Leslie Massey
The Austrian judiciary is the system of courts, prosecution, and correction responsible for upholding the rule of law and administering justice in the country. It is independent of the other two branches of government and guarantees fair trials and equality before the law. The judiciary is divided into general courts, which handle civil and criminal trials, and courts of public law, which supervise the other two branches of government. Judges are professionals who undergo a rigorous selection process, including a master's degree in law and four years of postgraduate training. The Austrian system of vesting all power to strike legislation in a single specialist court, known as the centralized system of judicial review, has been adopted by several other European countries.
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What You'll Learn
Court System
The Austrian judiciary is divided into two main court types: general courts (Ordentliche Gerichte) and courts of public law (Gerichte öffentlichen Rechts).
General Courts
General courts handle civil and criminal trials, as well as non-adversarial proceedings, such as inheritance cases or legal guardianship matters. Trials are oral and public. In civil trials, judges evaluate the evidence brought forward by the parties involved but do not actively seek out additional evidence or investigate the matter further.
Courts of Public Law
Courts of public law supervise the other two branches of government. The administrative court system reviews the legality of administrative acts, while the Constitutional Court (Verfassungsgerichtshof or VfGH) reviews legislative acts and judicial demarcation conflicts. The Constitutional Court is the only court in Austria with the power to review legislation. It was established by Hans Kelsen in its modern form with the 1920 Kelsen constitution, and the Austrian method of vesting all power to strike legislation in a single specialist court is known as the centralized system of judicial review. Any person can challenge legislation before the Constitutional Court, arguing that their rights are being violated and that no other procedure can resolve the issue. The Constitutional Court also rules on liability claims against Austrian provinces and municipalities, as well as conflicts between courts, between courts and administrations, and between national and regional governments.
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State Prosecution Service
The Austrian judiciary is the system of courts, prosecution and correction of the Republic of Austria. It is independent of the other two branches of government and is responsible for ensuring fair trials and equality before the law. The judicial arm of Austrian state power includes the State Prosecution Service (Staatsanwaltschaft), prisons (Justizanstalten) and the correctional officers' corps (Justizwache).
The State Prosecution Service is part of the country's judicial system, which also includes 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 other two branches of government. The administrative court system reviews the legality of administrative acts, while the Constitutional Court (Verfassungsgerichtshof) reviews legislative acts and judicial demarcation conflicts.
The State Prosecution Service is responsible for prosecuting crimes and bringing cases before the courts. It is led by the Federal Public Prosecutor's Office, which is the highest prosecutorial authority in Austria. The Service is made up of professional prosecutors who are recruited, trained, and employed by the Republic. They work closely with the police and other law enforcement agencies to investigate crimes and build cases against suspected offenders.
The Austrian judicial system is known for its centralized system of judicial review, sometimes called the Austrian system because it originated in the country. This system vests all power to strike legislation in a single specialist court, the Constitutional Court. Any private person can challenge legislation before this Court, arguing that their rights are being violated and that there is no other way to resolve the issue. This Court is the only one in Austria with the power of judicial review of legislation.
The State Prosecution Service plays a crucial role in upholding the rule of law and ensuring that justice is administered fairly and impartially. It operates within a well-defined legal framework that guarantees the rights of both the accused and the victims or complainants. The Service also works in collaboration with other justice sector institutions, such as the Ministry of Justice, to ensure the smooth functioning of the judicial system as a whole.
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Prisons and Correctional Officers
The Austrian prison system is comprised of 27 prisons and 13 outposts, which have detained 8,800 people over the last few years. The incarceration rate in Austria has risen since 2019 to 105.6 per 100,000 people, but this is still considered low compared to other countries. For example, the United States had the highest prisoner rate at 655 per 100,000 people in 2020.
The Justizwache, or Judicial Guard, is the prison guards corps of Austria. They are a department of the Ministry of Justice and are responsible for safeguarding penitentiaries and inmates, as well as providing security for courts in Austria. The Justizwache is a uniformed security guard corps, organised in a military manner and equipped with executive powers. Their equipment includes truncheons, pepper spray, and service pistols. In certain situations, they may also be authorised to use electric shock guns and assault rifles.
The Austrian prison system includes a juvenile correctional institute, The Prison for Juveniles Gerasdorf, which can accommodate up to 122 prisoners. This facility incorporates a range of professionals, including psychologists, psychiatrists, social workers, and therapists, into its rehabilitation program.
The ordinary courts in Austria are organised into four stages: 115 district courts, 20 regional courts, 4 higher regional courts, and the Supreme Court. The regional and higher regional courts play a crucial role in the pre-trial process, even when the main court proceedings take place in a district court. The higher regional courts decide on appeals on facts and law, while the Supreme Court hears appeals against verdicts of appellate courts.
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Ministry of Justice
The Austrian judiciary is the system of courts, prosecution, and correction of the Republic of Austria, as well as the branch of government responsible for upholding the rule of law and administering justice. The judiciary is independent of the other two branches of government and guarantees fair trials and equality before the law. The judicial arm of Austrian state power includes the state prosecution service, prisons, and the correctional officers' corps.
The Ministry of Justice (German: Bundesminister für Justiz) is the government ministry of Austria responsible for the administration of justice. The ministry is headquartered in the Palais Trautson and the current Minister of Justice is Alma Zadić. The ministry exercises administrative supervision and is charged with the compensation of the judiciary and the prosecutors, manages their office buildings and facilities, and administers the prison system. The Ministry of Justice is a cabinet-level division of the national executive.
First established in 1848, the ministry's exact name and portfolio have undergone changes numerous times throughout the years. From 2018 to 2020, the ministry was officially called the Ministry of Constitutional Affairs, Reforms, Deregulation, and Justice. In addition to its traditional responsibilities, it is tasked with supporting the Kurz cabinet's program of simplifying the country's unusually large body of constitutional law and reducing the amount of law on the books in general.
One of the Ministry of Justice's departments, the Constitutional Office, is the body tasked with representing the executive branch before the Constitutional Court and the Republic of Austria before the European Court of Justice and the European Court of Human Rights. The Constitutional Office also assists other ministries in drafting legislation and in evaluating the constitutionality of draft statutes prepared elsewhere. It is also in charge of the Austrian data protection agency.
Within the Federal Ministry of Justice, the Department of Human Resource Development is responsible for the training of judges and public prosecutors. The annual training programme is available on the homepage of the judiciary. Additionally, Austrian judges and public prosecutors benefit from external training programmes offered by the partners of the Federal Ministry of Justice, such as the European Judicial Training Network.
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Appointment of Judges
The Austrian model of separation of powers forbids the administrative and judicial branches of government from interfering with each other. The Constitution of 1920 established the Administrative Court and the Constitutional Court, two tribunals that cut across the division. The Austrian Supreme Court of Justice is one of three judicial bodies charged with final appellate jurisdiction in the Republic of Austria. The other two are the Constitutional Court, which deals with constitutional law, and the Supreme Administrative Court, which deals with public law. The Supreme Court is the highest instance in civil and criminal matters.
The responsibility for appointing justices is vested in the president of Austria, but the president can and usually does delegate this power to the minister of justice. The minister of justice is assisted by a special personnel committee that provides a shortlist of three candidates in the event of a vacancy. To be eligible for appointment to a bench, a prospective judge needs to have a master's degree or equivalent in Austrian law, undergo four years of post-graduate training, and pass an exam. The training includes theoretical instruction and internship-type practical work in an actual courthouse. Appointments to benches are made by the president, although the president can and does delegate most of this responsibility to the minister of justice. Nominations come from within the judiciary; panels of judges suggest candidates for benches with vacancies. Once appointed, judges cannot be removed or reassigned without their consent.
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Frequently asked questions
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 and legal guardianship matters.
The courts of public law supervise the other two branches of government. The administrative court system reviews the legality of administrative acts, while the Constitutional Court reviews legislative acts and judicial demarcation conflicts.
Austria was the first country to vest all power to strike legislation in a single specialist court, known as the centralized system of judicial review. This approach, created by Hans Kelsen in the 1920 Kelsen constitution, has since been adopted by several other European countries.
Any private person or entity can challenge legislation before the Constitutional Court. They must argue that their rights are being violated by the legislation and that there is no other procedure to resolve the issue.
