Verwaltungsgerichtsbarkeits Adjustment Act Federal Ministry For Science And Research

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

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996502/verwaltungsgerichtsbarkeits-anpassungsgesetz---bundesministerium-fr-wissenschaft-und-forschung.html

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79 federal law, with which the University Act 2002, the students - and high student body Act 1998, the study support act of 1992, the Fachhochschule Studies Act and the higher education quality assurance law be changed (Verwaltungsgerichtsbarkeits adjustment Act Federal Ministry for science and research)

The National Council has decided:

Article I

Amendment of the University Act 2002

The 2002 University Act, Federal Law Gazette I no. 120, last amended by Federal Law Gazette I no. 18/2013, is amended as follows:

1. in section 43, paragraph 7, the first sentence is omitted and in § 13 para 9 and 10, section 43 paragraph 7 and section 45, paragraph 7, the word "Administrative" is replaced by the word "Federal".

2. in article 13a, paragraph 6, the word "Administrative" is replaced by the word "Federal".

3. § 25 para 1 No. 12 is: "12 giving an expert opinion in preliminary appeal pursuant to § 14 of the Administrative Court Procedure Act - VwGVG, Federal Law Gazette I no. 33/2013 complaints in Bachelor Affairs;"

4. in article 46, paragraph 1, the second movement does not apply and section 46 subsection 2 is:

"(2) complaints in Bachelor Affairs are to bring in the body, which adopted the decision. This has, if the complaint is not prohibited or delayed, immediately submit the complaint with the entire Act to the Senate. The Senate may deliver an opinion on the complaint. Such opinion exists, the appeal decision in accordance with this opinion has to be carried out. Is the complaint will be submitted to the Federal Administrative Court, the opinion of the Senate is to connect. By way of derogation from article 14, paragraph 1 VwGVG has to decide the competent body within four months."

5. in article 79, paragraph 1, the word "Appeal" is replaced by the word "Complaint".

6. in article 92, paragraph 8, the phrase "Appeal to the Senate" is replaced by the phrase "Appeal to the Federal Administrative Court".

7. in section 103 paragraph 9 the last sentence is replaced by the phrase "Appeal to the Federal Administrative Court" the phrase "no ordinary appeal".

8 § 125 ABS. 1 last sentence reads:

"Complaints against decisions of the"Office of University..."the Federal Administrative Court rules."

9 35 the following paragraph is added to section the 143:

"(35) § 13 para 9 and 10, section 13a para 6, § 25 para 1 Z 12, section 43, paragraph 7, section 45, paragraph 7, article 46, paragraph 1 and 2, article 79, paragraph 1, § 92 para 8, section 103, paragraph 9 and § 125 ABS. 1 as amended by Federal Law Gazette I no. 79/2013 with 1 January 2014 into force."

Article II

Change of the students - and high student body Act 1998

The students - and high student body Act 1998, Federal Law Gazette I no. 22/1999, as last amended by Federal Law Gazette I no. 2/2008 is amended as follows:

1 paragraph 4 section 2:

"(2) the limitation of access to events and the prohibition of events shall be effected by decision of the in paragraph 1 of body referred to. This legal appeal to the Federal Administrative Court can be raised against universities within two weeks."

2. paragraph 10 section 2:

"(2) the limitation of access to events and the prohibition of events shall be effected by decision of the Rector or Rector. Against this decision appeal to the Federal Administrative Court may be brought within two weeks."

3. paragraph 44 paragraph 6:

"(6) against the decision of the Minister or the Federal Minister appeal to the Federal Administrative Court may be brought within two weeks."

4. paragraph 44 paragraph 7:

"(7) in proceedings for a decision on an objection or a complaint have all candidate groups for representing federal party position."

5. paragraph 45 par. 6:

"(6) against the decision of the Electoral Commission of the Austrian students and Student Union appeal to the respective country administrative court may be brought within two weeks."

6 paragraph 45 paragraph 7:

"(7) in proceedings for a decision on an objection or a complaint have all candidate groups and the candidates admitted to the election and candidates for the respective organ party position."

7 § 55 para 2 second sentence reads:

"Against such decisions appeal to the respective country administrative court may be brought within two weeks."

8 paragraph 55 subsection 3:

"(3) against decisions of election commissions about the determination of the expiry of mandates appeal to the respective country administrative court may be brought within two weeks."

9 the following paragraph 9 is added to article the 56:

"(9) I will take no. 79/2013 § 4 par. 2, article 10 par. 2, article 44, paragraph 6 and 7, § 45 para 6 and 7 and § 55 para 2 and 3 in the version of Federal Law Gazette 1 January 2014 effect."

Article III

Change of study support act of 1992

The study support Act 1992, BGBl. No. 305, as last amended by Federal Law Gazette I no. 18/2013, is amended as follows:

1 paragraph 7 eliminates § 19.

2. paragraph 42:

"§ 42. Against decisions of the study grant authority the party within two weeks can voice the idea."

3. paragraph 45 para 1:

"(1) which of the Senate of the study grant authority to decide about 1 funding after that federal law on the basis of ideas about which no preliminary decision is made is 2. funding under this Federal Act on the basis of template requests against a preliminary decision, as well as 3 complaints in preliminary appeal pursuant to § 14 of the Administrative Court Procedure Act - VwGVG, Federal Law Gazette I no. 33/2013."

4. paragraph 46 and title:

"Complaint

46. (1) against a decision of the Tribunal of the study grant authority can a complaint pursuant to article 130 § 1 Z 1 B-VG is collected. This is to bring to the study grant authority.

(2) the study grant authority has the competent Federal Minister immediately of incoming complaints in accordance with article 130 § 1 Z 1 B-VG and a possible appeal preliminary decision having regard to set.

(3) in accordance with §, the competent Federal Minister can at any time enter 19 VwGVG in place of the study grant authority in proceedings before the Federal Administrative Court. This requires a declaration to the Federal Administrative Court.

(4) in accordance with article 133 paragraph 8 B-VG the competent Federal Minister is entitled to charge appeal to the administrative court against a finding of the Handelshof."

5. in article 52, the last sentence is omitted (b) paragraph 5.

6 the following paragraph 30 is added to § the 78:

"(30) § 19, § 42, § 45 ABS. 1, § 46 and § 52b paragraph 5 as amended by Federal Law Gazette I no. 79/2013 with 1 January 2014 into force."

Article IV

Amendment to the Fachhochschule Studies Act

The Fachhochschule Studies Act, BGBl. No. 340/1993, as last amended by Federal Law Gazette I no. 74/2012, is amended as follows:

1. in article 10, paragraph 6, the phrase "the Administrative Court" is replaced by the phrase "the Federal Administrative Court".

2 the following paragraph 7 is added to in article 26:

"(7) § 10 section 6 as amended by Federal Law Gazette I no. 79/2013 1 January 2014 into force."

Article V

Amendment of the higher education quality assurance Act

The higher education quality backup Act, Federal Law Gazette I no. 74/2011, is amended as follows:

1 paragraph 5 deleted § 25.

2. in article 30, paragraph 4, the word "Administrative" is replaced by the word "Federal".

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

"(3) I will take no. 79/2013 section 25 and section 30 paragraph 4 as amended by Federal Law Gazette 1 January 2014 effect."

Fischer

Faymann