Less is more these days – but the seaside would also be great...
After Easter comes a second spring. We feel better. Smaller shops have re-opened. Garden centres and DIY markets are overrun to garden our beloved homes. But please wait in (long) line at the entrance in one meter distance and with a face mask.
Our thoughts are straying to the seaside anyway. But the "Sea of the Viennese" (geographers call it semi-dry "Neusiedler See") is supposed to be accessible only for those domiciled within a 15 km zone. Vienna feels excluded. The lake has never been further away. Those who want to be closer need a second domicile.
So in week five, there are still administrative measures in place. There is no trust in voluntarily responsible behaviour.
A group of constitutional experts have been asked to review the crisis measures adopted in the last weeks and, if necessary, to improve the quality of legislation.
It is interesting that no repair was perceived necessary before, since you have to break an egg to make an omelette and the Constitutional Court could only make a decision post festum anyway.
Somehow one would prefer a uniform line and the German model of interim protection in case of intrusions into fundamental rights also in Austria. While the Federal Constitutional Court has already moved forward with several urgent proceedings on COVID-19 issues and in one case has temporarily suspended an order banning peaceful assembly, a gap of legal protection is opening up in Austria.
However, the rule of law state must stand the test in times of crisis. Anyway, at present applications for reimbursement of loss of income under the Epidemic Act are submitted, and then matters will get exciting.
The lawyers at Binder Grösswang are still fully committed to you and continuously share relevant information on our website and on social media.
Please note: This blog merely provides general information and does not constitute legal advice of any kind from Binder Grösswang Rechtsanwälte GmbH. The blog cannot replace individual legal consultation. Binder Grösswang Rechtsanwälte GmbH assumes no liability whatsoever for the content and correctness of the blog.