Mandate notice

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The Austrian administrative law defines a notification of a mandate as a notification without a preliminary investigation. Since a proper investigation is the rule, the notification of the mandate is the exception. The term “notification of the mandate” is not found in the General Administrative Procedure Act , but it is quite common in legal parlance.

Content of the mandate decision

A mandate notice may only be issued if

  • Cash benefits are to be prescribed which are calculated according to an already existing (statutory or collective agreement) standard or
  • Measures must be taken that cannot be postponed due to imminent danger.

A mandate notification must - like any other notification - contain the verdict, reasons and instructions on legal remedies . It becomes legally effective and enforceable immediately upon delivery (or announcement) . However , it only becomes legally binding if no legal remedy is brought against it.

Appeal

The legal remedy against a mandate decision is called “introduction” . The presentation is aimed at the authority issuing the ruling (remonstrative appeal). As a rule, it must be submitted within two weeks of delivery or announcement of the notification of engagement.

Procedural rules

If a performance is introduced in good time, the authority must initiate an investigation within two weeks of receipt of the performance. If it does not do so, the mandate decision automatically expires (by law). If the party concerned so requests, the authority must then confirm in writing that the decision has expired.

Effect of imagination

An idea (also introduced in good time) only has suspensive effect if it combats the prescription of a monetary benefit. In all other cases, the enforceability of the mandate decision remains in effect until the authority has issued a replacement decision (after the investigation procedure again initiated by it in good time [see above: two-week period!] And then also completed).

Reference

Section 57 of the General Administrative Procedure Act 1991, Federal Law Gazette No. 51/1991 (Republication), in the version of Federal Law Gazette I No. 111/2010