Constitutionality of Federal Election Act 1977 provisions on eligibility and procedural mechanics

The Austrian Constitutional Court declared the challenged provision of the Federal Election Act for 1977 unconstitutional and gave rise to a legislative duty to correct it, thereby upholding the constitutional complaint and prevailing for the complainant against the state. The dispute centered on a challenge to the statutory rules governing the eligibility or procedural mechanics of federal elections, where the applicant alleged a violation of fundamental constitutional rights and democratic principles. The Court's decision rested on the interpretation of the Austrian Federal Constitution, particularly the principles of popular sovereignty, the right to participate in elections, and the separation of powers, determining that the specific legislative norm conflicted with higher constitutional mandates.