AUSTRIA Law and Practice Contributed by: Bernd Rajal, Maximilian Klein and Moritz Üblagger, Schönherr Rechtsanwälte GmbH
1. Jurisdiction 1.1 General Rules or Specific Regimes? Various Procedural Frameworks for First- Instance Proceedings In Austria, administrative courts review sover - eign acts carried out by authorities. The Federal Constitutional Act (B-VG) designates the Admin - istrative Courts Procedure Act (VwGVG) as the primary procedural law. However, exceptions exist, such as the Federal Fiscal Code (BAO) for tax matters. If the VwGVG does not provide specific rules, the General Administrative Procedure Act (AVG) and the Administrative Penal Act (VStG) apply as subsidiary laws. Additionally, subject-specific procedural regulations may govern certain cas - es. A comprehensive understanding of adminis - trative court procedures also requires considera - tion of relevant provisions in the B-VG and the Supreme Administrative Court Act (VwGG). Thus, a full grasp of administrative court proce - dure requires knowledge of: • subject-specific procedural provisions; • subsidiary administrative procedural laws (AVG and VStG); • constitutional provisions on administrative jurisdiction; and • relevant provisions of the VwGG. Challenges in Municipalities’ Own Jurisdictions If an administrative authority issues a decision within a municipality’s own jurisdiction – such as a mayor’s ruling on a building law matter – the decision may first be challenged before the municipal council rather than an administrative court. In such cases, the AVG, rather than the VwGVG, governs the proceedings. In proceed -
ings against the decision of the municipal coun - cil, however, the VwGVG is applicable. Additional Procedural Frameworks for Final Appeals In Austria, the Constitutional Court and the Supreme Administrative Court serve as the ulti - mate decision-makers on administrative court rulings. Each court follows its own procedural law: • the Constitutional Court Act (VfGG) governs proceedings before the Constitutional Court; and • the Supreme Administrative Court Act (VwGG) governs proceedings before the Supreme Administrative Court. As of 1 January 2024, Austria has nine provincial administrative courts and two federal adminis - trative courts: the Federal Administrative Court and the Federal Fiscal Court. Under Article 130 paragraph 1 B-VG, adminis - trative courts adjudicate complaints regarding: • notices issued by administrative authorities on the grounds of unlawfulness; • the exercise of direct administrative com - mand and coercive power due to unlawful - ness; and • failure of an administrative authority to issue a required notice. Challenges in Municipalities’ Own Jurisdictions 1.2 Forum for Judicial Review Judicial Review by Courts of Law In certain cases within a municipality’s own juris - diction, a complaint must first be submitted to the municipal council before it can be brought
12
CHAMBERS.COM
Powered by FlippingBook