Diritto del lavoro e diritti fondamentali: Austria
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Abstract
As regards the fundamental rights, the Austrian Constitution has maintained the 1867 Staatsgrudgesetz on the classical citizens rights. The international treaties and conventions on these issues have been ratified with a reserve of execution and therefore they do not have an immediate application. There exists a debate both at a political and juridical level on the opportunity to insert a catalogue of social rights on the Austrian legislation. It seems, however, that the constitutional principle of equality would be sufficient to reach the same results as a similar catalogue. As far as the evolution of labour law is concerned, the classical civil rights have had a concrete relevance towards the limitation of its expansion. This does not mean that in Austria social rights do not exist. This only means that there is no necessity of a formal guarantee in order to reach an effective social dimension.