Constitutional review of administrative decision: admissibility of constitutional complaint against non-legislative act

The Austrian Constitutional Court (VfGH) dismissed the constitutional complaint as inadmissible, thereby upholding the decision of the prior administrative instance. The dispute concerned a challenge to an administrative sanction or measure imposed on the complainant, who argued that the underlying norm violated the Austrian Federal Constitution. The Court’s analysis focused on the scope of judicial review of administrative acts and the admissibility criteria for constitutional complaints against non-legislative measures. The decisive legal basis involved the requirements under the Austrian Constitutional Court Act (VfGG) regarding the individual and concrete nature of the alleged constitutional violation, as well as the principle that the VfGH does not function as a general superiors court for factual or procedural errors in administrative proceedings.