Constitutional Court rejects complaint. Churches hope for the second way.
Schwarzach It set a legal defeat for Hohenems, Lustenau, the Kummenberg communities, Diepoldsau and Oberriet. You have submitted an individual complaint to the Constitutional Court (VfGH) against the toll exemption between Hörbranz and Hohenems. She has now been rejected. It is not permissible to turn to the highest judges in the context of an individual complaint on this point. The communities are now hoping for a second chance.
The complaint was about the IG-Luft area in Lustenau. The toll exemption ensures increasing traffic loads and thus poorer air. According to the European Court of Human Rights, excessive noise and other immissions would violate human rights. The VfGH does not accept this argument. “The application is inadmissible,” write the judges. This complaint can only be submitted in certain cases.
The Hohenems mayor Dieter Egger confesses in the UN discussion: “We have already expected it in principle.” In a joint statement with the other mayors, however, it says: “We very much regret that the VfGH did not take up this first complaint, but we did no understanding that health protection can be put aside so easily because of and with formalities. ”Egger continues:“ That is why we are going two ways. ”The second way should now be successful.
The mayors are combative: “But we will not accept this without a fight for our citizens either.” They are convinced: “The cars continue to roll over our congested municipal roads and border crossings, threatening the health of the residents and destroying our streets as well the environment. ”In addition, families are forced to spend more if they work in the Oberland. Therefore action will be taken against the unequal treatment. And in this way:
As the UN reported, lawyer Karl Schelling violated the toll, reported himself and was punished. He went to the regional administrative court with the sentence. There he expressly waived a hearing. For him it is about something else: “After its decision, the VfGH can and will be called upon. Formally, that is not an easy way either. ”The punishment contravenes the principle of equality.
“We are going two ways. The second is about the principle of equality. “