Rules Of Procedure Of The Administrative Court

Original Language Title: Geschäftsordnung des Verwaltungsgerichtshofes

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_II_1/BGBLA_2014_II_1.html

1. rules of procedure of the Administrative Court

The General Assembly of the Administrative Court has decided on 16 December 2013 on the basis of article 136 of the Federal Constitution Act and of section 19 of the Administrative Court Act 1985:



Article 1







Line







(§§ 8 and 9 VwGG 1985)





(1) the President may a member of the Court of Justice to the Executive Board to assist in the care of management transactions / order of the Executive Officer. He/she can cancel the order at any time.

(2) the President shall determine who is the settlement of transactions of the party.

(3) the President controls service operating in the Clerk's Office.



Article 2









General Assembly







(§ 10 VwGG 1985)





(1) shall be convened the General Assembly decision on the allocation of business, the rules of procedure or the activity report, as the President / the President as a basis for advice to submit a draft of the decision has her.

(2) will be convened the General Assembly for decision on three proposals for the appointment of members to the President / the President to prepare the advice to appoint a reporting / a Berichterin and one/one or several fellow reporter/co berichterinnen has. Find the submissions of the th and the Berichterin of fellow reporter/with berichterinnen have to contain a triple proposal for each post to be filled, and any counterproposals of other members no majority (§ 15 ABS. 3 VwGG 1985), is as follows: the members have first in the order of their rank, last but the Chairperson, to name that person, which they hold for the first place of the tripartite proposal as the suitable applicant the appropriate. The discovery of / has the to be included in the proposal applicant/applicant to be carried out in the manner that first the person who has United the most votes in the survey took place, will vote. Distribution will be achieved no majority, is to vote on the person who has attained the second highest number of votes in the survey. This process is to continue until an applicant receives the required majority. For the second and third place in each proposal is to proceed in the same way.

(3) the draft decision, the report, and with reports to be distributed no later than two weeks before the date of the meeting to all members of the Court. This can produce written reports and requests and distribute.



Article 3









Reporting







(§ 14 VwGG 1985)





(1) the reporting / the Berichterin has to work out a reasoned request for decision about each decision ripe case and to present presiding the, which puts him at the other Senate members in circulation. Fellow reporter/co berichterinnen are ordered, the complete design of the th / the Berichterin is to forward only these and pass back by connecting her to report to the reporting / the Berichterin of them. Report and to report are then together with the files to provide the Chairperson of the Senate, who is responsible for the circulation of the remaining members of the Senate.

(2) until the advice may every Member of the Senate, to attach a written statement the report or to report.

(3) the time of the transaction or session is usually so to schedule that stands for the circulation of the report and if necessary with reports for the other members of the Senate at least a week.

(4) simple or urgent cases, that can be done without a hearing, the para 1 to 3 in the Senate can consult Chairman at the request of the th / Berichterin without adhering to the regulations the, but the advice in these cases is to adjourn, if it requires a member of the Senate.

(5) the Chairperson may consultation and decision-making in the cases of § 12 para 1 subpara 1 lit. 1985 by obtaining the consent of the other members of the tripartite Tribunal in the circulation path replace a, b, c and f, and Z 2 VwGG, if none of these members. The approval may be granted only in writing.

(6) except for urgent cases the reporting / the Berichterin has the VwGG 1985 taken orders, decrees and decisions according to § 14 para 2 without a resolution of the Senate to require clearance the Chairman to review.



Article 4









Consultation and coordination







(§ 15 VwGG 1985)





(1) any advice of Senate begins with the lectures of the th / the Berichterin. According to him, the fellow reporter/with berichterinnen get the word. Reporting/Berichterin and fellow reporter/co berichterinnen are responsible for the correctness and completeness of the facts and have their presentations based on a justified request to complete.

(2) after the Herald / the Berichterin and the possible with reporters/with berichterinnen, the other senators get the word, generally in the order in which they sign this, but are the formal treatment of business out of turn to admit to comments and requests. The Chairman can intervene at any time in the consultation.

(3) the final word to the reporting / the Berichterin, after with reporters/with berichterinnen ordered him/her about.

(4) every leader / Director of each voice may request that his or her remarks literally be included in the essential part in the transcript. He/she can connect a written description of his or her versions of the transcript.

(5) the Senate may, if the law does not otherwise determined (§ 39 para 3 VwGG 1985), only then decisions, when its members took part in the around advice, including a hearing related,.

(6) the questions to be voted on, and their order determines the Chairman, but is this a decision of the Senate to catch up, if a member requests it.

(7) on all issues affecting not only the business treatment, is the vote specifically carried out if not voices unison is obvious.

(8) the decision of a question binds all members for further consideration and vote.

(9) no member of the Senate is entitled to revoke the given voice, but may decide the Senate as long as this is not fabricated realization or decision, the repetition of the vote. There will be a repeat of the vote, each leader / Director of each voice can make his or her voice also in another sense than on the first vote.

(10) in the case of knowledge and decisions, it is both the verdict and the reasons to vote.

(11) the Chairperson can replace the advice and decision making in the Senate in cases in which the drafting of reasons already adopted broad closer to set, by obtaining the consent of the other voice Director/voice leaders into the circulation path.

(12) paragraphs 1 to 11 shall apply mutatis mutandis for the consultation and coordination of the General Assembly.



Article 5









Font management







(To sections 11, 15 and 40 para 7 VwGG 1985)





(1) the President has to determine a Secretary a Secretary for the General Assembly and for every Senate and to provide replacement in case of incapacitation.

(2) the Secretary / the Secretary has to hold the names and functions of persons as well as the course and main content of negotiation or consultation in a transcript in which in particular all claims maintained until losing the negotiation or consultation and all decisions are recorded. The transcript of proceedings has also the questions put to the vote in the order in which they were made and the outcome of the vote to exhibit. The transcript is after signature by the Secretary the Secretary by the Chairman to consider - if necessary-to-improve - and mitzufertigen.



Article 6









Evidence Office







(To article 17 VwGG 1985)





(1) the evidence Office consists of his his supervisor, legal employees (officers) as well as by the President / Office personnel assigned by the President.

(2) the evidence Office has



a) to capture the previously issued and in the future with knowledge and decisions of the Administrative Court, to evaluate in terms of legal opinions contained therein, and to hold the result in a clearer way in a corresponding documentation;

(b) where appropriate, in the same way also for the collection and analysis of relevant findings and decisions of the Constitutional Court and of the Supreme Court of Justice, as well as of the relevant literature to provide;

(c) the documents for that of the head / the head of evidence pursuant to § 17 paragraph 2 VwGG 1985 reports to be reimbursed to prepare;

d) all falling within its Division requests from members of the court promptly to answer and e)

from one type to change the President and date to be determined by the President to be adopted for the evidence Office on one in the service statement (para. 5) for a briefing of the members of the Court considering the upcoming case-law and the relevant literature by virtue to ensure.

(3) there are facilities to meet that allow the participation of the members of the Court of Justice, in particular the members of the respective Tribunal, evident attitude of constantly with insights and decisions involved in the decision-making.

(4) to the support of the Director / Head of the evidence offices in controlling the recording work, members of the Court of Justice can be ordered.

(5) the details about how the transactions between the individual tasks of the evidence offices are responsible persons and its branch to distribute, what facilities to create, and to comply with have which requirements the individual transactions in formal terms has to have the President / the President on the proposal of the Director / Head of the evidence offices.



Article 7









Publication of findings and decisions







(To article 17 VwGG 1985)





Findings and decisions of the Court of general interest are published by the Presidents / members entrusted by the President or designated by him / her, concerned with the evident attitude staff/employees of the Court of Justice in a 'official collection'. Intend to leave the editor/editors of the collection of the formulations for the documentation of the evidence offices of legal opinions (law records) or the legal issues, so have in agreement with the supervisor of the Office of evidence to proceed.



Article 8









Activity report







(To article 20 VwGG 1985)





The Chairmen have to announce continuously appropriate perceptions the Presidential Board / the Executive Officer, who come for the activity report into account; appropriate notices are available also the other members of the Court. The releases of the Presidential Board / the Executive Officer has a note before to lead.



Article 9







Parties







(To sections 21 to 24 VwGG 1985)





The power of attorney to represent a party in a negotiation is to identify no later than at the beginning of the hearing, as far as appealing to a granted power of Attorney is not sufficient.



Article 10







Access to the file







(§ 25 VwGG 1985)





(1) the access to the file is open to the parties typically only up to the eighth day before the trial.

(2) in cases worthy of consideration, the reporting / the Berichterin can send the files on request of a party to facilitate the understanding of a body of the Federation or a land or the magistrate of a city with its own statute, setting a time limit for the provision. By sending, he/she has to inform the other parties. The parts of the file excluded from inspection are to be retained.



Article 11







Order to remedy deficiencies







(To § 34 VwGG 1985)





A revision or an application for the remedy of defects according to § 34 paragraph 2 1985 resets VwGG, the revision advertising / the revision holding or the applicant / the applicant to indemnify, to install a new font set under resubmission of deferred inspection or of the application.



Article 12







Negotiations







(Paragraphs 39 and 40 VwGG 1985)





(1) negotiations are to organise at least four weeks before the day of hearing and published on the official notice board of the Court.

(2) the presentation of the th / the Berichterin has from the acts of the administrative procedure or the administrative court apparent facts, as far as he can be for the decision of concern to reflect the amendments of the party and the result of approximately gepflogener surveys. Legal argument contained in the pleadings of the proceedings before the Administrative Court are only to read, if they come from an absent party or a present party demands it.

(3) after the presentation of the th / the Berichterin be the revision referrer / the revision holding or the applicant or be / their representative or his or her representative, then heard the other parties or their agents/representatives. Located on a side several Parties not represented, so he/it Chair determines the order in which they come to words. The parties or their agents/representatives to further statements to allow in the same are necessary.

(4) If a party requires it to defend their rights, are to hold certain operations in detail in the minutes of the proceedings and to literally delivered statements.

(5) reflected in the advice that for the circumstances of importance are realization or decision, which have not been mentioned at the trial, is negotiating to carry out of the corresponding observations to resume.



Article 13







Examination of the contested decision/decision







(To section 41 VwGG 1985)





The decision on which satisfied the requirements of section 41 second sentence VwGG 1985 to prompt the parties to strike, to speak to the new grounds which could be decisive for the decision can; taken in each location of the procedure so he seizes after conclusion of the hearing, the negotiations resume, if the parties do not waive the recovery is.



Article 14







Findings and other errands







(To sections 14, 42 to 44 VwGG 1985)





(1) the original of the decision is to sign in which it was decided the day. Current decisions (§ 15 para 4 VwGG 1985) the day of signing by the Chairperson the Chairperson is decisive. In the knowledge, the names of the members of the Senate and the Secretary / the Secretary, the parties are to lead also the name and address of the authorised representative/representatives of revision recruiter/revision recruiters and applicant/applicants and the involved parties.

(2) the drafting of the decision is whether, if it complies with the request of the th / the Berichterin, this / this, otherwise the Senator, whose Antrag was upgraded to the decision, unless that also in this case the reporting / the Berichterin or with the consent of the / the Chairman takes over another Senate member. The Secretary / the Secretary can be used to help in the drafting of the saying.

(3) in the grounds of the decision is also the facts decisive for the assessment of the case to represent.

(4) refers a realization in its reasons for decision on the grounds of a previous, not published in the official collection decision, make a written copy of the related Vorerkenntnisses to the parties asking this within two weeks of notification of the decision in its own case.

(5) the Chairperson has to check the consistency of the findings with the results of the consultation and coordination, and to promote the greatest possible uniformity of form and expression in the findings of the Court of Justice. Significant changes in the grounds of knowledge that makes the Chairperson of the Tribunal, require the consent of the Senate.

(6) a deviation of recognition issue of the outcome of the consultation and vote of the Senate or of the original of the decision comes out after sending the copy of a decision to a party, the Senate at the request of a member decides to the correction of the knowledge issue. The correction of spelling mistakes and by such miscalculations, which basically do not touch the knowledge, can have also the Chairperson with approval of th the Berichterin. To carry out the correction you are the parties in all cases to recover the copies and to provide with a corresponding additives. The copies are not submitted, the parties new copies with the additives are to deliver.

(7) the principles of paragraph 1 are also decisions to apply that terminate the proceedings before the Court of Justice sentences 1 and 2, as well as of paragraph 2 to 6.

(8) the presiding unable to carry that knowledge or the decision, so the President has is the signing by the senior, in so far as this is necessary for the normal course of business, Member of the discerning Senate.

(9) the reporting / the Berichterin or another Member of the discerning Senate on the incumbent upon him or her written content of a decision already adopted or decision is prevented, as the President has, in so far as this is necessary for the normal course of business, the drafting of the decision by another Member of the discerning Senate.


(10) the Secretary the Secretary is prevented, the signature of the Secretary the Secretary is omitted on the single original of the decision or order. The copy the note to add is: "the Secretary / the Secretary is prevented at the signature."

(11) all transactions are to be those of the Court issued.

(12) the Secretary, the Secretary, or the reporting / the Berichterin has design of the registration findings and resolutions of the Senate, to install an extra available.



Article 15







Entry into force







 





(1) these rules of procedure shall enter into force the day following their publication.

(2) If on proceedings before the Administrative Court continue to apply the provisions of VwGG in force on 31 December 2013 are, the rules of procedure of the Administrative Court of 20 January 1965 is, BGBl. continue to apply no. 45/1965. Article 3 is also on these procedures to apply paragraph 5 of these rules of procedure.

Jabloner