Administrative sanction: Constitutional review of lower authority’s discretionary assessment and procedural lawfulness

The Austrian Constitutional Court dismissed the constitutional complaint, thereby upholding the challenged administrative act and finding no violation of the complainant's fundamental rights. The dispute concerned a procedural challenge to an administrative decision, with the complainant alleging that the lower administrative authority had erred in its assessment of the facts or the application of law, specifically contesting the legality and proportionality of the imposed sanction. The court held that the administrative decision was in conformity with the Constitution and applicable administrative law, as the authority had properly exercised its discretionary powers and adhered to mandatory procedural requirements. No specific legislative provision was found to be unconstitutional, and the original administrative ruling remains in force.