Supreme Court (Austria)

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AustriaAustria Supreme Court
- OGH -p1
State level Federation
position Supreme court competent for civil and criminal matters
Supervisory body (s) Federal Ministry of Justice
(in matters of administration of justice)
Consist since August 21, 1848
Headquarters Vienna 1 , Schmerlingplatz 11
President Elisabeth Lovrek
Employee 60 judges
Website www.ogh.gv.at
Seat of the Supreme Court in the Palace of Justice

The Supreme Court ( OGH ) is the last instance in civil and criminal proceedings in Austria . He judges in senates, which are equal in relation to each other. Their decisions are therefore final. In addition to the constitutional and administrative courts , the Supreme Court is one of the three highest Austrian courts .

The Supreme Court has its seat in the Palace of Justice in Vienna and was created on August 21, 1848 as the successor to the Supreme Judicial Office founded by Maria Theresia in 1749, which was also responsible for the administration of justice before the creation of the Ministry of Justice (also in the course of the 1848 revolution ).

Judge Elisabeth Lovrek has been the President of the Supreme Court since July 1, 2018 .

Senates

Simple senates

Simple senates (§ 6 OGHG) consist of five judges; they have to decide if the jurisdiction is not to be exercised in reinforced senates or triple senates . Strengthened senates are made up of eleven judges, with one exception. A professional judge acts as chairman in all Senate compositions. The simple senates are the most important bodies for dealing with the case of files. In labor, social law and cartel matters , jurisdiction is exercised not only by professional judges, but also by expert lay judges . The simple senates there are manned by three professional and two expert lay judges.

Reinforced Senates

Reinforced Senates (§ 8 OGHG) have to decide if the standing jurisprudence of the Supreme Court is deviated from in legal questions of fundamental importance or a guideline shaped by a decision of the last previous reinforced Senate is no longer to be updated, or if a legal question of fundamental importance in the previous case law of the Supreme Court (by simple senates) was not resolved uniformly.

In labor and social law matters , the Senate consists of seven professional judges and four expert lay judges, while those in the exercise of cartel jurisdiction consist of seven professional judges and two expert lay judges .

Senate of three

Senate of three (§ 7 OGHG) decide on certain procedural questions. In criminal matters, this occupation also provides findings according to the Basic Rights Complaints Act. In some matters, each member of a triple senate can request a decision by the simple senate. In cartel cases, matters of minor importance are decided in three-party senates, which are only made up of professional judges.

Assessment Senates

Review panels (Section 11 OGHG) consist of the President and six other members of the OGH. They provide expert opinions on draft laws and ordinances. Due to the division of responsibilities of the Supreme Court, five appraisal panels have been set up for different matters.

Ultimate jurisdiction

The highest jurisdiction is currently exercised by eleven civil and five criminal panels. The stated number of civil senates also includes the senate judging cartel matters. Reinforced senates form the enlargement, triple senates the downsizing of simple senates.

In civil cases, the Supreme Court makes the final decision on (ordinary and extraordinary) revisions against judgments of courts of appeal, appeals was against cancellation and remand decisions of the second instance as appeal or a recourse courts unless such an appeal in the second instance allowed (ordinary and extraordinary ) Revision appeals against decisions of the second instance as appeal courts and - in some cases - via appeals against certain decisions of the second instance as appeal or appeal courts. In cartel cases, which are also civil cases, the Supreme Court, as a cartel court, decides on appeals against decisions of the Higher Regional Court of Vienna as a cartel court.

Access to the Supreme Court in civil matters is completely excluded in some matters - on the one hand according to the matters concerned, on the other hand due to the decision-making object of the second instance, which does not exceed a certain monetary value. Otherwise the Supreme Court can usually only be appealed to if the second instance allowed such an appeal, because the decision depends on the solution of a significant legal issue. If the second instance pronounced that the appeal to the Supreme Court was not admissible, its decision - in certain matters at least, in other matters if the subject of the decision exceeded a certain monetary value - with an extraordinary legal remedy (with extraordinary revision or extraordinary appeal appeal) contestable. In any case, only certain resolutions passed in the second instance can be opposed. In such cases, a ruling on the admissibility or inadmissibility of an appeal to the Supreme Court is dispensable. As a second instance decides - depending on the envisaged in the methods of appeal laws - always a Oberlandesgericht or a regional court.

In criminal matters, the Supreme Court recognizes annulment complaints and appeals .

Judge

The current composition of the Senate and the judges working at the Supreme Court can be found in the OGH's distribution of responsibilities.

President

Austro-Hungarian monarchy

First republic

Second republic

See also

Web links

Commons : Supreme Court  - collection of pictures, videos and audio files

Individual evidence

  1. ^ Supreme Court: [1] , accessed July 14, 2016
  2. ↑ Justice Ministerial Decree of August 21, 1848 ( JGS No. 1176/1848 ), as well as the Imperial Patent of August 7, 1850, which establishes the organization of the highest court and cassation court in Vienna ( RGBl. No. 325/1850 ). Originally it comprised 19 districts of the Higher Regional Court . For Hungary it was replaced by the Curie built in 1723 as early as 1861 .
  3. ^ Christian Neschwara : The Supreme Judicial Office in Vienna (1749-1848). Austrian Academy of Sciences , accessed April 19, 2019 .
  4. ↑ Division of business by the Senate
  5. ^ List of the presidents of the Supreme Court . Retrieved November 18, 2018.

further reading

  • Feldner, Birgit: Reinforced Senates at the Supreme Court , Vienna 2001
  • Haberler, Veronika: The Supreme Court Decision: An Empirical Study on Decision Making in Civil Law Matters at the OGH , Vienna 2014, ISBN 978-3-9503816-0-3 . Reading sample
  • Kodek, Georg : Function and way of working of the OGH - die Binnensicht , in: Kodek (Ed.), Access to the OGH, Vienna 2012, 99–118