Amendment Of The Administrative Court Expenses Replacement Regulation 2014

Original Language Title: Änderung der VwGH-Aufwandersatzverordnung 2014

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8. Ordinance of the Federal Minister of the Constitution and Public Service, which will amend the VwGH Immigration Replacement Ordinance 2014

Pursuant to Section 79 (11), last sentence, of the Administrative Court Act 1985-VwGG, BGBl. No. 10/1985, and Section 4 (5) fifth sentence of the Administrative Court Transitional Justice Act-VwGbk-ÜG, BGBl. I No 33/2013, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 122/2013, shall be arranged:

The VwGH-Aufwandersatzverordnung 2014-VwGH-AufwErsV, BGBl. II No 518/2013, shall be amended as follows:

1. According to § 2, the following § § 3 and 4 are inserted:

" § 3. The appeal proceedings pending before the Administrative Court at the end of 31 December 2013 shall apply:

1.

§ § 48 (1) to (3), (1), (1), (1), (1) and (56) of the VwGG, which are to be applied in accordance with § § 79 (11), last sentence of VwGG, in the version to be applied until the end of 31 December 2013 shall be the rate of the flat-rate amounts to be paid as an immigrant sentence § 1 the VwGH-Aufmigratsatzverordnung 2008, BGBl. II No 455/2008.

2.

The amount of the flat-rate amounts to be replaced in accordance with Section 49 (4) of the VwGG, which is to be further applied in accordance with Section 79 (11), last sentence, VwGG in the version valid up to the end of 31 December 2013 as the residency expenses shall be determined as follows:

The complainant, the competent authority and a co-participant shall, as obsietive parties, have to cover the additional costs of catering and accommodation which are necessary for the stay at the seat of the Administrative Court. (Residence costs) entitlement to a flat-rate flat rate, the amount of which shall be equal to 29.50 euros for 24 hours and to an overnight stay, the amount of which shall be determined in a uniform manner at 50 euros. If the duration of the stay at the seat of the Administrative Court, including the duration of the journey, does not exceed eight hours, the entitlement to a flat-rate flat rate shall only be half-height; if it is less than five hours, there is no entitlement on a flat-rate meal.

§ 4. To those in the proceedings relating to revisions pursuant to § 4 (1) to (3) of the Administrative Court Transitional Justice Act-VwGbk-ÜG, BGBl. I No 33/2013, in the version of the Federal Law BGBl. I n ° 122/2013, as a rate of repayment, and the flat-rate amounts to be replaced as subsisting costs, § 3 shall apply in a reasonable way. "

2. The previous § 3 shall receive the paragraph "§ 5." Paragraph 2 reads as follows:

" (2) § § 3 and 4 and the new paragraph description of the previous § 3 in the version of the BGBl Regulation. II No 8/2014 shall enter into force at the end of the day of the presentation of this Regulation. "

Ostermayer