Legal training in Austria
The legal training in Austria describes the training required for working in legal professions in Austria .
In Austria, studies in law, which have a standard duration of eight or an average duration of more than twelve semesters, are completed with the academic degree Mag. Iur. from. This course is offered at the law faculties of the Universities of Graz , Innsbruck , Linz , Salzburg and Vienna . The University of Linz also offers law studies as distance learning. As with all other courses, the final exams are taken by the university. A state examination in Germany does not exist in Austria.
Since the winter semester 2006/2007, the Vienna University of Economics and Business has also been offering a degree in business law , which, according to the Bologna Process, leads to the academic degree Bachelor of Laws (WU) (“LL.B. (WU)”) after six semesters and afterwards four semesters can be completed with the degree Master of Laws ("LL.M. (WU)"). The combination of “LL.B. (WU) ”and“ LL.M. (WU) ”also entitles the holder to practice a traditional legal profession.
Since the 2016/2017 winter semester, the Sigmund Freud University in Vienna has been the first and only private university in Austria to offer a full legal degree that, in accordance with the Bologna process, leads to the academic degree Bachelor of Laws ("LL.B.") after six semesters and others four semesters can be completed with the degree Master of Laws (“LL.M.”). The fee-based full course of "LL.B." and "LL.M." entitles the holder to practice traditional legal professions. In addition, the University of Klagenfurt, in cooperation with the University of Vienna, has been offering the master's degree in “Business Law” with the academic degree Master of Laws (“LL.M.”) since the 2019 winter semester . This entitles the holder to practice all traditional legal professions in Austria. As a prerequisite for attending this master’s degree, a bachelor’s degree in law or economics is required.
Professional authorization for legal professions
For access to the classic legal professions (judge at ordinary courts, public prosecutor, lawyer and notary), the completion of a degree in Austrian law , the completion of court practice , a trainee service as a judge trainee, trainee lawyer or notary candidate and the completion of the judge's office, Bar or notarial examination required. Training as a judge is also considered training as a public prosecutor. Judges at the administrative courts , the administrative court and the constitutional court do not require a judge's examination, only a law degree and professional experience. Graduates of other relevant studies with relevant professional experience can be appointed as judges at the Federal Finance Court .
The judge's office, lawyer and notary examinations are held by examination commissions set up at the higher regional courts. Detailed regulations meet the judges, prosecutors Services Act , the Lawyers' Act , the Bar Exam Act , the Notariatsordnung and the notary examination law .
With regard to the study of Austrian law, the above-mentioned professional laws contain identical provisions. The law studies must last at least four years with a workload of at least 240 ECTS points, which is in a certain tension with the implementation of the Bologna system, which is common in Austria, in which bachelor’s programs are 3 years and master’s programs are 2 years. In addition, these laws provide that all essential legal issues (Austrian civil and civil procedural law, Austrian criminal and criminal procedure law, Austrian constitutional law, European law, international law, etc.) must be covered. The laws here intentionally emphasize that Austrian law is to be taught. This makes the recognition of foreign studies difficult, even if this is generally intended.
If you want to change from one of the legal professions to another, you can have the examination subjects you have already completed credited. The crediting of professional examinations is regulated in more detail in the Training and Professional Examination Credit Act.
Access to the legal profession
To qualify as a lawyer to take action in accordance with § 1 is Rechtsanwaltsordnung entry on the list of lawyers necessary that occurs when the candidate has Austrian citizenship or EEA - or Swiss nationality has, self-entitled , is a study of the Austrian Law degree, has completed a certain period of practical use, has passed the bar exam, has participated in certain training events and has liability insurance .
The practical application is currently through five years of legal activities, five months of which at court and 36 months with a lawyer (in Germany); the remaining 15 months can be substituted by assistant work, doctoral studies (a maximum of six months) or work at an authority or EU institution, whereby the total duration must not be less than 60 months.
The bar exam can be taken at one of the four higher regional courts. According to a study by the University of Innsbruck , supervised by Peter Mayr, the failure rate in the bar exam at the Higher Regional Court of Vienna (more than half of the bar exams are traditionally taken here) has been falling without exception, by around 2% every year, and is now at less than 10%. She is thus z. B. not even half as high as that at the second state examination in Germany. At the same time, the grades "passed with very good success" and "passed with excellent success" are awarded to a constant or even higher proportion of candidates. Since 2010 is also the year with the greatest increase in the number of examinations at the Vienna Higher Regional Court (since then approx. Two thirds of the Austrian trials) and this number has remained consistently high since then, criticism of the bar exam has been repeatedly expressed. When elected President of the Vienna Bar Association in 2015, all three candidates announced a reform of the bar exam.
- ↑ a b c d Legal Professions in Austria , brochure of the Federal Ministry for Constitution, Reforms, Deregulation and Justice, 2018, accessed on September 15, 2019
- ↑ a b Linz legal studies. Retrieved August 18, 2020 .
- ↑ Vienna University of Economics and Business: Overview - Commercial Law , accessed on September 15, 2019
- ↑ Bachelor course JUS | Sigmund Freud University , accessed on September 15, 2019
- ↑ a b Master's degree in JUS | Sigmund Freud University , accessed on September 15, 2019
- ↑ Master of Business Law. In: University of Klagenfurt. Retrieved April 17, 2020 .
- ^ Federal law on the employment relationship of judges, public prosecutors and trainee judges in the RIS
- ^ RIS lawyers' rules
- ↑ Federal law of December 12, 1985, with which provisions on the bar exam and other requirements for practicing the legal profession are made in the RIS
- ↑ Notarial Regulations in the RIS
- ↑ Federal law of October 21, 1987, with which provisions on the notarial examination and other requirements for exercising the notarial profession are made in the RIS
- ↑ Federal law on the crediting of training and the mutual crediting of professional examinations for legal professions in the RIS
- ↑ http://www.uibk.ac.at/zivilverfahren/statistik/rechtsanwaltspruefungen.pdf
- ↑ Thomas Singer in an article in the daily newspaper Die Presse ; Michael Enzinger in an article in the daily Die Presse ; Stefan Prochaska page no longer available , search in web archives: on his election campaign page