Kärnten's Event Ban on Good Friday to Remain in Place

The Constitutional Court of Austria (VfGH) has ruled that this year's Good Friday marks the last occasion for which Kärnten's event ban will be enforced. Recently overturned, the ruling has sparked a response from the local ÖVP party, which is advocating for the continuance of the prohibition. The party is currently developing a 'constitutionally compliant successor regulation' that will honor 'Christian fundamental values.'

In December 2024, the VfGH's decision to void the contentious event ban in Kärnten led to considerable public discourse. This legal scrutiny was initiated following a Good Friday concert held in Villach in 2023, which had resulted in a EUR400 fine imposed by the city magistrate. After the concert organizer appealed, the Kärnten Administrative Court dismissed the complaint, prompting the VfGH to examine the legal provision for its constitutionality, resulting in the ban's annulment.

In response to the ruling, Kärnten's ÖVP expressed strong opposition, with Deputy Governor Martin Gruber labeling the outcome an 'un-Christian gift.' He emphasized the need to explore all legal avenues to maintain the event ban. Following this, the ÖVP confirmed that they are committed to crafting a constitutionally compliant successor regulation before the current ban is lifted at the end of 2025. They intend to consult with religious representatives to establish a potential future event ban on Good Friday.

Despite the ÖVP's stance, the coalition partner SPÖ has responded cautiously, stating that while the ÖVP has promised to develop a corresponding proposal, no such plan has yet been presented to them. The SPÖ insists that any proposed regulation must adhere to constitutional guidelines.

Prior to the VfGH's ruling, concerns were raised by the Kärnten/Koroska Interest Group for Cultural Initiatives (IG KiKK), which warned against the possibility of a new event ban being implemented 'through the back door.' They highlighted the significant connections between politics and the church in the region and voiced fears that any legislative revision could undermine the court's decision. The IG KiKK called on local politicians to respect the ruling by ensuring genuine equality of freedoms within Kärnten's event legislation.

The VfGH had argued that the Kärnten provincial government justified the ban as a means to protect the religious sentiments of believers and maintain religious peace. However, the court found that the complete prohibition of events impinged on other fundamental rights, such as artistic freedom and the right to earn a livelihood. The court emphasized there was no precedence for prioritizing one constitutionally protected area over another, concluding that the Good Friday event ban violates the equality principle.

As discussions continue on how the ÖVP's proposed 'constitutionally compliant solution' may take shape, the future of Kärnten's Good Friday event ban remains uncertain, with the implications of the VfGH's judgment still resonating across the region.