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Austria/European Court of Human Rights: No Discrimination If Heterosexual Couple Is Denied Access to Registered Partnership

(Nov. 16, 2017) On October 26, 2017, the European Court of Human Rights (ECtHR) held in a five to two decision that there is no violation of article 14 (prohibition of discrimination) in conjunction with article 8 (right to respect for private and family life) of the European Convention on Human Rights (ECHR) when registered […]

Austria: Full-Face Veil Ban Enters Into Force

(Nov. 3, 2017) On October 1, 2017, a ban on full-face veils in public places and buildings entered into force in Austria.  According to section 1 of the Anti-Face Veil Act, the Act aims to “further integration by strengthening participation in society and by promoting peaceful coexistence in Austria.”  (Bundesgesetz über das Verbot der Verhüllung […]

Austria: Expropriation of Hitler’s Birthplace Held Constitutional

(Sept. 8, 2017) On June 30, 2017, the Austrian Constitutional Court (Verfassungsgerichtshof Österreich, VfGH) held that the expropriation by law of the house in which Adolf Hitler was born was constitutional, thereby rejecting the application of the former owner of the house to declare the Expropriation Act void.  The Court stated that the expropriation was […]

Austria: State of Emergency Legislation Being Considered to Limit Refugee Numbers

(Apr. 19, 2016) A legal opinion commissioned by the Austrian government and delivered in March 2016 found that the plan of the Austrian Federation, states, municipalities, and cities to impose an upper limit on the amount of refugees, if the limit is understood as an absolute number, violates international and European Union law. According to […]

Austria: Newly Proposed Measures on Asylum and Refugees

(Feb. 5, 2016) On January 20, 2016, the Austrian Federation and the Austrian states, as well as the municipalities and cities, came to an understanding on an upper limit of 127,500 refugees that will be allowed to apply for asylum in Austria over the course of the next four years. If implemented into binding legislation, […]

Austria: Parliament Enacts Tax Reform

(Aug. 20, 2015) On July 23, 2015, Austria’s Parliament enacted a major reform of the country’s tax system that expands the progressive income tax scale for individuals to six brackets, ranging from an initial 25% rate to a ceiling rate of 55%. Other aspects of the reform include, inter alia, doubling the tax-exempt allowance for […]

Austria; Council of Europe; Organisation for Economic Cooperation and Development: Ratification of Tax Convention

(Sept. 10, 2014) On August 28, 2014, Austria deposited its instrument of ratification of the Convention on Mutual Administrative Assistance in Tax Matters. The Convention and its amending Protocol will enter into force for Austria in three months, on December 1. (Convention and Protocol on Mutual Administrative Assistance in Tax Matters – Austria Deposits Instruments […]

Austria: Administrative Courts Reformed

(Jan. 6, 2014) On January 1, 2014, a major reform of the Austrian system of administrative justice went into effect. It is based on the Administrative Justice Reform Act of 2012 (Verwaltungsgerichtsbarkeit-Novelle 2012, BUNDESGESETZBLATT I 2012/51), and on numerous implementation laws and regulations of the Federation and the Austrian states (Länder). It also involved a […]

Austria: Reform of Citizenship Law

(Aug. 13, 2013) On July 30, 2013, Austria amended its Citizenship Act (Bundesgesetz mit dem das Staatsbürgerschaftsgesetz geändert wird [Amending Act to the Citizenship Act] (July 30, 2013), BUNDESGESETZBLATT I 136/2013), RIS [Rechtsinformationssystem, The Legal Information System of the Republic of Austria]). The reform improves the rights of children born out of wedlock to acquire […]

Austria: Popular Vote Retains Military Conscription

(Feb. 5, 2013) On January 20, 2013, Austrians voted on whether to retain military conscription or establish a paid career army instead. With 59.7% of the voters upholding the current system and a voter participation of close to 52%, the voters strongly rejected the abolition of a conscripted army. (Bundesministerium für Inneres, Volksbefragung 2013 (last […]