Austrian Constitutional Court: Considering Climate Change as a Public Interest is Arbitrary – Refusal of Third Runway Permit Annulled
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Birgit Hollaus
Abstract
In the present case, the Constitutional Court found that in having considered climate change as public interest opposing the permitting of a third runway at Vienna International Airport, the deciding court had comprehensively misjudged the applicable law and thus acted arbitrarily. ‘Climate change’, the public interest in climate protection respectively, is not a public interest reflected in the Austrian Aviation Act, which the deciding court relied upon; interpreting the Act in light of the Austrian Federal Constitutional Act on Sustainability cannot newly found such a public interest. Highly anticipated, the judgment of the Constitutional Court surprises with its line of reasoning in arriving at this conclusion.
© 2017 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Articles
- The Politics of Global Constitutionalism
- The Judicial Dialogue in Europe
- Regional Economic Integration and the Reality of Strong National Constitutional Powers in South America. A Comparative Analysis
- Notes and Essays
- International Constitutional Law – Inclusive, but Still Selective?
- Special Topic: The Romanian Constitution at 25 – A Critical Examination of Romanian Constitutionalism
- The Multinational State That Wasn’t: The Constitutional Definition of Romania as a National State
- The Romanian Constitution and Civic Engagement
- Constitutional Developments
- Austrian Constitutional Court: Constitutionality of the Obligation to Bear Costs in Criminal Proceedings
- Austrian Constitutional Court: Considering Climate Change as a Public Interest is Arbitrary – Refusal of Third Runway Permit Annulled
Articles in the same Issue
- Frontmatter
- Articles
- The Politics of Global Constitutionalism
- The Judicial Dialogue in Europe
- Regional Economic Integration and the Reality of Strong National Constitutional Powers in South America. A Comparative Analysis
- Notes and Essays
- International Constitutional Law – Inclusive, but Still Selective?
- Special Topic: The Romanian Constitution at 25 – A Critical Examination of Romanian Constitutionalism
- The Multinational State That Wasn’t: The Constitutional Definition of Romania as a National State
- The Romanian Constitution and Civic Engagement
- Constitutional Developments
- Austrian Constitutional Court: Constitutionality of the Obligation to Bear Costs in Criminal Proceedings
- Austrian Constitutional Court: Considering Climate Change as a Public Interest is Arbitrary – Refusal of Third Runway Permit Annulled
