Legal force (Austria)
In the Austrian legal language, the term legal force the finality of court judgments , court orders and findings and the occurrence of non-appealable by administrative regulatory decisions that are primarily decisions and approvals as well as penal or criminal dispositions .
Also included in the legal force are the prerequisites under which these legal effects occur ( e.g. setting deadlines ). Legal force comes into effect when an ordinary legal remedy is no longer admissible (frequent case: the period for appeal expires without being used). Legally binding decisions of the courts and administrative authorities can - usually at the request of a party to the proceedings - be stamped with a legally binding stamp, which serves as proof of legal force.
In contrast to the term in German law , for example , the facts in Austria include not only judicial , but also administrative measures. Therefore, administrative notices or penal decisions or orders in Austria are legal acts , and administrative authorities from the second legal level onwards are legal entities in the sense of the term in Germany .
literature
- Michael Holoubek , Michael Lang (ed.): Legal force in administrative and tax proceedings . Linde, Vienna 2008, ISBN 978-3-7073-1057-3 (on the tension between legal correctness and legal certainty ).
Web links
- Legal force . In: HELP.gv.at - glossary of terms
Individual evidence
- ↑ legal force stamps , help.gv
