Rules Of Procedure Of The Administrative Court

Original Language Title: Geschäftsordnung des Verwaltungsgerichtshofes

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1. Rules of Procedure of the Administrative Court

On 16 December 2013, the General Assembly of the Administrative Court decided on the basis of Article 136 of the Federal Constitutional Law and Section 19 of the Administrative Court Act 1985:

Article 1

Line

(For § § 8 and 9 VwGG 1985)

(1) The President may appoint a member of the Court of Justice to the Presidential Board or the Presidential Executive Board for his/her support in the errands of the management of the transactions. He/she can revoke the order at any time.

(2) The President shall determine who shall be responsible for dealing with the movement of parties.

(3) The President/President shall be responsible for the operation of the Office.

Article 2

General Assembly

(On § 10 VwGG 1985)

(1) If the General Assembly is convened to decide on the distribution of business, the Rules of Procedure or the activity report, the President shall submit a draft decision to the President as the basis for the deliberation.

(2) If the General Assembly is convened for decision-making on tripartite proposals for the appointment of members, the President shall have a report/report and one or more reports prepared for the preparation of the deliberations. Co-reporting with co-reporting. If the reports of the reporter/report and the co-rapporteurs, which each have to contain a three-way proposal for each item to be filled, and any other members ' requests for counter-motions, do not find a majority (Article 15 (3) of the VwGG In 1985), the following procedures shall be adopted as follows: firstly, the members shall designate the person who, in the order of their rank, but most recently the chairman, shall designate the person who shall be the appropriate candidate for the first post of the tripartil proposal, or Keep candidate in. The determination of the applicant/applicant to be included in the proposal must be carried out in such a way that the person who has taken the most votes in the course of the survey which has taken place will first be put to the vote. If no majority is achieved, the vote shall be taken on the person who has reached the second highest number of votes in the survey. This procedure should be continued until an applicant receives the required majority. The second and third bodies of each proposal shall be treated in the same way.

(3) The draft decision, the report and the joint reports shall be distributed to all Members of the Court of Justice no later than two weeks before the date of the sitting. These can also be drawn up and distributed in written reports and applications.

Article 3

Report

(On § 14 VwGG 1985)

(1) The report shall draw up a reasoned decision on each decision-making case and shall submit it to the chairman, who shall circulate it to the other members of the Senate. If co-reporting is ordered, the draft report of the report (s) is to be forwarded only to the report (s) and to return it to the report (s) after the report has been reported. The report and the co-report shall then be presented together with the files of the Senate Chairperson, which shall ensure circulation with the other members of the Senate.

(2) Until consultation, any member of the Senate shall be free to submit a written statement to the report or co-report.

(3) The date of the hearing or session shall normally be such that at least one week shall be available for the circulation of the report and, if necessary, the joint reports with the other Senate members.

(4) Simple or urgent cases which can be dealt with without negotiation may also be submitted by the Chairman at the request of the report (s) without complying with the provisions of para. 1 to 3 in the Senate. e advice, but advice is to be held in these cases if a member of the Senate is required to do so.

(5) The Chairman may replace the advice and decision-making in the cases of Section 12 (1) (1) (a), (b), (c) and (f) and Z 2 VwGG 1985 by obtaining the consent of the other members of the Tripartite Council in a circular path, if none of these Members disagree. Consent may only be given in writing.

(6) Apart from the urgent cases, the report has to prescribe the orders, dispositions and decisions taken in accordance with Section 14 (2) VwGG 1985 without the decision of the Senate to the chairman for the purpose of inspection.

Article 4

Consultation and voting

(On § 15 VwGG 1985)

(1) Every counseling of a senate begins with the lecture e of the report/report. According to him, the co-reporters/co-reporting get the word. Reporting/reporting and co-reporting are responsible for the accuracy and completeness of their presentation of the facts and have to conclude their presentations with a reasoned request.

(2) The other members of the Senate, in general in the order in which they have been reported, are given the floor after the report (s) and the co-reporting (s), in general, in the order in which they have been reported, but comments and applications for formal business treatment other than in the series. The chairperson can intervene at any time in the consultation.

(3) The final word is due to the report/report, according to him/her reported co-reports/co-reporting.

(4) Each vocal leader may demand that his or her statements be included in the minutes in the main part. He/she may also endorse a written presentation of his/her presentation of the minutes.

(5) If the law does not specify otherwise (Section 39 (3) VwGG 1985), the Senate can only take decisions if its members have participated in the entire consultation, including a related negotiation.

(6) The questions to be put to the vote and their order shall be determined by the Chairman, but a decision of the Senate is to be obtained if a Member is required to do so.

(7) The vote shall be taken by roll call on all matters not only relating to business treatment, unless there is a clear vote of votes.

(8) The decision taken on a question shall bind all the members in the further consultation and vote.

(9) No member of the Senate shall be entitled to withdraw the votes cast, but the Senate may decide to repeat the vote until such time as the knowledge or decision has been made. If there is a repetition of the vote, any of the votes cast can also make sense, in any other way, than at the time of the first vote.

(10) In the case of findings and decisions, it is appropriate to vote both on the saying and on the grounds for which it is based.

(11) The Chairman may seek advice and decision-making in the Senate in cases where the drafting of an explanatory statement already decided on in its broad guidelines is to be specified by obtaining the consent of the other Replace the vocal chords in the orbidiation path.

(12) The provisions of paragraphs 1 to 11 shall apply mutatily to the consultation and vote of the General Assembly.

Article 5

Records

(§ § 11, 15 and 40 (7) VwGG 1985)

(1) The President shall designate a written guide for the General Assembly and for each Senate and, in the case of a replacement, shall ensure that it is not replaced.

(2) The author shall record the names and functions of the persons present as well as the passage and essential content of the proceedings or deliberations in a transcript in which, in particular, all until the end of the proceedings e the requests for negotiation or advice and all the decisions taken. The minutes of deliberations shall, moreover, have the questions put to the vote in the order in which they were put and the result of the vote. The minutes are to be checked by the secretary after signature/by the chairman-if necessary to improve-and to participate in the completion of the document.

Article 6

Evidence office

(On § 17 VwGG 1985)

(1) The evidence office shall consist of its head, legal staff (staff) and law staff assigned by the President/President.

(2) The evidence office has

a)

to collect the findings and decisions of the Administrative Court, which have been previously and in the future, to be evaluated with regard to the legal opinions contained therein and, in a clear manner, to evaluate the outcome in a corresponding Record documentation;

b)

in the same way, if necessary, for the collection and evaluation of the relevant findings and decisions of the Constitutional Court and of the Supreme Court, and of the written text to be considered;

c)

prepare the documents for the reports to be made by the Head of the Head of the Evidence Office pursuant to Section 17 (2) VwGG 1985;

d)

to reply promptly to all questions referred to in its business area by Members of the Court of Justice; and

e)

from a date to be determined by the President/by the President, and to a date of service to be issued for the Office of Evidence (paragraph 1) 5) to provide information to the Members of the Court of Justice on the relevant case-law and the relevant writing of the Court of Justice on the grounds of concern.

(3) It is necessary to meet bodies which shall be responsible for the participation of the members of the Court of Justice, in particular the members of the relevant Senate involved in the decision-making, in the case of the evidence of the continuous findings and decisions taken .

(4) Members of the Court of Justice may be appointed to assist the Head of the Evidence Office in the control of the collection work.

(5) The details of how the transactions between the individual persons entrusted with the tasks of the evidence bureau and its office are to be distributed, which facilities are to be created, and what requirements the individual business operations in The President has to have a formal request on the proposal of the Head of the Office of the Evidence Office.

Article 7

Publication of findings and decisions

(On § 17 VwGG 1985)

Findings and decisions of the Court of Justice of general importance shall be determined by the members appointed by the President/by the President or by the staff appointed by him/her with the holding of evidence. Court of Justice published in an "Official Collection". If the employees of the collection intend to depart from the formulations of the legal opinions (legal principles) or the legal issues dealt with for the documentation of the evidence office, they shall, in agreement with the Head of the evidence bureau to proceed.

Article 8

Activity Report

(On § 20 VwGG 1985)

The Chairmen shall, on an ongoing basis, make known to the Executive Board/Presidential Executive Board corresponding perceptions which may be considered for the activity report; the other members of the Court shall also be notified of such perceptions. free. The Presidential Board of Management/Presidential Executive Committee shall have a note on the communications.

Article 9

Parties

(For § § 21 to 24 VwGG 1985)

The power to represent a party at a trial shall be expleted at the latest at the beginning of the trial, in so far as the appeal to a given power of atonation is not sufficient.

Article 10

File View

(On § 25 VwGG 1985)

(1) The inspection of files is usually only up to the eighth day of the parties. e open before the trial.

(2) In cases worthy of consideration, the report may, at the request of a party to facilitate the inspection of a federal or state authority or the magistrate of a city with its own statute, be able to submit the files to the files in order to facilitate the inspection of a party. The deadline for the return is to be sent. He/she has to inform the other parties of the consignment. The parts of the file excluded from the inspection shall be retained.

Article 11

Workorder to correct defects

(To § 34 VwGG 1985)

If a revision or a request to remedy defects is returned in accordance with Section 34 (2) VwGG 1985, it is the Revisionswerber/the Revisionswerberin or the Revisionswerberin/Revisionswerberin/ to exempt the applicant, a new set of documents, with resubmission of the republished revision or of the application.

Article 12

Negotiations

(For § § 39 and 40 VwGG 1985)

(1) The negotiations shall, as a rule, be held at least four weeks before the day of the day of the negotiations and shall be made available to the office of the court of Justice.

(2) The report of the report of the report shall include the facts of the administrative procedure or of the administrative court, insofar as it may be relevant to the decision, the requests of the party and the result, for instance, of the following: to reproduce well-maintained elevations. Legal proceedings which are contained in the pleadings of the proceedings before the Administrative Court are to be read only if they come from an absent party or if it requires a party present.

(3) After the presentation of the report of the report/the reporting, the revision advertiser/the revision advertiser or the applicant/applicant/his/her representative his/her representative, then the other parties or their representatives/representatives. If there are several parties, not jointly represented, on one side, the Chairman shall determine the order in which they shall speak. e coming. The parties, or their representatives, must be allowed in the same order to make further comments.

(4) Where a party requires it to uphold its rights, the minutes of the proceedings shall contain in detail certain operations and shall include statements made in the minutes.

(5) In the case of advice that the knowledge or decision is important to circumstances which were not mentioned at the time of the hearing, the hearing shall be resumed for the adoption of the relevant findings.

Article 13

Examination of the contested recognition/decision

(On § 41 VwGG 1985)

The decision on the invitation to be made to the parties when the conditions laid down in Article 41, second sentence, VwGG 1985 are met, to submit their comments on the new grounds which could be decisive for the decision may be taken in any circumstances of the proceedings. , if it is taken at the end of the negotiation, the hearing shall be resumed if the parties do not renounce the resumption.

Article 14

Findings and other leftids

(For § § 14, 42 to 44 VwGG 1985)

(1) The original document of the recognition shall be completed with the date on which it was decided. In the case of round-trip decisions (§ 15 para. 4 VwGG 1985), the day of underproduction by the chairman/chairperson is decisive. In the knowledge, the names of the senate members and the author, the parties, as well as the name and address of the authorized representatives/representatives of the revision advertisers and/or the revision advertisers are also recognized. Applicants/applicants and the parties involved.

(2) The preparation of the recognition shall be incumbable if it is in accordance with the request of the report of the report, otherwise the member of the Senate whose application for a decision has been raised, unless in this case the report shall also be the subject of the report. Judge or with the consent of the chairman to take over another member of the Senate. The author may be used to assist in the drafting of the text.

(3) In the explanatory statement of the knowledge, the facts which are relevant for the assessment of the case shall also be presented.

(4) In its decision-making grounds, if a recognition proves to be based on the rationale of an earlier recognition not published in the Official Collection, the parties shall be entitled to a written copy of the prior recognition referred to; if they request this within two weeks of notification of the recognition in their own cases.

(5) The Chairperson shall review the conformity of the findings with the results of the deliberations and the vote and shall seek to ensure the greatest possible uniformity of form and expression in the findings of the Court. Significant changes in the justification of the findings that the chairman of the senate carries out require the approval of the senate.

(6) If, after the dispatch of the copy of a recognition to a party, a deviation from the recognition of the recognition results from the result of the consultation and vote of the senate or the original of the recognition, the Senate shall decide upon request of a member of the rectification of the copy of the knowledge. The correction of write errors and of such computational errors, which do not affect the knowledge, may also have the approval of the chairman with the approval of the report/report. In order to carry out the rectification, in all cases the copies to be returned to the parties shall be recouped and with a corresponding addition e on the market. If the copies are not submitted, the parties shall be entitled to new copies with the addition of e .

(7) The principles set out in the first and second sentences of the first and second paragraphs of this paragraph, as well as the provisions of paragraphs 2 to 6, shall also apply to decisions ending the proceedings before the Court of Justice.

(8) If the Chairman is prevented from taking the knowledge or decision, the President shall, in so far as this is necessary for the proper conduct of the business, shall have the most senior member of the discerning senates.

(9) If the report (s) or any other member of the discerning Senate is prevented from writing an already agreed recognition or decision in written form, the President shall have the following: in so far as this is necessary for the proper conduct of business, the drafting of the recognition by another member of the discerning senate.

(10) If the author is prevented from doing so, the signature of the author or the author shall be deleted from the original document of the recognition or decision. The copy shall be attached to the note: "The secretary shall be prevented from signing."

(11) All charges are to be made as such by the Court of Justice.

(12) In the case of findings and decisions taken by the Senate, the Secretary of the Secretary of State or the Secretary of State, otherwise the report/report, has to submit a proposal for delivery to the draft of the execution.

Article 15

entry into force

(1) These Rules of Procedure shall enter into force with the day following their presentation.

(2) In so far as the provisions of the VwGG are to be applied further in the version in force on 31 December 2013 before the Administrative Court, the Rules of Procedure of the Administrative Court of 20 December 2013 shall be of the order of 20. Jänner 1965, BGBl. No 45/1965, continue to apply. Article 3 (5) of these Rules of Procedure shall also apply to these procedures.

Jabloners