Die Neutralität, die NATO und der Demos
Reflexionen über den Rang der Neutralität und eines allfälligen NATO-Beitritts in der Normenhierarchie der Bundesverfassung
DOI:
https://doi.org/10.15203/4164.vol53.2024Abstract
This article examines the question of the various instruments of direct democracy the people have to participate in the question on maintenance and abolition of neutrality. According to the prevailing opinion in constitutional law, neutrality is not a so-called basic principle of the Federal Constitution, the abolition of which would require a referendum. Nevertheless, there are other options to involve the people in a decision on the future of neutrality. The question is also examined to what extent neutrality is not already undermined by Austria's participation in the Common Foreign and Security Policy of the EU, which can be based at least in part on the approval of the federal people for EU accession. Finally, the paper discusses how a possible accession to NATO should be judged in terms of constitutional law and what rights of participation the federal people would have in the process.
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Copyright (c) 2024 Peter Bußjäger
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