Constitutional complaint against administrative decision: scope of constitutional review and absence of objective intolerance in statutory application

The Austrian Constitutional Court dismissed the constitutional complaint, ruling that the challenged administrative act did not violate the complainant’s fundamental rights. The dispute concerned a specific administrative decision, with the applicant arguing that the lower administrative authorities had erred in their application of substantive law or procedural requirements during the underlying administrative proceedings. The court’s decisive legal analysis focused on the scope of constitutional review, finding that the administrative body’s interpretation and application of the relevant statutory provisions did not amount to an arbitrary or objectively intolerable violation of the constitutional principle of equality or the right to a fair hearing. Consequently, the impugned administrative decision remains in force, as no constitutional defect was established that would warrant annulment or remand by the Constitutional Court.