Constitutional Court jurisdiction to review acts of the judiciary under Article 144 B-VG

The Constitutional Court of Austria dismissed the constitutional complaint, ruling in favor of the state by holding that it lacks the jurisdiction to review acts of the judicial branch, thereby leaving the challenged administrative and judicial decisions in force. The dispute centered on the admissibility of a constitutional challenge against decisions purportedly issued by the Constitutional Court in its capacity as a court of last instance in judicial matters, specifically questioning whether the institution could apply to itself or review its own prior procedural acts. The decisive legal basis for this outcome is Article 144 of the Federal Constitutional Law (B-VG) in conjunction with the constitutional doctrine of the separation of powers, which expressly prohibits the Constitutional Court from exercising judicial review over acts of the judiciary (Akte der Gerichtsbarkeit), as no other legal provision grants it such competence.