Constitutional complaint inadmissibility due to failure to invoke and examine constitutional rights in prior proceedings

The Constitutional Court of Austria dismissed the constitutional complaint as inadmissible, leaving the prior administrative and judicial decisions in force. The case concerned a procedural challenge to the competence or procedural regularity of a lower authority in a dispute involving administrative measures, where the complainant alleged a violation of constitutional rights. The decisive legal basis was the standing requirement under the Austrian Constitution, which mandates that a constitutional complaint is only admissible if the complainant was a party to the underlying proceedings and demonstrated that the constitutional rights at issue were explicitly invoked and examined by the lower courts; the failure to meet these strict procedural prerequisites for individual protection rendered the complaint inadmissible.