Repeal Certain Words And Character Strings In Section 59 Para 3, § 117 B Paragraph 1 Z 18 And Article 125 Par. 4 Of The Medical Act 1998 By The Constitutional Court, As Well As Saying Of The Verfassungsgerichtsh...

Original Language Title: Aufhebung bestimmter Wort- und Zeichenfolgen in § 59 Abs. 3, § 117b Abs. 1 Z 18 und in § 125 Abs. 4 des Ärztegesetzes 1998 durch den Verfassungsgerichtshof sowie Ausspruch des Verfassungsgerichtsh...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

50. Revocation by the Federal Chancellor of the annulment of certain words and strings in § 59 (3), § 117b (1) (18) and Section 125 (4) of the Medical Act 1998 by the Constitutional Court, as well as the ruling of the Constitutional Court, that a certain phrase in Section 125 (4) of the Medical Act 1998 was unconstitutional

Pursuant to Art. 140 (5), (6) and (7) B-VG and in accordance with § 64 (2) and § 65 Z 1 in conjunction with Section 64 (2) of the Constitutional Court Act 1953, Federal Law Gazette (BGBl). No. 85/1953, is made known:

The Constitutional Court, with the recognition of 23 June 2014, G 99 /2013-13, G 28 /2014-12, G 118 /2014-4, delivered to the Federal Chancellor on 9 July 2014, rightly recognized:

" 1.

The strings "1," and ", 2" in § 59 (3), first sentence, § 59 (3) last sentence and the phrase "and discharge from the medical list" in § 117b paragraph 1 Z 18 of the Federal Law on the Exercising of the Medical profession and the standing representation of the Doctors (Physicians Act 1998-Physicians ' G 1998), BGBl. I n ° 169, in each case idF BGBl. I n ° 144/2009, as well as the phrase "and section 59 (3)" in § 125 (4), second sentence, of the Federal Act on the Performance of the Medical profession and the standing representation of the doctors (Medical Law 1998-ÄrzteG 1998), BGBl. I n ° 169, idF BGBl. I n ° 80/2012 are repealed as unconstitutional.

2.

The repeal shall enter into force on the expiry of 30 June 2015.

3.

Previous legal provisions do not enter into force again.

4.

The phrase "as well as section 59 (3)" in § 125 (4), second sentence, of the Federal Act on the exercise of a medical profession and the standing representation of the doctors (Medical Law 1998-ÄrzteG 1998), BGBl. I n ° 169, idF BGBl. I n ° 144/2009 was unconstitutional.

5.

The repealed string "1," in § 59 paragraph 3 first sentence and the repealed phrase "and discharge from the medical list" in § 117b paragraph 1 Z 18 of the Federal Law on the Exercise of the Medical profession and the standing representation of the doctors (Physicians Act 1998-Physicians ' G 1998), BGBl. I n ° 169, in each case idF BGBl. I n ° 144/2009, as well as the repealed phrase "and section 59 (3)" in § 125 (4), second sentence, of the Federal Act on the Exercise of the Medical profession and the standing representation of the doctors (Medical Law 1998-ÄrzteG 1998), BGBl. I n ° 169, idF BGBl. I No 80/2012 are no longer applicable in the case pending before the Administrative Court for Z 2013/11/0252. "

Faymann