Austrian Constitutional Court to Resolve Schattendorf Border Dispute
The Administrative Court of Burgenland has taken a significant step by filing a complaint with the Austrian Constitutional Court against the municipality of Schattendorf regarding the border closure issue. The court has requested the repeal of the ordinance that established the pedestrian zone, in response to a lawsuit by the law firm NZP Nagy Legal.
Dr. Máté Ruzicska, an employee of the law firm, explained that the legal action was taken after a civil claim for damages against the Somfalva municipality was rejected. The claim was based on the belief that discriminatory border-closing provisions have no place in the 21st century. The Burgenland Administrative Court agreed with the criticisms raised in the petition and has forwarded the case to the Austrian Constitutional Court for review.
The controversy over border traffic between the Hungarian municipality Ágfalva (Agendorf) and the Austrian Schattendorf (Somfalva) has been ongoing. In 2023, the Austrian municipality implemented a border closure policy, allowing only individuals with permits and who paid a fee of 160 euros to cross the border. Hungarian commuters have expressed dissatisfaction with the unequal distribution of permits, favoring Austrian citizens over Hungarians.
Foreign Minister Péter Szijjártó called for the fair and unhindered crossing of borders for commuters in both countries. Lawyer Máté Ruzicska highlighted several flaws in the Schattendorf municipality’s ordinance, including the lack of public consultation and the exclusion of commuter traffic without due process.
The Austrian Constitutional Court is expected to make a decision on the matter by summer, which will be binding for the municipality of Schattendorf. The outcome of this legal battle will have significant implications for border policies and the rights of commuters in the region.
