Kwestia tożsamości państwa, zerwania ciągłości państwowej, rewizji konstytucji na przykładzie Austrii
Identity of the state, breaking the continuity of the state and the revision of the constitution on the example of Austria

Summary/Abstract: The Author discusses the process of the creation of the Republic of Austria and its political transformations. Due to the historical storms a legal issue that was often considered by the doctrine was the identity of the Empire of Austria and the First Republic, as well as the identity between the First and the Second Republic, founded in 1945. The political practice had also faced the issue of the continuation of the legal system, both post-imperial and formed after the coup d’etat of 1934 as well as the inclusion of Austria into the Third Reich.The reference is made to the design of the break of the political system (,,Rechtsbruch”)and the necessary introduction of the general derogation of legal acts incompatible with a democratic order. A significant change in the political system was brought by the accession of Austria to the EU, which was related to the modification of the basic principles of the system of government. Therefore, the revision of the constitution was required. The issue of the loss of state identity, although several times raised in the proceedings before the Austrian Constitutional Tribunal, has not been confirmed by the Tribunal.

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