Independent administrative senate

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The Independent Administrative Senates ( UVS ) in Austria were authorities established in the federal states on the basis of Article 129a of the Federal Constitutional Act (B-VG) (which expired on December 31, 2013 ) and were responsible for monitoring administrative activities.

Establishment of the Independent Administrative Senates

The Senates were established by a constitutional amendment in 1988 and corresponding state laws . The Independent Administrative Senates began their work on January 1, 1991. The introduction of the UVS was necessary because Articles 5 and 6 of the European Convention on Human Rights (ECHR) had not been met by this time. An administrative penal authority could also impose prison sentences without a comprehensive review of the decision by a judicial authority. The criminal verdict could only be challenged by appeal to the higher-level administrative authority. The possibility provided for in the Federal Constitutional Law to lodge a complaint with the highest instance by an administrative authority with the Administrative Court and the Constitutional Court was not sufficient to implement the requirements of the European Convention on Human Rights, as these courts could not review the factual findings of the administrative criminal authority.

This problem was to be resolved with the establishment of the Independent Administrative Senates: in administrative criminal matters (and in other matters which are referred to by law within the competence of the Independent Administrative Senates) it was possible to appeal to the Independent Administrative Senate, which on the one hand had a court-like independence, and on the other (unlike Administrative and Constitutional Court) was entitled to a comprehensive review of the decision.

Jurisdiction

Among her responsibilities, the decision belonged on appeals in administrative proceedings (excluding financial criminal matters of the federation, the last in the jurisdiction of the Independent Finance Senate fell), to decide on complaints against the exercise of direct administrative formalities and coercion ( action complaint ) and the decision on appeals in other administrative matters that have been transferred to his responsibility by law (withdrawal of driving licenses, permits for operating facilities, pharmacy licenses, etc.). The UVS were set up under constitutional law as administrative authorities, which make decisions solely on the basis of the law, without being bound by instructions from the political administration. It was therefore a matter of “court-like administrative authorities” that met the minimum requirements of the European Convention on Human Rights (ECHR) and the law of the European Union as a tribunal . As the administrative authority, the UVS made its decision by means of a notice (appeal decision), not a judgment. Appeals to the Constitutional Court and the Administrative Court were possible against the decisions of the UVS - as against decisions of all other administrative authorities .

The members of the UVS were not judges, but officials appointed by the state governments (sometimes on a temporary basis) with judicial tasks.

As a result of the 2012 amendment to administrative jurisdiction passed in 2012, the Independent Administrative Senates were dissolved on January 1, 2014 and replaced by the regional administrative courts .

See also

literature

  • Albin Larcher (ed.): Handbook UVS. Organization, procedures and responsibilities of the Independent Administrative Senates . Publisher: facultas.wuv; 1st edition 2012, ISBN 978-3-7089-0848-9 .