Financial Procuratorate

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AustriaAustria  Financial Procuratorate
Austrian Authority
Finprok-logo.jpg
State level Federation
Position of the authority subordinate department of the Federal Ministry of Finance
founding 1945
Headquarters Vienna 1 , Singerstraße 17-19
Authority management President Wolfgang Peschorn
Website Finanzprokuratur.bmf.gv.at

The Finanzprokuratur is in Austria a the Federal Ministry of Finance subordinate agency of the Federal , which is called to legal advice and legal representation in the interest of the state ( § 1 Finanzprokuraturgesetz).

It is responsible for representing the federal government ( Section 3 (1) ProkG) before the courts, unless there is a special institution for this, such as the public prosecutor's offices that represent the prosecution in criminal proceedings . The Financial Procuratorate is mainly responsible for cases in which the federal government acts as the bearer of private rights , but also, for example, for representing the federal government in matters of official liability . In addition to the federal government, the states and municipalities as well as corporations, institutions, foundations and funds under public law and companies in which the federal government has a majority share can make use of the services of the financial procurator's office.

The tasks of the financial procurator's office are carried out by attorneys at law, who must have passed the bar exam and a procuratorial exam ( Section 11 (1) ProkG). In 2003 there were around 42 lawyers employed in the procurator's office. The financial procurator can also intervene in all cases in which representation by a lawyer is otherwise required.

history

The financial procuratorship in its current form exists since the entry into force of the Prokuraturgesetz 1945. In 2008 the Prokuraturgesetz 1945 was put on a new legal basis with a new law, the Finanzprokuraturgesetz. Through this law, the Financial Procuratorate was given responsibility for advice in addition to legal representation. In addition, the possibility has now been opened up that the states and municipalities and other organizations, such as federally owned companies, can be advised and represented by the financial procurator's office.

The roots of the financial procuratorate go back to the 13th century. The office goes back to the Staufer Friedrich II , who set it up in Sicily. From there it was taken over by the emperors of the Holy Roman Empire and finally by the Habsburgs . The Chamber Procuratorate or the Fiscal Authority, as it was called at the time, protected the emperor's rights vis-à-vis the estates .

The form of today's official liability can also be found in the Lower Austrian Raitkammerordnung issued in 1539 .

The Chamber Procurators' area of ​​responsibility was expanded in the period around the Napoleonic Wars through numerous ordinances. A complete reorganization took place in the course of the revolution of 1848/49 , when only the financial procuratorial remained.

With the reorganization of the civil procedure laws in 1898, the organization of the procuracy was also reorganized. Due to the First World War , the procuratures in the federal states were gradually dissolved, so that only those remained in Vienna that remained active until the Anschluss , but which were also dissolved on June 20, 1939 and were the only ones to be rebuilt in 1945.

literature

Web links

Individual evidence

  1. ↑ Finanzprokuratur des Bundes  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. Retrieved on January 18, 2008 by Mag.Gregor Morawetz@1@ 2Template: Toter Link / www.juridicum.at  
  2. ↑ Finanzprokuraturgesetz - government bill , accessed on March 31, 2015.