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...

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122. Federal Law, with which the Administrative Jurisdiction Execution Act 2013, the Administrative Court Procedure Act, the Administrative Court Transitional Law, the Administrative Court Act 1985, the Constitutional Court Act 1953, the Law of Officiation and the Federal Ministries Act 1986 are amended

The National Council has decided:

Article 1

Amendment of the Administrative Jurisdictional Implementation Act 2013

The Administrative Jurisdictional Execution Act 2013, BGBl. I No 33/2013, shall be amended as follows:

1. In Art. 3 Z 35, the last sentence of Section 30 (2) shall be taken after the word "is" the phrase "from officals or" inserted.

2. In Article 3 Z 93, the abbreviation shall not apply in the amended version "or" .

(3) In Article 3 (101), the word order shall be: "the cursive site information" through the phrase "the cursive parenthesis containing the references" replaced.

4. In Article 4 (11), the term " " , § 81 " .

5. Article 4 Z 82 reads as follows:

" 82.

Section 85 (2) reads as follows:

" (2) The Constitutional Court shall, at the request of the appellant, grant the appeal the suspensive effect with a decision if the non-compelling public interest is contrary to the appeal and after consideration of the touched public The interests and interests of other parties with the execution of the contested recognition or with the exercise of the entitlement granted by the contested recognition to the complainant would be associated with a disproportionate disadvantage. The award of the suspenseable effect shall only be justified if it is affected by the interests of other parties. If the conditions governing the decision on the suspensive effect of the appeal have changed materially, it shall be redecided on its own account or at the request of one of the parties. "

Article 2

Amendment of the Administrative Court Procedure Act

The Administrative Court Procedure Law-VwGVG, BGBl. I No 33/2013, shall be amended as follows:

1. In the table of contents, the section title of the 4. Section of the 3. The main piece and the heading to this section are the same formatting as the other section labels of this main piece.

2. In the table of contents, in the entry to § 54 after the expression "§ 54" set a point.

3. § 3 together with the headline is:

" Local competence

§ 3. (1) Where the case does not belong to the jurisdiction of the Federal Administrative Court, the administrative court in the country shall be responsible for cases in the affairs in which the enforcement is a matter of national law.

(2) In addition, the local jurisdiction in cases which do not belong to the jurisdiction of the Federal Administrative Court is governed by local jurisdiction.

1.

in the cases of Art. 130 (1) (1) (1) and (3) of the Federal Constitutional Law-B-VG, BGBl. Nr. 1/1930, according to § 3 Z 1, 2 and 3 with the exception of the last half sentence of the General Administrative Procedure Act 1991-AVG, BGBl. No 51/1991, in administrative cases, however, after the seat of the authority issuing the communication, or has not been adopted;

2.

in the cases referred to in Article 130 (1) (2) B-VG, after the place where the exercise of direct administrative and enforcement authority was commenced, but if it was carried out abroad, then where the institution responsible for the exercise of command and authority is the federal border has exceeded;

3.

in the cases referred to in Article 130 (1) (4) B-VG, in accordance with the seat of the authority whose body has issued the instruction;

4.

in the cases referred to in Article 130 (2) (1) of the B-VG, in accordance with the place where the behaviour has been set.

(3) The Administrative Court in the Land of Vienna shall be responsible for determining the responsibility not pursuant to para. 1 or 2. "

4. In § 13 para. 4, after the quote " 2 and 3 " the phrase "from officals or" inserted.

5. § 15 para. 2, first sentence reads:

" A timely and admissible application has suspensive effect, if the complaint

1.

has had a suspensive effect and the Authority has not ruled out the effect of this;

2.

did not have a suspensive effect due to the law, but the authority granted it. "

6. § 58 the following paragraph 3 is added:

" (3) § 3 together with the title, § 13 para. 4 and § 15 para. 2 first sentence in the version of the Federal Law BGBl. I n ° 122/2013 will be 1. Jänner 2014 in force. Contrary provisions in federal or state laws, which are already known at the time of the entry into force of this Federal Act, shall remain unaffected. "

Article 3

Amendment of the Administrative Court Transitional Act

The Administrative Jurisdictional Transitional Law, BGBl. I No 33/2013, shall be amended as follows:

1. In the law title, the parenthesis is "(Administrative Court Transitional Law)" by the parenthesis expression "(Administrative Court Transitional Law-VwGbk-ÜG)" replaced.

2. In § 4 (2) and § 6 (2), the quote shall be "§ 2 para. 2" through the citation "§ 2 para. 3" replaced.

3. § 11 is added to the following paragraph 3:

" (3) The legislative title, § 4 (2) and § 6 (2) in the version of the Federal Law BGBl. I No 122/2013 shall enter into force at the end of the month of the customer's agreement. Contrary provisions in federal laws which have already been made known at the time of the entry into force of this Federal Act shall remain unaffected. "

Article 4

Amendment of the Administrative Court Act 1985

The Verwaltungsgerichtshofgesetz 1985-VwGG, BGBl. No 10/1985, as last amended by the Administrative Jurisdictional Implementation Act 2013, BGBl. I No 33/2013, shall be amended as follows:

1. The heading to the second subsection of the II. Section is:

"Special provisions concerning complaints in the field of official and organ liability, as well as in matters relating to television exclusivity and verification in the context of the award of contracts"

2. In § 65 (3) Z 1 the phrase "the Official Liability Act" by the abbreviation "AHG" replaced.

3. In § 65 (3) Z 2, the phrase "the Organic Liability Law" by the abbreviation "OrgHG" replaced.

4. In § 80 (§ 78 new) the quote is "§ 24 (3)" by quoting "§ 24a" replaced.

Section 81 (11) reads as follows:

" (11) In the version of Art. 3 of the Federal Law BGBl. I No 33/2013 enter into force:

1.

the new sales designation of § 15 (3) with 1 July 2012;

2.

§ 3 (1) in the version of the Z 2, § 10 paragraph 2 Z 1 in the version of the Z 5, § 12 paragraph 1 Z 1 lit. a in the version of Z 11, § 12 Abs. 1 Z 1 lit. c in the version of the Z 12, § 12 paragraph 1 Z 2 in the version of the Z 13, § 12 paragraph 3 in the version of the Z 15, § 14 paragraph 2 in the version of the Z 17, § 15 paragraph 4 in the version of the Z 20, the headline to the 1. Subsection of the II. Section in the version of Z 21, § 21 in the version of Z 22 to 24, § 22 in the version of Z 25, § 23 paragraph 1 in the version of Z 26, § § 24 and § 24a in the version of the Z 28, § 25 in the version of the Z 29, § 25a together with the title in the version the Z 30, § 26 including the title in the version of the Z 31, § 28 and the title in the version of the Z 33, § 29 in the version of the Z 34, § 30 in the version of the Z 35, these in the version of the Art. 1 Z 1 of the Federal Law BGBl. I n ° 122/2013, § § 30a and 30b together with headlines in the version of Z 36, § 31 paragraph 1 in the version of the Z 37 to 40, § 31 paragraph 2 in the version of the Z 42, the title before § 33 in the version of the Z 43, § 33 in the version of the Z 44 and 45, § 34 Section 1 and 1a in the version of Z 47, § 34, paragraph 2, in the version of Z 48, § 34, paragraph 4, in the version of Z 49, § 35 including the title in the version of the Z 50, which are § § 36 to 37a, together with the title in the version of the Z 51, § 38 together with the headline in the Version of Z 52, § 38a (1), (3) and (4) as amended by Z 53 to 57, § 38b (1) in the version of Z 56, § 39 (1) and (2) in the version of the Z 58 to 60, § 40 (4) to (4c) In the version of Z 61, § 41, including the title in the version of Z 62, § 42 in the version of Z 63, § 42a in the version of Z 64, § 44 in the version of Z 65, § 45 paragraph 1 Z 5 in the version of Z 66, § 45 (5) and 6 in the version of Z 67, § 46 Paragraph 2 to 4 in the version of Z 68, § § 47 and 48, together with the title in the version of Z 69, § 49, paragraph 2, in the version of Z 72, § 49 paragraph 5 in the version of Z 73, § 49, paragraph 6, last sentence in the version of Z 74, § 50 in the version of Z 75, § 51 in the version of Z 76, § 52 in the version of Z 77, § 53 in the version of Z 78, § 54 paragraph 2 in the version of Z 79, § § 55 and 56 in the version of the Z 80, § 58 para. 2 in the Version of Z 81, § 59 (2) to (4) in the version of the Z 82 to 84, § 61 in the version of Z 85, § 62 in the version of Z 86, § 63 in the version of the Z 87, the title to the second subsection of the II. Section in the version of Z 90, § 65, paragraph 1 in the version of Z 92, § 65, paragraph 2, in the version of the Z 93, as amended by Art. 1 Z 2 of the Federal Law BGBl. No. 122/2013, § 65 (3) Introduction in the version of the Z 94, § 67 in the version of the Z 96, § 70 in the version of the Z 97, the 3. Subsection of the II. Section with headline in the version of the Z 98, the 4. Subsection of the II. Section including the title in the version of the Z 99 and the section names of § § 77 to 80 new in the version of the Z 100 with 1. January 2014; at the same time, § 27 and § 33a, together with the title, are repeal;

3.

the other provisions and amendments, in particular those in Z 101 as amended by Art. 1 Z 3 of the Federal Law BGBl. No 122/2013 adaptation of the provisions referred to in Z 1 of this paragraph to the new spelling, with the expiry of the February 2013; at the same time, § 9 (3) and § 15 (4) of the last sentence are repeal.

As far as the Administrative Jurisdictional Transitional Law-VwGbk-ÜG, BGBl. No 33/2013, in the appeal proceedings pending before the expiry of 31 December 2013, the provisions in force until 31 December 2013 shall continue to apply in the appeal proceedings pending before the Administrative Court. "

6. § 81 is added to the following paragraph 12:

" (12) In the version of Art. 4 of the Federal Law BGBl. I No 122/2013 enter into force:

1.

the heading to the second sub-section of the II. Section and § 65 (3) (1) and (2) with the expiry of the 28 February 2013; at the same time, the expression " § 16. (Deleted with headline; BGBl. No. 192/1973) ";

2.

§ 80 (§ 78 new) with 1. Jänner 2014;

3.

the other provisions at the end of the month of the proclamation of this Federal Law. "

Article 5

Amendment of the Constitutional Court Act 1953

The Constitutional Court Act 1953-VfGG, BGBl. No. 85/1953, as last amended by the Administrative Jurisdictional Act of 2013, BGBl. I No 33/2013, shall be amended as follows:

1. In Section 10 (2), the word shall be: "Amte" in each case by the word "Office" replaced.

2. In Section 12, Section 5, the parenthesis shall be deleted. "(an independent administrative body, the Federal Procurement Office)" and the parenthesis "(independent administrative Senate, Bundesvergabeamt)" .

3. In the heading to section A of the second main piece of the second part, the word sequence shall be "establishment of a country of a similar nature to the Court of Auditors" through the phrase "a National Audit Office" replaced.

4. In § 57 (1) and § 62 (1), the word "Content" by the word "Content" replaced.

5. In § 66 Z 1 the parenthesis shall be deleted. "(an independent administration senate, the Federal Procurement Office)" .

6. In § 87 (1) the word order shall be "the decision under appeal" in each case by the word sequence "the contested recognition" replaced.

Section 94 (26) reads as follows:

" (26) In the version of Art. 4 of the Federal Law BGBl. I No 33/2013 enter into force:

1.

§ 17 (3) in the version of Z 19, § 17a Z 6 in the version of Z 25, § 19 paragraph 3 Z 1 in the version of Z 29, § 19a (1) in the version of the Z 31, § 20 paragraph 1 in the version of Z 32, § 20 paragraph 2 in the version of the Z 33, § 28 paragraph 4 in the version of the Z 38, § 33 in the version of Z 39, § 34 in the version of Z 40, § 43 (1) in the version of Z 43, § 46 paragraph 1 in the version of Z 45, § 57 paragraph 1 in the version of Z 49, § 57 para. 3 (paragraph 3). 2 new) in the version of the Z 31, 50 and 51), § 57 (4) (par. 3 new) in the version of the Z 50 and 52), § 58 in the version of the Z 53 and 54, § 59 in the version of the Z 55, § 61 in the version of the Z 56, § 61a in the version of the Z 49, § 62 paragraph 1 in the version of the Z 57, § 62 paragraph 2 in the version of the Z 58, § 62 para. 3 In the version of Z 31 and 59, § 62 (4) in the version of Z 60, § 63 paragraph 1 in the version of Z 61, § § 64 and 65 in the version of the Z 64, § 65a in the version of the Z 57, the title to section I of the 2nd main piece in the version of the Z 65, § 67 in the version of the Z 66 to 69, § 68 (1) in the version of the Z 70, § 71 (1) in the version of the Z 71, § 71a (1) in the version of the Z 73, the title to Section K of the second main piece in the version of the Z 77, § 82 in the version of Z 78, § 83 in the version of Z 79, § 84 in the version of the Z 80 and 81, § 85 paragraph 2 in the version of the Z 82, these in the version of Art. 1 Z 5 of the Federal Law BGBl. No. 122/2013, § 85 (3) in the version of Z 83, § 86a (3) in the version of the Z 31 and 84, § 87 (2) in the version of the Z 85 and § 88a in the version of the Z 87 with 1. Jänner 2014; at the same time § 57 (2), § 63 (3) and § 87 (3) last sentence are repeal;

2.

the other provisions and amendments, in particular also Z 11 in the version of Art. 1 Z 4 of the Federal Law BGBl. I n ° 122/2013 as well as the adaptation of the provisions referred to in Z 1 of this paragraph to the new spelling, with the end of February 2013. "

Section 94 is added to the following paragraph 27:

" (27) In the version of Art. 5 of the Federal Law BGBl. I No 122/2013 enter into force:

1.

§ 12 (5), § 66 (1) (1) and (87) (1) with 1. Jänner 2014;

2.

the other provisions at the end of the month of the proclamation of this Federal Law. "

Article 6

Amendment of the Official Liability Act

The Official Liability Act-AHG, BGBl. No 20/1949, as last amended by the Administrative Jurisdictional Act of 2013, BGBl. I No 33/2013, shall be amended as follows:

1. In Section 6 (1), the phrase "a crime" through the phrase "a court-punishable offence which can only be committed intentionally and is threatened with more than one year's imprisonment," replaced.

2. The previous text of § 15 will become the sales designation "(1)" , the following paragraph 2 is added:

" (2) § 6 para. 1 in the version of the Federal Law BGBl. I N ° 122/2013 will enter into force on 28 February 2013. "

Article 7

Amendment of the Federal Ministries Act 1986

The Federal Ministries Act 1986-BMG, BGBl. No 76/1986, as last amended by the Administrative Jurisdictional Implementation Act 2013, BGBl. I No 33/2013, shall be amended as follows:

1. In Section A Z 3 of Part 2 of the Appendix to § 2, the word shall be: "matter" by the word "Affairs" replaced.

The following paragraph 25 shall be added to Article 17b:

" (25) Section A Z 3 of Part 2 of the Appendix to § 2 in the version of the Federal Law BGBl. I N ° 122/2013 will enter into force on 28 February 2013. "

Fischer

Faymann