Urgent VfGH procedure and revision of crown laws required – Coronavirus Vienna

The rush was “probably appropriate,” but the regulations, which were quickly adopted without evaluation, were sometimes “incomplete and incorrect.” In the rule of law, “transparency and quality” must apply to legislation, even in difficult times, he said in an APA interview.

Even in times of need, laws and regulations must clearly state what is allowed and what is prohibited. “Citizens often don’t know what they are allowed to do,” Wolff criticizes, referring to the confusion surrounding the Easter decree, for example.

Wolff is upset that Federal Chancellor Sebastian Kurz (ÖVP) has dismissed legal concerns with the note that the regulations are no longer in effect during the VfGH review. It would be “quite risky if the legislator breaks the constitutional law, because he runs the risk of being responsible for paying compensation to an affected citizen.” Therefore it would be very helpful if the VfGH, as in Germany, can review the laws in a quick procedure.

Finally
The measures to contain the coronavirus are diverse.
Basic rights one: from the right of the house (to receive a visit) through
Free movement until the practice of religion (for example, the prohibited visit of
Masses in the churches). “Unjustified and irrelevant” – therefore
unconstitutional – from the point of view of lawyers, the regulation is that
They were allowed to unlock stores with less than 400 square meters,
Larger stores but do not cordon off additional sales areas
(and thus unlock).

If there had been an evaluation, “we would have found a solution,” Wolff requires at least a “quick evaluation” of the crown laws. This would also have avoided the error (now corrected) that the deadline for filing appeals in criminal proceedings was not suspended, but not for executing them. “If laws are only passed quickly without paying attention to quality, more is destroyed than is useful,” Wolff said.

If mistakes were made, be “ours
The obligation to show them is not legal
Wit “- Wolff shows another response from the Chancellor
Legal objections back. And the legislature has an obligation
Fix bugs again. In the one used by the Minister of Health
Lawyers are the group of experts to examine laws and regulations.
unrepresented Wolff hopes this can change
Lawyers bring their practical experience.

In any case, “extremely sensitive management of fundamental rights and freedoms” is necessary, especially in times of emergency, although of course it is difficult to weigh them. Because health is so valuable that certain restrictions on other rights are permissible to protect it. In principle, Wolff thinks that “it is better to motivate citizens positively than to prohibit them by law.” The attorney-president also praises the government’s motivation: “The government has managed to communicate why the steps were necessary.” You can see from the infection numbers that severe restrictions have “paid off.”