Key Benefits:
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 I n ° 80/2012 are repealed as unconstitutional. |
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| 2. |
The repeal shall enter into force on the expiry of 30 June 2015. |
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| 3. |
Previous legal provisions do not enter into force again. |
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| 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. |
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| 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The repealed string "1," in § 59 paragraph 3 first sentence and the repealed phrase "and discharge from the medical list" in § 117b paragraph 1 Z 18 of the Federal Law on the Exercise of the Medical profession and the standing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 I n ° 144/2009, as well as the repealed phrase "and section 59 (3)" in § 125 (4), second sentence, of the Federal Act on the Exercise of the Medical profession and the standing representation of the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. " |
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Faymann
