Constitutional complaint challenging the compatibility of Administrative Court Act provisions with fundamental rights in social insurance pension calculations

The Constitutional Court dismissed the constitutional complaint, ruling that the challenged provisions of the Administrative Court Act were not unconstitutional and thereby upholding the lower court's dismissal of the applicant’s appeal. The dispute concerned a social insurance matter, specifically the calculation of pension benefits, where the applicant challenged the Administrative Court’s procedure and substantive interpretation of the pension law. The decisive legal basis was the finding that the administrative courts had the authority to review and correct lower administrative agency decisions without violating the fundamental right to a fair hearing under the Austrian Federal Constitution, as the procedural requirements for judicial review were strictly adhered to and no violation of the principle of proportionality or legal certainty was established in the application of the relevant pension statutes.