Verfassungsgerichtshof und Grundrechtecharta

This paper addresses the implications of the CFREU decision of the Austrian Constitutional Court. In a first step, it reconstructs the jurisprudence of the Constitutional Court concerning the normative function of the CFREU within constitutional adjudication. Building on this analysis, it identifies four unresolved issues in the constitutional court’s case law on the CFREU that have, to date, received only limited attention in both jurisprudence and scholarly discourse. By examining the right to asylum under Article 18 CFREU and the Charter’s social guarantees, the decision is reconsidered from a novel analytical perspective.