District administrative authority

District administrative authority in Austria the abstract name for the authority , in a district for the procurement of it in federal or state laws, the general state administration tasks entrusted in the first instance is factual and territorial jurisdiction.

Organizational matters

The district administrative authority is usually the district authority , which organizationally belongs to the regional authority of the federal state in which the district authority has its official seat. In a city with its own statute, the city as a regional body according to Art. 116 B-VG has to take care of the tasks of the municipal administration as well as the district administration. Unlike in Germany , for example, the districts are not regional authorities, but merely administrative districts.

The district administrative authorities are:

The district authorities , each headed by a district captain appointed by the state government . As the head of the authority, the district captain has all responsibilities, which he can, however, delegate. However, the authority is the district authority itself.
The mayors of cities with their own statute (with the exception of Vienna), who are elected by the citizens of the respective statutory city or their municipal council. The magistrate is available to the mayor as an office. It is often falsely claimed that the magistrate itself is a district administrative authority.
The City Council of Vienna ( Art. 109 B-VG ).

The only remaining Political Expositur Gröbming is just an office that administers its own area within the local jurisdiction of a Liezen district administration, and not a separate authority.

Jurisdiction

The term of the responsible district administrative authority is used both by the legislature and in the implementation by the administration and describes the responsibility in an abstract form. Responsibilities are not only assigned to the district administrative authorities by individual laws. For example, Section 2 AVG provides that in the indirect federal administration responsibility lies with the district administrative authorities, unless special regulations exist. Some of the federal states have created comparable provisions at state level. Section 26 (1) VStG provides for such jurisdiction for administrative criminal matters . The regulations on local jurisdiction then determine which district administrative authority is specifically addressed. Unless special regulations exist, the local jurisdiction according to the AVG is based on the domicile or registered office of the applicant or the location of the property, in administrative criminal cases according to the VStG according to the location of an administrative violation.

The factual responsibility includes:

the implementation of federal laws in agricultural, resident registration, forestry, health, commercial, water, environmental and traffic law as an indirect federal administration and as a security authority in aliens law
the implementation of the laws of the state in youth welfare, disability and social law and nature conservation law as direct state administration, as well as an authority in disaster control (disaster control officer).
the support of the municipalities and their mayors in carrying out the local tasks of the municipal administration (municipal autonomy) in building and spatial planning law by experts (“district architect”); Often these tasks have been transferred to the district administration as an indirect municipal administration by a delegation ordinance.

The district administrative authority is in the first instance responsible and responsible for the enforcement of federal and state laws. Functionally, the district administrative authority acts either as a federal body or as a state body:

The state administration comprises the implementation of the laws of the respective state and the federal laws to be implemented by the states as an exception ( Art. 11 B-VG ); in these matters it is bound by instructions from the state government .

Indirect federal administration includes the implementation of federal laws for which there are no federal authorities and which, in exceptional cases, do not fall under the state administration. In these matters, the district administrative authority is bound by instructions to the governor , who is responsible for the governor , who is subordinate to the responsible federal minister in this regard.

The security administration occupies a special position, since federal authorities exist for them with the state police directorate . The security authority of the 1st instance is, however, the district administrative authority; However, some cities are excluded from this, where the State Police Directorate itself is the 1st instance security authority. In these matters, the district administrative authority of the State Police Directorate, which is subordinate to the Federal Minister of the Interior, is bound by instructions.