Name of the act/s*

Constitutional Court, 1st of October 2020, V 392/2020-12

Subject area

Constitutional Law; Covid-19

Brief description of the contents of the act

In its decision, the Constitutional Court emphasized, that an administrative authority which enacts an administrative regulation (based on the COVID-19 Maßnahmengesetz [Act on Measures against COVID-19]) taking measures against COVID-19 has to be based on facts, which allow for the assessment of its proportionality. The enacting authority has to record these facts.

Comment

The decision of the Constitutional Court can be considered a follow-up decision since the Court already took a similar decision in July 2020 (14^th July 2020, V 411/2020). It is of significance because the Court is stressing the fact, that the administrative regulation has to be based on evidence and that this evidence has to be recorded.

*Act citation /year and number

Constitutional Court, 1st of October 2020, V 392/2020-12

Enacted by

Constitutional Court

Official link to the text of the act

https://www.vfgh.gv.at/downloads/VfGH-Erkenntnis_V_392_2020_vom_1._Oktober_2020.pdf