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EN
The article is devoted to popular initiative in Austria with reference to actions aimed at preventing COVID-19 from spreading. Due to the emergence of threat in the form of COVID-19, the popular initiative expressed in Article 41(2) of the Constitution of Austria has changed in terms of its meaning. The state of COVID-19 pandemic forced Austrian legislature to change the law, including amendments to the act of 2016 on popular initiative. The popular initiative act was amended in § 24(1) and (2) by introducing certain restrictions on the fulfillment of this initiative. In April 2020, the popular initiative act was amended by suspending the deadlines referred to in § 4(1) and § 6(1), and revoking the already established periods of entry, pursuant to § 6(2). This modification was made with a view to smoothly implement the popular initiative with regard to counteracting COVID-19. Based on these provisions, the implementation of the popular initiative has changed its shape.
EN
The Constitutional Court has ruled on the lapse of the provision and on its re-entry into the legal system. According to § 4(3) of the ruling G62/2017 ua G62/2017-12, G63/2017-14 the expression “and 3” in § 16(5) of the law of financing political parties (LGBl 79/1981, idFLGBl 7/2017), should be repealed as unconstitutional due to a violation of the principle of equality before the law which also binds the legislator. These provisions illustrate the status of the law, as they were part of the legal system for some time and could be properly applied by public authorities. The ruling was issued on 14 June 2017 and concerns the re-entry into force of the previous legal status. However the Court emphasized that this matter should be regulated by the legislator of the Land of Salzburg. Regardless of the actions taken by the law-makers, the Constitutional Court had to deliver a judgement that is in accordance with the logical principle elaborated on the basis of Article 140(6) of the Austrian Constitution (Bundes-Verfassungsgesetz).
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