Constitutional complaint against administrative decision; review of fundamental rights and rule of law

The Austrian Constitutional Court (VfGH) dismissed the constitutional complaint, upholding the challenged administrative decision. The dispute concerned a challenge against a specific administrative act, identified by case number B46/75, where the complainant alleged a violation of fundamental rights or the rule of law in an administrative procedure. The court found no merit in the allegations, determining that the administrative authority’s decision did not infringe upon the complainant’s constitutional rights or contravene applicable statutory limits, thereby confirming the validity of the lower instance’s ruling. The decisive legal basis involves the review standards of the Austrian Federal Constitutional Court regarding administrative discretion and fundamental rights protection under the Austrian Federal Constitution, resulting in the rejection of the annulment request.