Constitutional review of statutory provision: determination of legislative discretion and compliance with the principle of equality

The Constitutional Court dismissed the constitutional complaint, thereby upholding the legislative act and leaving the decision of the prior instance in force. The dispute centered on the challenge of a specific statutory provision, where the petitioner argued that the law violated fundamental constitutional rights or the principle of equality. The Court found no violation of the cited constitutional norms, ruling that the challenged legislation did not infringe upon the petitioner’s protected interests and thus remained valid. The decisive legal basis involved the review of legislative discretion and the hierarchy of laws under the Austrian Federal Constitution, specifically assessing whether the enactment met the requirements of general and equal application.