Austrian Administrative and Administrative-Court Procedure
| Author | Ernst C. Hellbling |
| Date | 01 June 1962 |
| Published date | 01 June 1962 |
| DOI | 10.1177/002085236202800202 |
| Subject Matter | Articles |
Austrian
Administrative
and
Administrative-Court
Procedure
by
Dr.
Ernst
C.
HELLBLING,
Professor
at
the
University
of
Vienna
and
retired
Obersenatsrat
of
the
City
of
Vienna.
UDC
35.077.3
+
351.95
(436)
I
The
administrative
procedure
(1)
(2)
de-
scribed
below
applies
to
the
exercise
of
sovereign
rights
(state
administration)
and
is
followed
by
the
great
majority
of
admin-
istrative
agencies.
Other
administrative
rules
of
procedure,
for
example,
apply
to
fiscal
authorities.
The
rules
of
procedure
are
the
same
whether
the
issue
is
contested
or
not.
If
the
issue
is
not
contested,
however,
the
rules
will
be
applied
by
one
party
only.
1.
The
material
and
local
jurisdiction
of
administrative
authorities
is
determined
by
the
rules
defining
their
jurisdiction
and
the
administrative
rules
of
procedure.
Where
no
other
rules
exist,
the
district
administrative
authorities
are
responsible
for
matters
of
federal
administration
in
the
first
instance;
given
certain
circumstances,
the
federal
police
authorities
may
also
have
jurisdiction
in
such
matters.
The
provincial
governors
are
res-
ponsible
in
the
second
instance.
Material
jurisdiction
of
the
third
instance
is
vested
in
the
Federal
Ministry
of
the
Interior.
In
cases
dealing
with
immovable
property,
local
jurisdiction
is
determined
by
the
location
of
the
property;
local
jurisdiction
in
cases
deal-
ing
with
an
enterprise
or
other
continuous
activity
is
determined
by
the
locality
in
which
such
enterprise
or
continuous
activity
is
carried
on.
In
all
other
cases,
local
jurisdic-
tion
is
determined
by
the
domicile
(Wohn-
sitz),
or
the
legal
address
(Sitz)
in
the
case
of
juridical
persons,
of
the
party
concerned.
In
case
of
doubt,
the
legal
domicile
or
legal
address
of
the
defending
party
or
obligee
is
used
as
criterion.
Lacking
this,
local
juris-
diction
is
determined
according
to
the
usual
residence
of
the
defending
party
or
obligee
or
his
last
domestic
domicile.
If
one
of
the
other
criteria
apply
or
if
there
is
danger
in
delay,
local
jurisdiction
is
determined
according
to
the
location
of
the
cause
for
action.
The
highest
administrative
authority
vested
with
material
jurisdiction
in
the
,case
is
called
upon
to
act
if
jurisdiction
cannot
be
established
by
any
other
criterion.
In
the
case
of
competing
jurisdiction,
co-
ordination
between
the
various
authorities
is
to
be
established.
If
no
agreement
between
them
can
be
established,
jurisdiction
rests
with
the
superior
authority
vested
with
ma-
terial
jurisdiction
over
the
competing
author-
ities,
Each
of
the
competing
authorities
is
to
carry
out
the
action
required
if
there
is
danger
in
delay;
at
the
same
time,
the other
author-
ities
concerned
are
to
be
notified.
Jurisdic-
tional
disputes
are
to
be
decided
by
the
su-
perior
authority
with
material
jurisdiction
over
the
matter
at
issue
(3).
The
rules
stated
earlier
apply,
if
there
is
danger
in
delay.
The
authorities
are
officially
charged
with
observ-
ing
the
rules
of
jurisdiction.
(1)
Important
literature :
Adamovich,
Handbuch
des
Oesterr.
Verwaltungsrechts,
5
I.S.,
pp.
203
foll. ;
Antoniolli,
Allgemeines
Verwaltungsrecht,
pp.
221
foll.,
pp.
279
foll.;
Hellbling,
Kommentar
zu
den
Verwaltungsverfahrensgesetzen,
I;
Herrenritt,
Das
Verwallungsverfahren;
Kimmel,
Oesterr.
Verwaltungsverfahrensrecht;
Mannlicher,
Das
Verwaltungs-
verfahren;
Petrin,
Oesterr.
Verwaltungsrecht,
pp. 211
foll.;
Pfeiffer
in
« Das
oesterr.
Recht
»,
published
by
Heinl-Loe-
benstein-Verosta,
vol.
III/6;
Ringhofer,
Die
österr.
Verwal-
tungsverfahrensgesetze;
Winkler,
Der
Bescheid.
(2)
Legal
text
« Bundesgesetzblatt
fiir
die
Republik
Oesterreich »
(BGBL),
Nr.
172/1950.
Limitations
of
space
prevent
the
consideration
of
differences
and
special
pro-
visions
governing
criminal
administrative
proceedings
and
the
enforcement
of
administrative
decisions.
(3)
If
no
such
authority
of
common
jurisdiction
exists,
the
matter
becomes
one
of
jurisdiction
to
be
solved
according
to
constitutional
principles.
In
most
cases
it
is
to
be
brought
before
the
Constitutional
Court.
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