Change Of The Verwaltungsgerichtsbarkeits Implementation Act 2013, Of The Administrative Court Procedure Act, The Verwaltungsgerichtsbarkeits Transition Act, The Verwaltungsgerichtshofgesetzes19...

Original Language Title: Änderung des Verwaltungsgerichtsbarkeits-Ausführungsgesetzes 2013, des Verwaltungsgerichtsverfahrensgesetzes, des Verwaltungsgerichtsbarkeits-Übergangsgesetzes, des Verwaltungsgerichtshofgesetzes19...

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_122/BGBLA_2013_I_122.html

122. Federal law be changed with the Verwaltungsgerichtsbarkeits implementation Act 2013, the Administrative Court Procedure Act, the Verwaltungsgerichtsbarkeits transition Act, the Administrative Court Act of 1985, the Constitutional Court Act 1953, the official liability Act and the Federal Ministry of law 1986

The National Council has decided:

Article 1

Amendment to the Verwaltungsgerichtsbarkeits execution Act 2013

The Verwaltungsgerichtsbarkeits implementation Act 2013, Federal Law Gazette I no. 33/2013, is amended as follows:

1. in article 3 Z 35 last sentence after the word "is" is the phrase in section 30, subsection 2 "officio or" inserted.

2. in article 3 Z 93 refer deleted in the amendment arrangement "or".

3. in article, the phrase 'the italic site details' 3 Z 101 is replaced by the phrase "the containing site information, italic parenthetical expressions".

4. in article 4 No. 11, which eliminates expression ", article 81".

5. Article 4 No. 82 reads as follows: "82. is section 85, paragraph 2:" (2) the Constitutional Court has to recognize the suspensory effect with decision to the appeal at the request of the complainant if the compelling public interests are opposed and after weighing up the contact with the public interests and interests of other parties with the implementation of the contested decision or with the exercise of the permission granted by the contested finding for the appellant a disproportionate disadvantage would be connected. The granting of suspensory effect required only a justification if interests of other parties are affected by it. If the conditions that were decisive for the decision on the suspensive effect of the appeal have substantially changed, is to decide on its own initiative or at the request of a party that is new."

Article 2

Amendment of the Administrative Court Procedure Act

The Administrative Court Procedure Act - VwGVG, Federal Law Gazette I no. 33/2013, is amended as follows:

1. in the table of contents, the section name of the 4th section of the 3 main piece and the heading to this section receive the same formatting as the other section names in this main piece.

2. in the table of contents, a point is used in the entry for article 54 according to the expression "section 54".

3. paragraph 3 together with heading:

"Territorial jurisdiction

3. (1) if the case doesn't belong to the jurisdiction of the Handelshof, is in cases in matters where the enforcement is country thing, the Administrative Court in the country responsible.

(2) In addition, the territorial jurisdiction in cases that do not belong to the jurisdiction of the Handelshof, 1 in the cases of article 130 aimed para 1 Nos. 1 and 3 of the Federal Constitution Act B-VG, Federal Law Gazette No. 1/1930, after section 3 Nos. 1, 2 and 3 with the exception of the last phrase of the General administrative procedures Act 1991 - AVG, Federal Law Gazette No. 51/1991, in administrative penal cases, but after the seat of the authority , has adopted the decision or not adopted

2. in the cases of article 130 § 1 Z 2 B-VG according to the site, on which was started the exercise of immediate management regulatory command and coercive power, if this was however exercised abroad, then, where the performing body has exceeded the Federal limit

3. in the cases of article 130 § 1 Z 4 B-VG after the seat of the authority, whose organ issued the instruction;

4. in the cases of article 130 paragraph 2 Z 1 B-VG for the place where the behavior has been used.

(3) the jurisdiction in accordance with paragraph 1 or 2 can be determined, the Administrative Court in Vienna responsible."

4. in article 13, paragraph 4, the word order is after the quote "2 and 3" "officio or" inserted.

5. § 15 para 2 first sentence reads:

"A time more appropriate and acceptable template application has suspensive effect, if the appeal had suspensory effect 1 by law because the authority has not excluded this

2. by law had no suspensive effect, the authority has granted them however."

6 § 58 the following paragraph 3 is added:

"first sentence as amended by Federal Law Gazette I no. 122/2013 (3) § 3 together with heading, § 13 para 4 and § 15 para 2 with 1 January 2014 into force. Conflicting provisions in federal or state laws, which are already made manifest at the time of entry into force of this federal law, remain unaffected."

Article 3

Change of the Verwaltungsgerichtsbarkeits transition Act

The Verwaltungsgerichtsbarkeits transition Act, Federal Law Gazette I no. 33/2013, is amended as follows:

1. in the title of the law is the bracket expression "(Verwaltungsgerichtsbarkeits-Übergangsgesetz)" replaced by the parenthetical expression "(Verwaltungsgerichtsbarkeits transition law VwGbk LEL)".

2. in section 4, paragraph 2 and article 6, paragraph 2, the quote "§ 2 para 2" is replaced by the quote "§ 2 paragraph 3".

3. § 11 the following paragraph 3 is added:

"I become no. 122/2013 (3) the title of the Act, section 4, paragraph 2 and article 6 par. 2 in the version of Federal Law Gazette at the end of the month of the by-laws in force. Conflicting provisions in federal laws, which are already made manifest at the time of entry into force of this federal law, remain unaffected."

Article 4

Amend the Verwaltungsgerichtshof Act 1985

The Administrative Court Act 1985 - VwGG, Federal Law Gazette No. 10/1985, as last amended by the Verwaltungsgerichtsbarkeits implementation Act 2013, Federal Law Gazette I no. 33/2013, is amended as follows:

1. the title to the 2nd section of the II. section is as follows:

'Special provisions on complaints in administrative and institution liability matters and in matters of the exclusive television rights and the review in the context of the award of contracts'

2. in article 65, paragraph 3, Z 1 replaced the phrase "of the official liability Act" with the abbreviation "AHG".

3. in article 65, paragraph 3, Z 2 is replaced by the acronym "OrgHG" the phrase "of the institution liability law".

4. in paragraph 80 (§ 78 new) replaced the quote "section 24 para 3" by the quote "§ 24a".

5. paragraph 81 paragraph 11:

"(11) in the version of article 3 of the Federal Act Federal Law Gazette I no. 33/2013 will apply: 1. the new paragraph designation of § 15 para 3 with 1 July 2012;"

2.

§ 3 para 1 as amended by no. 2, section 10 para 2 No. 1 as amended by the Z 5, § 12 para 1 subpara 1 lit. (a) in the version of the Z 11, § 12 para 1 subpara 1 lit. c in the version of the Z 12, section 12 paragraph 1 Z 2 Z 13, amended § 12 para 3 as amended by the Z 15, § 14 para 2 as amended by the Z 17, § 15 paragraph 4 as amended by the Z 20, heading to the 1 under section of II section as amended by the No. 21, § 21 amended the Z 22 to 24 , together with article 22 as amended by the Z 25, § 23 para 1 as amended by the Z 26, sections 24 and § 24a in the version of the Z 28, § 25 as amended by the Z 29, § 25a heading as amended by the Z, 30, § 26 and heading as amended by the Z 31, § 28 together with heading as amended by the Z 33, section 29, as amended by the Z 34 , section 30 as amended by the Z 35, this in the version of article 1 No. 1 of the Federal Act Federal Law Gazette I no. 122/2013, sections 30a and 30B along with headings in the version of the Z 36, § 31 para 1 as amended by the Z 37 to 40, § 31 para 2 as amended by the Z 42, the heading before section 33 amended the Z 43 , section 33 amended the Z 44 and 45, article 34, paragraph 1 and 1a in the version Z 47, § 34 paragraph 2 as amended by the Z including 48, § 34 paragraph 4 as amended by the Z 49, § 35 together with the heading as amended by the Z 50, the §§ 36-37a heading as amended by the Z 51, § 38, including heading the Z 52 amended , section 38a, paragraph 1, 3 and 4 as amended by the Z 53 to 57, § 38b of paragraph 1 as amended by the Z 56, § 39 para 1 and 2 in the version of the Z 58 to 60, § 40 paragraph 4 to 4c in the version of the Z 61, § 41 together with heading as amended by the Z 62, section 42 amended the Z 63 , section 42a as amended by the Z 64, section 44 amended the Z 65, § 45 para 1 Z 5 as amended by the Z 66, § 45 para 5 and 6 in the version of the Z 67, § 46 para 2 to 4 as amended by the Z 68, the §§ 47 and 48 together with heading in the version of Z 69, § 49 para 2 as amended by the Z 72 , § 49 para 5 as amended by the Z 73, § 49 para 6 last sentence amended the Z 74, § 50 amended the Z 75, § 51 as amended by the Z 76, article 52, as amended by the Z 77, § 53 as amended by the Z 78, § 54 para 2 as amended by the Z 79, §§ 55 and 56 in the version of the Z 80 , § 58 paragraph 2 as amended by the Z 81, section 59 para 2 to 4 as amended by the Z 82 to 84, § 61 as amended the Z 85, section 62 amended the Z 86, § 63 as amended by the Z 87, heading to the 2nd section of the II. section amended the Z 88, section 64 amended the Z 90 , Section 65 paragraph 1 as amended by the Z 92, section 65 paragraph 2 as amended by the Z 93, this in the version of article 1 No. 2 of the Federal Act Federal Law Gazette I no. 122/2013, article 65, paragraph 3 introduction in the version of the 94, § 67 as amended by the Z Z 96, § 70 as amended by the Z 97, 3. sub-section of II section along with heading as amended by the Z 98 , 4. sub-section of II section along with heading as amended by the Z 99 and the paragraph titles of sections 77 to 80 new in the version of Z 100 with 1 January 2014; at the same time step 27 § and § 33a and heading out of power;

3. other provisions and amendments, in particular the in Z 101 as amended by article 1 No. 3 of the Federal Act Federal Law Gazette I no. 122 / 2013 proposed adjusting in Z 1 of this paragraph referred provisions on the new spelling, at the end of February 2013. at the same time, last set override occur article 9, paragraph 3 and article 15, paragraph 4.

"So far by the Verwaltungsgerichtsbarkeits transition Act VwGbk LEL, Federal Law Gazette I no. 33/2013, not other is determined, are in the end of 31 December 2013 at the administrative court pending appeal procedure continues to apply the provisions applicable up to the expiry of the 31 December 2013."

6 § 81 12 the following paragraph is added:

"(12) as amended by article 4 of the Federal Act Federal Law Gazette I no. 122/2013 enter into force: 1 the heading 2. under section II section and section 65 paragraph 3 Nos. 1 and 2 at the end of the February 28, 2013;" at the same time eliminates the term "§ 16.(Entfällt SAMT Überschrift;) Gazette No. 192/1973) ";

2. section 80 (§ 78 new) with 1 January 2014;

3. the other provisions at the end of the month of the announcement of this Federal Act."

Article 5

Amendment of the Constitutional Court Act 1953

The Constitutional Court Act 1953 - VfGG, Federal Law Gazette No. 85/1953, as last amended by the Verwaltungsgerichtsbarkeits implementation Act 2013, Federal Law Gazette I no. 33/2013, is amended as follows:

1. in section 10, paragraph 2, the word "Office" is replaced by the word "Official".

2. in article 12, paragraph 5, the bracket expression "(eines unabhängigen Verwaltungssenates, des Bundesvergabeamtes)"and the bracket expression "(unabhängigen Verwaltungssenat, Bundesvergabeamt)" are eliminated.

3. in the heading to section A of the 2nd main piece of the 2nd part is the word order "of the Court of Auditors similar institution in a country" is replaced by the phrase "a land court".

4. in article 57, paragraph 1, and article 62, paragraph 1, the word "Content" is replaced by the word "Content".

5. in paragraph 66, the parenthetical expression (an independent administrative Senate, the federal public procurement office) eliminates Z 1.

6. in article 87, paragraph 1, the phrase 'the contested decision' will be replaced by the phrase "the contested knowledge".

7 paragraph 94 paragraph 26:

"(26) as amended by article 4 of the Federal Act Federal Law Gazette I no. 33/2013 enter into force: 1. § 17 para 3 as amended by the No. 19, § 17a Z 6 in the version of the Z 25, § 19 para 3 No. 1 as amended by the Z 29, § 19a para 1 as amended by the Z 31, § 20 para 1 as amended by the Z 32" , Section 20 para 2 as amended by the Z 33, § 28 para 4 Z 38, amended section 33 amended the Z 39, § 34 amended the Z 40, § 43 para 1 as amended by the Z 43, § 46 para 1 as amended by the Z 45, § 57 para 1 as amended by the Z 49, section 57 paragraph 3 (paragraph 2) as amended by the Z 31 , 50 and 51), § 57 para 4 (paragraph 3 new) as amended by the Nos. 50 and 52), section 58 as amended by the Z 53 and 54, section 59 as amended by the Z 55, section 61 amended the Z 56, § 61a in the version of the Z 49, § 62 para 1 as amended by the Z 57, § 62 para 2 as amended by the Z 58 , § 62 para 3 as amended by the Z 31 and 59, section 62 (4) as amended by the Z 60, § 63 para 1 as amended by the Z 61, the §§ 64 and 65 as amended by the Z 64, § 65a Z 57, amended the heading to section I of the 2nd main piece in the version of the Z 65, § 67 as amended by the Z 66 to 69 , § 68 para 1 as amended by the Z 70, § 71 paragraph 1 as amended by the Z 71, section 71a para 1 as amended by the Z 73, the heading to section K of the 2nd main piece in the version of the Z 77, § 82 as amended by the Z 78, section 83 as amended by the Z 79, § 84 as amended by the Nos. 80 and 81 , § 85 para 2 as amended by the Z 82, in the version of article 1 Z 5 of the Federal Act Federal Law Gazette I no. 122/2013, § 85 para 3 as amended by the Z 83, § 86a para 3 as amended by the Z 31 and 84, § 87 par. 2 in the version of the Z 85 and article 88a in the version of the Z 87 January 1, 2014; at the same time occur last set override; § 57 par. 2, article 63 para. 3 and § 87 para. 3

"2. the other provisions and changes, including the Z 11 as amended by article 1 No. 4 of the Federal Act Federal Law Gazette I no. 122/2013 and the adaptation provided for in Z 88 in Z 1 of this paragraph referred provisions on the new spelling, at the end of February 2013."

8 § 94 27 the following paragraph is added:

"(27) as amended by article 5 of the Federal Act Federal Law Gazette I no. 122/2013 come into effect: 1 section 12 para 5, § 66 Z 1 and § 87 par. 1 with 1 January 2014;"

2. the other provisions at the end of the month of the announcement of this Federal Act."

Article 6

Change of the official liability Act

The official liability Act - AHG, Federal Law Gazette No. 20/1949, last modified by the Verwaltungsgerichtsbarkeits implementation Act 2013, Federal Law Gazette I no. 33/2013, is amended as follows:

1. in article 6, paragraph 1, the phrase is replaced by the phrase "a court criminal offence which may be committed only intentionally and is punishable by more than one year," "a crime".

2. the existing text of article 15 is preceded by the sales designation (1); the following paragraph 2 is added:

"(2) section 6 para 1 as amended by Federal Law Gazette I no. 122/2013 at the end of the 28th February 2013 enter into force."

Article 7

Amendment of the Federal Ministry of law 1986

The Federal Ministry of law 1986 - BMG, Federal Law Gazette No. 76/1986, as last amended by the Verwaltungsgerichtsbarkeits implementation Act 2013, Federal Law Gazette I no. 33/2013, is amended as follows:

1. in section A-Z 3 of part 2 of the annex to article 2, the word "Matter" is replaced by the word "Affairs".

2. § 17b is added the following paragraph 25:

"(25) A Z 3 of part 2 of the annex to article 2 in the version of Federal Law Gazette I occurs no. 122/2013 at the end of the 28th February 2013 section in force."

Fischer

Faymann