Die Grundrechtecharta in der Judikatur des Verfassungsgerichtshofes (2020)
About the legal nature of the Charter's fundamental rights and their comparability with Austrian fundamental rights:
For decisions of the Austrian Constitutional Court, Union law is in principle not a standard of review - this was the constant case law of the Austrian Constitutional Court for a long time. This changed in 2012 with the so-called "Charter of Fundamental Rights Decision" for a small part of Union law. Since this decision, rights - but not principles - of the Charter of Fundamental Rights can at least be invoked in procedures of judicial review and special administrative jurisdiction if they are similar in wording and certainty to constitutionally guaranteed rights. At the same time, the Austrian fundamental right and that of the Charter of Fundamental Rights must not have completely different normative structures.
