Local authority agency
A community central office is in Austria a switching center in disputes that in a community can be set up. The purpose of the municipal agency is to find out-of-court solutions in disputes about
- Monetary claims and claims to movable property,
- Determination or correction of boundaries of immovable property or easements,
- the easement of the apartment,
- Ownership ( RGBl. No. 150/1869, § 1 ) and
- Insults of honor ( RGBl. No. 59/1907, Art. 2 § 1 ).
It has its origin in lay jurisdiction and was incorporated into the legal system in the 19th century. Corresponding laws were passed for the various parts of the country, of which the laws for Vorarlberg from 1909 and for Styria from 1914 will continue to apply as particular federal law in 2020 .
The legislation on the procedure for the out-of-court mediation of disputes fell into the federal competence for basic legislation ( Art. 12 B-VG ) until 2019 and changed to the federal competence for legislation and enforcement ( Art. 10 B-VG) in 2020 , while the organization of the corresponding institutions continues to fall within the scope of state legislation ( Art. 115 para. 2 B-VG, municipal law ) and the municipalities continue to operate in their own sphere of activity ( Art. 118 para. 3 B-VG).
The importance of local government agencies has long been in decline. At the moment there are only 21 municipal agencies for 96 municipalities in Vorarlberg .
An alternative is the praetoric settlement before the district court ( § 433 ZPO ).
Web links
- Law of September 21, 1869 on the requirements of the ability to enforce the settlements concluded before shop stewards from the municipality and on the fees to be paid by them ( RGBl. No. 150/1869 ) with later amendments
- Alexandra Erzsébet Schwärzler: The communal agencies in Vorarlberg and their possible contribution to relieving the courts . 2013 (PDF; 83 kB)
See also
- Municipal arbitration in the Federal Republic of Germany
- Social courts in the former GDR
Individual evidence
- ↑ Peter G. Mayr : The Upper Austrian Community Mediation Act of 1889. In: Communications of the Upper Austrian Provincial Archives. Volume 16, Linz 1990, pp. 349-391 ( pp. 349-363 (PDF) in the forum OoeGeschichte.at, pp. 364-379 (PDF) in the forum OoeGeschichte.at, pp. 380-391 (PDF) in the forum OoeGeschichte.at).
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↑ Vorarlberg: LGuVBl. No. 66/1870 , LGuVBl. No. 158/1909
- Carinthia: LGuVBl. No. 19/1873 , LGuVBl. No. 35/1910
- Austria under the Enns: LGuVBl. No. 23/1874 , LGuVBl. No. 124/1907 ; Vienna: LGBl. No. 15/1984 with later changes , repealed by LGBl. No. 24/2017
- Austria above the Enns: LGuVBl. No. 3/1889 , repealed by LGBl. No. 78/1979
- Styria: LGuVBl. No. 23/1915 , repealed by LGBl. No. 83/2019 ; see also EZ / OZ 2822/5 (to LGBl. No. 29/2019 ), where it is stated that "no municipality in Styria is known in which such an office is established"
- Tyrol: LGuVBl. No. 9/1915 , repealed by LGBl. No. 26/2017
- Salzburg: LGBl. No. 44/1926 , repealed by LGBl. No. 1/1997 ; Peter G. Mayr: The municipal agencies in the state of Salzburg . In: Mitteilungen der Gesellschaft für Salzburger Landeskunde , Vol. 133 (1993), p. 323
- ↑ Law of September 15, 1909, effective for the State of Vorarlberg, on the municipal agencies ( StF : LGuVBl. No. 158/1909)
- ↑ Law of December 29, 1914, valid for the Duchy of Styria, on municipal agencies ( StF : LGuVBl. No. 23/1915)
- ↑ cf. Art. 151 para. 63 item 4 B-VG in the version of Federal Law Gazette I No. 14/2019 ; Peter G. Mayr: Local government agencies and district court districts - Successful unbundling of competencies? , JRP 2019 p. 64
- ^ GP XXVI RV 301
- ↑ Peter G. Mayr: The flowering and decline of local government agencies in Upper Austria. In: Communications from the Upper Austrian Provincial Archives. Volume 17, Linz 1993, pp. 265–306 ( pp. 265–288 (PDF) in the forum OoeGeschichte.at, pp. 289–306 (PDF) in the forum OoeGeschichte.at).
- ↑ Local government agencies in Vorarlberg ; see also LGBl. No. 62/2019 (Municipal Law, § 80b "Municipal Agency " with transitional regulation)
