The Austrian Constitution is based on the principles of a republican, democratic and federal state, the rule of law and the principle of the separation of legislative and executive power and the separation of powers and administration. Strengthening the rule of law in international relations is a priority of Austrian UN policy. Austria`s position and leadership on this issue are widely recognized, also because of the initiative it launched in 2009-2010 as part of its accession to the Security Council on the role of the Security Council in strengthening a rules-based international system. The Austrian Constitution declares that the generally accepted rules of international law are part of Austrian federal law and provides that international treaties (with or without specific legislation) must be incorporated into the Austrian legal system. The order of precedence of the provisions of the Treaty within the national legal order depends on their content. Although only some of the relevant measures can be addressed, structural issues run through many government measures with regard to the coronavirus. In its handling of the COVID crisis, the government has unfairly neglected the rule of law as provided for in the Austrian Constitution. Although the measures taken during the first month of the crisis (mid-March to mid-April) do not seem unnecessary or inadequate, the way in which they have been implemented is very problematic from a constitutional point of view. While the government has always had the opportunity to include certain guarantees regarding the rule of law, it has decided not to do so. The adopted law lacks adequate determination (with regard to the necessary guarantees), the powers granted to the government or administrative authorities are too extensive, the regulations are not in conformity with the legal framework, the internal ordinances issued by the Ministry appear to have external legal effects, and the government has publicly established rules in press conferences that have never been promulgated by law. In addition to these formal rule of law issues, various substantive regulations have led to content restrictions.

An act may be repealed either expressly (formal derogation) or by the adoption of new legislation the content of which is incompatible with the previous provision (substantive derogation), without formally ordering that the first provision cease to be in force (lex posterior derogat legi priori). The specific rules take precedence over the general rules (lex specialis derogat legi generali). The period of validity of a law may also be indicated from the outset. As coordinator of the Group of Friends of the Rule of Law, Austria has made a significant contribution to anchoring the rule of law in the post-2015 agenda, including by making group statements in the Open Working Group on sustainable development goals, coordinating a joint letter signed by nearly 60 States from all regional groups, and exchanging information and coordinating at the expert level. In recent years, the rule of law of the United Nations architecture has changed considerably to make the United Nations more effective and coherent. The United Nations Rule of Law Coordination and Resource Group, which plays a general leadership role in rule of law issues, comprises 20 institutions with significant normative components in its mandates, including ODA, the Department of Peacekeeping Operations, OHCHR, OLA, UNDP, UNODC and UN Women. In addition, the United Nations Global Rule of Law Focal Point is a platform coordinated by the Office for Rule of Law and Security Institutions of the Department of Peace Operations and the United Nations Development Programme (UNDP), facilitating the pursuit of the common objectives of UNODC, UNHCR, OHCHR, EOSG, UN Women and other UN agencies in the area of the rule of law. especially in field operations. The Global Focal Point for Police, Judicial and Corrections Zones in the Rule of Law in Post-Conflict and Other Crisis Situations was established to ensure better coordination and coherence among United Nations agencies and with donors and beneficiaries. The fundamental principle of the rule of law enshrined in the Constitution requires that the application of the law in the public administration and in the courts be carried out in accordance with the law.

The Constitution divides legislative powers between the federal government and the provinces. Old and outdated: Some of the early measures (but also later) are based – as mentioned – on the Epidemic Diseases Act, which was enacted in 1950, but dates back mainly to its monarchical predecessor, the Epidemic Diseases Act of 1913.