Verwaltungsgerichtsbarkeits Adjustment Act Federal Ministry For Science And Research

Original Language Title: Verwaltungsgerichtsbarkeits-Anpassungsgesetz - Bundesministerium für Wissenschaft und Forschung

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79. Federal Law, with which the University Act 2002, the Higher Education and Higher Education Act 1998, the Study Promotion Act 1992, the University of Applied Sciences Law and the Higher Education Quality Assurance Act are amended (Administrative jurisdiction-Adaptation Act-Federal Ministry of Science and Research)

The National Council has decided:

Article I

Amendment of the University Act 2002

The University Act 2002, BGBl. I n ° 120, as last amended by the Federal Law BGBl. I n ° 18/2013, is amended as follows:

1. In § 43 (7) the first sentence is deleted and in § 13 (9) and (10), § 43 (7) and § 45 (7) the word shall be deleted. "Verwaltungsgerichtshof" by the word "Federal Administrative Court" replaced.

2. In Section 13a (6), the word "Administrative Court" by the word "Federal Administrative Court" replaced.

3. § 25 (1) Z 12 reads:

" 12.

Submission of opinions in the appeal preliminary ruling procedure in accordance with Section 14 of the Administrative Court Procedure Law-VwGVG, BGBl. I No 33/2013 in case of complaints in study matters; "

4. In § 46 (1), the second sentence and section 46 (2) shall be deleted:

" (2) Complaints in study matters shall be submitted to the institution which has issued the communication. If the complaint is not inadmissible or delayed, the complaint shall be submitted immediately to the Senate with the whole of the act. The Senate may draw up an opinion on the complaint. Where such an opinion is available, the decision of appeal shall be made in accordance with the opinion of the Board of Appeal. If the appeal is submitted to the Federal Administrative Court, the opinion of the Senate is to be connected. By way of derogation from Article 14 (1) VwGVG, the competent institution shall decide within four months. "

5. In § 79 (1) the word "vocation" by the word "Complaint" replaced.

6. In § 92 (8) the word order shall be "Appeal to the Senate" through the phrase "Complaint to the Federal Administrative Court" replaced.

7. In § 103 (9) of the last sentence, the word order shall be "no proper legal remedy" through the phrase "Complaint to the Federal Administrative Court" replaced.

8. § 125 (1) last sentence reads:

"The Federal Administrative Court decides on complaints against the authority of the" Office of the University ".

9. The following paragraph 35 is added to § 143:

" (35) § 13 (9) and (10), § 13a (6), § 25 (1) Z 12, § 43 (7), § 45 (7), § 46 (1) and (2), § 79 (1), § 92 (8), § 103 (9) and § 125 (1), as amended by the Federal Law BGBl. I n ° 79/2013 will be 1. Jänner 2014 in force. "

Article II

Amendment of the Higher Education and Higher Education Act 1998

The High School and High School Act 1998, BGBl. I n ° 22/1999, as last amended by the Federal Law Gazette (BGBl). I n ° 2/2008, shall be amended as follows:

1. § 4 (2) reads:

" (2) The limitation of access to events and the submission of events shall be effected by communication of the respective institution referred to in paragraph 1 above. The Federal Administrative Court may lodge an appeal against this decision within two weeks. "

2. § 10 para. 2 reads:

" (2) The limitation of access to events and the submission of events must be effected by decision of the Rector or the Rector. The Federal Administrative Court may lodge an appeal against this decision within two weeks. "

Section 44 (6) reads as follows:

"(6) The Federal Administrative Court may lodge an appeal against the decision of the Federal Minister of State or the Federal Minister of State within two weeks."

4. § 44 (7) reads:

"(7) In the proceedings for the decision on an objection or on a complaint, all electoral groups shall have party status for the Federal Representation."

5. § 45 (6) reads:

"(6) An appeal against the decision of the Electoral Commission of the Austrian High School of Student Affairs can be filed within two weeks of appeal to the respective State Administrative Court."

6. § 45 (7) reads:

"(7) In the proceedings for a decision on an objection or on a complaint, all the elective groups and the candidates admitted to the election shall have party status for the institution concerned."

Section 55 (2) second sentence reads as follows:

"Within two weeks, a complaint may be brought against such a complaint to the relevant regional administrative court."

Section 55 (3) reads as follows:

"(3) In the event of the election commissions being established on the determination of the erasure of mandates, a complaint may be lodged within two weeks to the relevant State Administrative Court."

9. The following paragraph 9 is added to § 56:

" (9) § 4 (2), § 10 (2), § 44 (6) and (7), § 45 (6) and (7) and § 55 (2) and (3) in the version of the Federal Law BGBl. I n ° 79/2013 will be 1. Jänner 2014 in force. "

Article III

Amendment of the Study Promotion Act 1992

The Study Promotion Act 1992, BGBl. No. 305, as last amended by the Federal Law BGBl. I n ° 18/2013, is amended as follows:

1. § 19 (7).

2. § 42 reads:

" § 42. The party may, within a period of two weeks, raise an idea against a modest degree from the Office of the Study Aid Authority. "

Section 45 (1) reads as follows:

" (1) The senate of the study aid authority has to decide on

1.

Promotion under this Federal Act on the basis of ideas on which no prior decision has been made,

2.

Subsidies under this federal law on the basis of claims for a preliminary ruling; and

3.

Complaints in the appeal preliminary ruling procedure in accordance with § 14 of the Administrative Court Procedure Law-VwGVG, BGBl. I No 33/2013. '

4. § 46 with headline reads:

" Complaint

§ 46. (1) A complaint may be lodged against a decision by the Senate of the Office of the Office of the Office of the Office of the Office of the Office of the Office of Student Administration in accordance with Art. 130 (1) Z This is to be introduced at the Office of the Study Assistance Authority.

(2) The Office of the Study Assistance Authority shall inform the competent Federal Minister without delay of a lodged appeal pursuant to Art. 130 (1) Z 1 B-VG and of any appellant's preliminary ruling.

(3) In accordance with § 19 VwGVG, the competent Federal Minister may, at any time in place of the Office of the Office of the Office of the Office of Student Affairs, enter the proceedings before the Federal Administrative Court. To this end, a declaration must be made to the Federal Administrative Court.

(4) In accordance with Art. 133 (8) B-VG, the competent Federal Minister is entitled to object to a recognition of the Federal Administrative Court to the Administrative Court. "

5. In § 52b (5), the last sentence is deleted.

(6) The following paragraph 30 is added to § 78:

" (30) § 19, § 42, § 45 Abs.1, § 46 and § 52b paragraph 5 in the version of the Federal Law BGBl. I n ° 79/2013 will be 1. Jänner 2014 in force. "

Article IV

Amendment of the Universities of Applied Sciences Law

The University of Applied Sciences Law, BGBl. No 340/1993, as last amended by the Federal Law BGBl. I No 74/2012, is amended as follows:

1. In Section 10 (6), the phrase "the Administrative Court" through the phrase "the Federal Administrative Court" replaced.

(2) The following paragraph 7 is added to Article 26:

" (7) § 10 para. 6 in the version of the Federal Law BGBl. I n ° 79/2013 is 1. Jänner 2014 in force. "

Article V

Amendment of the Hochschul-Quality Assurance Act

The High School Quality Assurance Act, BGBl. I No 74/2011, is amended as follows:

1. § 25 (5).

2. In § 30 (4), the word "Verwaltungsgerichtshof" by the word "Federal Administrative Court" replaced.

3. The following paragraph 3 is added to § 37:

" (3) § 25 and § 30 (4) in the version of the Federal Law BGBl. I n ° 79/2013 will be 1. Jänner 2014 in force. "

Fischer

Faymann