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Flaggen am Auto...Update

Today there were orf.at read an interesting article regarding the flag issue.
Interior Minister Platter announced no flag carrier would be penalized.

So he issued a de facto illegal transfer by adoption of all relevant sub-agencies.
basically because that instruction is in conflict with § 26a of the regulation implementing the KFG or the relevant reference point in the CFG. This transfer lacks virtually any legal basis and would be so as unconstitutional. However, de facto, no one or no one can doubt that instruction, since instructions from authorities under must be followed or may not make any official complaint within individual skills claimed.

ie summarum summa that both the regulation and the instructions are gesetz-/verf-widrig. In combination, however, this is a punishment of drivers out. The double "wrong" thus results in the same result as if nothing had settled, meaning there would be no penalty provision. Unfortunately, this only applies during the European Championship, then probably the direction of the Home Secretary again lapse ...
would be interesting to a subsequent complaint to the punishment with UVS or takes in connection episodes ...

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Flaggen am Auto...

Recently Time you see more cars on the road, or make a number of Austrian flags on display. According to police, lawyers and police this was punishable under the Motor Vehicles Act of the relevant implementing in conjunction with the KFG.
Similarly, there are contrary opinions of private lawyers, for example of ÖAMTC. Accordingly, an attachment is punishable if: Either the
ö state flag with Coat of Arms (above-left) or a malicious assembly [§ 54 KFG] is present.

A simple red-white-red flag, however, is unproblematic in attachment (so called "terminal flags, banners, or magnet) is not prohibited. There is a general prohibition in § 26a of the implementing the CFG, but (!) a stricter limitation of the statutory scheme (§ 54 KFG) by a regulation goes against the Gesetzmäßigkeitsgebot under Article 18 Federal Constitution and is therefore unconstitutional.
There is a fundamental in the KFG authorization scheme to take a closer, but as it is not a solid justification for a general ban pronounce.


Due to the procedure provided for in Austria calculation error, the authority (police) but still use the avail-competitive regulation and thus punish. However
should in any case, a complaint to the decision-Independent Administrative Tribunal (EIS) for the calculation of this error does not apply, go through a waiver of the penalty including cost replacement.

is questionable, but whether the authority will interpret the term "unsafe". A punishment to that effect would be per se unconstitutional-not avail.

Regardless of the above-described circumstances, it is already a Punch and Judy at all such arrangements in the context of Euro 2008 to try to apply at all to punish or leave. That takes away the enthusiasm of the already weak Austrians another fundamental component. 2 years ago in Germany and 98 in France was unthinkable for such arrangements in the sense of national pride and patriotism.