Verwaltungsgerichtsbarkeits Adjustment Law - Justice - Vaju

Original Language Title: Verwaltungsgerichtsbarkeits-Anpassungsgesetz – Justiz – VAJu

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_190/BGBLA_2013_I_190.html

190. Federal law, with the training and Berufsprüfungs credit law, the disciplinary statute for lawyers and trainee lawyer, the EIRAG, the fees entitlement Act, the Court transfer Act, the court fees Act, the notarial regulations, the notary examination law, lawyer order, the lawyer exam law, the experts and interpreters Act, the takeover Act, the Recovery Act 2006, the Federal law on the fees for Verwahrnisse the judicial departments of the custody, the penal system and the property Division law be changed (Verwaltungsgerichtsbarkeits adjustment Act - justice - VAJu)

The National Council has decided:

Table of contents



Article 1 amendment of the training and Berufsprüfungs credit law article 2 amendment of the disciplinary statute for lawyers and trainee lawyer article 3 change of EIRAG article 4 amendment of the fees entitlement Act article 5 change of court bringing law article 6 amendment to the court fees Act article 7 amendment of the notarial procedure article 8 amending the notarial examination Act article 9 amendment of the legal procedure article 10 change of the bar examination law article 11 change of expert and interpreter law article 12 amendment of the adoption Act article 13 change of the Recovery Act 2006 article 14 amendment of the Federal Act about the fees for Verwahrnisse the judicial custody departments article 15 amendment to the Penal Law article 16 change of the real estate law of of Division of article 17 entry into force, transitional provisions, enforcement and personal expressions article 1

Change of training and Berufsprüfungs credit law

The training and Berufsprüfungs credit law, BGBl. No. 523/1987, amended by Federal Law Gazette I no. 141/2009, is amended as follows:

1. paragraph 4:

„§ 4. Against the decision of the Chairman of the Education Committee the right of appeal to the Federal Administrative Court is available to the applicant."

2. in article 8, paragraph 1, the phrase "and the Supreme appeal and Disciplinary Committee" is repealed.

3. in article 8, par. 2, first sentence, and paragraph 3, first sentence, is in the bracket printout respectively the quote ", § 4 ABS. 1" repealed.

Article 2

Modification of the disciplinary statute for lawyers and trainee lawyer

The disciplinary statute for lawyers and trainee lawyer (DSt), Federal Law Gazette No. 474/1990, amended by Federal Law Gazette I no. 141/2009, is amended as follows:

1. in article 7, paragraph 5, the word order is "to inform the President of the Supreme appeal and disciplinary Commission within a month and" lifted.

2. in article 20, paragraph 1, second sentence is replaced by the phrase "the Supreme Court" the phrase "the Supreme appeal and Disciplinary Committee".

3. in article 25, paragraph 1, second sentence is replaced by the phrase "the Supreme Court" the phrase "the Supreme appeal and Disciplinary Committee".

4. in article 25, para. 3, first sentence is replaced by the phrase "the Supreme Court" the phrase "the Supreme appeal and Disciplinary Committee".

5. in article 26, paragraph 5, second sentence is replaced by the phrase "Supreme Court" the phrase "the Supreme appeal and Disciplinary Committee".

6. in article 29, paragraph 2, second sentence is replaced by the phrase "Appeal to the Supreme Court" the word "Idea".

7. in article 29, paragraph 2 the last sentence is replaced by the word "Complaint" the word "Idea".

8. in article 29, paragraph 3, the word "Idea" is replaced by the word "Complaint".

9. in article 35, second sentence is replaced by the phrase "the Supreme Court" the phrase "the Supreme appeal and Disciplinary Committee".

10. in article 46, second sentence is replaced by the phrase "the Supreme Court" the phrase "the Supreme appeal and Disciplinary Committee".

11. in section 48 para 2 second sentence is replaced by the phrase "the Supreme Court" the phrase "the Supreme appeal and Disciplinary Committee".

12 second sentence is paragraph 49:

"The submission of new facts and the use of new evidence is admissible, except that they were the appeal advertisers known already at the latest at the time of the conclusion of evidence in proceedings before the disciplinary board, or had to be known and not as oversight only lesser level due to it it is, that he by this did not use."

13. in article 50, paragraph 1 first sentence, the phrase "when the Supreme appeal and disciplinary Commission" be replaced by the phrase "at the Supreme Court" and the bracket expression "(§ 63 Abs. 3)" repealed.

14. in paragraph 52, first sentence is replaced by the phrase "The Supreme Court" the phrase "The Supreme appeal and Disciplinary Committee".

15 second sentence is repealed section 52.

16. in article 52 the last sentence is replaced by the phrase "The Supreme Court" the phrase "The Supreme appeal and Disciplinary Committee".

17 § 53 is repealed.

18 paragraph 54 paragraph 2:

"(2) if that is flawed survey of the facts or the procedure, so that it must be entirely or partially reviewed or supplemented, and makes the Supreme evidence and procedure supplements not even Court still make leaves (§ 52), he has wholly or in part to raise the knowledge of the disciplinary board and to remit the case for renewed negotiations and decision to the extent of the repeal to the Disciplinary Committee."

19. in § 54 para 3 first sentence the phrase "the Supreme appeal and disciplinary Commission" is replaced by the phrase "the Supreme Court".

20. in article 54, paragraph 3, second sentence is the word "You" replaced by the word "He".

21. in article 54, paragraph 4, the phrase "the Supreme appeal and disciplinary Commission" is replaced by the phrase "the Supreme Court".

22. in article 56, the phrase "the Supreme appeal and disciplinary Commission" is replaced by the phrase "the Supreme Court".

23. the heading of the seventh section is as follows:

"Seventh section

Active are of the Supreme Court of professional and disciplinary matters of lawyers and trainee lawyer"

24 paragraph 59:

"The functions assigned to the Supreme Court under this Federal Act are section 59 (1) of this in Senates do, which consist of two judges and two judges chosen from a lawyer standing (law judges); the allocation of business (section 13 of the Federal law of June 19, 1968 on the Supreme Court - Supreme Court law) can also stipulate that therefore only a Senate is formed. The judges (§ 13 ABS. 1 Supreme Court law) and Attorney judges may include, where appropriate, also several Senates.

(2) the lawyer judges are independent in the exercise of their duties. You are the powers associated with the Office of judge in full.

(3) the lawyer judges are elected by the lawyers by all members of the Chamber for six calendar years. A recent appointment or re-election is permitted. The lawyers have to share the outcome of the election day Austrian Bar Association and the President of the Supreme Court and to publish immediately and publicly available in the Internet on the website of the Chamber of lawyers.

(4) only lawyers who are registered for at least ten years in the list of lawyers of a bar association are can be selected. A lawyer judge may not also be member of the Committee or the disciplinary board, board attorney or Deputy of advocate of Chamber a Chamber of lawyers.

(5) In addition, the provisions for the disciplinary board (§§ 7, 11 and 13) apply to the eligibility of the law judge for the electoral process and the rejection, back laying as well as the termination of the Office mutatis mutandis. A lawyer judge resigns during the term, a new lawyer judge in the next plenary session is so for the remainder of the term to choose."

25. in article 60, first sentence is inserted after the quote "section 12" the word "mutatis mutandis".

26 second sentence is lifted § 60.

27 first sentence in § 61 is lifted the phrase "the Supreme appeal and Disciplinary Committee".

28. Article 62 shall be repealed.

29 paragraph 63:

"The transactions to be completed by the Supreme Court under this Federal Act are section 63 (1) in the allocation of business (§ 13 Supreme Court law) for the duration of next year under the Senate (section 59 paragraph 1) to be formed to distribute."

(2) a judge presides in the Senate. A lawyer judge of the Senate should belong to the scope of those lawyers as possible, who were elected by the Chamber of lawyers of the accused."

30 paragraph 64:

"article 64. In addition to § also the exclusion of § 26 para 1 is 43 StPO on the judge and lawyer judge to apply Z 1. Excluded is also, who has collaborated in the previous proceedings as a agent of Chamber of or representative of otherwise involved."

31 paragraph 65:


"Section 65 (1) the Supreme Court and the 3supreme during their active are in professional and disciplinary Affairs of lawyers and trainee lawyer after this federal law arising costs shall be borne by the Austrian day of Chamber of lawyers."

(2) these costs, which also includes the actual expenses for personnel and infrastructure is one and has every year for the previous calendar year to announce that the Federal Minister of justice the Austrian Rechtsanwaltskammertag, are to replace the federal payment to the Federal Minister of Justice. "The payment has until September 30 of the calendar year in which the costs incurred are to be carried out next year."

32. in article 67, paragraph 1, the phrase "the Supreme appeal and disciplinary Commission" is replaced by the phrase "Supreme Court".

33. in article 67, paragraph 2, second sentence is replaced by the phrase "Supreme Court" the phrase "the Supreme appeal and Disciplinary Committee".

34. Article 72 is repealed.

35. in section 78 para 1 third sentence is lifted the phrase "and the Supreme appeal and Disciplinary Committee".

36. According to article 79, first sentence is inserted the following sentence:

"The provisions relating to the documentation of the decision Justice (§ 15 Supreme Court law) shall remain unaffected."

Article 3

Change of EIRAG

The Federal law on the free movement of services and the establishment of European lawyers and lawyers, as well as the provision of legal services by international lawyers and attorneys at law in Austria, BGBl. I no. 27/2000, as last amended by Federal Law Gazette I no. 68/2008 is amended as follows:

1. in article 7, paragraph 1, the phrase "the Supreme appeal and disciplinary Commission" is replaced by the phrase "the Supreme Court".

2. in article 13 Z 1 will turn ", the Supreme Berufungs and disciplinary Commission as well as to the" by the phrase "as well as to the Justice of the law or" replaced.

3. in article 17, paragraph 1, the phrase "the Supreme appeal and disciplinary Commission" is replaced by the phrase "the Supreme Court".

Article 4

Amendment of the fees entitlement Act

The charges claim Act, Federal Law Gazette No. 136/1975, amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1. § 20 para 1 first and second sentences are replaced by the following records:

"The fee is justice administrative action by the head of the Court to determine, before the taking of the evidence took place or should take place. This has also to decide the granting of an advance. Insofar as it is not a witness invited from abroad, the head of the Court may entrust an appropriate employee of the Court with the implementation of the procedure and empower him to decide on his behalf. "Also in this case the power comes to the issue of an appeal decision (§ 14 VwGVG) to the head of the Court."

2. According to § 20 para 3 the following paragraph 4 is added:

"(4) insofar as nothing else is arranged in this federal law, the AVG and the §§ 89a are on the procedure until 89i GOG to apply."

3. § 22 para 1 first sentence reads:

"Against the decision on the fee to the witness and under the conditions of § 21 para 2, the persons mentioned therein raise appeal to the Federal Administrative Court."

4. in article 22, paragraph 1, the third and fourth movements are lifted.

5. in article 22, paragraph 2, first sentence, are the point with a semicolon replaced and the following inserted half-sentence:

"Paragraph 1 shall apply mutatis mutandis."

6. in article 22, paragraph 2, the second and the third sentence be lifted.

7 paragraph 22, section 3:

"(3) against the decision on the appeal the collection an appeal to the administrative court entitled to even the Auditor (article 133 paragraph 8 B-VG)."

8 first sentence reads § 23a:

"The provisions of II. section are on witnesses by the prosecution (section 103, paragraph 2 StPO) apply subject to the proviso, be heard that in the place of the head of the Court, the Director of public prosecutions or, if in individual cases the hearing by the Chief State Prosecutor is done or should be done - is the head of the Chief State Prosecutor."

Article 5

Change of court bringing law

The Court transfer Act (GEG), Federal Law Gazette No. 288/1962, as last amended by Federal Law Gazette I no. 1/2013, is amended as follows:

1. paragraph 1 Z 2:



"2. fines of any kind, imposed by the courts (except in the discipline of lawyers and candidate attorneys at law), or whose bringing responsibility the courts according to special regulations, between courts and judicial authorities imposed order and courage will penalties, as well as by the courts for lapse declared amounts of money;"

2. paragraph 6 is together with the heading:

"Jurisdiction

6. (1) the authority responsible for the notices of payment due of to be applied pursuant to section 1 amounts from proceedings that are pending at the time of the notices of payment due of amounts in the first instance or last in first instance (basic method), as well as related to their contribution to decide on other applications, including applications for repayment were pending (§ 30 GGG) and objections is according to § 35 EO,



1. the President of the Court of first instance for amounts of basic procedure in his court or the district courts subordinate to him;

2. the President of the Court of first instance, in Vienna and Graz but the President of the regional court for criminal matters, including amounts of basic procedures at the public prosecutor's Office or prisons in the jurisdiction of his court.

3. the President of the higher regional court for amounts of basic procedures and appeal procedures against decisions of administrative authorities at his higher regional court or at the Chief State Prosecutor in his district;

4. the President of the higher regional court of Vienna for amounts of basic procedures and appeal procedures against decisions of administrative authorities in the Supreme Court and the Central Public Prosecutor's Office to the pursuit of economic criminal cases and corruption;

5. the Federal Minister for Justice for amounts of basic procedures at the Federal Ministry of Justice;

6 departments, whose firm shops are worried by a court, the President, who is responsible for the amounts of basic procedure of that Court, there are as far as no special provisions.

(2) the authority referred to in paragraph 1 may authorize the head of the business departments or other appropriate officials of your own or the Department leading the basic procedure to adopt decisions (mandate letters) without previous investigation on behalf of the Authority (cost civil servants). To the extent they are directly subordinate to the service and technical supervision of the Agency. Against a decision adopted by the officials of the costs is only the appeal of the idea (§ 7 para 1) allowed. a teaching about it and about the fact that the notice was issued by the expenses officer on behalf of the authority, must be provided in the notification."

3. § 6a is together with the heading:

"Notices of payment due to transferring amounts

§ 6a. (1) that are not immediately paid to transferring amounts pursuant to section 1 (§ 4 GGG) or the confiscation remained unsuccessful, then they are by ruling to determine (payment orders). The payment order has a list of the sums owed and the prompt to contain, to pay the amount within 14 days of any other execution. A collection fee of 8 euros is the debtor at the same time to impose. The payment order is an execution title in the sense of the execution order.

(2) before issuing a payment order, the payer can be prompted to pay (direct debit display) that have become due fees or charges within 14 days. A display of direct debit should be especially if the payment of the amount can be expected. In the cases of § 31 para 1 GGG may a direct debit display only be issued, if due to the circumstances it can be assumed that the failure fee only on lack of legal knowledge of the debtor is due."

4. According to section 6a of the, the following paragraph 6 is inserted b together with heading:

"Procedure

b (1) unless otherwise provided for in this federal law, are the provisions of GOG with the exception of section 91, paragraph 6 for the procedure for the introduction and subsidiary of AVG to apply. No imprisonment can be imposed for recovery an order and courage will sentence.

(2) notices must be issued in writing. The authority is bound by a decision, as soon as he is given off to the copy. Deliveries are to make CCP according to §§ 87 to 115 and 121 §.

(3) on participants and their representatives are the provisions of the basic procedure to apply. Subject to the delivery of payment orders, no. 2 used the transfers of amounts referred to in paragraph 1, the power of representation in the basic procedure also applies to the insertion procedure, as long as the representative tells not the termination of the authority of the authority.


(4) in the procedures for the introduction of judicial administrative action neither the existence nor the legality can be verified one principle and the obligation to pay the amount already legally established in the basic procedures."

5. § 7 is together with the heading:

"Imagination and correction

7. (1) who stands out the contents of a mandate decision, by a cost officials (§ 6 par. 2) called the authority was issued, deemed adversely affected may charge within two weeks of conception to the authorities (§ 6 para 1). In the appeal of the decision of the mandate can be arranged too, that the idea of the Department leading the basic procedure to introduce is; in this case, transfers the authority applies but according to § 6 para 1 in due time.

(2) suspensive effect comes to the presentation. The authority is bound in its decision about the idea to the requests of the party, but can change the decision of cost officials to the detriment of the debtor.

(3) writing and miscalculation or comparison thereof that, apparently on a mistake or apparently only on the technically defective operation of an automation-supported computer based inaccuracies in the notification may be corrected at any time by virtue. As well, the authority or cost official authorized pursuant to section 6 para 2 to may waive payment orders, which were issued by mistake or which have proved to be inaccurate because now received payment.

(4) the Federal Minister for Justice may officio repeal incorrect decisions in the procedure for the transfer or change, after expiration of the Statute (article 8), as well as decisions on the imposition of a regulatory or courage will sentence but only in favour of the debtor.

(5) a decision on the contribution depends on the outcome of a tax, so the decision can be; used to the final completion of this procedure at the same time, the decision period is interrupted until then.

(6) in the same way, a decision on the introduction of General may be suspended because of a same or similar rights before a court, a procedure is pending, the outcome of which is essential for the decision, while not predominant interests of the party oppose the suspension.

(7) the procedure is free of charge."

6 paragraph 7a shall be repealed.

7. in article 8, paragraph 1, the word "Procedure" is replaced by the word "Basic procedure".

8. in section 8, paragraph 2, the point replaced with a semi-colon and following half sentence added:

"The duration of an appeals procedure is case in the limitation time not to be expected."

9. in article 9, paragraph 3, the third movement is repealed.

10. in § 9 para 4 replaced the quote "par. 1 and 2" by the quote "para 1 to 3", lifted the two last sentences, and appended the following records:

"The Minister decides on requests for deferral and discount amounts from basic procedures at the Federal Ministry of Justice for justice. On the proceedings are instigated and inheritance are 6 b, apply by analogy to § 7 para 3 to 7."

11. in section 11a, the phrase "Costs officials of courts" is replaced by the phrase "Authority pursuant to section 6".

12 section 14 is repealed.

13 section 15 is repealed.

14. the section 19a be added following paragraph 11 to 13:

"(11) § 1 Z 2, §§ 6 and 7, article 8, paragraph 1 and 2, article 9, para. 3 and 4 and § 11a in the version of Federal Law Gazette I no. 190/2013 with 1 January 2014 into force." The sections 7a, 14, and 15 are at the end of 31 December 2013 override.

(12) against the decisions of of introduction of under this federal law as amended by Federal Law Gazette I no. 190/2013, that before the end of 31 December 2013 fared (approval date) are, however only be delivered after the expiry of the 31 December 2013, may the party with which the decision is notified only after the expiry of the 31 December 2013, as follows take the appeal:



1 an ordinary appeal was against such a decision, as paragraph 1 shall be brought within four weeks complaint in accordance with article 130 1 B-VG to the Federal Administrative Court Z. Verwaltungsgerichtsbarkeits transition Act, for which to extend the appeal period until 29 January 2014, is such a complaint and file a complaint pursuant to section 3 para 1 of according to § 6 para 1 as amended by Federal Law Gazette I to bring no. 190 / 2013 competent authority, which may adopt a preliminary appeal decision VwGVG in accordance with § 14.

2. was against such a decision a complaint pursuant to article 130 paragraph 1 lit. a B-VG in force until the expiry of the 31 December 2013 amended at the administrative court allowed, so can six weeks in by analogy with application of article 133 paragraph 1 Z 1 B-VG review in the administrative court levied.

3. a complaint pursuant to article 144 was against such a decision paragraph 1 B-VG in force until the expiry of the 31 December 2013 amended at the Constitutional Court allowed so complaint pursuant to article 144 can be raised within six weeks from para. 1 B-VG at the Constitutional Court.

Each decision, approved at the end of September 30, 2013, shall contain a reference to these legal consequences.

(13) the decision of an authority of of contribution, which was responsible with the end of 31 December 2013 for the issuing of this notice, which with 1 January 2014 but not more is responsible, happened before the expiry of the 31 December 2013 (approval date), and this opinion not valid made to the party until the end of June 30, 2014, the decision taking into account occurs this party by law due to override. The jurisdiction to continue at the insertion authorities under this federal law as amended by Federal Law Gazette I no. 190 / 2013 at the end of 31 December 2013 pending or have become again pending appeal is in accordance with article 151 paragraph 51 Z 8 B-VG as amended by Federal Law Gazette I no. on; 51/2012 on the Federal Administrative Court in procedures were launched until the end of 31 December 2013 of the cost officials deciding No. 190 / 2013 competent authority; after the expiry of the 31 December 2013 pursuant to section 6 para 1 as amended by Federal Law Gazette I "this authority will decide in any still or again in first instance proceedings and about the resumption of and the restitutio in integrum in such procedures."

Article 6

Amendment to the court fees Act

The court fees Act, Federal Law Gazette No. 501/1984, as last amended by Federal Law Gazette I no. 15/2013, is amended as follows:

1. in article 2 No. 1 is the lit. following j lit. k added:



"(k) for the lit in the collective post 13a. a stated appeal two weeks after the receipt of the appeal at the higher regional court of Vienna; in the collective post 13a lit for the. b appeal indicated to (d) two weeks after the receipt of the appeal, the Court of appeal;"

2. in article 4, paragraph 3, second sentence is replaced by the phrase "Providing" the phrase "by providing".

3. in article 7, paragraph 1, of the bracket expression is Z 1a:

(Note 1a to the TP 2, TP 3 Note 3 to 13 TP, TP 12a and TP 13a)

4. in article 21, paragraph 4, the phrase is "in the article 6 par. 1 GEG 1962 stated amount" is replaced by the phrase "8 euro".

5. paragraph 30 para 3:

"(3) the refund authority has Gaither according to § 6 paragraph 1 on its own initiative or at the request of the party who has paid the fee, to have; Section 6, paragraph 2 shall apply mutatis mutandis GEG. As far as but the repayment claim proves not entitled, he is by the authority with notice to reject."

6. in section, the second movement is eliminated 30 paragraph 3a.

7. in the tariff post 1 the following sentence is added in note 2:

"Injunctions procedure for the issue of according to the sections 382 b, 382e and 382 g EO apply no charges after tariff post 1."

8. in the tariff post 2 Note 1a is as follows:

"1a. the flat-rate fee is according to tariff post 2 for procedure of second instance on the issue of interim measures payable; in this case, the flat-rate fee is reduced according to tariff post 2 on half. Injunctions procedure for the issue of according to the sections 382 b, 382e and 382 g EO apply no charges after tariff post 2."

9. in the tariff post 3 Note 1a is as follows:

"1a. the flat-rate fee is according to tariff post 3 payable for proceedings third instance on the issue of interim measures; in this case, the flat-rate fee is reduced according to tariff post 3 to half. Injunctions procedure for the issue of according to the sections 382 b, 382e and 382 g EO apply no charges according to tariff post 3."

10 according to the tariff post 13, following collective post 13a together with heading shall be inserted:

"VA. Appeals against decisions of administrative authorities



Collective post





Subject





Amount of fees







13A







a. flat-rate charges for following appeal procedures against decisions of the Patent Office:



1. appeal procedures against decisions of the technical department and the Appeals Department of the Patent Office i. in ex parte proceedings ii.

in inter partes proceedings



355 euro

505 euro







 







2. revision appeal procedures against decisions of the higher regional court of Vienna in the procedures of Z 1



680 euro







 







3. appeal procedures against decisions of the nullity Division of the Patent Office



680 euro







 







4. revision procedure and appeals procedure within the meaning of section 519 Z 2 ZPO against decisions of the higher regional court in the procedure after no. 3



1,000 euro







 









5.



Appeal procedures against decisions of the nullity Division of the Patent Office







380 euro







 







6 revision appeal procedures against decisions of the higher regional court of Vienna in the procedures of Z 5



510 euro







 







b. flat-rate fees for appeals against decisions of the Committee of the Chamber of lawyers in accordance with § 5a, section 30, paragraph 4, and section 34 paragraph 3 RAO



500 euro







 







c. flat-rate fees for appeals against decisions of the Chamber of notaries in accordance with section 117a subsection 4 and section 118a para 3 No.



350 Euro







 







d. flat fees for appeals against decisions of the Swiss takeover Board in accordance with section 30a of the Austrian takeover



16 000 euro





Comments

1. in addition to the lump-sum fee according to tariff post 13a in proceedings of second and third instance, no additional court fees are payable.

2. the licence fee obligation is not affected by the outcome of the proceedings. She doesn't go out also then, if it is not decided on the appeal.

3. the flat-rate fee for the appeal to the Supreme Court of Justice is without pay due to the fact, whether it is an ordinary or an extraordinary appeal.

4. If the appeal advertisers due to legal aid, or for other reasons (§ 10) by the payment of fees is free, so the opponent to pay these fees is obliged, in bilateral or multilateral procedures as far as him the costs of the appeal are imposed or where he has assumed the costs by comparison. In case of doubt the half of the fee is to lift."

11. in article VI, 54 is appended following Z:



"54. Note 2 to 1, the note 1a to the tariff post tariff post 2 and the note 1a to the collective post 3 in the version of Federal Law Gazette I no. 190/2013 with 1 July 2013 into force and shall apply if the typesetting triggering the fees after 30 June 2013 Court received or is the beginning of the transcript after that date." Article 2 subpara 1 lit. k, article 7, paragraph 1 Z 1a, § 21 para 4, § 30 para 3 and 3a, and the collective post 13a in the version of Federal Law Gazette I no. 190/2013 with 1 January 2014 into force. Rate post 13a is appeal not to apply, where the appeal is received before 1st January 2014 with the authority. "§ 31a is that with the Federal Act Federal Law Gazette I no. 190 / 2013 newly created or modified fees was to the proviso to apply, that basis published each for the realignment for March 2011 final index number of the of the Federal statistics 2000 is Austria of suggested consumer price index, where the initial realignment has only to be carried out if exceeded the threshold value of the § 31a for the second time."

Article 7

Amendment of the notarial procedure

The notary's right, RGBl. No. 75/1871, last amended by Federal Law Gazette I no. 104/2011, is amended as follows:

1. in article 5, paragraph 1, first sentence is inserted after the word "Authorities" the phrase "and administrative courts".

2. in article 21, paragraph 4, the phrase is "the President of the" replaced by the word "The".

3. in section 36c paragraph 3 the phrase "the independent administrative Senate" by the phrase "the Federal Administrative Court" and the quote are fourth movement "section 67 c AVG" by the quote "sections 7 and 9 VwGVG" replaced.

4. in section 117a subsection 4 the last sentence is replaced by the phrase "at the High Court as the service Court (article 183 paragraph 3)" the parenthetical expression (§ 138).

5. in Article 118a, paragraph 3, second sentence is replaced by the phrase "at the High Court as the service Court (article 183 paragraph 3)" the parenthetical expression (§ 138).

6 § 125 ABS. 4 Z 6 is repealed.

7 § 132 paragraph 3, second sentence, shall be repealed.

8. in article 134, par. 2, Z 11 repeals "the choice of Chamber advocate and his Deputy (article 168)," turn.

9 paragraph 137 paragraph 2:

"Are reserved for (2) the decision of the Chamber but in all cases



1 decisions in disciplinary matters, 2. in § 6 para 4, § 13, § 21, section 22, section 23, § 31, article 35, paragraph 2, article 95, para. 3, § 97 para 2, § 103 para 2, § 132 paragraph 3, § 134 para. 2 Z 7, 11, 12, 13 and 15, and article 146, paragraph 3 specified Affairs, 3. the proposals for the appointment of notarial positions and 4 providing opinions on ability and use of notaries and notary candidates , where the Chamber of notaries in the cases of the Z 2, in which a letter-shaped completion is issued, can entrust the President with performing the procedure and authorize him on their behalf to decide; "in such a case the authority comes to issue a preliminary appeal decision (§ 14 VwGVG) Chamber of notaries to."

10 paragraph 138:

"§ 138. as long as nothing else is determined by law, are pursuant this law decisions (decisions and orders) by means of appeal to the Administrative Court of the land appeal."

11 § 141b paragraph 3, second sentence, shall be repealed.

12 § 141 para 1 is as follows:

"The Standing Committee has § 141. (1) to get the current business, so far as they are not taken care of the President."

13. in article 141, paragraph 2, the third be lifted until fifth set.

14. in article 141 para. 3, first sentence, is the phrase ", except that it is an appeal (appeal) against a decision of a Chamber of notaries" repealed.

15. in the heading of the x. main piece II. section, the phrase "and the appeal Senate order criminal" is repealed.

16. in article 164, paragraph 1, the phrase "and the appeal Senate in order criminal matters" will be repealed in the introductory phrase.

17 § 164 para 1 No. 4 is repealed.

18. in article 164, paragraph 2, first sentence is the twist ", a member of the Chamber of notaries or a member of the appeal Senate order criminal" by the phrase "or a member of the Chamber of notaries" replaced.

19. in article 164, paragraph 3, the phrase is repealed "in terms of its members and of the investigation Commissioner, the appeal Senate in order criminal matters with regard to its members".

20 paragraph 167:

"§ 167. (1) against the decision of the Chamber of notaries, which contains a guilty verdict, is entitled to the transferring at the Chamber of notaries to appeal of the appeal at the High Court as the disciplinary court for notaries the accused. On the procedure before the Court of appeal as a disciplinary court, the provisions of III. are to apply section with the proviso that no other instance is open against the decision on the appeal or complaint pursuant to paragraph 3.

(2) the appeal period is 14 days; It may not be extended. It begins with the day after the delivery of the notification to fencing. The beginning or the running of the period is not inhibited by Sundays and holidays. The end of the period on a Saturday, Sunday, public holiday, good Friday or December 24, falls the next day is not, one of these days is to be regarded as the last day of the period. The days of the post run are not included in the period.

(3) in good time any appeals have suspensive effect. Late or inadmissible appeals must be rejected by the Chamber of notaries. Against the rejection of an appeal as belated or inadmissible the accused is the appeal to the Court of appeal as a disciplinary court for notaries.

(4) in addition are not countervailable. the decisions of the Chamber of notaries in the proceedings for breaches of State duty"

21 section 168 shall be repealed.

22. in article 169, paragraph 1 first sentence is lifted the phrase "or before the appeal Senate order criminal".

23. in article 171, paragraph 2, second sentence is lifted the twist ", Chamber lawyer, Deputy of the Chamber advocate or member of the appeal Senate order criminal".

Article 8

Amendment of the notarial examination Act

The notary examination law, BGBl. No. 522/1987, amended by Federal Law Gazette I no. 111/2007, is amended as follows:

1. in paragraph 8, first sentence is replaced by the phrase "Appeal to the Federal Administrative Court" the phrase "Appeal to the Federal Minister of Justice".

2. the last sentence shall be repealed § 8.

Article 9

Amendment of the legal procedure

The lawyer right, RGBl. No. 96/1868, last amended by Federal Law Gazette I no. 54/2012, is amended as follows:

1. in Article 5a, paragraph 1 first sentence the phrase "the Supreme appeal and disciplinary Commission" is replaced by the phrase "the Supreme Court".


2. in Article 5a, paragraph 1, second sentence is replaced by the phrase "four weeks" the twist "14 days".

3. in the introductory phrase of section 5a paragraph 2, the phrase "the Supreme appeal and disciplinary Commission" is replaced by the phrase "the Supreme Court".

4. in section 5a paragraph 2 No. 1, the phrase "The Supreme appeal and disciplinary Commission" is replaced by the phrase "The Supreme Court".

5. § 5a paragraph 2 No. 3 is:



"3. in addition, the section are up to 52, 54, 55, 57 and 58 DSt and secondarily apply by analogy to the provisions of the AußStrG § 49, as far as their application with the principles and characteristics of the registration procedure is compatible."

6. in section 8c paragraph 3 the phrase "the independent administrative Senate" by the phrase "the Federal Administrative Court" and the quote are fourth movement "section 67 c AVG" by the quote "sections 7 and 9 VwGVG" replaced.

7 according to § 23 para 5, the following paragraph 6 is added:

"(6) as far as nothing else is determined by law, pursuant to this law decisions by means of appeal to the Administrative Court of the land shall lie."

8 in section 24 para 2, the phrase "the Supreme appeal and disciplinary Commission" is replaced by the phrase "the Supreme Court".

9. in article 26, paragraph 2, first sentence, is the phrase "in departments to do" by the phrase "for the Committee by one of its divisions to do, as far as this is possible without conducting an investigation" replaced.

10 paragraph 26 para 5:

"(5) against the decision taken by a Department of the Committee presentation to the Committee may be brought within 14 days after delivery of the decision."

11. in article 30, paragraph 4 first sentence the phrase "the Supreme appeal and disciplinary Commission" is replaced by the phrase "the Supreme Court".

12 § 30 paragraph 4 last sentence reads:

"Article 5a, paragraph 1 is last sentence and paragraph 2 to apply."

13. in article 34, paragraph 3, first sentence is replaced by the phrase "the Supreme Court" the phrase "the Supreme appeal and Disciplinary Committee".

14. in article 34, paragraph 3, last sentence is the quote "section 5a paragraph 2" by the quote "section 5a paragraph 1 the last sentence and paragraph 2" replaced.

15. in Article 45a, the phrase 'the independent Administrative Senates in the countries' is replaced by the phrase "administrative courts".

16 section 56a subsection 5 is as follows:

"(5) the flat-rate compensation is referred to in paragraph 2 to wear, and the shares to determine in the proportion of attributable to the respective administrative court orders to the total number of these orders proportionally by the Federal Government and the laender. The countries have to replace the Federal the relating respectively to share at the latest on 31 March of the year following the calendar year in which the payment is made by the Federal Government pursuant to par. 2."

17 in section 58, the phrase is "Administrative Court complaint in accordance with article 131 B-VG" through the turn "a revision of the Administrative Court in accordance with article 133 paragraph 1 Z 1 B-VG" replaced.

Article 10

Change of the bar examination law

The lawyer exam law, BGBl. No. 556/1985, amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1. in paragraph 8, the phrase "Appeal to the Supreme appeal and disciplinary Commission" is replaced by the phrase "Appeal to the Federal Administrative Court".

2. second sentence is lifted § 8.

Article 11

Change of the experts and interpreters Act

The experts and interpreters Act, Federal Law Gazette No. 137/1975, as last amended by Federal Law Gazette I no. 30/2009 is amended as follows:

1 § 4 para 3 last sentence reads:

"The application for registration is to decide with notice."

2. § 6 para 2 last sentence reads:

"The application for recertification is to decide with notice."

3. paragraph 11:

"section 11. "Against the decision, with which the application for registration or recertification ab - or rejected or deprived of the property generally sworn and court-certified expert is, the appeal to the Federal Administrative Court is entitled to."

4. after section 16 d, 16e the following section shall be inserted:

"§ 16e. § 4 para 3, § 6 section 2 and section 11 in the version of Federal Law Gazette I no. 190/2013 with 1 January 2014 into force and apply in the version of Federal Law Gazette I no. 190/2013 on all open after 31 December 2013 requests and decisions."

Article 12

Amendment of the adoption Act

The takeover Act, Federal Law Gazette I no 127/1998, as last amended by Federal Law Gazette I no. 1/2010, is amended as follows:

1 § 30 par. 1 the last sentence shall be repealed

2. § 30 para 2 first sentence reads:

"The proceedings before the Swiss takeover Board is the AVG to lead; in the oral proceedings the §§ 24 and 25 are apply by analogy to VwGVG."

3. According to article 30, the following article 30a together with heading shall be inserted:

'Appeal proceedings

section 30a. (1) decisions of the Swiss takeover Board can be challenged by appeal to the Supreme Court; Bringing a complaint to the Federal Administrative Court is inadmissible. Procedure-preliminary rulings are appealable only with the appeal against the decision on the matter.

(2) on the appeal and the appeal before the Supreme Court regulations except dispute about the appeal with the proviso is applicable, mutatis mutandis, that the appeal is certainly allowed.

(3) unless the appeal rather than late to reject, the Swiss takeover Board has to submit it the Supreme Court along with the files. While the Swiss takeover Board to the appeal can manifest itself."

4. paragraph 35 paragraph 3:

"(3) for the criminal proceedings, the takeover Commission is responsible in the first instance, the Federal Administrative Court decides on complaints by way of derogation from article 30a."

5 the following paragraph 4 is added to § the 37:

"I no. 190/2013, (4) § 30 par. 1 and 2, section 30a and article 35 paragraph 3 as amended by Federal Law Gazette with 1 January 2014 into force. section 30a, as amended by this federal law is to apply decisions of the Swiss takeover Board issued after December 31, 2013. Are decisions adopted up to this point. the until then in effect the legislation continue to apply"

Article 13

Modification of the recycling company law 2006

The 2006 Recovery Act, Federal Law Gazette I no. 9/2006, last amended by Federal Law Gazette I no. 50/2010, is amended as follows:

1 section is repealed 17 section 4.

2. paragraph 29 section 1:

"(1) the Federal Administrative Court rules on appeals against decisions of the supervisory authority."

3. paragraph 30 subsection 2:

"(2) the copyright Senate is responsible for the enactment of statutes by Decree."

4. in article 30, you be repealed paragraph 3 and 4.

5. paragraph 31 paragraph 2:

"(2) the members of the Copyright Tribunal are bound in the exercise of this Office no instructions. The Federal Minister of Justice has the right to inform about all items of the Executive Board of the Copyright Tribunal and dismissing members of the Copyright Tribunal for an important reason."

6 § 33 para 1 second sentence is lifted.

7 section 34 is repealed.

8. in section 40 be added following paragraph 4 to 6:

"(4) I will take no. 190/2013 article 29, paragraph 1, § 30 para 2, § 31 para 2 and § 33 para 1 as amended by Federal Law Gazette 1 January 2014 effect; 31 December 2013 override contact § 17 para 4, § 34, § 30 para 3 and 4.

(5) by 1 January 2014, the copyright Senate is rebuilt. The members of the Copyright Tribunal to 31 December 2013 are back ordered for the remainder of the last major order permanent. For the remuneration of the members and Secretary of the Copyright Tribunal, the remuneration of the members of the Arbitration Committee ordered by the Chairman of the Copyright Tribunal and the use of the Copyright Tribunal the copyright Senate charges Regulation shall apply to the fees continue to BGBl. II Nr 247/2006.

(6) at the end of 31 December 2013 at the copyright Senate pending cases on appeals against decisions of the supervisory authority are to continue by the Federal Administrative Court. At this time pending Z are 3 according to § 30 para 2 as proceedings according to § 30 para 2 as amended by Federal Law Gazette I continues to lead No. 190/2013 by the copyright Senate. All other at this time pending proceedings, which the copyright Senate has not yet decided, are not to continue."

Article 14

Amendment of the Federal law on the fees for Verwahrnisse the judicial custody departments

The Federal law on the fees for Verwahrnisse the judicial custody departments, Federal Law Gazette No. 182/1962, as last amended by Federal Law Gazette I no. 131/2001, is amended as follows:

1. paragraph 6 ABS. 1:

"The fees (sections 4 and 5) are § 6 (1) to calculate from the custody Department and on the occasion of handing over to announce the Verwahrschaftsgericht."

2. in article 8, the sales designation (1) and of paragraph 2 be repealed.

Article 15

Amendment to the penal law

The Prison Act, Federal Law Gazette No. 144/1969, as last amended by Federal Law Gazette I no. 2/2013, is amended as follows:


1 in § 10 ABS. 1a the word "Deadline for appeal" by the word "Appeal period" and the word "Appeal" be replaced by the word "Appeal".

2. the heading before § 11a and the sections 11a to 11 h are eliminated.

3. in § 12 para 2 the quote "121 para 5" is replaced after the reference to "101 para 2 and 3" "116 paragraph 1" by the quote.

4. in § 13 para 2, the quote is "§ 9 par. 5, 11 b paragraph 1, 11 c para 3, 11 d para 2, 15a para 2, 52 para of 2, 69 para 1, 78 para 1, 97, 121 para 5 and 179a para. 3" by the quote "sections 9 para 5, para 2, 15a 18a para of 3, 52 para of 2, 69 paragraph of 1, 78 para 1" , 97, 121 paragraph 5 and 179a para. 3 "replaced.

5. § 16 the following paragraph 3 is added:

"(3) the full Court at the seat of the higher regional court in whose jurisdiction the prison sentence is completed, decides on complaints



"1 against a decision or order of the institution head, 2nd violation of a subjective right by the behaviour of the institution head, 3rd due to breach of the decision by the Institute Director."

6. According to article 16, the following article 16a is inserted:

"article 16a. (1) the higher regional court of Vienna decides on complaints for the entire Federal territory



1 against a decision of the full Court pursuant to section 16 para 3 due to illegality, 2. against a decision of the enforcement Directorate, 3rd due to breach of the decision by the enforcement Directorate.

(2) unlawful is not No. 1 referred to in paragraph 1, insofar as the full Court has exercised discretion in accordance with the law.

(3) against a decision of the full Court pursuant to section 16 para 3 a complaint is only admissible if the decision depends on the solution of a question of law which to safeguard the entity, legal certainty or legal development of considerable importance, especially because the full Court by previous high court jurisdiction in penal matters differs, such case-law is inconsistent or missing."

7 paragraph 17:

"§ 17 (1) the following provisions apply to decisions of the Court pursuant to section 16 subsection 2:"



1. the Court has a statement of the institution head to catch up with the Prosecutor and the convicted person before making any decision.

2. as far as the facts with regard to the State of health or the nature of the person sentenced appears insufficiently clear, also doctor active in the hospital, psychotherapist or psychologist and, where necessary, also other medical, psychotherapeutic or psychological experts are before deciding to hear.

3. the procedure of enforcement judgment apply, as far as in the individual not else is arranged, the provisions of Ccrp mutatis mutandis. The convicted person has the rights of the accused. The decision is always itself to make the condemned, but on his desire to deliver a copy of the decision also his Defender, which for this the time limit for making a complaint (article 88, paragraph 1 StPO) is thrown.

4. the appeal against the grant one in § 16 par. 2 has Z 1-3a, 6, 9, 10 and 12 called measures of suspensive effect, unless because it aimed against the non-inclusion of a time in the penalty and would seem futile.

(2) in the proceedings according to the § 16 para 3 and 16a the Court has, as far as this federal law not else is determined to apply the following provisions by analogy:



1. in appeal proceedings according to the § 16 ABS. 3 Nos. 1 and 2 and 16a para 1 Nos. 1 and 2 except due to an Ordnungsstraferkenntnisses of the AVG with the exception of paragraphs 2 to 4, 38, 40 to 44 g, 51, 55, 57, 58a, 63 to 66, 68 of para 2 to 7, 73 para 2 and 3 and 75 to 80, 2. in appeal proceedings according to the § 16 ABS. 3 Z 1 and 16a para 1 subpara 1 due to an Ordnungsstraferkenntnisses of the AVG in the referred to in subpara 1 scope with the exception of § 11, and the sections 1 to 8, 19, 19a, 22, 25, 31, 32, 38, 44a Nos. 1 to 3 and 5, 45, 51 paragraph 7, 52 and 55 VStG as well as §§ 42 and 52 VwGVG, with the proviso that the called VwGVG minimum procedures cost fee waived in § 52 para 2, 3rd in the appeal proceedings according to the § 16 para 3 Z 3 and 16a para 1 No. 3 those provisions of federal laws ", that the defaulting authority to apply would have had."

8 paragraph 18, together with the heading:

"Full Senate

Section 18 (1) in proceedings according to the § 16 ABS. 3 and 16a is a Senate decision. The Senate is composed of two judges, of whom one will be chaired, and a specialized magistrates.

(2) where the incidence of business requires the establishment of several Senate, complaints from inmates of an institution are to assign same Senate.

(3) of the decision on appeal is excluded



1. a competent magistrates, when he participated in the decision under appeal;

2. a member of the full Senate, if other reasons which are likely to put his full impartiality in doubt.

(4) the Chairman has appointed a member of the Senate to the speakers for each case, to schedule the sessions of the Tribunal as required, make the serving to the preparation for the meeting and chair the meetings.

(5) a Senate is resolutionable, if all members are present. Prevented members of the Tribunal are represented by the alternate members in the order set out in the business distribution.

(6) every vote has a consultation to go ahead. The competent magistrates gives his voice before the judges. The Chairperson votes last. The Court decides by a majority of the votes cast. An abstention is not permitted.

(7) on the consultation and coordination, a protocol is to lead.

(8) the Chairman can replace consultation and decision-making about the rejection of complaints by obtaining the consent of the other members of the Tribunal in the circular way, if any of these members is contrary to. The approval may be granted only in writing."

9. According to article 18, the following provisions shall be inserted:

"Specialized magistrates

§ 18a. (1) the activity as professional lay and spare lay magistrates is an official task. The specialized magistrates and spare lay magistrates are independent in the exercise of their duties; they have this connection the powers associated with the Office of judge in full.

(2) specialized magistrates must be Austrian nationals. You may be not convicted legally for an intentional offence, unless the penalty is paid. As specialized magistrates may only federal employees of the stand of service district, the Institute Director, whose Deputy or other experienced prison staff be ordered from.

(3) the Federal Minister for Justice has to order the required number of specialized magistrates after obtaining a proposal of the President of the higher regional court for a period of six years. At least two spare magistrates shall be appointed for each lay magistrates. The replacement of magistrates has to represent the competent magistrates in the event of his unavailability.

(4) the first term of office begins on 1 January 2014. The competent magistrates are to beeiden prior to their duties by the President of the higher regional court. The Office begins with the inauguration. Re-appointment is permissible.

(5) the competent magistrates and substitute magistrates have to announce to the President of the Court (the President of the Senate):



1. every circumstance which prevents them from to meet a charge as expert magistrates, 2. the occurrence of prolonged prevention on their duties.

(6) the travel undertaken by the competent magistrates to perform their function are in accordance with the travel fees regulation 1955, BGBl. No. 133, such as business trips to be paid for, being the location of the main activity place of employment.

§ 18 b. (1) the Office as specialized magistrates or substitute magistrates rests during the time of a (provisional) suspension, temporary removal or decommissioning, as well as during a vacation of more than three months and the completion of a military, training or community service.

(2) the duties of expert lay magistrates or substitute magistrates shall



1. at the end of the appointment period, if but the ordering of the following specialized Laienrichters or replacement laienrichters takes place after that date, with the inauguration of the following specialized Laienrichters or replacement laienrichters, 2nd by death, 3. with the retirement from the service level, 4. by dismissal or 5.
with the final imposition of other misconduct as the reference.

(3) a specialized magistrates or replacement lay magistrates is to impeach, if this



1. one who loses legal order requirements, its judicial tasks can no longer meet 2 due to his health condition, the incumbent duties as professional lay magistrates or substitute magistrates coarsely injured 3 or has neglected or a behavior is 4, which is incompatible with the reputation of the Office.


(4) on the removal pursuant to paragraph 3 Nos. 1, 2 and 4 has the Court, which would be RStDG, Federal Law Gazette No. 305/1961, Court of service within the meaning of article 90, in which, according to article 93, paragraph 1 RStDG procedure, rights according to § 3 Z 3 the Court that disciplinary RStDG would be within the meaning of section 111, where after §§ 112 to 120, 122 to 149 , 151, 152 lit. "a, 153, 154, 155 paragraph 1, 157, 161 procedures subject to the proviso to 165 RStDG to decide that no punishment may be imposed except for the removal."

10. in section 107 subsection 4 is the reference "sections 31, 38, 44a Nos. 1 to 3 and 5, 45, 52 and 64" by reference "sections 31, 32, 38, 44a Nos. 1 to 3 and 5, 45, 52, 55 and 64" replaced as well as the following last sentence added:

"A minimum procedure fee is not set VStG contrary to § 64 para 2."

11. in the section 116, paragraph 1, second sentence is replaced by the word "Enforcement Directorate" word "Full Board".

12 paragraph 120 paragraph 2:

"(2) complaint against a decision may be filed at the latest on the fourteenth day after that day, where the decision has been announced the convicts or delivered. The complainant requested a written copy of the decision no later than on the third day after the date of delivery, the delivery of the written copy is essential for the running of the period. In all other cases a complaint except for the imminent danger may be raised at the earliest on the first day, at the latest but the fourteenth day after that day, on which the complaint is known to the prisoners. A complaint is no longer valid if the prisoners has expressly waived after delivery or announcement of the decision on the appeal. Complaints must be in writing or at the time to be determined by the Institute Director orally at the prison staff for that purpose a."

13 paragraph 120 para 3:

"(3) the survey of a complaint has no suspensive effect. The Institute Director and the court seised with the appeal can detect to however the suspensive effect of the Office because of or at the request of the complainant, if compelling public interests there are and if after consideration of all affected interests with the enforcement of the contested order or decision for the complainant a disproportionate disadvantage would be connected."

14 paragraph 121:

"§ 121 (1) complaints against prison staff or their arrangements has to decide the Institute Director. A complaint is against a decision, order or a behaviour of the head of the institution or the breach of the decision by the Institute Director, and he won't help themselves from the complaint, so the full Court (§ 16 ABS. 3) also has to decide.

(2) as far as the facts are not sufficiently known, surveys are to be before the execution. For the submission of complaints, the Institute Director has to join a short report, as far as the facts of the case is seen in the example with submitted files. The Court may request the active in Criminal District Court, in whose jurisdiction is located the affected institution, to surveys in the way of legal aid.

(3) before of the decision is to hear, unless such a hearing appears not required according to the circumstances of the case, in particular because the situation seems already sufficiently clarified, the complainant or the extent upheld the complaint entirely.

(4) a complaint finding of the head of the institution or a law enforcement official appointed by him has to announce the convicts. The complaint is against the person of the head of the institution, his Deputy or a prison employee of the complaint finding to announce by this has. At the same time, the prisoners about the possibility of a further appeal is to teach. At his request, a written copy of the decision to place is the convicts.

(5) against the decision of the full Court of the convicts and the Federal Minister of justice within six weeks may collect complaint to the higher regional court of Vienna because of illegality."

15. after section 121, the following provisions shall be inserted:

"Judicial complaint procedures

section 121a. (1) sections 120, 121 § 16 are the judicial appeal procedure according to apply paragraph 3 and 16a para 1 by analogy with the following conditions:



1. making the complaint is entitled to, who claimed to be injured in a subjective right under this Federal Act.

2. complaints are to submit to the authority against which the complaint is directed. Is inserted a complaint within the time limit for appeal to the competent court, this is considered timely contribution. In this case, the Court must immediately to the authority to forward the complaint placed with you, against which the complaint is directed.

(2) where a complaint addressed to a court requires the exercise of supervision over the law enforcement establishment affected by the complaint, the Court has to forward the complaint to the enforcement authority after the sections 11 to 14.

Decisions

§ 121 b. (1) the Court according to the § § 16 para 3 and 16a rulings with decision. A decision has to be saying, justification and appeal.

(2) did the authority not necessary investigation of the facts of the case, the Court can annul the contested decision with decision and remitted the matter to the adoption of a new decision to the authority. The authority is this connection bound by the ratio decidendi of the Court in its decision is assumed.

(3) in addition to the case referred to in paragraph 2, the Court must, unless to reject the appeal as inadmissible or late, and always in the thing itself to decide. With the exception of complaints due to an Ordnungsstraferkenntnisses, the Court is entitled to amend the contested decision in any direction.

(4) a written copy of the decision shall be notified to the other person and her representation, as well as the concerned prison. A decision is according to § 16 para 3 to deliver also the Ministry of Justice.

Complaint for breach of the decision

section 121c. (1) due to breach of the decision according to the § 16 para 3 Z 3 and 16a para 1 No. 3 can appeal to the Court rise, who claims to be entitled in the full regulatory process to claim of the decision required.

(2) the complaint may be brought only if the enforcement authority of the matter within a period of six months, if a shorter or longer time is provided by law, has decided within this. The period begins with the date in which the application for decision at the Office is arrived where he was to introduce. The appeal is to reject, if the delay not to a predominant fault of the enforcement authority is due.

(3) the authority may issue the notice within a period of three months. Will adopt the decision or if issued before the commencement of the proceedings, is the procedure to set.

(4) the enforcement authority does not bring to the decision, it has to submit the complaint files of the full regulatory process by connecting to the Court."

16 26 the following paragraph is added to § the 181:

"(26) § 10 par. 1a, 12 para of 2, 13 para of 2, 16 para 3, 16a, 17, 18 together with heading, 18a heading, 18 b, 107 subsection 4, 116 paragraph 1, 120 para 2 and 3, 121, 121a to 121 c with headings, 181a para 1 to 8 in the version of Federal Law Gazette I no. 190/2013 with 1 January 2014 into force." § 181a para 9 as amended by this federal law shall enter into force November 1, 2013. At the end of 31 December 2013, the §§ 11a occur until 11 h override. Administrative preparations for establishing the lay involvement in the courts can be made already with announcement that federal law."

17. According to article 181 the following Article 181a is inserted:

'Transitional provisions

§ 181a. (1) the jurisdiction passes to the continuation of the proceedings at the end of 31 December 2013 for the full Chambers with the exception of proceedings for administrative offences directed against the person of the head of the institution (article 116 paragraph 1) with 1 January 2014 on the full Court (§ 16 para. 3); This also applies to the enforcement Directorate pending procedures, where this authority is coming authority consider objectively.

(2) the responsibility for the continuation of the pending expiry of the 31 December 2013 for the full Chambers proceedings for administrative offences directed against the person of the head of the institution (article 116 paragraph 1) with 1 January 2014 on the enforcement Directorate passes.

(3) in the case of the transfer of jurisdiction according to paragraphs 1 and 2 the files of proceedings on the competent authority to transmit 1 January 2014.

(4) the Administrative Court is responsible for the continuation of the proceedings at the end of 31 December 2013 complaints under this Federal Act.


(5) the decision of a full Chamber or an enforcement authority which is responsible, with the end of 31 December 2013 for the issuing of this decision is that with 1 January 2014 for the issuing of this decision but no longer is responsible, whose Zustellung is prompted, not valid delivered up to the end of this day before the expiry of the 31 December 2013 have been this opinion still against all parties shall be , whom delivery is prompted, as delivered.

(6) the running of a period is determined by the delivery, this period shall begin with the time to run, in which the decision would apply under the provisions of the extra law - ZustG, Federal Law Gazette No. 200/1982, served. The enforcement of the decision is suspended until that time. The case referred to in the first sentence does not occur until the end of June 30, 2014, is the decision of law override.

(7) so can a decision against which an appeal to the full Board or an appeal is allowed under this Federal Act, before the expiry of the 31 December 2013 has been issued, the appeal or appeal period with end of 31 December 2013 is still running and was raised against this approval not already up to the expiry of the 31 December 2013, appeal or complaint against him from January 1 up to the expiration of the 15 January 2014 complaint that according to the § 16 ABS. 3 and 16A paragraph 1 competent court imposed. An appeal against such a decision until the expiry of the 31 December 2013 is considered section in time raised complaints according to the § 16 para 3 and 16a para 1.

(8) is a communication pursuant to this federal law, against which a complaint under article 130 paragraph 1 lit. a B-VG is permitted in force until the expiry of the 31 December 2013 amended at the Administrative Court, adopted before the expiry of the 31 December 2013, the appeal period with end of 31 December 2013 is still running and was against this decision not already until the expiry of the 31 December 2013 complaint with the administrative court raised, so appeal to the Oberlandesgericht Wien can be brought against him by January 1 until the end of the 12th February 2014.

(9) every decision, approved at the end of the 31 October 2013, has to contain. a note on the legal consequences of the para 7 and 8"

Article 16

Change of the real estate law of of Division of

The real estate law of Division of, BGBl. No. 3/1930, as last amended by Federal Law Gazette I no. 30/2012, is amended as follows:

1 13 paragraph 1 the following sentence is added to §:

"The rank of the registration depends on the time in which the decision on the down and write-up of inlet point is passed."

2. § 16 the following sentence is added:

"The rank of the registration depends on the time in which the decision on the down and write-up of inlet point is passed."

3. § 39 the following paragraph 7 is added:

"(7) I will take no. 190/2013 § 13 para 1 and article 16 as amended by Federal Law Gazette 1 July 2013 effect."

Article 17

Entry into force, transitional provisions, enforcement and personal expressions

§ 1. The following unless else is arranged, the enter into force of articles 1 to 4, 7 to 10 and 14 of Federal Act with 1 January 2014.

§ 2. The responsibility to continue the expiry of 31 December 2013 at the Supreme appeal and Disciplinary Committee in accordance with article 59, paragraph 1 disciplinary statute for lawyers and trainee lawyer proceedings goes to the Supreme Court (seventh section of the disciplinary statute for lawyers and trainee lawyer in the Federal Act Federal Law Gazette I no. 190 / 2013 as amended) about. The term of Office of the lawyer judge elected by the lawyers before the entry into force of this federal law shall remain unaffected; at the end of 31 December 2013, they belong to the Supreme Court as a lawyer judge for the remainder of their term.

§ 3. The jurisdiction to continue the expiry of 31 December 2013 at the Standing Committee of the Austrian Chamber of notaries in matters after section 117a subsection 4 and 118a para 3 No. pending proceedings on the Court as the service Court for notaries goes.

§ 4. The jurisdiction to continue the expiry of 31 December 2013 when the appeal Senate order criminal according to article 168, paragraph 1 No. pending proceedings on the Court of appeal as a disciplinary court for notaries passes.

§ 5. The Federal Minister of Justice is entrusted with the execution of this Federal Act.

§ 6. The personal expressions used in this Act affect, if this content is considered, women and men alike.

Fischer

Faymann