Austrian Constitutional Court: Vegan Landowner Must Tolerate Hunting on his Property
-
Nina Palmstorfer
Abstract
It follows from the settled case-law of the European Court of Human Rights (ECtHR) that the legal obligation of landowners to tolerate hunting on their property, although they oppose hunting on ethical grounds, may constitute a violation of the right to the peaceful enjoyment of one’s possessions. On the occasion of a landowner’s constitutional complaint the Austrian Constitutional Court assessed such obligation under the Carinthian Hunting Act and came to a different conclusion. In Austria there was a particular public interest in the comprehensive management of game which justifies the obligation to tolerate hunting despite of one’s beliefs. The landowner’s possibility to have the hunt suspended on land that is fully enclosed by a stable fence provided for in the provision was considered appropriate in order to protect the owners’ ethical interests. The Austrian Constitutional Court thus found that the compulsory hunting on one’s land in Carinthia does not violate Article 1 of Protocol No 1 to the ECHR.
© 2017 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Articles
- On the Relationship between International Law and International Constitutionalism
- Narratives of Constitutionalization in the European Union Court of Justice and in the European Court of Human Rights’ Case Law
- A Single Spark Can Start a Prairie Fire
- Constitutional Developments
- Austrian Constitutional Court: The Annulment of the Run-off for the Presidency
- Austrian Constitutional Court: Presidential Election – Analysis in the Light of the previous Jurisdiction of the Constitutional Court
- Austrian Constitutional Court: Presidential Election – Violation of the Principle of Free Elections
- Austrian Constitutional Court: Presidential Election – Counterevidence and Influence of New Media
- Austrian Constitutional Court: Vegan Landowner Must Tolerate Hunting on his Property
- Hungarian Constitutional Court: The Limits of EU Law in the Hungarian Legal System
- Bosnian Constitutional Court: Unconstitutionality of the ‘Day of the Republic’
- Book Review
- Khaitan Tarunabh: A Theory of Discrimination Law
- David Kennedy: A World of Struggle: How Power, Law, and Expertise Shape Global Political Economy
Articles in the same Issue
- Frontmatter
- Articles
- On the Relationship between International Law and International Constitutionalism
- Narratives of Constitutionalization in the European Union Court of Justice and in the European Court of Human Rights’ Case Law
- A Single Spark Can Start a Prairie Fire
- Constitutional Developments
- Austrian Constitutional Court: The Annulment of the Run-off for the Presidency
- Austrian Constitutional Court: Presidential Election – Analysis in the Light of the previous Jurisdiction of the Constitutional Court
- Austrian Constitutional Court: Presidential Election – Violation of the Principle of Free Elections
- Austrian Constitutional Court: Presidential Election – Counterevidence and Influence of New Media
- Austrian Constitutional Court: Vegan Landowner Must Tolerate Hunting on his Property
- Hungarian Constitutional Court: The Limits of EU Law in the Hungarian Legal System
- Bosnian Constitutional Court: Unconstitutionality of the ‘Day of the Republic’
- Book Review
- Khaitan Tarunabh: A Theory of Discrimination Law
- David Kennedy: A World of Struggle: How Power, Law, and Expertise Shape Global Political Economy
