The Austrian Constitutional Court (VfGH) is deliberating on whether airport security screenings, currently managed by private contractors or employees of airport operators under the 2011 Aviation Security Act (LSG 2011), must instead be conducted by state authorities. The court has long maintained that core functions of state administration, particularly internal security, cannot be outsourced.
In a statement released Friday, the VfGH highlighted that safeguarding internal security is an intrinsic responsibility of the state. The court questioned whether delegating access controls under the LSG 2011 to private entities violates constitutional principles of governance. Access controls, it argued, may belong to the jurisdiction of public safety authorities rather than private companies.
The case under review stems from a 2023 complaint by a passenger at Vienna International Airport in Schwechat. The individual challenged the legality of being frisked by an employee of Vienna International Airport Security GmbH, a private contractor. After the complaint was dismissed by the Lower Austria Administrative Court, the matter escalated to the VfGH, prompting a broader examination of the law’s constitutionality.
The VfGH has requested an official response from the federal government, expected in the coming weeks. This input will shape the court’s ruling, which could redefine the division of responsibilities between state and private actors in aviation security.
The ruling has significant implications for airport operations nationwide. If the court deems the current arrangement unconstitutional, police may be required to assume control of all security checks at Austrian airports, fundamentally altering their administration.
As the decision looms, legal experts point to the potential logistical and financial challenges of shifting these responsibilities entirely to state authorities. The court’s judgment will address whether public safety can remain outsourced or must be restored as an exclusive state function.
A decision is anticipated early next year, potentially reshaping aviation security policy across Austria.
