3 - Constitutional Identity in Austria

Summary

Austria’s constitutional identity comprises the Basic Principles as well as several other provisions of the Federal Constitution. The Basic Principles rank highest in the Austrian legal order. They form a constitutional core that may not be limited by EU law. This core concerns the Democratic Principle, the Republican Principle, the Federal Principle, and the Principle of the Rule of Law – the latter of which includes the Principle of the Separation of Powers and the Liberal Principle. The Austrian Federal Constitution is rather ‘flexible’ as far as constitutional amendments are concerned. Such amendments occur at frequent intervals (over 100 times since 1929). Thus, special care has to be taken when determining which constitutional provisions form part of Austria’s constitutional identity beyond the Basic Principles. Some Objectives of the State (for example, the social partnership) as well as several other constitutional norms (for example, the abolition of the nobility) qualify as constitutional identity.