Upper Austria Bar Association
The Bar Association of Upper Austria is the professional organization in Upper Austria established lawyers and trainee lawyers. The Bar Association has its seat in the city of Linz , where the Linz Regional Court is also one of the four highest organs of jurisdiction in Upper Austria (other regional courts in Upper Austria are in Ried im Innkreis , Steyr and Wels ). President of the Upper Austrian Bar Association is currently Franz Mittendorfer.
history
The lawyers in Upper Austria was founded on March 25, 1851 as the "Bar Association of the Regional Court Districts Linz and Steyr " in Linz. It started out with around 20 members. In 1924, the Upper Austrian Bar Association became the first bar association in Austria to offer free legal information from its members to the population. The annexation of Austria to the German Reich (see: Austria in the time of National Socialism ) soon eliminated the autonomy ( self-administration ) of the Austrian bar associations. Numerous Upper Austrian lawyers have been removed from the list.
The autonomy and self-administration of the Upper Austrian Bar Association was restored in July 1950.
The first female lawyer was admitted to the Chamber of Upper Austrian Lawyers in 1946.
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 Upper 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 Upper 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 Upper 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 640 lawyers are admitted in Upper Austria. As of November 1, 2013, 644 lawyers were registered in Upper Austria (and around 200 trainee lawyers).
See also
- Bar Association (Austria) (general overview)
Web links
- Website of the Upper 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
- ^ History of the RAK Upper Austria on their website. Retrieved November 1, 2013.
- ^ History of the RAK Upper Austria on their website. Retrieved November 1, 2013.
- ↑ 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. ).
- ↑ For comparison: In 1935 the RAK Upper Austria had 193 registered lawyers, in 1945 there were only 54 lawyers, in 1951 again 198 lawyers. [1]
- ↑ There is one lawyer for every 2,200 inhabitants .
