Mag.a Susanne Gstöttner
The question of the legitimacy of specific aims justifying interferences in fundamental rights arises at national and international level. For both the Austrian Constitutional Court (ACC) and the ECtHR, the question of “public interest” or a “legitimate aim” is formally at the beginning of assessing the violation of a fundamental right. However, the terminology for this step of the assessment and the approach differ depending on the fundamental right under examination, the underlying legal sources and the case law of the ACC and EGMR. The meaning, function and effect of this restriction to certain aims as well as the distinction of the different terms from different legal sources and case law remain unanswered. In addition, it is of interest how the aim of the intervention is defined and what role the different actors, in particular the supreme courts, the legislature, the government that takes part in the proceedings, have in determining the aim of the intervention.
Mag. Lukas Wieser
From the perspective of the individual, the provisions regulating commencement and exercise of commercial activities in the Austrian Industrial Code present themselves as encroachments on their freedom to carry on a business, which is protected by fundamental rights. As interferences with fundamental rights, they must serve certain public interests. The first step of the research project is to examine which regulatory objectives underlie the Austrian Industrial Code. In particular, the focus is on the certificate of proficiency, which represents both the central steering instrument of the Austrian Industrial Code as well as the primary entry barrier for starting a commercial activity. Building on the findings from the examination of the regulatory objectives, the constitutional conformity of the qualification system should then be analyzed in a second step.