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Lifting A Phrase In Section 51, Paragraph 7, Of The Administrative Penal Code 1991 By The Constitutional Court

Original Language Title: Aufhebung einer Wortfolge in § 51 Abs. 7 des Verwaltungsstrafgesetzes 1991 durch den Verfassungsgerichtshof

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142. The Federal Chancellor's manifestation of the annulment of a phrase in Section 51 (7) of the Administrative Code Act of 1991 by the Constitutional Court

According to Art. 140 (5), (6) and (7) B-VG, and in accordance with § 64 (2) and § 65 of the Constitutional Court Act 1953, BGBl. No. 85, is made known:

The Constitutional Court, with the recognition of 6 November 2008, G 86 ,87 /08-15, delivered to the Federal Chancellor on 17 November 2008, rightly recognized:

" I.

The phrase "in which only the accused is entitled to the right of appeal," in § 51 (7) of the Administrative Criminal Law 1991, Federal Law Gazette (BGBl). No 52/1991 in the BGBl version. I n ° 158/1998, is repealed as unconstitutional.

II.

The sequence of words drawn up in the examination shall be based on the text of the following. The Court of Justice of the European Union no longer applies to the Administrative Court, which is based on a communication issued after the end of the fifteen-month period under Section 51 (7) of the VStG (except for private prosecutor's cases).

III.

The repeal occurs at the end of the 31. October 2009, in force.

IV.

Previous legal provisions do not enter into force again. "

Faymann