La gestione della crisi pandemica in Austria: regolarità costituzionale e qualche distonia politica

Abstract

The pandemic management in Austria: constitutional regularity and some political dystonias – This paper examines the legislation and the administrative measures adopted in Austria over the first two months of the Coronavirus pandemic. After summarising the main contents of the provisions, the constitutional framework in which they are embedded is presented. Despite the impressive legislative and regulatory production, the marginalization of parliament and of the Länder, as well as the short but significant limitations in the enjoyment of fundamental rights, a state of emergency has never been declared. The measures have been taken respecting the ordinary system of sources of law and no severe violations of the constitution seem to be emerging. Some concern stems however from the dismissive attitude of the federal chancellor towards judicial review of the measures, which might have long lasting negative consequences on the legal culture in the country.