Federal Ministry of Justice

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AustriaAustria  Federal Ministry of Justice
Austrian Authority
logo
State level Federation
Position of the authority Federal Ministry
founding 1749 ( Supreme Judicial Office ), 1848 (Min. FJ), 1867 (Min. FJ), 1920 (BM fJ), rebuilt in 1945, 2018 (BMVRDJ), 2020 (BMJ)
Headquarters Vienna 7 , Museumstrasse 7
Authority management Alma Zadić , Federal Minister of Justice
Budget volume 1.73 billion EUR (2020)
Website www.justiz.gv.at
Alma Zadić , Federal Minister of Justice

The Federal Ministry of Justice ( BMJ or Ministry of Justice for short ) is responsible for matters of civil law (civil law, commercial law, copyright law, contract insurance law, antitrust law, bankruptcy and compensation law), judicial criminal law, the organization of the judiciary , the public prosecutor's authorities, the administration of justice, the Federal Ministry of the Republic of Austria responsible for the penal system and data protection .

history

The headquarters in Palais Trautson

The Ministry of Justice, like the Supreme Court (OGH) , emerged in 1848 from the Supreme Judicial Office , founded in 1749 , which until then had been responsible for both the judiciary and the administration of justice as well as drafting new judicial laws (including the ABGB ). In 1860 the Ministry of Justice was combined with the Ministry of Interior and Education to form the Ministry of State ; In 1867 an imperial and royal justice ministry was set up again for the Cisleithan countries . In 1918 a State Office for Justice was created, from which the Federal Ministry of Justice emerged after the B-VG came into force under the Mayr II government on November 20, 1920 . It was headed by the respective vice chancellor from 1923 to 1927 . With the decree of April 23, 1938, the BMJ was dissolved and its departments were integrated into the German Reich Ministry of Justice . In 1945 a State Office for Justice was created again, from which the Federal Ministry of Justice emerged again after the re-entry into force of the B-VG (December 19, 1945). The Ministry of Justice differed from the other Austrian ministries in that several judges, civil servants and university lecturers who were not party to the party headed the department (including Egmont Foregger , Hans Klecatsky , Nikolaus Michalek ).

The BMJ has been offering numerous online forms since 2008. These forms can be filled out directly as a web form . The Austrian IT company aforms2web developed and maintains these form solutions with which, for example, applications for claims for cash benefits, labor law dunning suits or even a restructuring plan can be submitted directly from home. 2014 the Federal Minister was one of Eminent Persons , in 2016 renamed Weisungsrat , beige is after the number which transfers had multiplied the Federal Minister to the prosecuting authorities from 2009 to 2013 from a year 7 to 43rd From 2014 to June 16, 2016, the Board of Directors prevented 5 instructions and modified instructions in 4 other cases, ÖVP Justice Minister Brandstetter responded to the Greens' request.

From January 8, 2018 ( Federal Law Gazette I No. 164/2017 ) to January 28, 2020 ( Federal Law Gazette I No. 8/2020 ), the Federal Ministry was also responsible for the constitutional service and was called the Federal Ministry for the Constitution, Reforms and Deregulation and justice .

tasks

The Federal Ministry of Justice is responsible for:

  • Matters of civil law insofar as they do not fall within the scope of another Federal Ministry.
    • Matters of civil law with the exception of employment contract law, but including provisions of employment contract law in which other subjects of civil law are in the foreground.
    • Matters of commercial law including company and cooperative law as well as bill of exchange and check law.
    • Copyright and Related Rights.
    • Contract insurance law.
    • Antitrust law.
    • Matters of legal persons under private law.
    • Civil status matters to be carried out by the judicial authorities.
    • Preparation of the declaration of marriage by the Federal President.
  • Matters of judicial criminal law.
  • Judicial media law matters.
  • Civil and criminal justice matters.
    • Matters of the organization and the procedure of the ordinary courts, the cartel courts and the arbitration procedure.
  • Affairs of the public prosecutor's office as well as the procedures of administrative authorities in the service of criminal justice.
  • Matters related to the execution of decisions and orders of the courts in civil and criminal matters.
    • Enforcement system.
    • Matters relating to the execution of detention and pre-trial detention as well as judicial penalties, preventive measures and judicial educational measures.
    • Rehabilitation matters, including probation.
    • Affairs of the judicial guard's operations.
    • Extradition matters, insofar as they are to be carried out by judicial authorities.
  • Bankruptcy and Avoidance Law.
  • Provision for the establishment, organization and operation of institutions for the execution of prison sentences and the preventive measures associated with imprisonment and their administrative management.
  • Matters relating to the administration of justice in the ordinary courts and the cartel courts.
  • Matters of lawyers and notaries including their professional representation as well as defense counsel in criminal matters.
  • Matters of court and judicial administration fees.
  • Organizational matters of administrative jurisdiction with the exception of matters of the Federal Finance Court.
  • Legal affairs of public procurement.
  • Legal matters of data protection and electronic data processing.

structure

The Federal Ministry of Justice is structured as follows:

  • Federal Minister for Justice
    • Cabinet of Ministers
    • Office for European and International Affairs
    • Office for communication and public relations
    • Office for data protection and public procurement law
    • Section I: Civil Law
      • Department I 1: Family, Personal and Inheritance Law
      • Department I 2: Property, Obligations and Housing Law
      • Department I 3: Corporate and Company Law
      • Department I 4: Copyright, antitrust and land register law
      • Department I 5: Execution and Insolvency Law
      • Department I 6: Independent legal professions, experts, interpreters and official liability matters
      • Department I 7: Personal rights, ancillary civil law, court fees and accounting
      • Division I 8: Civil Procedure Law
      • Division I 9: International Private and Civil Procedure Law
      • Department I 10: International Personal and Family Law
    • Section II: General Directorate for the Execution of Prisons and Imprisonment
      • Department II 1: Fundamental questions, further development, law and international affairs of the penal system and the execution of custodial measures
      • Security, support, resources group
        • Department II 2: Executive, supervision, budget, economy, construction and security in the penal system and in the execution of custodial measures
        • Department II 3: Execution and supervision in the prison system and in the execution of custodial measures
        • Department II 4: Personnel matters in the penal system and in the implementation of custodial measures
    • Section III: Presidential Section
      • Budget and Infrastructure Group
        • Department III 1: Coordination and Resource Management
        • Competence center III 1 PKRS: Parliamentary coordination and legal protection
        • Department III 2: Budget and Construction
        • Department III 3: Legal Informatics, Information and Communication Technology
        • Department III 4: Liberal Legal Professions, Funding, Legal Services and Mediation
      • Group staff
        • Department III 5: Human resource management for courts and public prosecutors
        • Department III 6: Organizational development as well as personnel planning and controlling
        • Department III 7: Personnel Development, Diversity Management, Health Management
      • Department III 8: Internal Audit, Compliance and Court of Auditors
    • Section IV: Criminal Law
      • Department IV 1: Substantive Criminal Law
      • Division IV 2: Ancillary criminal law and multilateral cooperation in criminal matters
      • Department IV 3: Criminal Procedure Law
      • Division IV 4: International Criminal Matters
      • Department IV 5: Major proceedings and reportable criminal cases
      • Division IV 6: Individual criminal cases and offenses against extremism
      • Division IV 7: Mercy and amnesties

Business areas

The Federal Ministry of Justice has the prisons as subordinate offices , the data protection authority the senior public prosecutor's offices (and the public prosecutor's offices subordinate to them ) and the general procuratorate . In matters relating to the administration of justice, the Federal Administrative Court , the Higher Regional Courts and the Supreme Court also report to the Federal Ministry .

Federal Minister

Web links

Commons : Federal Ministry of Justice  - collection of images, videos and audio files

literature

Individual evidence

  1. ↑ Federal Finance Act 2020. (PDF) Federal Ministry of Finance, accessed on June 21, 2020 (p. 550).
  2. ↑ Electronic submissions to courts and public prosecutors. Retrieved July 15, 2014 .
  3. ↑ http://orf.at/#/stories/2351021/ Weisungsrat prevented five directives so far, orf.at, July 25, 2016, accessed July 25, 2016.
  4. ^ Federal Ministries Act 1986. Accessed on January 29, 2020 .
  5. ↑ BMJ organization chart. (PDF) Retrieved February 1, 2020 .
  6. ^ Tagesschau: History of the Federal Ministry of Justice: "The Rosenburg Files" , by Ulla Fiebig, SWR , October 10, 2016