AUSTRIA Law and Practice Contributed by: Bernd Rajal, Maximilian Klein and Moritz Üblagger, Schönherr Rechtsanwälte GmbH
Supreme Administrative Court The Supreme Administrative Court reviews deci - sions of administrative courts solely for their potential unlawfulness (legal review). Appeals to the Supreme Administrative Court are therefore based on legal grounds, and there is no review of the facts or a new hearing of evidence (see 15.3 Permission to Appeal ). Constitutional Court The Constitutional Court reviews decisions of administrative courts to determine whether they violate the appellant’s constitutionally guaran - teed rights or whether the appellant’s rights have been infringed by the application of an unlawful ordinance or unconstitutional law. Thus, appeals to the Constitutional Court also represent a legal review ( “appeal on legal grounds” ).
Supreme Administrative Court determines the admissibility of such an extraordinary appeal based on the grounds outlined in the appeal. Constitutional Court In contrast to the process for appeals to the Supreme Administrative Court, there is no legal provision requiring administrative courts to determine whether an appeal to the Constitu - tional Court against their decision is admissible. 15.4 Rehearing of Appeal? In proceedings before the Supreme Adminis - trative Court and the Constitutional Court, the standards of review differ. In both cases – pro - ceedings before the Supreme Administrative Court and the Constitutional Court – there is no complete rehearing of the case ( “rehearing” ). Instead, only a legal review of the decisions already issued is conducted.
31
CHAMBERS.COM
Powered by FlippingBook