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Name of the act/s* |
Decision of the Constitutional Court, G72/2019 ua (G72-74/2019-48, G181-182/2019-18) |
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Subject area |
Constitutional Law, Art 8 ECHR |
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Brief description of the contents of the act |
A federal Act foreseeing a government Trojan was declared unconstitutional (violation of Art 8 ECHR). |
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Comment |
The nature and intensity of the surveillance measure by the "Federal Trojan" was disproportionate, because it also affected many uninvolved persons. |
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Secondary sources/ doctrinal works (if any) |
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*Act citation /year and number |
Constitutional Court, 11.12.2019, G72/2019 ua (G72-74/2019-48, G181-182/2019-18) |
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Enacted by |
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Official link to the text of the act |
https://www.ris.bka.gv.at/Dokument.wxe?Abfrage=Vfgh&Dokumentnummer=JFT_20191211_19G00072_00 |
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Name of the act/s* |
Decision of the Constitutional Court, E4114/2019 |
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Subject area |
Constitutional Law, EU Law |
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Brief description of the contents of the act |
The Constitutional Court dismissed a claim which aimed at interim measures being taken based on Art 19 and Art 47 Fundamental Rights Charter. |
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Comment |
The court reasoned, that in this specific case a claim for interim relief cannot be derived from EU law in proceedings before the Constitutional Court. |
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Secondary sources/ doctrinal works (if any) |
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*Act citation /year and number |
Constitutional Court, 5.12.2019, E4114/2019 |
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Enacted by |
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Official link to the text of the act |
https://www.ris.bka.gv.at/Dokument.wxe?Abfrage=Vfgh&Dokumentnummer=JFT_20191205_19E04114_00 |
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Name of the act/s* |
Decisions of the Constitutional Court, E2047/2019 ua; E3530/2019 ua; E2893/2019 ua |
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Subject area |
Constitutional Law, EU Law |
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Brief description of the contents of the act |
Infringement of the freedom of services because the amount of the fine and the seriousness of the infringements were disproportionate. Violation of Art 1 1st Additional Protocol to the ECHR, because the administrative tribunal of Vienna applied national law which the ECJ later declared to infringe EU law. |
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Comment |
The court reasoned, that in this specific case a claim for interim relief cannot be derived from EU law in proceedings before the Constitutional Court. |
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Secondary sources/ doctrinal works (if any) |
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*Act citation /year and number |
Constitutional Court, 27.11.2019, E2047/2019 ua; E3530/2019 ua; E2893/2019 ua |
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Enacted by |
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Official link to the text of the act |