Authority (Austria)
According to the Austrian constitution, an authority is a body that is empowered by the legal system to issue unilaterally binding legal acts (in particular on the basis of laws), to issue orders and, if necessary, to enforce them with coercive means.
A distinction is made between administrative and judicial authorities according to the organs. The main difference is that administrative authorities are largely bound by instructions, but jurisdiction is carried out by independent bodies (judges).
According to the principle of the separation of justice and administration anchored in Art. 94 BV-G , an authority may not be an administrative and judicial authority at the same time. In the social insurance benefit law, this principle is broken to the extent that an administrative authority first decides on benefit claims. In the event of a contestation by the addressee, the decision of the administrative authority becomes invalid according to the principle of successive competence and the legal matter must be decided again by the labor and social court .
Administrative authorities
term
According to Art. II, Paragraph 1 of the Austrian Introductory Act to the Administrative Procedure Acts 2008 (EGVG), an administrative authority is an authority whose procedures are governed by the General Administrative Procedure Act (AVG) and the Administrative Penal Act (VStG).
Administrative authorities are set up to carry out federal , state or municipal administration tasks . An authority is assigned an office to carry out the tasks assigned to it. For example, one is district captain himself Authority , which is enclosed with his office , the district administration . A common office can be assigned to several authorities (e.g. the municipal office).
Subdivision
Authorities can generally be distinguished in two ways.
On the one hand, one can distinguish between monocratic and collegially organized authorities. A monocratic authority consists of only one person, such as the mayor as the building authority of the 1st instance or the district administrative authorities . A collegial authority, on the other hand, consists of several people, such as the state governments or the federal government.
Furthermore, one can differentiate between authorities according to the tasks they carry out or who are responsible for them. For example, there are state and federal authorities, but also security authorities , health authorities, etc.
Judicial authorities
According to Art. 82 Para. 1 BV-G, ordinary jurisdiction comes from the federal government. This means that the federal states are not allowed to set up any ordinary courts and that the constitution and jurisdiction of these courts must be regulated by federal law (Art. 83, Paragraph 1 B-VG). In the area of administrative jurisdiction, there are both federal and state administrative courts and, as a second instance, the administrative court (Art. 129-133 B-VG). A federal court, the Constitutional Court, has constitutional jurisdiction .
Individual evidence
- ^ Authority Austria Forum , accessed on May 7, 2019
- ^ Authority organization Austria-Forum, accessed on May 6, 2019
- ↑ Peter G. Mayr: Constitutional foundations online textbook on civil law, accessed on May 6, 2019
- ↑ Introductory Act to the Administrative Procedure Acts 2008 - EGVG RIS , accessed on May 5, 2019
- ↑ HELP.gv.at: Authority
