Konrad Lachmayer wrote an article about “Codification of Administrative Law in Austria” in Felix Uhlmann (ed), Codification of Administrative Law. A Comparative Study on the Sources of Administrative Law at Hart Publishing.
In 2009, the Austrian Constitutional Court (ACC) was asked to pass judgment on whether an official warning of the Financial Market Authority represented a violation of a right. The Austrian Banking Act empowers the independent agency to inform the public if a certain bank or corporation is not allowed to carry out a certain form of bank business. As the Banking Act does not grant the possibility for legal protection, the legal issue at the ACC referred to the question of whether such an official warning is able to violate fundamental rights and, if so, what kind of legal protection would be necessary. …
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