Admissibility of individual constitutional application during pending review-eligible proceedings as subsidiary remedy under Art. 139, 140 B-VG

The Constitutional Court dismissed the constitutional complaint as inadmissible, thereby upholding the challenged procedural outcome. The dispute concerned an individual application challenging a final administrative decision in a social affairs matter, filed while a separate proceeding open to ex officio review by the court was still pending. Relying on Article 139 and 140 of the Federal Constitutional Law, the Court held that such individual applications are only admissible in exceptional circumstances to avoid duplicative judicial review, which conflicts with the nature of the individual application as a merely subsidiary remedy; consequently, the complainant's failure to meet this exceptional threshold rendered the complaint inadmissible.