Independent administrative senate of the province of Upper Austria
The Independent Administrative Senate of the Province of Upper Austria was an authority that was responsible for controlling administrative activities in Upper Austria until December 31, 2013 .
Facility
Due to the organizational and procedural requirements of Art. 6 of the European Convention on Human Rights (ECHR) , an amendment to the Federal Constitution in 1988 created the basis for the establishment of Independent Administrative Senates in the Länder (UVS) . They served to ensure the legality of the entire public administration . The Independent Administrative Senate of the Province of Upper Austria was with the Upper Austria . Administrative Senate Act established in 1990 and started work on January 1st, 1991.
Position, organization and seat
The Independent Administrative Senate of the Province of Upper Austria consisted of the President, Vice-President, 20 other members and around 30 employees in the office. The organization of the UVS as well as the service law of the members were a matter of the state. The members of the UVS were not subject to instructions.
The Independent Administrative Senate of the State of Upper Austria has been located in the state capital Linz , Fabrikstrasse 32, since it was founded .
Legal bases
The constitutional basis for the Independent Administrative Senates (UVS) in the federal states was contained in Articles 129a and 129b of the Federal Constitutional Law . The UVS were - as the Administrative Court in Vienna - appointed to ensure the legality of the entire public administration. The UVS were not courts in the sense of the B-VG . They were:
- Tribunals within the meaning of Art. 6 ECHR ECHR and Art. 2 Para. 1 of the 7th ZPEMRK and courts according to the case law of the ECJ.
- Control organs of the administration
- In accordance with Art. 129 b, Paragraph 6 of the Federal Constitutional Law B-VG, the organization of the UVS and the service law of its members were regulated by state laws. For the Upper Austria. Administrative Senate, this was done by the Upper Austria. Administrative Senate Act 1990, LGBl. No. 90/1990.
Conversion into an administrative court
As part of the creation of a two-tier administrative jurisdiction through the Administrative Jurisdiction Amendment 2012 , the Independent Administrative Senates were converted into regional administrative courts on January 1, 2014 .
See also
Web links
- Official homepage of the Independent Administrative Senate (UVS) of the Province of Upper Austria
- Homepage of the Association of Members of the Independent Administrative Senates (VUVS)