AUSTRIA Law and Practice Contributed by: Bernd Rajal, Maximilian Klein and Moritz Üblagger, Schönherr Rechtsanwälte GmbH
10.8 Human Rights Sources of Fundamental Rights
equality for those subject to the law. The gen - eral principle of equality is enshrined in Article 7 B-VG as well as Article 2 StGG (see 10.8 Human Rights for the sources of fundamental rights), which stipulate that all citizens are equal before the law. This fundamental right to equality basically applies to both natural and legal persons with Austrian or EU citizenship or registered office in an EU member state. Specific prohibitions against discrimination are found within the rules governing the fundamental freedoms of the internal market. According to Article 18 of the Treaty on the Functioning of the European Union (TFEU), there is a comprehensive prohibition on discrimination, which prevents discrimination against EU citizens in comparison to nationals, within the scope of EU law. Additionally, the Charter of Fundamental Rights of the European Union enshrines the principle of equality in Article 20, stating that all persons are equal before the law. Complaint Based on Unequal Treatment Directly applicable EU law, including the Charter of Fundamental Rights, as well as the violation of constitutionally guaranteed rights, are part of the standard of judicial review applied by admin - istrative courts (see 10.2 Constitutional Chal- lenge ). As the fundamental right to equality is a constitu - tionally guaranteed right (and also a fundamental right of the European Union), a complaint to an administrative court may assert that there has been unequal treatment in circumstances where equality should have been upheld.
In Austria, fundamental rights are not codified in a single section or part of the federal constitu - tional law but are instead dispersed across vari - ous legal sources. The following are of particular importance: • the Fundamental Law of the State of 21 December 1867 on the general rights of citi - zens for the kingdoms and states represented in the Imperial Council (StGG); • the European Convention on Human Rights (ECHR); and • the Charter of Fundamental Rights of the European Union (CFR). Austria acceded to the European Convention on Human Rights and its First Additional Protocol in 1958. The ECHR holds the status of federal constitutional law in Austria, with its provisions directly applicable. Consequently, it is consid - ered of equal rank and value to other core con - stitutional texts, such as the StGG. According to the case law of the Constitution - al Court, the provisions of the CFR should be applied in the same manner as rights guaranteed by constitutional law, provided they do not have a completely different normative structure from the rights guaranteed in the Federal Constitu - tion. They therefore form a standard of review both in proceedings for the review of legal provi - sions and in proceedings for the review of deci -
sions by administrative courts. Complaint Based on Violation of Constitutionally Guaranteed Rights
Directly applicable EU law, including the CFR, and the violation of constitutionally guaranteed rights, form part of the judicial review standard applied by administrative courts (see 10.2 Con-
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