ORF Contribution Lands Before the Constitutional Court in June

In a public hearing, the Constitutional Court (VfGH) will deliberate in June on the ban on "Social Egg Freezing". According to the Reproductive Medicine Act, the removal and freezing of eggs without medical reason is prohibited. A woman from Vienna sees this as a violation of the constitution and has asked the VfGH to repeal the regulation. The public hearing will take place on the morning of June 13. However, the decision will be made later.

VfGH applies "mass procedure" regulation for ORF complaints

Already in March, the VfGH announced that due to the significant number of complaints against the ORF fee regulations, a regulation for a so-called "mass procedure" would be applied. As a result, all proceedings pending at the Federal Administrative Court (BVwG) are suspended. Only when the VfGH has made a decision on the constitutionality of the ORF fee, which can then be relied upon, will these proceedings be continued.

Gabalier concert also occupies VfGH

The VfGH also has to deal with a ban on a concert by Andreas Gabalier in Ischgl in April of the previous year. The Tyrolean Regional Administrative Court submitted a request to lift a ban imposed by the district authority. The basis of the request to the VfGH is an administrative penalty imposed on a man because he climbed over barriers onto the stage during the concert, where he intended to unfurl a protest banner. The LVwG has concerns that the ban regulation does not meet the legal requirements under the Security Police Act.

Referendums challenged before VfGH

In three cases, the results of referendums are being challenged. Two concern referendums on the construction and operation of wind power plants in Waidhofen an der Thaya and in Carinthia, and the third case involves the extension of the Salzburg local railway to Hallein. Several eligible voters have challenged these three referendums, each on the grounds that the questions presented to the voters were unclear or indefinite contrary to legal requirements.

VfGH deals with value adjustment clause

A real estate company has applied to the VfGH to declare a provision of the Consumer Protection Act (KSchG) regarding value adjustment clauses in rental contracts as unconstitutional. The company is the landlord of an apartment in Vienna, whose tenant demanded the repayment of part of the rent and was upheld by a district court. The tenant argued that he had paid too much rent due to an ineffective value adjustment clause in the rental contract. The VfGH's agenda also includes numerous complaints in asylum law matters. For example, complaints from Afghan nationals whose asylum applications were rejected are pending.

ji/wim

This article has been automatically translated, read the original article here.