Constitutional review of administrative proceedings: jurisdictional limits and fair hearing under Art. 144 B-VG

The Austrian Constitutional Court dismissed the constitutional complaint as unfounded, upholding the challenged administrative act and the procedural decision of the lower administrative authority. The dispute concerned a challenge to the procedural handling and substantive lawfulness of an administrative decision, specifically alleging a violation of the constitutional right to a fair hearing or a review of the legal classification applied by the administrative body. The Court held that the complained-against decision did not constitute a new individual act subject to constitutional review under Article 144 of the Austrian Federal Constitutional Law, as it merely reconfirmed the existing legal situation or lacked the requisite individual impact to trigger jurisdiction, thereby finding no constitutional violation in the prior instance's ruling.