 | This article needs additional citations for verification .(July 2022) |
| Commission v Austria | |
|---|---|
| Court | European Court of Justice |
| Citation(s) | (2005) C-147/03 |
| Keywords | |
| Free movement of citizens | |
Commission v Austria (2005) C-147/03 is an EU law case, concerning the free movement of citizens in the European Union.
Austria gave access to higher education for holders of Austrian school certificates, but had higher requirements for non-Austrians. Austria said it sought to preserve the ‘homogeneity of the Austrian higher or university education system.’ It could otherwise expect many German students to attempt to enter Austria, causing ‘structural, staffing and financial problems’ (relying on Kohll (1998) C-158/96).
The Court of Justice held that there was little evidence of an actual problem, and a justification based on preserving Austrian homogeneity was not valid. If there was excessive demand for courses, non-discriminatory measures such as an entry exam or minimum grade would suffice. According to the Court, the problems ‘have been and are suffered by other Member States’. [1]
The Council of Europe is an international organisation with the goal of upholding human rights, democracy and the rule of law in Europe. Founded in 1949, it brings together 46 member states with a population of approximately 675 million as of 2023; it operates with an annual budget of approximately 500 million euros.
Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may include the freedom of conscience, freedom of press, freedom of religion, freedom of expression, freedom of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right to equal treatment under the law and due process, the right to a fair trial, and the right to life. Other civil liberties include the right to own property, the right to defend oneself, and the right to bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/positive rights and negative liberty/negative rights.
The University of Vienna is a public research university located in Vienna, Austria. Founded by Duke Rudolph IV in 1365, it is the oldest university in the modern German-speaking world and among the largest institutions of higher learning in Europe. The university is associated with 16 Nobel Prize winners and has been the home to many scholars of historical and academic importance.
The European Court of Justice (ECJ), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU).
The Austrian Empire, officially known as the Empire of Austria, was a multinational European great power from 1804 to 1867, created by proclamation out of the realms of the Habsburgs. During its existence, it was the third most populous monarchy in Europe after the Russian Empire and the United Kingdom. Along with Prussia, it was one of the two major powers of the German Confederation. Geographically, it was the third-largest empire in Europe after the Russian Empire and the First French Empire.
Habilitation is the highest university degree, or the procedure by which it is achieved, in many European and non-English-speaking countries. The candidate fulfills a university's set criteria of excellence in research, teaching and further education, usually including a dissertation. The degree, sometimes abbreviated Dr. habil. or PD or D.Sc., is often a qualification for full professorship in those countries. The degree conferral is usually accompanied by a public oral defence event with one or more opponents. Habilitation is usually awarded 5–15 years after a PhD degree or its equivalent. Although in some countries Doctor of Sciences degree correlates with a position of Docent, it is closer in practice to the position of a Full Professor in the USA.
The Austro-Hungarian Compromise of 1867 established the dual monarchy of Austria-Hungary, which was a military and diplomatic alliance of two sovereign states. The Compromise only partially re-established the former pre-1848 sovereignty and status of the Kingdom of Hungary, being separate from, and no longer subject to, the Austrian Empire. The compromise put an end to the 18-year-long military dictatorship and absolutist rule over Hungary which Emperor Franz Joseph had instituted after the Hungarian Revolution of 1848. The territorial integrity of the Kingdom of Hungary was restored. The agreement also restored the old historic constitution of the Kingdom of Hungary.
Subsidiarity is a principle of social organization that holds that social and political issues should be dealt with at the most immediate or local level that is consistent with their resolution. The Oxford English Dictionary defines subsidiarity as "the principle that a central authority should have a subsidiary function, performing only those tasks which cannot be performed at a more local level". The concept is applicable in the fields of government, political science, neuropsychology, cybernetics, management and in military command. The OED adds that the term "subsidiarity" in English follows the early German usage of "Subsidiarität". More distantly, it is derived from the Latin verb subsidio, and the related noun subsidium.
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Lesbian, gay, bisexual, and transgender (LGBT) rights in Austria have advanced significantly in the 21st century, and are now considered among the most developed in the world. Both male and female same-sex sexual activity are legal in Austria. Registered partnerships were introduced in 2010, giving same-sex couples some of the rights of marriage. Stepchild adoption was legalised in 2013, while full joint adoption was legalised by the Constitutional Court of Austria in January 2015. On 5 December 2017, the Austrian Constitutional Court decided to legalise same-sex marriage, and the ruling went into effect on 1 January 2019.
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The European single market, also known as the European internal market or the European common market, is the single market comprising mainly the 27 member states of the European Union (EU). With certain exceptions, it also comprises Iceland, Liechtenstein, and Norway and Switzerland. The single market seeks to guarantee the free movement of goods, capital, services, and people, known collectively as the "four freedoms". This is achieved through common rules and standards that all participating states are legally committed to follow.
A political union is a type of political entity which is composed of, or created from, smaller polities, or the process which achieves this. These smaller polities are usually called federated states and federal territories in a federal government; and prefectures, regions, or provinces in the case of a centralised government. This form of government may be created through voluntary and mutual cession and is described as unionism by its constituent members and proponents. In other cases, it may arise from political unification, characterised by coercion and conquest. The unification of separate states which, in the past, had together constituted a single entity, is known as reunification. Unlike a personal union or real union, the individual constituent entities may have devolution of powers but are subordinate to a central government or coordinated in some sort of organization. In a federalised system, the constituent entities usually have internal autonomy, for example in the setup of police departments, and share power with the federal government, for whom external sovereignty, military forces, and foreign affairs are usually reserved. The union is recognised internationally as a single political entity. A political union may also be called a legislative union or state union.
Austrian nationality law details the conditions by which an individual is a national of Austria. The primary law governing these requirements is the Nationality Law, which came into force on 31 July 1985.
Vassilios Skouris is a Greek judge who was President of the European Court of Justice from 2003 to 2015. A European legal scholar, he served briefly in the government of Greece as Minister of the Interior in 1989 and again in 1996. He is professor at the Law School of the Aristotle University and at Bucerius Law School in Hamburg, Germany.
Davenport v. Washington Education Association, 551 U.S. 177 (2007), is a ruling by the Supreme Court of the United States in which the Court held that it does not violate the First Amendment for a state to require its public-sector unions to receive affirmative authorization from a non-member before spending that nonmember's agency fees for election-related purposes.
The Constitution provides for freedom of religion.
Human rights in Austria are generally respected by the government; however, there were problems in some areas. There were some reports of police abuse and use of unjustified force against prisoners. Antisemitic incidents, including physical attacks, name-calling, property damage, and threatening letters, telephone calls, and Internet postings occurred during the year. There was some governmental and societal discrimination against fathers, Muslims and members of unrecognized religious groups, particularly those considered "sects". There were incidents of neo-Nazi activity, rightwing extremism, and xenophobia. Trafficking in women and children for prostitution and labor also remained a problem.
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