With a commitment to the European Convention on Human Rights (ECHR), the Constitutional Court (VfGH) today celebrated the 103rd anniversary of the ruling on the Austrian Federal Constitution. At the Constitution Day ceremony, only sparse mention was made of the Austrian constitution, the creation of which VfGH President Christoph Grabenwarter described as a “great political achievement of our ancestors during the post-war turbulence of the 1920s”.
Rather, it was about the future of the European Court of Human Rights (ECHR). This could be understood as a constitutional court that safeguards and develops relevant human rights standards in conjunction with national supreme courts, said its president and keynote speaker, Siofra O’Leary.
Behind the invitation of the Irishwoman, who was greeted with the adaptation of folk songs from her homeland, made by Ludwig van Beethoven, is a commitment to the ECHR, which has constitutional status in Austria, especially at a time when there are again serious human rights violations. on European soil, said Grabenwarter.
ECHR as “potential last resort”
Since 1998 there has been a single ECHR, which meets constantly, and which has since been faced with an increasing flood of complaints – 75,000 are currently pending. 70 percent of these come from Turkey, Russia, Ukraine and Romania, and just 0.12 percent come from Austria, O’Leary said.
Short-term improvements could be achieved, for example, by not examining cases that do not meet a minimum level of severity. O’Leary also proposes the introduction of mechanisms that allow the Court to filter cases that have “constitutional” relevance to jurisprudence.
The ECtHR is potentially the last resort in the legal area of the Council of Europe, O’Leary explained. Constitutional Minister Karoline Edtstadler (ÖVP) emphasized the problem that this path is no longer open to Russians after the country was excluded last year. However, O’Leary said they are still responsible for more than 15,000 outstanding complaints against the Russian Federation and five state cases brought by Ukraine.
Van der Bellen called for climate protection measures
Federal President Alexander Van der Bellen took the topic as an opportunity to highlight the need for measures against the climate crisis. The implementation of the ECHR into Austrian law is a success story, but it took decades for it to find its way into legal practice, he said. This long period of time is no longer available in the climate crisis. Although the measures were the responsibility of politicians and legislators, the ECHR could help recognize the urgency.
Regarding the “super election year” of 2024 – elections will take place not only in Austria and the EU, but also in Russia and Ukraine, Edtstadler spoke of a divided society. She emphasized freedom of expression. For example, climate activists in the “Last Generation” group should be allowed to be criticized for the nature of their protests, even if they are promoting an important goal.