Glosa do Wyroku austriackiego Trybunału Konstytucyjnego z dnia 14 czerwca 2017 r., sygn. akt G62/2017 ua G62/2017-12, G63/2017-14, stwierdzająca ponowne wejście w życie uprzedniego stanu prawnego

Abstract

The Constitutional Court has ruled on the lapse of the provision and on its re-entry into the legal system. According to § 4(3) of the ruling G62/2017 ua G62/2017-12, G63/2017-14 the expression “and 3” in § 16(5) of the law of financing political parties (LGBl 79/1981, idFLGBl 7/2017), should be repealed as unconstitutional due to a violation of the principle of equality before the law which also binds the legislator. These provisions illustrate the status of the law, as they were part of the legal system for some time and could be properly applied by public authorities. The ruling was issued on 14 June 2017 and concerns the re-entry into force of the previous legal status. However the Court emphasized that this matter should be regulated by the legislator of the Land of Salzburg. Regardless of the actions taken by the law-makers, the Constitutional Court had to deliver a judgement that is in accordance with the logical principle elaborated on the basis of Article 140(6) of the Austrian Constitution (Bundes-Verfassungsgesetz).