Bar Association of Lower Austria
The Bar Association of Lower Austria is the professional organization in Lower Austria established lawyers and trainee lawyers. The Bar Association has its seat in the city of St. Pölten , where the St. Pölten Regional Court is also one of the four highest judicial bodies in Lower Austria (other regional courts in Lower Austria are in Krems , Korneuburg and Wiener Neustadt ). Michael Schwarz is currently president of the Lower Austria Bar Association.
history
On March 27, 1638, a law was enacted for the land marshal court in Lower Austria, which bore the title "Advocate Order". It dealt with the rights and duties of lawyers , procurators and debit officers . Admission requirements for these legal professions were the completion of a two-year professional experience, the usual examination in front of the land clerk, the taking of the oath and the entry in the lawyer book.
The lawyers in Lower Austria only founded their own professional representation in 1988. From 1918 until this point in time, the lawyers were involved in the organization of the “ Bar Association for Vienna, Lower Austria and Burgenland ”.
organization
The professional representation is a member of the Austrian Bar Association , an association of the bar associations of all Austrian federal states. Organizationally, the Bar Association is a public corporation with the right to autonomous self-administration and limited sovereign powers.
The areas of responsibility of the Lower Austrian Bar Association range from representing lawyers to assessing laws and drawing up reports to monitoring compliance with professional obligations by way of disciplinary law . The examinations for trainee lawyers and trainee judges are also carried out by the examination commissioners of the Bar Association.
The highest decision-making body of the Bar Association is the committee, which is elected by the general assembly of Lower Austrian lawyers and is chaired by a president and two vice-presidents. Attached to this are the disciplinary board and the examination commissioners, who are also appointed by the general assembly.
membership
Membership in the Lower Austrian Bar Association exists for registered attorneys (RA) and trainee attorneys (RAA). The voting rights in the general meeting are unevenly distributed between lawyers and trainee lawyers (approx. 1: 2 - RA: RAA). Associated with membership is the obligation to pay the chamber contribution. An annual average of around 400 lawyers are admitted in Lower Austria. As of November 1, 2013, there were 417 lawyers registered in Lower Austria (and around 110 trainee lawyers). Lower Austria has the second lowest density of lawyers / residents (after Burgenland with 4,860 Ew / RA)
See also
- Bar Association (Austria) (general overview)
Web links
- Website of the Lower Austria Bar Association .
- Association for research into the legal professional history of the members of the Austrian bar associations who were discredited between 1938 and 1945 .
Individual evidence
- ^ Extract from the comprehensive historical compilation of the Styrian Bar Association [1] . Retrieved November 1, 2013.
- ^ The establishment of the Bar Association (Vienna).
- ↑ The Austrian Constitutional Court (VfGH) has ruled in decision G31 / 2013 et al., V20 / 2013 et al., Item 3.3. That in the case of votes in plenary assemblies, the existing regulation of prospective attorneys on a qualified right to vote and have a say should be permissible, if the different weighting satisfies the objective requirement arising from the principle of equality and is compatible with the democratic principle resulting from Art. 120a and Art. 120c B-VG . The weighting of votes in Section 24 (3) last sentence RAO, however, violates these constitutional requirements, because the fundamental equality of votes inherent in the democratic principle is generally broken, without there being a corresponding objective reason for this and because there is no objective differentiating regulation depending on the subject of the decision and different levels of concern of the respective group of members of the Chamber (e.g. the regulations of the allocation and contribution regulations that only apply to trainee lawyers). If it is a matter of matters in which the trainee lawyers are not particularly affected, it is permissible to provide for different weighting of votes (see also Anwalt Aktuell , 6/13, p. 19 and 7/13, p. 5 , Archived copy ( Memento of the original from November 3, 2013 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this note. ).
- ↑ There is one lawyer for around 3,880 inhabitants . Mathematically, Vienna has the highest density of lawyers in Austria with 640 residents and around twice as many as the Austrian average (around 1,450 residents). However, the Principality of Liechtenstein is unsurpassed in the German-speaking countries with one lawyer for around 212 residents.
