Indirect federal administration (Austria)

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In Austria, indirect federal administration is understood to mean the enforcement of federal laws by those authorities that are not set up and operated by the federal government itself, i.e. are not federal authorities , but state authorities. The provisions in Art. 102 B-VG are regulated .

The indirect federal administration is carried out by the governor of the respective federal state , who makes use of the district administrative authorities .

Before the 2012 amendment to administrative jurisdiction came into force , the indirect federal administration was characterized by an administrative body . An appeal against the decision of the district administrative authority (1st instance) was possible to the governor (2nd instance), to whom the office of the respective state government was available as an auxiliary body for execution, unless the independent administrative senate of the respective state was responsible for certain matters . Since 2014, it has been possible to appeal to the relevant regional administrative court as a legal remedy against decisions by the administrative authorities in matters relating to indirect federal administration .

In matters of indirect federal administration, the governor is bound by the instructions of the responsible federal minister and can be held responsible before the constitutional court if they are not complied with. So far, this has occurred only once in the history of the Second Republic, when the federal government to Salzburg Governor Wilfried Haslauer accused.

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  1. ^ Ruling of the Constitutional Court

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