Ulrich Runggaldier

Diritto del lavoro e diritti fondamentali: Austria

  • Abstract

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As regards the fundamental rights, the Austrian Constitution has maintained the 1867 Staatsgrudgesetz on the classical citizens rights. The international treaties and conventions on these issues have been ratified with a reserve of execution and therefore they do not have an immediate application. There exists a debate both at a political and juridical level on the opportunity to insert a catalogue of social rights on the Austrian legislation. It seems, however, that the constitutional principle of equality would be sufficient to reach the same results as a similar catalogue. As far as the evolution of labour law is concerned, the classical civil rights have had a concrete relevance towards the limitation of its expansion. This does not mean that in Austria social rights do not exist. This only means that there is no necessity of a formal guarantee in order to reach an effective social dimension.

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