Leslie Massey
The Austrian legal system is founded on the Federal Constitutional Law of 1920 and is based on the civil law tradition, rooted in Roman law. It can be divided into public law, private law, and criminal law. The country has a hierarchical structure of the legal system, with all legal norms having a certain relationship with one another. The Austrian Constitution establishes the Administrative Court and the Constitutional Court, which cut across the division between the administrative and judicial branches of government. The judiciary is separate from the executive at all levels of jurisdiction, and the police, as an executive agency, are subject to the Republic of Austria. The final court of appeal for civil and criminal proceedings is the Supreme Court. Information on Austrian law is available through the Legal Information System of the Republic of Austria, which provides access to databases such as the Federal Law Gazette, European Community Law, and Case-law documentations.
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What You'll Learn
- The Austrian legal system is founded on the Federal Constitutional Law of 1920
- The constitution is subordinate to EU law, which took precedence following Austria's entry in 1995
- The Austrian legal system can be divided into public, private, and criminal law
- The judiciary is separate from the executive at all levels of jurisdiction
- The Austrian model of separation of powers forbids the administrative and judicial branches from interfering with each other
The Austrian legal system is founded on the Federal Constitutional Law of 1920
The Federal Constitutional Law of 1920 also established the Federal Constitutional Court, which has the power to review the constitutionality of legislation. This court is unique, as it was the second in the world to enact judicial review, predating even the Czechoslovak Court by a few months. The Austrian "model" inspired many countries to adopt similar systems, and amendments in 1925 and 1929 strengthened the court's powers and changed the appointment process for judges to "depoliticize" it.
The Austrian legal system, as a whole, is based on the civil law tradition and rooted in Roman law. It consists of public law, private law, and criminal law. Private law pertains to civil, commercial, and employment legal matters, while criminal law includes criminal procedure and criminal offences. The Austrian Code of Criminal Procedure states that anyone under accusation must be informed of their rights as soon as possible, but no later than before police interrogation.
Austria's legal system is also influenced by its membership in the European Union (EU). Upon joining the EU in 1995, a complete alteration" to the national constitution was required, joining Austrian constitutional law with EU law as the most fundamental source of law (Dual-constitution). Generally, it is understood that EU law takes precedence over domestic Austrian law but remains subordinate to the fundamental principles of the Austrian constitution.
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The constitution is subordinate to EU law, which took precedence following Austria's entry in 1995
The Austrian legal system is based on the civil law tradition and is rooted in Roman law. It consists of public law, private law, and criminal law. The Federal Constitutional Law of 1920, amended in 1929, forms the basis of Austrian law at the federal level.
Austria's entry into the European Union on 1 January 1995 required a "complete alteration" to the national constitution. This accession was considered a fundamental change to the constitution, which resulted in the joining of Austrian constitutional law with EU law as the most fundamental source of law, creating a dual-constitution system.
As a result of this change, the general view is that EU law now takes precedence over domestic Austrian law and the national constitution. This means that in cases of conflict, EU law will be the determining factor in legal matters. However, it is important to note that EU law is still subordinate to the fundamental principles of the Austrian constitution, which are outlined in the "fundamental principles" of the constitution. These fundamental principles hold a higher status and are more difficult to amend, requiring a two-thirds majority in parliament for any changes to be made.
The Austrian Constitution establishes a representative democracy with a two-chamber parliamentary system, recognising the separation of powers principle. The country's highest courts are the Supreme Court, the Constitutional Court, and the Administrative Court, with the latter two playing a key role in the country's judicial review system.
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The Austrian legal system can be divided into public, private, and criminal law
The Austrian legal system is based on the civil law tradition and originates from Roman law. It can be divided into public law, private law, and criminal law. The Austrian Constitution establishes Austria as a representative democracy with a two-chamber parliamentary system, in which the separation of powers principle is recognized.
Public law in Austria is concerned with tribunals and courts. The legislative power is divided between the Nationalrat (National Assembly) and the Bundesrat (Federal Assembly). The National Assembly is elected by general federal elections every four years and holds most of the legislative power. The Federal Assembly, on the other hand, represents the interests of the Federal Provinces and is composed of members nominated by the diets of the nine autonomous Provinces (Länder).
Private law in Austria is divided into general private law, which applies to all persons, and specialized forms of civil law, such as commercial law and employment law. The Allgemeine Buergerliche Gesetzbuch (ABGB) is the comprehensive private law code that regulates most aspects of general private law. It was enacted in 1811 and came into force in 1812. Over time, the ABGB has been amended to incorporate changes, such as adapting to the German Bürgerliche Gesetzbuch in the early 20th century and making amendments to family law in the 1970s.
Austrian criminal law classifies offences as either felonies (Verbrechen) or misdemeanours (Vergehen). Felonies are intentional offences punishable by imprisonment of more than three years or a life sentence. All other offences are classified as misdemeanours. Criminal offences consist of external ("objective") and internal ("subjective") elements, and all elements must be present for an offence to be punishable. The criminal procedural provisions, outlined in the Austrian Criminal Procedure Law (StPO), regulate the process of determining whether a suspect has committed a crime and if sanctions should be imposed.
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The judiciary is separate from the executive at all levels of jurisdiction
Austria is a democratic republic with a hierarchical legal system. The Austrian model of separation of powers forbids the administrative and judicial branches of government from interfering with each other. The judiciary is separate from the executive at all levels of jurisdiction. The police, as an executive agency, are subject to the Republic of Austria.
The Austrian legal system is founded on the Federal Constitutional Law of 1920. It can be divided into public law, private law, and criminal law. The Constitution of 1920 establishes the Administrative Court and the Constitutional Court, two tribunals that cut across the division. The Administrative Court deals with disputes in connection with decisions taken by the administrative authorities. The Constitutional Court reviews legislative acts and judicial demarcation. It adjudicates on complaints regarding the constitutionality of statutes, the legality of ordinances, and the conduct of elected officials and political appointees in office.
The judiciary is assisted by the Ministry of Justice, a cabinet-level division of the national executive. The administration of justice in Austria is the sole responsibility of the federal government. Judges are independent in the exercise of their office. Proceedings in courts of civil and criminal law are verbal and public. There are four levels of judicial authority in Austria: district courts, regional courts, higher regional courts, and the Supreme Court.
The district courts are the first instance to decide civil law cases on certain types of issues, such as family and rent law cases, and with a maximum amount in dispute of €15,000. They also rule on criminal law matters in cases of minor offenses. The regional courts are responsible for first-instance rulings on all legal matters not assigned to district courts. In addition, they rule on appeals against district court decisions as second-instance courts.
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The Austrian model of separation of powers forbids the administrative and judicial branches from interfering with each other
The Austrian legal system is based on the civil law tradition and is rooted in Roman law. It is founded on the Federal Constitutional Law of 1920 and can be divided into public law, private law, and criminal law. The Austrian Constitution is based on the principle of the separation of powers, which divides the tasks of the state into three branches: the legislative, executive, and judicial.
The legislative branch, which is in charge of passing laws and supervising their implementation, is exercised by the National and Federal Councils, and the Provincial Diets. The executive branch, which is responsible for implementing laws, includes the Federal Government, the Federal President, and all federal authorities, such as the police and the armed forces. The judicial branch, which administers justice and ensures compliance with laws, is composed of judges who are independent and cannot be deposed.
The Austrian model of separation of powers ensures that the administrative and judicial branches cannot interfere with each other. This is achieved through checks and balances, where each branch has the right to control and influence the others, preventing any one institution from becoming too powerful. The Constitution contains strict rules on how tasks are assigned to the administration or the judiciary, with legislative bodies able to assume certain administrative tasks while remaining separate from the judiciary.
While the Federal President is part of the executive branch, they also have the right to dissolve the National Council, demonstrating the complex interplay between the different branches. Additionally, the Austrian Constitution allows for legislative bodies to assume certain administrative tasks and have participation rights. However, it is important to note that the "general representation bodies" operating at the municipal level, such as municipal councils, are not considered legislative bodies.
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Frequently asked questions
The Austrian legal system is based on the civil law tradition and is rooted in Roman law. It includes public law, private law, and criminal law.
The sources of Austrian law are the Austrian Constitution, EU law, and the Austrian Legal Information System.
The Austrian Constitution is the Federal Constitutional Law of 1920. It established the Administrative Court and the Constitutional Court, which review the legality of administrative acts and legislative acts, respectively.
The Austrian Legal Information System (or RIS) is a computer-assisted information system on Austrian law. It is coordinated and operated by the Austrian Federal Chancellery and is available to all citizens. The RIS contains databases such as the Federal Law Gazette, European Community Law Database, and Case-law documentations.
The Austrian court system has four levels of judicial authority: district courts, regional courts, higher regional courts, and the Supreme Court. There is also an Administrative Court and a Constitutional Court.
