Austria's Rule Of Law: A Comprehensive Overview

Austria is a democratic federal republic with a legal system based on Roman law. The country's laws are passed by national and provincial parliaments, and the Federal Government, administration, and courts can only act in accordance with these laws. Austria's legal system is hierarchical, with laws and regulations in federal provinces complying with higher tiers such as the Austrian Federal Constitution and individual constitutional laws. The country's Constitution establishes Austria as a representative democracy with a two-chamber parliamentary system, in which the separation of powers principle is recognised. The Austrian legal system is governed by six guiding principles, which together make up the fundamental constitutional order: the democratic principle, the principle of the separation of powers, the principle of the rule of law, the republican principle, the federal principle, and the liberal principle.

Austria's legal system is based on Roman law and has a hierarchical structure

The Austrian legal system is based on Roman law and is structured hierarchically. This means that laws and regulations in federal provinces must comply with higher tiers, such as the Austrian Federal Constitution and individual constitutional laws. The General Civil Code (Allgemeine Bürgerliche Gesetzbuch, or ABGB) is one of the world's oldest codes of civil law, enacted in 1811.

The Austrian legal system can be divided into public law and private law. Public law governs the relationship between the government and society, as well as legal relations between individuals that are of direct concern to society. It includes constitutional law, administrative law, tax law, and international law. Private law, on the other hand, regulates the legal relations between citizens and between citizens and the state. It covers important aspects of everyday life such as family, marriage, inheritance, property, and damage compensation.

Within the Austrian legal system, criminal law is a branch of public law that defines criminal acts and sets out the respective penalties. The most important criminal law regulations are contained in the Austrian Criminal Code (StGB).

Austria's legal system is also influenced by its membership in the European Union since 1995, which means that the EU Acts of Accession and the EU legal framework must be respected. Additionally, Austria is a part of several other international legal conventions, including the New York Arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Award (NYC 1958) and the United Nations Convention on Contracts for the International Sale of Goods (CISG 1980).

The country's legal system is divided into public law and private law

The Austrian legal system is based on the civil law tradition and has its origins in Roman law. Austrian law can be divided into public law and private law.

Public Law

Public law regulates legal relationships in which sovereign power is exercised in some form (e.g. tax law, trade law, and construction law) and the activities of legal entities having sovereign power, such as the federal government or the states. The distinction between public and private law is important for the competence of authorities. Administrative authorities are primarily responsible for enforcing public law. Public law includes constitutional law, administrative law, and public international law.

Private Law

Private law is divided into general private law, which is applicable to all persons, and specialised forms of civil law, which apply only to certain categories. The major part of what is considered general private law is regulated in a comprehensive private law code called the Allgemeine Buergerliche Gesetzbuch (ABGB). Enacted in 1811, it came into force in 1812 and was adapted to the German Bürgerliche Gesetzbuch of 1896 through significant amendments in 1914, 1915, and 1916. Further important amendments, especially concerning family law, were made in the 1970s. Other parts of general private law are regulated in separate laws like the Ehegesetz (Marriage Act), Mietrechtsgesetz (Act on Tenancy Law), and the Konsumentenschutzgesetz (Consumer Protection Law).

Differences Between Public and Private Law

The question of superiority or subordination is of particular importance when distinguishing between public and private law. If, in the exercise of its sovereignty, a holder of sovereignty acts with respect to a private individual, it is usually a matter of public law. If there is no superiority in terms of sovereignty, that is, the acting parties are on an equal footing with one another, then it is generally a matter of private law.

The judiciary is one of three pillars of the rule of law, alongside the legislative and executive branches

The Austrian judiciary is one of three pillars of the rule of law, alongside the legislative and executive branches. The judiciary is independent of the other two branches and is responsible for upholding the rule of law and administering justice. It has broad and effective powers of judicial review.

The Austrian judiciary is divided into general courts and courts of public law. The general courts handle civil and criminal trials, as well as non-adversary proceedings such as inheritance cases or legal guardianship matters. The courts of public law supervise the legislative and executive branches: the administrative court system reviews the legality of administrative acts, while the Constitutional Court adjudicates on complaints regarding the constitutionality of statutes, the legality of ordinances, and the conduct of elected officials and political appointees.

The legislative branch in Austria is made up of the National Council and the Federal Council, which together form the Federal Assembly. The National Council is directly elected by the people and plays a much larger role in Austrian politics than the Federal Council. Legislative initiatives can be introduced by the federal government, members of parliament, the Federal Council, or citizens via referendums. However, most legislative initiatives originate from the federal government. For a bill to become federal law, it must be resolved upon by the National Council and then sent to the Federal Council for corroboration.

The executive branch in Austria comprises the Federal Government, the Federal President, and all federal authorities, including the police and the armed forces. The Federal President is the formal head of state and is directly elected by the populace once every six years for a maximum of two consecutive terms. The Federal President appoints the Federal Chancellor and the other members of the Federal Government, and also has the power to dissolve the National Council. The Federal Government is responsible for preparing draft legislation and conducting the political business of the Republic.

Austria's Constitution establishes the country as a representative democracy with a two-chamber parliamentary system

The Austrian Parliament consists of two chambers: the National Assembly (Nationalrat) and the Federal Council (Bundesrat). The National Assembly is the main legislative body, with most legislative power. It is elected by general federal elections every four years. The members of the second chamber, the Federal Assembly, are nominated by the diets of the nine autonomous provinces (Länder). The Federal Assembly represents the interests of the Federal Provinces.

For a bill to become federal law, it must be resolved upon by the National Assembly. The bill is then sent to the Federal Assembly for corroboration. The bill will pass if the Federal Assembly approves it or does not react for eight weeks. However, for certain types of bills, such as those curtailing the constitutional rights of Austria's member states or concerning changes in the Federal Assembly's rank, the Federal Assembly's approval is mandatory.

The Austrian Constitution dictates that each of the nine provinces has its own provincial constitutional law, but this is subordinated to the federal constitutional law. The Constitution also guarantees civil rights for citizens, which were first outlined in 1867. These rights were later adopted and incorporated into the present Constitution, along with the rights provided by the European Convention on the Protection of Human Rights and Fundamental Freedoms of November 4, 1950, which Austria ratified in 1958.

The Austrian legal system is based on Roman law and has a hierarchical structure. This means that laws and regulations in the federal provinces must comply with higher tiers, such as the Austrian Federal Constitution and individual constitutional laws. The Austrian legal system can be divided into public law and private law. Public law covers the activities of legal entities with sovereign power, or the relations between individuals and the Austrian state. It includes categories such as constitutional law, administrative law, trade law, and tax law. Private law affects individuals, families, businesses, and small groups. It is spread across many areas of practice and is included in the Austrian General Civil Code (ABGB) of 1811.

The country's legal system is governed by six guiding principles, which make up the fundamental constitutional order

The Austrian legal system is governed by six guiding principles, which make up the fundamental constitutional order. These principles are outlined in the "Fundamental Principles" of the Austrian national constitution.

The first of these principles is the democratic principle, which dictates that all citizens are equal under the law and have equal access to legislative processes. The second is the principle of the separation of powers, which ensures that the legislative, executive, and judiciary branches of government are independent of each other and do not conflict. The third principle is the rule of law itself, which holds that all individuals, businesses, entities, and even the state are accountable under the law, with laws applied evenly to protect fundamental human rights. The fourth principle is the republican principle, which establishes that supreme power is held by the people and their elected representatives. The fifth principle is the federal principle, which outlines the sharing of tasks between Austria's nine provinces. The sixth and final principle is the liberal principle, which focuses on freedom, equality before the law, and consent of the governed.

These six principles form the basis of Austria's constitutional legal system, and any "complete alteration" to the constitution must be agreed upon by the Austrian people in a referendum. This occurs when an amendment disregards one of the principles or changes the relationship between them.

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