- one, multiple, or none of the answers can be correct in the exam
- answers are scrambled in order
How to read
purple tick ⇒ correct no tick ⇒ incorrect the indented text gives extra reasons or points to extra reasons with links
Austrian Constitutional Law
- The ECHR is an international treaty which is why it is ranked as an ordinary federal law in Austria. → constitutional law, not ordinary law
- [!] Austrian constitutional law is spread among various legal documents.
- The nine Land constitutions are the legal acts of the highest rank in the hierarchy of norms. → nothing stands above federal constitution
- [!] The so-called hierarchy of norms is a theoretical concept to structure a legal system.
Basic Principles of the Austrian Federal Constitution
- The legal position of the Federal President is part of the democratic principle. → repulic principle, not part of democratic principle
- [!] Legal certainty and foreseeability of the legal order are essential parts of the principle of the rule of law.
- The Federal President’s term of office is ten years, with re-election not being possible. → 6 years, re-eleciton is possible once
Austrian Constitutional Law (Second Set)
- If ordinary constitutional law conflicts with rulings of the Austrian Constitutional Court, it is considered to be so-called unconstitutional constitutional law. → rulings are not laws
- According to the principle of the separation of powers, a member of the Austrian government cannot simultaneously be a member of the Austrian Parliament. → exception, member of government cannot be a judge
- [!] The legislative power is exercised by the Parliament. Members of Parliament are directly elected by Austrian citizens.
- [!] The executive power of the Federation is exercised by federal authorities and by Land authorities.
EU Law Statements
- Directives are binding legal acts and directly applicable in all Member States. → Regulations: directly applicable, no need to be transposed/implemented → Directives: not directly applicable, need to be transposed into national law first
- [!] EU secondary law consists of legal acts based upon primary law.
- The preliminary reference procedure has enabled the CJEU to ensure a uniform interpretation and application of EU law in all Member States.
- [!] EU law constitutes supranational law, characterized by its direct effect and supremacy. → no member state can decide whether the laws are to be applied
EU Institutions
- The European Commission defines the general political directions of the EU. → European Council instead of Commission
- The European Council consists of a representative of each Member State at ministerial level and proposes legislation to the European Parliament and the Council of Ministers. → not the European Council, for normal Council in Austria it is true → European Council composed of Head of States of member states → proposing legislation is with the European Commission, not with European Council
- [!] The Court of Justice of the European Union is competent to review the legality of the acts of the EU’s institutions.
- [!] The Members of the European Parliament are directly elected by the Union’s citizens.
Fundamental Freedoms
- [!] Packaging requirements for products, for instance, are also caught by the fundamental freedoms when their utilisation is impeded or rendered unattractive.
- [!] In order to invoke the fundamental freedoms, there needs to be a cross-border economic activity.
- Nationality requirements for professional players in sports are an example of indirect discrimination. → direct discrimination, nationality requirements are always direct discrimination
- Directly discriminatory measures are also called de facto or disguised discriminatory measures. → not disguised
Free Movement of Goods
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the CJEU’s jurispreduence following Keck had represented a distinctly liberalist approach. → not following Keck, but Dassonville
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[!] In the Keck-Case, the CJEU held that national provisions restricting or prohibiting certain selling arrangements may – under certain conditions – be lawful under the provisions on the free movement of goods.
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[!] The CJEU’s approach in the Dassonville-Case allowed private businesses – in conjunction with direct effect and the supremacy of EU law – to challenge ever more frequently even non-discriminatory state regulations.
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[!] One aspect of the free movement of goods is the prohibition on market access. → free movement of goods excludes prohibition on market access → deemed true but with the concrete wording here it should be false
Fundamental Rights
- Fundamental rights may be enforced before the Supreme Court of Austria. → constitutional court
- The principles included in the CFR are self-standing rights which may be invoked by EU citizens in proceedings before the CJEU. → CFR belongs to EU, but EU Citizens do not have the power to invoke proceedings → Luxemburg Case
- As the objective of fundamental rights is to protect the individual against arbitrary action by public authorities, those rights cannot impose positive obligations on states. → can impose positive obligations on states, e.g. rerouting traffic with demonstrations
- [!] Fundamental rights can be divided into different groups, such as civil liberties, rights of equality, and procedural guarantees.