Act of direct administrative authority to command and enforce
An act of direct administrative authority and coercive power is an Austrian term for measures as a form of sovereign action. Security authorities intervene to maintain public security without any further legal act, such as a decision, being issued beforehand . It is the simplest form of sovereign action, as formal criteria take a back seat in order not to endanger the public interest in security and law enforcement. Corresponding acts are, for example, identity checks or arrests, but only if they are not carried out as the execution of a previous decision. The traceability must also be preserved in the event of an act of direct administrative authority and coercive power.
Legal basis
The legal basis is created primarily by the Security Police Act and a guideline ordinance .
From the directive regulation of the Federal Minister of the Interior :
"Section 1. (1) The organs of the public security service have to perform those tasks within the security administration (Section 2 (2) SPG) that are to be carried out in the context of the executive service, in particular through the exercise of administrative authority and coercive power. In other areas of administration, the organs of the public security service have to perform such tasks on the basis of special legal orders. "
