As the environmental organization VIRUS emphasizes, as expected, extraordinary legal remedies have been submitted to the highest courts by the applicants regarding the S8-Marchfeld expressway as the deadline expires today. EIA expert Wolfgang Rehm: “We are calm about the further legal dispute that is now coming, after all the Federal Administrative Court made its decision based on overriding European nature conservation law. The people of Marchfeld, who are held hostage politically, will not be relieved by an S8 or by the years-long legal dispute based on principle that is now looming, but only if the state of Lower Austria finally acts.
For EU law, jurisdictional disputes relating to the Austrian specificity of federalism are of secondary importance and the Federal Administrative Court is in any case responsible. The fact that certain questions of nature conservation law must be clarified in advance in the environmental impact assessment arises from the case law of the Administrative Court, which repaired an omission on the part of the legislature in 2004.
The attack by FP state parliament member Dorner on the BVwG judges should be rejected in the strongest possible terms. “Here, a non-expert who arrived in Marchfeld is making himself important and, with unprecedented disrespect for the constitutional state, literally insults a very conservative panel of judges in his press release as ‘climate communists’ and that only because their decision is based on the legal basis and not according to his will failed,” criticizes Rehm and calls for this “provincial politician” to be disciplined at all levels. “Party leader Kickl also needs to take action here for his 2021 propagandized slap on the pants, now would be time to ensure order within the party and restore respect for the rule of law and the separation of powers, such insults and attacks have no place in our beautiful Austria,” said Finally, Rehm.
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