Constitutional review of administrative act: requirement to substantiate specific infringement of fundamental rights

The Austrian Constitutional Court (VfGH) dismissed the constitutional complaint, thereby upholding the challenged administrative decision. The case involved a dispute regarding an administrative act where the complainant argued that the lower authorities had violated fundamental constitutional rights. The court found that the complainant failed to substantiate a concrete infringement of protected rights, as the administrative proceedings had been conducted in accordance with statutory requirements. The decisive legal basis was the principle that the Constitutional Court reviews only for violations of fundamental rights or constitutional rights, not for the correctness of the administrative decision, and that the respondent's actions were supported by the relevant administrative procedural norms and substantive law applicable at the time.