AUTHOR (name and surname)

Maria Bertel

COUNTRY

Austria

YEAR

2022

Name of the act/s*

Constitutional Court, 15 September 2022, SV 1/2021-23

Subject area

Public International Law and National Law

Brief description of the contents of the act

The Constitutional Court has for the first time declared provisions of a treaty (Agreement between the Republic of Austria and the Organization of Oil-Exporting Countries on the headquarters of the Organization of Oil-Exporting Countries BGBl 382/1974, last amended BGBl III 108/2010)

Comment

In this decision, the Constitutional Court has declared several provisions unconstitutional because they violate Art 6 para 1 ECHR. The provisions stipulate, that the OPEC is exempt from state jurisdiction. The claimant argued, that for labor disputes neither state courts nor an alternative mechanism within OPEC was available. The Court pointed out, that a fair trial had to be guaranteed also in labour disputes. The Court held, that as long as an appropriate mechanism for the settlement of labor disputes that safeguards the rights of employees was not in place, the respective provisions could not be interpreted as being in conformity with the constitution. It therefore declared the provisions unconstitutional.

Secondary sources/ doctrinal works (if any)

*Act citation /year and number

Constitutional Court, 15 September 2022, SV 1/2021-23

Enacted by

Constitutional Court

Official link to the text of the act

https://www.vfgh.gv.at/downloads/VfGH-Erkenntnis_SV_1_2021_vom_29._September_2022.pdf