Administrative Enforcement Act (Austria)
| Basic data | |
|---|---|
| Title: | Administrative Enforcement Act 1991 |
| Abbreviation: | VVG, VVG 1991 |
| Type: | Federal law |
| Scope: | Republic of Austria |
| Legal matter: | Administrative procedural law |
| Reference: | Federal Law Gazette No. 53/1991 |
| Date of law: | January 31, 1991 |
| Effective date: | February 1, 1991 |
| Last change: | February 13, 2013 Federal Law Gazette I No. 33/2013 |
| Please note the note on the applicable legal version ! | |
The Administrative Enforcement Act regulates enforcement in the context of Austrian administrative proceedings by so-called enforcement authorities.
General
Enforcement authorities are the district administrative authorities ( district authorities and magistrates of the cities with their own statutes ) and, in municipalities in which the state police departments are set up as the first instance security authority, these (but only for the enforcement according to the following paragraphs 1 and 2). You must enforce:
- their own notices and those of their superior authorities,
- Notices from other federal, state and local authorities,
- Cash benefits for which the contribution through administrative channels is granted by special regulations ("political execution").
In principle, the slightest means of coercion that still leads to the goal must always be used. Cash benefits may only be compulsorily brought in to the extent that they do not endanger the “makeshift maintenance”.
Cash benefits
The enforcement authority can provide cash benefits
- have it collected through the competent court, which then applies the judicial enforcement order,
- also collect yourself if that is quicker and cheaper.
Execution titles for this are notices or arrears cards (on which the enforceability is confirmed).
If an enforceable decision or arrears ID is available, execution can be obtained without civil litigation, as this is already a title. Legal remedies have no suspensive effect, so appeals can also be enforced.
Other services
- Work performance may enforcement authorities - if that was threatened the obligated before - causing the risk and expense of the debtor.
- If the obligation consists of a toleration or omission or an act that only the obligated party can carry out , this obligation is enforced through coercive penalties. The imminent enforcement act may initially only be threatened. If that does not help, this action must be carried out in the next step and at the same time an even sharper means of coercion threatened.
Provisional injunctions
Provisional injunctions may be issued if there is a risk that the obliged entity could prevent enforcement. Such orders are immediately enforceable.
Vocations
Appeals against enforcement orders are possible, but have no suspensive effect .
costs
The obligated party must bear the costs of enforcement.
