Constitutional review of administrative decision: violation of fundamental rights and statutory entitlements

The Austrian Constitutional Court (VfGH) declared the challenged administrative act unlawful and granted the applicant’s constitutional complaint, resulting in the annulment of the contested decision and a determination that the applicant was entitled to the relief sought. The dispute arose from an administrative law matter in which the applicant challenged a specific decision issued by a lower administrative authority, arguing that it violated their fundamental constitutional rights or statutory entitlements. The Court’s review focused on the proportionality and legal validity of the administrative act under the applicable public law framework. In its decisive legal analysis, the Court applied the principles of the rule of law and fundamental rights protection, finding that the administrative body failed to adhere to mandatory procedural or substantive legal requirements, thereby justifying the reversal of the lower instance decision.