Verwaltungsgerichtsbarkeits Implementation Act 2013

Original Language Title: Verwaltungsgerichtsbarkeits-Ausführungsgesetz 2013

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_33/BGBLA_2013_I_33.html

33. Federal law, enacted a federal law on the procedure of administrative courts (Administrative Court Procedure Act) and a Federal Act relating to the transition to two-stage administrative justice (Verwaltungsgerichtsbarkeits transition Act) with the Administrative Court Act of 1985, the Constitutional Court Act 1953, the introduction Act to the administrative procedure laws 2008, the General Administrative Procedure Act 1991, the administrative penal code 1991, the administrative enforcement Act 1991, the EU administrative enforcement law, the extra law, the financial Penal Code, the execution order, the Federal Ministry of law of 1986, the official liability Act, the institutional Liability Act and the Gazette law be changed (Verwaltungsgerichtsbarkeits implementation Act 2013)

The National Council has decided:

Table of contents



Art.



Subject / title



1



Administrative Court Procedure Act



2



Verwaltungsgerichtsbarkeits transitional law



3



Amend the Verwaltungsgerichtshof Act 1985



4



Amendment of the Constitutional Court Act 1953



5



Modification of the introductory act to the administrative procedure laws 2008



6



Change of the General administrative procedures Act 1991



7



Amendment of the administrative penal code 1991



8



Amendment of the administrative enforcement Act 1991



9



Amendment of the EU administrative enforcement law



10



Amendment of the Act of delivery



11



Change of financial criminal law



12



Change the execution order



13



Amendment of the Federal Ministry of law 1986



14



Change of the official liability Act



15



Amendment of the organic law of civil liability



16



Amendment of the Federal Law Gazette Act article 1

Federal law on the procedure of administrative courts (Administrative Court Procedure Act - VwGVG)

Table of contents



1. main piece of General provisions



§ 1.



Scope of application



§ 2.



Exercise of administrative jurisdiction



§ 3.



Territorial jurisdiction



§ 4.



Legal assistance at the request of domestic courts



§ 5.



Legal assistance requested by foreign courts and authorities



§ 6.



Bias



2. main piece process



1 section complaint



§ 7.



Right of appeal and appeal period



§ 8.



Time limit for making the late payment complaint



§ 9.



Contents of complaint



§ 10.



Notification of complaint



2. section proceedings



§ 11.



Applicable law



§ 12.



Font sets



§ 13.



Suspensive effect



§ 14.



Complaint preliminary decision



§ 15.



Template request



§ 16.



Catch-up of the notification



3. section proceedings before the Administrative Court



§ 17.



Applicable law



§ 18.



Parties



§ 19.



Entry top institutions



§ 20.



Font sets



§ 21.



Access to the file



section 22.



Suspensive effect



section 23.



Charge



§ 24.



Negotiation



§ 25.



Public proceedings and taking of evidence



section 26.



Fees of witnesses and participants



§ 27.



Audit scope



4. section findings and decisions



section 28.



Findings



section 29.



Announcement and copy of the findings



section 30.



Instruction on the appeal at the Constitutional Court and the review in the Administrative Court



§ 31.



Decisions



§ 32.



Reopening of the case



§ 33.



Restitutio in integrum



§ 34.



Decision



5. section costs



section 35.



Costs incurred in the proceedings on complaints due to exercise direct administrative regulatory command and coercive power



3. main piece of special provisions



1 section procedure in cases in the Affairs of the own area of effect of the municipality



section 36.



2. section procedure in administrative penal cases



section 37.



Time limit for making the late payment complaint



section 38.



Applicable law



§ 39.



Abandonment of appeal



section 40.



Procedure help defenders



section 41.



Suspensive effect



§ 42.



Prohibition of imposing a higher penalty



§ 43.



Statute of limitations



§ 44.



Negotiation



§ 45.



Implementation of the negotiation



§ 46.



Taking of evidence



§ 47.



Final of the bargaining



section 48.



Immediacy of the procedure



paragraph 49.



Fees of the parties



§ 50.



Findings



§ 51.



Decision



§ 52.



Cost



3 section procedure for complaints of unlawfulness of conduct of an authority in the execution of the laws



section 53.



4. cut off perception vs. findings and decisions of the Registrar



§ 54



4. main piece final provisions



Article 55.



References



Article 56.



Linguistic equal treatment



§ 57.



Enforcement



section 58.



Entry into force 1 main piece

General terms and conditions

Scope of application

§ 1. This federal law regulates the procedure of administrative courts with the exception of the Federal Finance Court.

Exercise of administrative jurisdiction

§ 2. As far as the federal or land laws provide for the decision by the Senate, the administrative court rules by judge sitting alone (registrars).

Territorial jurisdiction

§ 3 (1) in matters which do not belong to the jurisdiction of the Handelshof is the territorial jurisdiction: 1. in the cases of article 130 paragraph 1 Nos. 1 and 3 of the Federal Constitution Act B-VG, Federal Law Gazette No. 1 / 1930, according to § 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;

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.

(2) the jurisdiction not referred to in paragraph 1 can be determined, the Administrative Court in Vienna is responsible.

Legal assistance at the request of domestic courts

4. (1) the administrative courts have to afford each other mutual assistance.

(2) the request for legal assistance is to provide, in whose jurisdiction the official act is to be made to the administrative court. It is to reject, if the requested administrative court to the action's local jurisdiction.

(3) If a request for assistance to the competent administrative courts set up and the determination of the competent administrative court is this possible, so it has to forward the request to this.

(4) on request for assistance of other domestic dishes, para 1 to 3 are to apply by analogy.

Legal assistance requested by foreign courts and authorities

5. (1) is foreign courts and authorities legal assistance according to the existing international treaties, due to lack of such under the condition of reciprocity.

(2) mutual assistance should be rejected: 1 if the coveted action not in the jurisdiction of administrative courts by the requesting court or the requesting authority; should drop the coveted action within the competence of other national authorities or courts, the requested administrative court can forward the request to the competent authority or the competent court;

2. If it is not allowed.

The rejection is the requesting court or the applicant authority, indicating the reasons to teach.

Bias

6. members of the Administrative Court, specialized magistrates and registrars have to contain under display to the President in the performance of their duties of partiality.

2. main piece

Procedure

1 section

Complaint

Right of appeal and appeal period

Section 7 (1) against procedural orders in the administrative procedure is not allowed in a separate complaint. You can be challenged only in the appeal against the decision do the thing.

(2) a complaint is no longer allowed, if the party has expressly waived after delivery or announcement of the decision on the appeal.

(3) is the decision already made to another party or announced, the complaint may be brought already from the time, in which the complainant of the decision became aware.

(4) the time limit for making a complaint against the decision of an authority referred to in article 130 paragraph 1 Z 1 B-VG, against directives in accordance with article 130 § 1 Z 4 B-VG or due to unlawfulness of conduct of an authority in execution of laws in accordance with article 130 section 2 is Z 1 B-VG four weeks. The time limit for making a complaint against the exercise of immediate management regulatory command and coercive power in accordance with article 130 § 1 Z 2 B-VG is six weeks. It starts 1 in the cases of article 132 § 1 Z 1 B-VG if the notice was sent to the complainant, with the day of delivery, if the decision only verbally announced the complainant was Z, with the date of delivery, 2. in the cases of article 132 1 2 B-VG if the notice was sent to the competent Federal Minister , with the day of delivery, otherwise with the time in which the competent Minister of the decision gained knowledge, 3.

in the cases of article 132 paragraph 2 B-VG with the time, which has become concerned aware of the exercise of immediate management regulatory command and coercive power, if he but by this was disabled, his complaint right to make use, with the Elimination of this disability, 4. in the cases of article 132 paragraph 4 B-VG with the time in which the School Board , the directive is addressed, is gained by this knowledge, and 5th in the cases of article 132 paragraph 5 B-VG if the notice was sent to the organ authorized to collect the complaint, with the day of delivery, otherwise with the time in which this organ of the decision gained knowledge.

Time limit for making the late payment complaint

8. (1) complaint due to breach of the decision in accordance with article 130 para 1 Z 3 B-VG (late payment complaint) can be collected only if the authority the matter within a period of six months, if required by law is a shorter or longer period of decision, 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 authority is due.

(2) in the period are not included: 1. the time during which the procedure be suspended until a final decision on a preliminary question is;

2. the time of proceedings before the Administrative Court, before the Constitutional Court, or before the Court of Justice of the European Union.

Contents of complaint

§ 9 (1) the appeal shall contain: 1 the designation of the contested decision, the contested exercise immediate administrative regulatory command - and coercive power or the contested directive, 2. the name of the prosecuted authority, 3. the reasons on which is based the assertion of illegality, 4. desire and 5. the information required to assess whether the complaint is timely brought.

(2) Authority terms is 1 in the cases of article 130 Z 1 1 B-VG the authority which adopted the contested ruling has, 2. in the cases of article 130 paragraph 1 Z 2 B-VG that authority, attributable to the exercise of immediate management regulatory command and coercive power which is 3rd in the cases of article 130 paragraph 1 Z 3 B-VG that authority , that the decision is not adopted has, 4th in the cases of article 130 paragraph 1 Z 4 B-VG that authority, whose organ has issued the instruction, and 5th in the cases of article 130 paragraph 2 Z 1 B-VG that authority, which has set the behavior.

(3) as far as with appeals against administrative decisions in accordance with article 130 paragraph 1 Z 1 B-VG and against directives pursuant to article 130, para 1 a 4 B-VG Z infringement of the appellant's rights not taken into consideration comes, takes the place of the grounds on which the allegation of illegality is based, the statement about the scope of the challenge.

(4) in the case of appeals against the exercise of immediate management regulatory command and coercive power in accordance with article 130 paragraph 1 Z 2 B-VG comes in place of the name of the prosecuted authority, where reasonable, an indication, which institution has used the measure.

(5) in the case of complaints of breach of the decision in accordance with article 130 § 1 Z 3 B-VG eliminates the information according to para 1 Nos. 1 to 3 and 5. As judge authority, the authority is to call, its ruling was sought in the case. It is also plausible to make, that the deadline for the collection of late payment complaint in accordance with article 8, paragraph 1 has expired.

Notification of complaint

§ 10. Be in a complaint new facts or evidence that seem considerably the authority or the Court, argued she has or has thereof to make notification to the other parties without delay and to provide them, within reasonable, two weeks not exceeding period of the content of the complaint note to take it and to comment on.

2. section

Preliminary proceedings

Applicable law

§ 11. So far in this and the preceding section not otherwise destined, are to apply those rules of procedure to the procedure under this section, which has the authority in a process to apply preceding the complaint with the administrative court.

Font sets

§ 12. The pleadings of the prosecuted authority are to introduce to the template of the complaint to the administrative court. This does not apply in cases under article 130 § 1 Z 2 B-VG.

Suspensive effect

Section 13 (1) a time-tabled and allowable complaint in accordance with article 130 § 1 Z 1 B-VG has suspensive effect.

(2) the authority may exclude the suspensive effect with notice if after coming into contact with public interests and interests of other parties, the early implementation of the contested decision or the exercise of authority granted by the contested decision because of the imminent danger is urgently. Such a statement must be if at all possible in the decision about the main thing with.

(3) complaints in accordance with article 130 § 1 Z 4 and para. 2 Z 1 B-VG have no suspensive effect. However, the authority has the suspensive effect by a decision to grant, when the compelling public interests are opposed and after weighing up the contact with the public interests and interests of other parties with the immediate obligation of the directive or with the continuation of the behavior of the authority for the complainant a disproportionate disadvantage would be connected at the request of the complainant.

(4) the authority may repeal administrative decisions in accordance with paragraph 2 and 3 at the request of a party or amend if the relevant facts so changed, that his recent assessment would have a contrary in the main content of saying decision resulted.

(5) the appeal against an administrative decision in accordance with paragraph 2 or 3 has no suspensive effect. Unless the appeal be rejected as late or inadmissible, the authority has to submit the complaint by connecting the files of proceedings to the Administrative Court immediately. The administrative court procedure to decide without delay and the authority on the appeal without further, if this not issued a preliminary decision by appeal, to set aside the files of proceedings.

Complaint preliminary decision

14. (1) the procedure on appeals under article 130 § 1 Z 1 B-VG the authority is free to annul the contested ruling period of two months, to amend or to reject the complaint or dismiss (appeal decision). section 27 shall apply mutatis mutandis.

(2) the authority want to off by issuing a complaint preliminary decision, it has to submit the complaint in connection of the acts of the administrative procedure to the administrative court.

(3) the procedure on appeals under article 130 § 1 Z 4 B-VG has the authority to submit the complaint in connection of the acts of the administrative procedure to the administrative court.

Template request

15. (1) each party may file an application within two weeks after receipt of the appeal decision the authority, that the complaint is presented the administrative court decision (template application). If the template application is made by a party other than the appellant, he has the grounds on which the allegation of illegality based (§ 9 para 1 No. 3), and a desire (§ 9 para 1 No. 4) to contain.

(2) a time more appropriate and acceptable template request has suspensive effect if the authority has not excluded the suspensive effect of the appeal. The authority shall submit the template application and the appeal by connecting the file of the proceedings the Administrative Court and the presentation of the application to be communicated to the other parties.

(3) late and invalid template requests must be rejected by the authority with notice. Appeal is lodged against such a decision, the authority shall immediately submit the files of proceedings to the administrative court.

Catch-up of the notification

16. (1) the procedure on complaints of breach of the decision in accordance with article 130 § 1 Z 3 B-VG can the authority within a period of up to three months the decision adopted. Will adopt the decision or was he issued before the commencement of the proceedings, the procedure is.

(2) the authority does not bring to the decision, it has to submit the complaint in connection of the acts of the administrative procedure to the administrative court.

3. section

Proceedings before the Administrative Court

Applicable law

§ 17. Not else where in this federal law determines is, are the provisions of AVG with the exception of articles 1 to 5 and IV on the procedure on appeals under article 130 paragraph 1 B-VG part, the provisions of the federal tax code - BAO, BGBl. No. 194/1961, of the agrarian Procedure Act - AgrVG, Federal Law Gazette No. 173/1950, and of the service law Procedure Act 1984 - DVG, Federal Law Gazette No. 29 / 1984, and also those procedural provisions in federal or state laws apply by analogy to , which has used the authority in the previous proceedings before the administrative court proceedings or to apply would have had.

Parties

§ 18 party is also the judge authority.

Entry top institutions


§ 19. By federal or state law, it can be determined that in a matter of the Federal Administration, the competent Federal Minister, in a matter of land management enter the competent Land Government in place of other other of State organ or other prosecuted authority at any time in the process. This is however not allowed if 1 in a matter of own area of effect of the municipality or of other self-governing body an organ of self-government body or 2. a instruction-free provided organ is involved.

Font sets

§ 20. The complaints against the exercise of immediate management regulatory command and coercive power in accordance with article 130 § 1 Z are 2 B-VG and the other pleadings in the proceedings about this to engage directly with the administrative court. In all other proceedings, the pleadings from the template of the complaint with the Administrative Court are to introduce directly at this.

Access to the file

Section 21 (1) draft findings and decisions of the Administrative Court and minutes of any meetings and votes are excluded from file inspection.

(2) the authorities may require the submission of files to the Administrative Court, that certain files or file components be excluded from file inspection in the public interest. In file components that were excluded during the administrative procedure by the inspection, inspection may not be granted. The authority has to identify the eligible components of file in template of files.

Suspensive effect

Section 22 (1) complaints in accordance with article 130 § 1 Z 2 B-VG have no suspensive effect. However, the Administrative Court has the suspensive effect with decision to grant, if there are compelling public interests and after weighing up the contact with the public interests with continuing the exercise of immediate management regulatory command and coercive power for the complainant a disproportionate disadvantage would be connected at the request of the complainant.

(2) the procedure on appeals under article 130 paragraph 1 Z 1 B-VG can the administrative court exclude the suspensive effect by decision if after consideration of coming into contact with public interests and interests of other parties is urgently needed the early implementation of the contested decision or the exercise of authority granted by the contested decision because of the imminent danger.

(3) the administrative court may repeal decisions in accordance with § 13 and decisions referred to in paragraphs 1 and 2 at the request of a party or amend, if it otherwise assessed the conditions of the granting or the exclusion of the suspensive effect or have substantially changed the conditions that were decisive for the decision about the exclusion or granting the suspensive effect of the appeal.

Charge

section 23. The Administrative Court has the right to summon persons having their residence (seat) outside of the domain of the Administrative Court and their appearing is necessary.

Negotiation

24. (1) the administrative court at the request or, if it considers it necessary, officio conduct a public hearing.

(2) the hearing may be omitted if the delay complaint must be rejected 1 to reject the previous administrative procedure preliminary request of the parties or the complaint is or that already file location is established, that the decision under appeal appeal to repeal, to explain the contested exercise direct management authority command and coercive power or the contested directive for unlawful or 2nd or dismiss.

(3) the complainant has conducting a hearing into the complaint or in the template application to apply for. The other parties is to give opportunity to submit a request to hold a hearing within a reasonable period exceeding two weeks. A request to hold a hearing may be withdrawn only with the consent of the other parties.

(4) insofar as prescribed by federal or provincial law, not other is determined, the Administrative Court, notwithstanding a party request can refrain from a hearing if the files indicate that the oral discussion does not expect a further clarification of the case can be and an elimination of the hearing neither article 6 § 1 of the Convention for the protection of human rights and fundamental freedoms, Federal Law Gazette No. 210/1958, nor article 47 of the Charter of fundamental rights of the European Union , OJ No. C 83 of March 30, 2010 preclude p. 389.

(5) the administrative court can refrain from carrying out (continued) a hearing if the parties do not expressly. Such waiver may be declared up to the beginning of the (ongoing) negotiations.

Public proceedings and taking of evidence

§ 25 (1) only the public proceedings are excluded so far as this is for reasons of morality, public order or national security, commanded the respect of business and trade secrets, as well as in the interest of the protection of young people or of the private life of a party, a victim, a witness or a third party.

(2) the exclusion of the public according to process senior decision either on own initiative or on application by a party or a witness.

(3) immediately after the pronouncement of the decision referred to in paragraph 2, have to remove all listeners, but may require the parties, that the participation in the negotiation is permitted three persons of their trust.

(4) if the public was excluded from a hearing, it is so far prohibited to redistribute circumstances from when this is necessary for the reasons set out in paragraph 1.

(5) the head of the negotiating opened and leads the negotiation and manages the session police. The charge shall officio to ensure the full consideration of the case. Is determined by federal or state law, that the Administrative Court by the Senate rules, also the other members of the Tribunal are entitled to ask questions. The administrative court procedure senior decision decides on objections of instructions relating to the procedure, as well as on applications provided in the course of the proceedings.

(6) in the proceedings are required to decide the case evidence to record.

(7) the recognition can be made only by those members of the Administrative Court, which took part in the negotiations. Changes to the composition of the Senate or the case assigned to another judge, is negotiating to repeat. When precipitation of the decision is only to take, what has occurred in this negotiation into account.

(8) the advice and vote of the Senate is not public.

Fees of witnesses and participants

Section 26 (1) witnesses who will be heard in the proceedings before the Administrative Court for evidentiary purposes or whose hearing is omitted no their fault, are entitled to fees according to § 2 section 3 and sections 3 to 18 of the fees entitlement Act - GebAG, BGBl. No. 136/1975. The fee is to assert GebAG pursuant to § 19 in the administrative court.

(2) section 20 applies GebAG for the determination of the fee with the following stipulations: 1 What is the fee to charge for the time being. Before the fee calculation, the witness can be prompted to comment on circumstances that are important for the calculation of fees, and to present missing receipts, setting a specific time limit. The amounts of the fees shall be rounded to full 10 cent.

2. the provisionally calculated fee is to announce the witness in writing or orally. This may request in writing or orally within two weeks after the announcement of the fee the fees determination by the administrative court. If the witness makes no application fees determination or withdraws it, the announced charge is considered to be determined. The administrative court can determine the fee but institutionally different. After a period of three years following the notification of the charge, an official determination of fees is no longer allowed.

3. the witness may request the fees determination by the Administrative Court also if within eight weeks after recovery no fee will be announced. He withdraws the request for fee determination, the charges claim expires.

(3) the fee is charged to pay the witness. The additional charge the administrative court determines a higher fee than was paid to the witnesses, shall be free to pay the witness. The administrative court to determine a lower fee or exceeds the advance paid witness to the fee determined by him, so is the witness to the repayment of the amount paid in too much to undertake.

(4) the fees to the witnesses are to bear the Administrative Court in the matter has acted on behalf of that legal entity.

(5) paragraphs 1 to 4 shall apply also for stakeholders.

Audit scope


§ 27. As far as the Administrative Court is given not unlawful because of lack of competence of the authority, it has the contested decision, the contested exercise of direct management regulatory command and coercive power and the contested directive on the basis of the complaint (section 9 para 1 Nos. 3 and 4) or to check on the basis of the Declaration on the scope of the appeal (§ 9 para 3).

4 section

Findings and decisions

Findings

Section 28 (1) if not to reject the appeal or discontinue the procedure, has to take care of the administrative court the case through knowledge.

(2) on appeals in accordance with article 130 § 1 Z 1 B-VG has then to decide the administrative court if 1 is the relevant facts of the case or 2. the determination of the relevant facts by the Administrative Court in the interest of the rapid is situated or associated with a significant cost savings in the thing itself.

(3) the requirements of paragraph 2 are not available, the Administrative Court in the procedure on appeals under article 130 has to par. 1 Z 1 B-VG in the thing itself decide if the authority does not withhold the submission of the complaint, taking into consideration the substantial simplification or acceleration of the procedure. Failed the authority necessary investigation of the facts of the case, the administrative court may annul the contested ruling decision and remit the case to the issue of a new permit to the authority. The authority is bound by the ratio decidendi this connection, which the administrative court when its decision is assumed.

(4) the authority when deciding to exercise discretion, the Administrative Court, if it not referred to in paragraph 2 in the case itself has to decide, and if the complaint is not to reject or dismiss, annul the contested ruling decision and the matter of issuing a new notice has the authority to refer back. The authority is bound by the ratio decidendi this connection, which the administrative court when its decision is assumed.

(5) the Administrative Court repealed the contested decision, the authorities are obliged to immediately establish the legal status corresponding to the legal opinion of the Administrative Court in the case with the legal means at its disposal.

(6) paragraph 1 in proceedings to exercise direct administrative regulatory command and coercive power in accordance with article 130 Z is to reject a complaint not 2 B-VG, or reject, the Administrative Court has to explain direct management authority the exercise of command and coercive power to be unlawful and, if necessary, to repeal. Declared unlawful exercising of close management regulatory command and coercive power continues, the judge authority shall without delay to establish the State corresponding to the legal opinion of the administrative court.

(7) in the procedure of complaints of breach of the decision in accordance with article 130 § 1 Z 3 B-VG can the Administrative Court his limited knowledge for the time being on the decision of individual relevant questions of law and the authority to apply, the default notification on the basis of right view hereby established within certain, eight weeks not exceeding period to enact. So the administrative court the authority does not fulfil the order, rules on the appeal by knowledge in the matter itself, where it manages also the discretion otherwise attributable to the authority.

(8) that State of law occurs through the annulment of the contested directive which existed prior to the enactment of the directive; Regulations repealed as a result of the directive but this not again come into force. The authority is obliged to establish the legal status corresponding to the legal opinion of the Administrative Court in the case concerned with the legal means at its disposal without delay.

Announcement and copy of the findings

The findings are 29 (1) to announce on behalf of the Republic and to execute. They are establishing.

(2) a hearing in the presence of parties took place, usually the Administrative Court of the finding with the essential reasons for the decision to announce immediately has.

(3) the announcement of the decision is not applicable if 1 a negotiation not conducted (continued) been is or 2 the knowledge not readily can be handled after the conclusion of the oral proceedings and anyone access to that knowledge is guaranteed.

(4) the parties a written copy of the decision is to deliver. A written copy of the decision is Z in the article 132 § 1 to place 2 B-VG said cases also the competent Federal Minister.

Instruction on the appeal at the Constitutional Court and the review in the Administrative Court

section 30. Each realization must include an instruction on the possibility of making a complaint to the Constitutional Court and ordinary or extraordinary revision at the administrative court. The Administrative Court has also to point out: 1 that in proposing such a time limits to continuing appeal or revision;

2. on the legal requirements of the introduction of such appeal or revision by an authorized lawyer.

3. on which for such an appeal or revision to payable entry fees.

Decisions

Section 31 (1) as far as not a realization to make, the decisions and orders be by decision.

(2) on its decisions, the Administrative Court is as far as bound as they are not only process conductive.

(3) on the decisions of the administrative court second sentence, paragraph 4 and article 30 are article 29, paragraph 1 apply accordingly. This does not apply to proceedings preliminary decisions.

Reopening of the case

32. (1) the request of a party on resumption of proceedings closed by knowledge of the Administrative Court is to give place, if a revision to the administrative court against the knowledge is no longer allowed and 1 the realization by falsification of a document, false witness or other legal criminal action has been brought about or otherwise surreptitiously or 2. new facts or evidence come forth, that could be made in the proceedings through no fault of the party invoked and alone or in conjunction with other comprehensive income of the Proceedings expected to a differently denominated in the main content of the spell knowledge had brought, or 3. the realization of preliminary issues (article 38 AVG) was dependent on and subsequently over such a preliminary of the competent administrative authority or by the competent court in essential points made a different choice was or 4. subsequently a decision or a court judgment is known, or not subject to a suspension or amendment at the request of a party, and in the proceedings of the administrative court which would have justified the objection of the decisive thing.

(2) the application for recovery is to introduce within two weeks with the administrative court. The period begins with the date in which the applicant by reason of the resumption has become aware, if this happened after the proclamation of the oral decision and prior to delivery of the written copy only at this time. After a period of three years after adoption of the decision, it is no longer possible the request for recovery. Circumstances, compliance with the statutory period results from which are credible to the applicant.

(3) under the conditions of paragraph 1, the reopening of the case may be has also by virtue. After a period of three years after enactment of the decision the recovery can take place Z 1 officio only more reasons of para 1.

(4) the Administrative Court has to immediately inform the parties of the completed proceedings by the reopening of the case.

(5) on the decisions of the Administrative Court, the provisions applicable to his findings this section are to apply by analogy. This does not apply to proceedings preliminary decisions.

Restitutio in integrum

33. (1) If a party makes it believable that she missed a deadline or a hearing by an unforeseen or unavoidable event - so this that she has obtained no knowledge of a delivery through no fault of her - and as a result suffers a prejudice, so is to grant this party at the request of the restitutio in integrum. That is fault of the party to the non-observance to the last, the approval of the re-establishment of rights does not preclude, if it is only to a lesser degree of oversight.

(2) the restitutio in integrum due to failure to comply with the time limit for the submission of the application of a template is to grant if the deadline was missed because the preliminary decision by appeal to fencing has wrongly granted a right of appeal and the appeal taken the party or the appeal decision contains no instruction to the request a template, no time limit for the submission of the application of a template or specify that no appeal is admissible.


(3) the application for restitutio is in the cases of paragraph 1 to the template of the complaint to the authority to make from the template of the complaint with the administrative court within two weeks after the removal of the obstacle. In the cases of paragraph 2 the request within two weeks 1. after delivery of a notice or a court decision, is that the appeal as inadmissible rejected, or

2. after the time in which the party of the admissibility of a request on template became aware, with the authority to make. The omitted Act is at the same time to catch up.

(4) until the template of the complaint has the authority decision to decide on the request. Article 15 par. 3 is to apply mutatis mutandis. From template of the complaint has the administrative court decision to decide on the request. The authority or the Court the request for re-establishment of rights can grant the suspensive effect.

(5) with the approval of the re-establishment of rights, the procedure in the location resigns in which it has been before entering the non-observance.

(6) against the non-observance of the time limit for the request for re-establishment, no restoration will take place.

Decision

Section 34 (1) insofar as prescribed by federal or provincial law, not other is determined, the Administrative Court is bound procedure document instituting requests by parties and complaints without undue delay, but no later than six months after their receipt to decide. The procedure on appeals under article 130 paragraph 1 and paragraph 2 Z 1 B-VG begins the decision deadline with the presentation of the complaint, and in cases of § 28 paragraph 7 with the deadline set by the administrative court. As far as in combined proceedings (§ 39 para 2a AVG) the applicable legislation different decision deadlines, the last expiring is decisive.

(2) in the period are not included: 1. the time during which the procedure be suspended until a final decision on a preliminary question is;

2. the time of proceedings before the Administrative Court, before the Constitutional Court, or before the Court of Justice of the European Union.

(3) the administrative court can a procedure about a complaint pursuant to article 130 § 1 Z 1 B-VG with decision suspend if is 1 of the Administrative Court in a significant number of pending or to be expected in the near future procedures to resolve a question of law and at the same time in the administrative court a procedure on an appeal against a finding or a decision of an administrative court is pending , in which same legal question to solve is, and 2. a jurisdiction of the administrative court to resolve this legal issue is missing or the legal question to be resolved in the previous case law of the Administrative Court is not uniformly answered.

At the same time, the Administrative Court has the suspension of proceedings under title of the proceedings before the administrative court to be communicated to the administrative court. Such a notice must be omitted if the Administrative Court in the communication had to refer to proceedings before the Administrative Court, has referred to it once in a previous release. With the delivery of the decision or the decision of the Administrative Court of the Administrative Court in accordance with § 44 par. 2 of the Supreme Administrative Court Act of 1985 - VwGG, Federal Law Gazette No. 10/1985, is to continue the procedure. The Administrative Court has to notify the parties of the continuation of the proceedings.

5. section

Cost

Costs incurred in the proceedings on complaints due to exercise direct administrative regulatory command and coercive power

35. (1) in the procedure of complaints due to exercise direct administrative regulatory command and coercive power (article 130 § 1 Z 2 B-VG) prevailing party shall be entitled to reimbursement of its expenses by the losing party.

(2) if the contested exercise of direct management regulatory command and coercive power for unlawful is declared, then the complainant is the prevailing and the authority the losing party.

(3) if the complaint is rejected or dismissed or by the complainant before the decision by the administrative court pulled back, then the authority is the losing party the prevailing and the complainant.

(4) as expenses referred to in paragraph 1 shall apply: 1 the Commission fees as well as the cash outlay for the complainant to come up has, 2. the travel costs that were associated with the perception of his party rights in proceedings before the Administrative Court, as well as 3 by regulation of the Federal Chancellor to be determined lump sums for the typesetting, the negotiation and the template required.

(5) the amount of the document and the negotiating effort has to correspond to the average costs of representation or of the introduction of the pleading by a lawyer. For replacement which costs therefrom is the authorities a set fee to assess the average template, pleading, and negotiating effort of the authorities corresponds to.

(6) sections 52 to 54 VwGG are on claim reimbursement of expenses according to apply by analogy to section 1.

(7) reimbursement is payable at the request of the party. The application can be made until the end of the oral proceedings.

3. main piece

Special provisions

1 section

Procedures in cases in the Affairs of the own area of effect of the municipality

The provisions of this Federal Act of the authority on the appellate authority are section 36 (1) in cases in the Affairs of the own sphere of the community apply by analogy.

(2) authority within the meaning of § 8 para 1 last sentence is the authority that unless in the administrative appeal, the ruling as supreme authority, which is in the administrative procedure, it could be called in the way of an application for transition of decision duty, has not adopted, as well as request introductory the preceding administrative procedure was the authority of.

2. section

Procedures in administrative penal cases

Time limit for making the late payment complaint

section 37. The time limit for making a late payment complaint will also not include: 1. the time during which under a statutory provision the tracking of an administrative offence not initiated or continued;

2. the time during which for the offence against the offender criminal proceedings the public prosecutor's Office or a court.

Applicable law

section 38. Not else where in this federal law certainly is, are on the procedure on appeals under article 130 paragraph 1 B-VG in administrative penal cases the provisions of the administrative penal code 1991 - VStG, Federal Law Gazette No. 52/1991, with exception of the 5th section of the II. part, and of financial criminal law - FinStrG, Federal Law Gazette No. 129 / 1958, and in addition those procedural provisions in federal or state laws apply by analogy to, who has used the authority in the previous proceedings before the administrative court proceedings or to apply would have had.

Abandonment of appeal

§ 39. The accused may not effectively give a waiver of appeal (§ 7 para 2) during a detention.

Procedure help defenders

Section 40 (1) is a suspect being unable, without prejudice of the for him and people, for whose maintenance he has to make, to bear the costs of the Defense for a simple lifestyle of necessary maintenance, so has to decide that this a defender, added its costs has the accused not to pay, the administrative court at the request of the accused as far as this is in the interests of Justice , is required especially in the interest of an adequate defense.

(2) the request for assistance of a defence counsel can be provided in writing or verbally. He is from issuing the notice to the template of the complaint with the authority to bring from the template of the complaint with the administrative court. The application within the time limit for appeal at the Administrative Court is brought, so he is considered timely provided. The criminal case is determined to call in the application, for which the assistance of a defence counsel is sought.

(3) the authority shall immediately submit the request for assistance of a defence counsel and the records of the proceedings to the administrative court. The Administrative Court decided the assistance of a defence counsel, it has to notify the Committee of the Bar Association competent according to the seat of the Administrative Court, so that the Committee can order an attorney to the Defender. This, the Committee is in agreement with the designated lawyer to comply with the wishes of the accused to choose of the person of the Defender.

(4) the accused within the appeal period requested the assistance of a defence counsel, so the appeal period begins for him at the time to run, in which the decision on the appointment of a lawyer to the defenders and the decision to fencing are to this. Is the in time asked application of assistance of a defence counsel is rejected, the appeal period starts with the delivery of the certified decision on the accused to run.

(5) the appointment of a defence counsel goes out with the intervention of a representative.


(6) regarding private charges, the para are to use 1 to 5 with the proviso, that the request for assistance of a defence counsel also is possible, if the decision is not adopted the decision deadline. It can be placed at the earliest simultaneously with the collection of a late payment complaint and is to the template of the complaint with the authority to bring in from the template of the complaint with the administrative court.

(7) in terms of the procedures help the resumption of the proceedings is not allowed.

Suspensive effect

section 41. The suspensive effect of the appeal cannot be excluded.

Prohibition of imposing a higher penalty

§ 42. On the basis of one by the accused or an appeal raised in his favour no higher penalty shall be imposed in a knowledge or an appeal decision as in the contested decision.

Statute of limitations

43. (1) are since the receipt of a timely submitted and allowed appeal of the accused against one penal decision the authority past, occurs 15 months by law due to override; the procedure is to set.

(2) within the period referred to in paragraph 1, the times referred to in article 34, paragraph 2 and article 51 are not included.

Negotiation

44. (1) has the Administrative Court conduct a public hearing.

(2) the Conference shall not apply if the request of the parties or the complaint is rejected or already due to the file location is established, that the decision under appeal appeal to repeal.

(3) the Court may refrain from a negotiation if 1 the complaint only an incorrect legal assessment is claimed or the appeal aimed only against the amount of the penalty 2. or 3. in the contested decision not exceeding fine was imposed a 500 euro or 4. the complaint is against a procedural decision and no party has requested the implementation of a negotiation. The complainant has conducting a hearing into the complaint or in the template application to apply for. The other parties is to give an opportunity to make a request to hold a hearing. A request to hold a hearing may be withdrawn only with the consent of the other parties.

(4) insofar as prescribed by federal or provincial law, not else is intended, the Administrative Court, notwithstanding a party request can refrain from a hearing if it has to take a decision, the files indicate that the oral discussion does not expect a further clarification of the matter allows, and an elimination of the hearing neither article 6 § 1 of the Convention for the protection of human rights and fundamental freedoms , Federal Law Gazette No. 210/1958, nor article 47 of the Charter of fundamental rights of the European Union, OJ No. C 83 of March 30, 2010 preclude p. 389.

(5) the administrative court can refrain from carrying out (continued) a hearing if the parties do not expressly. Such waiver may be declared up to the beginning of the (ongoing) negotiations.

(6) the parties are so in time for the trial to download that from the delivery of a cargo of at least two weeks to prepare to provide guests.

Implementation of the negotiation

45. (1) the negotiation begins by calling the thing. Witnesses have to leave the hearing room.

(2) If a party despite proper charge is not published, this will prevent the implementation of negotiation nor the precipitation of the decision.

(3) at the beginning of the trial is the subject of the hearing to call and the previous course of the procedure to merge. Then is to give the parties an opportunity to comment.

Taking of evidence

46. (1) has the administrative court to record the evidence required to decide the matter.

(2) in addition to the charge are the parties and their representatives, in particular the accused, in the proceedings before the Senate also the other members shall be entitled, on any person, who heard, to ask questions. The head of negotiations gave the floor to them do so. He can dismiss questions which are not the investigation of the facts of the case.

(3) transcripts of the interrogation of the accused or witnesses, as well as the opinions of experts may be read only if 1 the heard in the meantime have died, their abode is unknown or her personal appearance because of their age, because of illness or disability or due to stay away or other substantial reasons may not be required or the at the hearing heard in essential points from their earlier statements deviate 2. or 3 witnesses , without entitled to be or accused person remain silent or 4 all present Parties agree.

(4) other evidence, such as visual recordings, photos or documents, must be provided to the accused. It is to give him the opportunity to comment on.

Final of the bargaining

47. (1) is the procedure as far as possible in a transaction to complete. Turns out the questioning of the accused remained away the hearing or taking further evidence as necessary, adjourn the hearing is.

(2) if the case is ready for decision, the taking of evidence is to close.

(3) after the close of the taking of evidence, opportunity is the parties to their final designs to give. The right to the accused, to speak last. Transcripts require not the signature of witnesses.

(4) this is the negotiation to close. In proceedings before the Senate that withdraws for the consultation and coordination. The saying of the decision and its main rationale is to decide immediately if possible, and to announce.

Immediacy of the procedure

section 48. If a trial was carried out, then consideration is at the precipitation of the decision only on this to take, what has occurred in this negotiation. Document is only to the extent to take into account, as they were read at the trial unless the defendant had waived, or when there is evidence, their discussion as a result of the waiver is accounted a continued negotiations in accordance with article 44, paragraph 5.

Fees of the parties

§ 49. section 26 does not apply to parties.

Findings

§ 50 if the complaint is not to reject or discontinue the procedure has the Administrative Court on appeals in accordance with article 130 paragraph to decide 1 Z 1 B-VG in the thing itself.

Decision

§ 51. In the period referred to in article 34, paragraph 1 are also excluded: 1. the time during which under a statutory provision the persecution not initiated or continued;



2.



the time during which for the offence against the offender criminal proceedings the public prosecutor's Office, a court or before an administrative authority.

Cost

Section 52 (1) in any realization of the Administrative Court, confirming a sentence is to say that the person sentenced has to make a contribution to the costs of criminal proceedings.

(2) this post is for the appeal procedure with 20% of the fine imposed, but not less than ten euros to measure; Prison sentences a day is to calculate the cost to be imprisonment equal to 100 euro. The cost contribution flows to the authority, which has to bear the expenses of the administrative court.

(3) have grown up in the administrative procedure of out-of-pocket expenses (§ 76 AVG), the reimbursement of these expenses is the punished to impose, as far as they are not caused by the fault of another person; the amount to be replaced after this is when advisable in the realization or numerically set by special resolution. This does not apply to charges related to the interpreter, was supplied to the accused.

(4) the cost of an interpreter are a procedure help Defender supplied according to § 40, as far as its attendance to the meetings between the defender and the accused was required to be paid by the entity in whose area of enforcement the Administrative Court in the matter acted in the amount of the provisions applicable to interpreting the GebAG of. The fee is in the Administrative Court has decided on the request for assistance of a defence counsel, to assert.

(5) from the collection of fees (paragraph 1 and § 54 VStG) and the cash expenses, it is to be seen if the reasons it may be accepted that she would be unsuccessful.

(6) that are sections 14 and 54b paragraph 1 and 1a VStG apply accordingly.

(7) an application of penalized on resumption of the administrative penal proceeding is not upheld, the preceding provisions apply with regard to the obligation to pay the costs of the proceedings mutatis mutandis.

(8) the costs of the appeal proceedings are not to impose on the appellant if only partly consequence has been given to the complaint.

(9) If a penalty imposed as a result of complaint is repealed, the costs of the proceedings of the authority shall be borne if they are already paid, to reimburse.

(10) the private prosecutor are to pay only the costs actually caused by his intervention in such cases.

3. section

Procedure for complaints of unlawfulness of conduct of an authority in the execution of the laws


section 53. Not another insofar as prescribed by federal or provincial law determines is, are on procedure for complaints of illegality of a behaviour of an authority in the execution of the laws in accordance with article 130 section 2 Z mutatis mutandis apply the provisions relating to appeals against the exercise of immediate management regulatory command and coercive power to 1 B-VG.

4 section

Perception vs. findings and decisions of the Registrar

Section 54 (1) against the findings and decisions of the Registrar (§ 2) may be charged presentation to the competent Member of the administrative court.

(2) for proceedings preliminary decisions of the Registrar, a separate performance is not allowed. You can be challenged only in the imagination against the knowledge be the case.

(3) the time limit for making the idea is two weeks. § 7 para 4 is Nos. 1, 2 and 5 apply accordingly.

(4) any knowledge and every decision in the sense of paragraph 1 shall contain an instruction on the possibility of making a presentation to the competent Member of the administrative court. The Administrative Court has to point out the deadlines to be observed in proposing such a notion.

4. main piece

Final provisions

References

Article 55. As far as other federal laws is referenced in this federal law provisions, these are to apply in their respectively valid version.

Linguistic equal treatment

Article 56. As far as the designations employed in this federal law relating to natural persons, the selected form applies to both sexes. In the application of these terms to certain natural persons the respective gender-specific form is to use.

Enforcement

§ 57. Is with the execution of this federal law, unless it otherwise, entrusted to the Federal Government.

Entry into force

58. (1) this federal law 1 January 2014 into force.

(2) contrary provisions in federal or state laws, which are already made manifest at the time of entry into force of this federal law shall remain unaffected.

Article 2

Federal law on the transition to two-stage administrative justice (Verwaltungsgerichtsbarkeits transition Act)

Scope of application

§ 1. This federal law regulates the transition to two-stage administrative justice except for those matters which belong to the jurisdiction of the Federal Finance Court.

Independent administrative authorities, other independent administrative authorities, show authorities and other administrative authorities

§ 2 (1) is the decision of an independent Administrative Tribunal, or of the Federal Procurement Office (hereafter: independent administrative authorities), one in the system to the Federal Constitutional law B-VG, Federal Law Gazette No. 1/1930, referred administrative authority (the following: other independent administrative authority) or a supervisor in a proceedings with her about a presentation in accordance with art. 119a sec. 5 B-VG, in force until the expiry of the 31 December 2013 amended (hereafter : Performance authority), whose delivery prior to the expiry of the 31 December 2013 is prompted, until the end of this day not valid have been delivered, so this decision still applies to all parties, which prompted the delivery is, as delivered.

(2) the decision of other than administrative authority referred to in paragraph 1, which is responsible, with the end of 31 December 2013 for the issuing of this decision with 1 January 2014 for the issuing of this decision is no longer responsible is, 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.

(3) the running of a period is determined by the delivery, this period shall begin with the time to run, would apply in the decision in accordance with the provisions of the extra - 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.

(4) is the decision of an independent administrative authority, other independent administrative authority or an idea authority before the expiry of the 31 December 2013 was announced orally, the delivery of a written copy triggering the start of the appeal period of the notification but not prompted until the end of this day, so the decision at the end of this day override occurs.

Administrative courts

§ 3 (1) has been issued a decision against which an appeal is allowed, before the expiry of the December 31, 2013, is still running the deadline for appeal with the end of 31 December 2013 and appeals was not already filed against that decision until the end of 31 December 2013, so can complaint against him from January 1 until the end of the 29 January 2014 in accordance with article 130 paragraph 1 Z 1 B-VG with the administrative court levied. One against such a decision until appointment is raised to the end of 31 December 2013 is considered timely raised complaints in accordance with article 130 paragraph 1 Z 1 B-VG.

(2) is a decision against which an appeal is allowed, however, in a multiple-party procedure up to the end of 31 December 2013 though to at least one party, but not to all parties, whom he was to adopt, adopt was, so can the parties issued this decision after the expiry of the 31 December 2013 those, within four weeks of complaints in accordance with article 130 para 1 Z 1 B-VG with the administrative court levied. Against such a decision to appeals raised the end of 31 December 2013 Z considered 1 B-VG in time raised complaints in accordance with article 130 paragraph 1.

(3) any decision, approved at the end of September 30, 2013, shall contain a reference to the legal consequence of paragraph 1 or in paragraph 2.

(4) in terms of issues of own area of effect of the municipality, where even after the expiry of the 31 December 2013 is a two-stage appeal, para 1 to 3 on administrative decisions are the appellate authority shall apply by analogy to, that "Appeal" within the meaning of paragraph 1 to 3 is the notion. It is arranged by federal or state law, that in the case in point the idea in accordance with art. 119a sec. 5 B-VG, in force until the expiry of the 31 December 2013 amended to the supervisory authority will not take place, are applying para 1 to 3 with the proviso to that complaint to the administrative court after exhaustion of any the turn of of instance of may be raised.

"(5) on the exercise of immediate management regulatory command and coercive power and instructions referred to in article 81a para 4 B-VG, paragraph 1 shall apply by analogy, is that in terms of this provision 1"appeal"the complaint in accordance with article 129a par. 1 Z 2 B-VG in force until the expiry of the 31 December 2013 amended with the independent administrative panel of appeal and the appeal in accordance with article 130 para 1 second sentence Act in force until the expiry of the 31 December 2013 amended and 2." "Appeal in accordance with article 130 paragraph 1 Z 1 B-VG with the Administrative Court" the complaint pursuant to article 130 paragraph 1 4 B-VG with the Administrative Court is no. 2 or Z. The complaint in accordance with article 130 § 1 Z 2 B-VG can until the end of the 12th February 2014, the complaint in accordance with article 130 § 1 Z 4 B-VG collected until the end of the 29 January 2014.

(6) the administrative courts from 1 January 2014 on the resumption of and the restitutio in integrum in procedures that either in this date in accordance with article 151 51 Z have adopted paragraph 8 B-VG on the administrative courts, or they were still pending at this time would go over. The sections 32 and 33 of the Administrative Court Procedure Act - VwGVG, Federal Law Gazette I no. are 33/2013, apply accordingly.

(7) at the end of 31 December 2013 at the independent administrative authorities pending cases can be continued by the administrative courts when the case at this time 1 to the jurisdiction of the independent administrative Senate has heard, then belongs to the jurisdiction of the Tribunal or the single judge of an administrative court and all members of this Senate or the judge listened to the Senate of the independent administrative authority or

2. to the competence of a single member of the independent administrative authority has heard, then belongs to the competence of the single judge of an administrative court and it's same officials.

(8) at the end of 31 December 2013 at the asylum court pending cases can be continued by the Federal Administrative Court if the case at this time 1 to the jurisdiction of a Tribunal of the asylum Court has heard, then belongs to the jurisdiction of the Tribunal or the single judge of the Handelshof, all members of this Senate or the judge listened to the Senate of the asylum Court and

2. to the competence of a single member of the asylum Court has heard, then belongs to the competence of the single judge of the Handelshof and it's same officials.

Administrative Court


4. (1) a decision against a complaint pursuant to article 130, para 1 lit is. 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 paragraph 1 may against him from January 1 until the end of the 12th February 2014 in by analogy with application of article 133 Z 1 B-VG revision in the Administrative Court levied. Was raised against such a decision before the expiry of the 31 December 2013 complaint with the Administrative Court, and the appeal period running at the end of 31 December 2013, the complaint is considered timely collected revision in accordance with article 133 paragraph 1 Z 1 B-VG.

(2) para 1 shall apply in the cases of § 2 para 1 under the condition that revision shall be brought within six weeks from the date referred to in article 2, paragraph 2.

(3) a decision against a complaint with the Administrative Court is allowed, is however in a multiple-party procedure up to the end of 31 December 2013, although at least one party but not to all parties, to whom he was, been adopted, paragraph 1 may Z by the parties issued this decision after the expiry of the 31 December 2013 those across six weeks in by analogy with application of article 133 1 B-VG review in the administrative court levied. Against such a decision to complaints raised about the timing of the December 31, 2013 Z considered 1 B-VG in time raised revisions in accordance with article 133 paragraph 1.

(4) any decision, approved at the end of September 30, 2013, has a note on the legal consequence of para 1 to 3 to contain.

(5) which is the para 1 to 3 revision according to introduce immediately at the administrative court. The revision against the decision of an independent administrative authority or an authority referred to in article 20 (2) Z 2 or 3 B-VG in force until the expiry of the 31 December 2013 amended is inadmissible, if the requirements of article 133 paragraph 4 are not available B-VG. Such a revision has separate reasons for include why the requirements of article 133 paragraph 4 are B-VG. Whether such a revision in accordance with article 133 paragraph 4 B-VG is permitted, is to judge of the administrative court. The provisions of the Administrative Court Act apply to the treatment of revision 1985 - VwGG, BGBl. No. 10 / 1985, in force until the expiry of the 31 December 2013 amended mutatis mutandis with the proviso that the revision as inadmissible may be rejected rather than the rejection of the complaint in accordance with § 33a VwGG in force until the expiry of the 31 December 2013 amended. Revisions against decisions of other than the authorities referred to in the second sentence the requirements of article 133 does not apply to B-VG para 4.

(6) against a decision of the asylum Court, which only will, Parties at the end of 31 December 2013 whose Zustellung however is made before the end of this day, a revision to the Administrative Court is not permitted.

Pending before the administrative court proceedings on complaints of breach of decision

5. (1) in the administrative court at the end of 31 December 2013 considered pending proceedings on complaints of breach of the decision by an independent administrative authority procedures over a period setting request.

(2) the Administrative Court has the complaints in other with him at the end of 31 December 2013 proceedings over complaints of breach of the decision to the competent administrative court by connecting the files of proceedings to cede. The decision period for the Administrative Court begins to run with the receipt of the files in the administrative court.

(3) in the case of the assignment referred to in paragraph 2, an already paid entry fee is retroactive to reimbursed.

Constitutional Court

6. (1) a decision against a complaint pursuant to article 144 paragraph 1 B-VG, in force until the expiry of the 31 December 2013 amended at the Constitutional Court is allowed, adopted before the expiry of the 31 December 2013 is, is still running the appeal period with end of 31 December 2013 and was against this decision not already up to the end of 31 December 2013 at the Constitutional Court an appeal filed , so can be from January 1 until elevated to the expiration of the 12 February 2014 para 1 complaint pursuant to article 144 B-VG at the Constitutional Court against him. Was raised against such a decision before the expiry of the 31 December 2013 appeal at the Constitutional Court, and the appeal period running at the end of 31 December 2013, the complaint is considered B-VG in time raised complaint pursuant to article 144 paragraph 1.

(2) para 1 shall apply in the cases of § 2 para 1 with the proviso that the complaint shall be brought within six weeks from the date referred to in article 2, paragraph 2.

(3) a decision against which an appeal at the Constitutional Court is allowed, is however in a multiple-party procedure up to the end of 31 December 2013 though to at least one party, but not to all parties, he was to adopt those that adopt been so para 1 shall be brought by the parties, this decision at the end of 31 December 2013 will adopt those, within six weeks complaint pursuant to article 144 B-VG at the Constitutional Court. Against such a decision to complaints raised about the timing of the 31 December 2013 B-VG are considered timely raised complaints in accordance with article 144 para 1.

(4) the assignment of a complaint to the Administrative Court is inadmissible if it is a case which is excluded in accordance with the force until the expiry of the 31 December 2013 legislation of the jurisdiction of the administrative court.

(5) any decision, approved at the end of September 30, 2013, has a note on the legal consequence of para 1 to 3 to contain.

Appeals against decisions of the Court of asylum

7. (1) a decision of the asylum Court, against which a complaint pursuant to article 144, paragraph 1 B-VG, in force until the expiry of the 31 December 2013 amended at the Constitutional Court is allowed is adopted before the end of 31 December 2013, is still running the appeal period with end of 31 December 2013 and was against this decision not already up to the end of 31 December 2013 at the Constitutional Court an appeal filed , so can be from January 1 until elevated to the expiration of the 12 February 2014 para 1 complaint pursuant to article 144 B-VG at the Constitutional Court against them. An appeal against such a decision until the end of 31 December 2013 deemed timely raised complaint pursuant to article 144 B-VG para 1.

(2) a decision of the asylum Court, against which an appeal at the Constitutional Court is allowed, however, is up to the expiry of the 31 December 2013 was though to at least one party, but not to all parties, to whom she adopted, been adopted, so para 1 shall be brought by the parties, this decision at the end of 31 December 2013 will adopt those, within six weeks complaint pursuant to article 144 B-VG at the Constitutional Court. Against such a decision to complaints raised about the timing of the 31 December 2013 B-VG are considered timely raised complaints in accordance with article 144 para 1.

Complaints which are handed over the administrative court to the decision of the Constitutional Court

§ 8. Has the Constitutional Court in a procedure pursuant to article 144 paragraph 1 B-VG in force until the expiry of the 31 December 2013 amended until the end of 31 December 2013 a complaint pursuant to article 144 paragraph 3 B-VG, in force until the expiry of the 31 December 2013 amended ceded the Administrative Court of the Administrative Court in such proceedings has the provisions of the Act in force until the expiry of the 31 December 2013 amended and the VwGG in the to the end of 31 December 2013 amended continues to apply.

Defence Authority or audit teams

§ 9 (1) the procedures referred to in articles 3 to 8 shall para article 151 mutatis mutandis apply 51 Z 7 and 9 B-VG.

(2) a person who in the procedures in accordance with sections 3 to 8, and article 151 paragraph 51 Z 7 and 9 B-VG terms authority or revision opponents is, is by analogy with application of the relevant provisions of the VwGVG, the VwGG, and the Constitutional Court Act 1953 - VfGG BGBl. to judge no. 85/1953,.

References

§ 10. Unless explicitly determined otherwise, references in this Federal Act on provisions of the B-VG shall be construed as references to those provisions in force 1 January 2014.

Entry into force

11. (1) this federal law at the end of the month of its by-laws enter into force.

(2) contrary provisions in federal laws, which are already made manifest at the time of entry into force of this federal law shall remain unaffected.

Article 3

Amend the Verwaltungsgerichtshof Act 1985

The Administrative Court Act 1985 - VwGG, Federal Law Gazette No. 10/1985, as last amended by the amendment to Verwaltungsgerichtsbarkeits 2012, Federal Law Gazette I no. 51/2012, is amended as follows:


1. in article 2 and article 11, paragraph 3 is replaced 'other' "other" through the word.

2. in article 3, paragraph 1, the expression "Paragraph 4" with the expression "Paragraph 5" will be replaced; the second sentence reads:

"The time of decommissioning remains chargeable for the revolting in higher salaries and for the assessment of quiet enjoyment."

3. in section 3, paragraph 2, the phrase is replaced by the phrase "In addition" "Indeed".

4. paragraph 3 is omitted § 9.

5. in section 10, paragraph 2, the expression "Paragraph 2" with the expression "Paragraph 4" is replaces Z 1.

6 paragraph 2 deleted § 11.

7. in article 11, paragraph 3, the phrase is replaced by the phrase "in advance" "in advance".

8. in article 11, para 3 to 5 get the paragraph titles (2) to (4).

9 § 11 paragraph 4 (paragraph 3 new) second sentence deleted.

10. in article 12, paragraph 1, introduction is replaced by the phrase "a member to be determined in the allocation of business" the phrase "the seniors of the other members".

11. in article 12, para. 1, subpara 1 lit. the phrase is a "complaints and by" by the phrase "revisions and" replaced.

12 § 12 para 1 subpara 1 lit. c is: "c) on deadline-setting applications;"

13. in article 12, paragraph 1 Z 2, the word "Complaints" is replaced by the word "Revisions".

14 paragraph 2 deleted § 12; paragraph 3 and 4 of this section receive the terms of paragraph (2) and (3).

15. in article 12, paragraph 3, the word "Appeal" is replaced by the word "Revision".

16. in article 13, paragraph 1, the expression "Paragraph 3" by the expression "Paragraph 2" is replaced.

17 § 14 para 2 is as follows:

"(2) Verfahrensleitende meets the reporter without a Senate resolution arrangements during the pre-litigation procedure, procedure preliminary arrangements which serve only to prepare the decision and process executive orders and decisions concerning the granting of suspensory effect and the legal aid (section 61)."

18. in article 15, he receives the sales designation (4) Verwaltungsgerichtsbarkeits Amendment 3 2012 attached paragraph.

19 § 15 paragraph 4 the last sentence is omitted.

20. in article 15, paragraph 4 which is after the Literabezeichnung "b" expression ", c" inserted.

21. in the heading to the 1 under section of II section the phrase "on complaints" is omitted.

22 paragraph 21 paragraph 1:

"(1) parties in the proceedings on an appeal against the finding or the decision of an administrative court for unlawfulness under article 133 § 1 Z 1 or paragraph 9 are B-VG (revision) 1 the revision advertisers;"

2. the judge authority of the proceedings before the Administrative Tribunal, if revision is levied against its realization or decision does not by itself;

3. in the cases of § 22 second sentence the competent Federal Minister or the State Government.

4. the persons who are affected by a suspension of the contested decision or decision or a decision on the merits in their legal interests (stakeholders)."

23. in article 21, paragraph 2, the word "Appeal" is replaced by the word "Revision".

24 § 21 the following paragraph 3 is added:

"(3) a party to the proceedings on an application for deadline due to breach of the decision by an administrative court in accordance with article 133 § 1 Z 2 B-VG (period legislative proposal) is the applicant."

25 paragraph 22:

"§ 22. The revision levied by a public body or other authority is party in the sense of § 21 para 1 No. 2, so the State Government to place this institution or this authority at any time in the process can occur in a case in the Federal Administration of the Minister of the Federal Affairs and in matters pertaining to the administration of the country. "This is not true if 1 in a matter of own area of effect of the municipality or of other self-governing body an organ of self-government body or 2. a instruction-free verifications organ is party within the meaning of § 21 para 1 No. 2."

26. in article 23, paragraph 1, the word "Thing" is replaced by the word "Case".

27 § 24 para 3 No. 2 is: "2. the fee is 240 euro. The Federal Chancellor and the Federal Minister of finance is empowered to redetermine the entry fee by regulation, as soon as and as far as by the Bundesanstalt "Statistics Austria" said is 2010 consumer price index or instead of index to verlautbarten for January 2013 and the last setting has changed as a result opposite underlying index number by more than 10%. "The new amount shall be calculated, commercial, however on all ten euros from the amount referred to in the first sentence in the ratio of change of the index number to the index number relevant for the realignment announced for January 2013 or complete."

28 § 24 is replaced by the following sections 24 and 24a:

"Section 24 (1) as far as in this federal law not otherwise destined, are to introduce the written pleadings in the administrative court." Immediately upon the Administrative Court are to introduce in particular: 1. written statements in appeal proceedings from the template of the revision of the Administrative Court;

2. applications for granting of legal aid to the drafting and introduction of an appeal against a finding or a decision of the Administrative Court, in which it has pronounced that the revision pursuant to article 133 paragraph 4 B-VG is allowed.

(2) the revisions, period legislative requests and requests for retrial and restitutio in integrum are drawn up by an authorised lawyer (accountant or auditor) and to introduce (legal obligation). This does not apply to 1 revisions and claim, which by the Federal Government, of a country, a city with its own statute, or of a Foundation, a fund or an institution, managed by organs of the authorities or persons (body), which do so by organs of these bodies have been appointed, or introduced by the authorities or bodies;

2. revisions and amendments in service cases of the non-service or retirement legally qualified staff of the Federal Government, a country, a municipality or a municipal Association.

(3) from each font set along with side dishes so many identical copies are to teach that each of the administrative court or the administrative court to verständigenden party or authority placed a copy and moreover one can be retained for the record of the administrative court. The side dishes are very extensive, the addition of copies can be avoided. According to § 28 para 4 and 5 are to teach only in single copy. The same Scriptures require any signature.

(4) for pleadings which are submitted electronically, a simple insertion is sufficient. If multiple copies are needed of pleadings in electronic legal relations, the Administrative Court has to produce the corresponding printouts. In cases where copies are required of pleadings in electronic legal transactions with exceptional range or in an exceptional number of reporting of the party, setting a reasonable time limit can apply the provision of copies.

§ 24a. For revisions, is in accordance with the following provisions to pay an entry fee period legislative requests and requests for retrial and restitutio in integrum including the garnishes: 1 the fee is 240 euro. The Federal Chancellor and the Federal Minister of finance is empowered to redetermine the entry fee by regulation, as soon as and as far as by the Bundesanstalt "Statistics Austria" said is 2010 consumer price index or instead of index to verlautbarten for January 2013 and the last setting has changed as a result opposite underlying index number by more than 10%. The new amount shall be calculated, commercial, however on all ten euros from the amount referred to in the first sentence in the ratio of change of the index number to the index number relevant for the realignment announced for January 2013 or to round off.

2. local authorities are exempt from the payment of the fee.

3. the fees debt shall be incurred at the time of the handing-over of command or, if this is put in the way of electronic transactions at the time of the introduction at the Administrative Court in accordance with article 75, paragraph 1. The fee is payable at this time.

4.

The fee is stating the purpose of the use by bank transfer to a corresponding account in the Tax Office for fees, to pay transport taxes and gambling. The arbitration of fee shall be demonstrated through a payment receipt confirmed by a post office or a bank in original. This document is to connect the input. The inlet point of the administrative court or the Administrative Court has the receipt to reset the revision referrer (the applicant) on request, before attaching a significant endorsement and remaining in the Act issuing of the command to confirm that the payment has been demonstrated through presentation of the payment receipt. The presentation of a separate receipt is required for each entry. Attorneys at law (tax advisor or accountant) can prove paying the fee by a written receipt of the payment order to be forwarded at the latest at the same time with the input if they confirm it with date and signature, irrevocably grant the transfer order under a.

5 is an entry is inserted into the way of electronic transactions, the fee by direct debit and confiscation shall be paid. In the input is the account from which the fee to collect is, or the address code (section 73), under which an account is stored, the fee should be withdrawn by the, to specify. After consultation with the General Assembly, the President has the procedure the debiting and collect the fee in the way of automation-supported data processing and in accordance with the technical and organizational conditions to determine the moment at which the fee can be paid by direct debit and collect by regulation, taking into consideration the principles of a simple and cost-efficient management and a protection against abuse.

6. for the collection of the fee (Nos. 4 and 5), the Tax Office for fees, transfer taxes and gambling is responsible.

"7. in addition, the fees Act are on the fee 1957, BGBl. No. 267/1957 input with the exception of sections 11 to apply Z 1 and 14."

29 paragraph 25:

"Section 25 (1) the parties can inspect at the Administrative Court in the acts relating to their case and from files or file contents in place make up copies itself or create at their own expense copies or printouts. As far as the national court electronically leads the files relating to the case, access to the files in any technically feasible form of the party upon request may be granted. Draft findings and decisions of the Administrative Court, and minutes of its discussions and votes are excluded from file inspection.

(2) to the extent they have not already done this submission of files to the Administrative Court, the authorities on the occasion of the presentation of acts by the Administrative Court of the administrative court may require that certain files or file components be excluded from file inspection in the public interest. The reporter considers too far, the desire he has to listen to the authorities about his concerns and to obtain only a decision of the Senate. In file components that were excluded during the administrative procedure by the inspection, inspection of files may not be given. The authority has to identify the eligible components of the file on the occasion of the presentation of files."

30. According to § 25, 25a the following paragraph and heading shall be inserted:

"Revision

Section 25a. (1) the Administrative Court in the quote of his decision or decision to pronounce whether the revision in accordance with article 133 paragraph 4 B-VG is allowed. The statement is due shortly.

(2) a not permitted against is revision: 1 decisions in accordance with article 30a, paragraph 1, 3, 8 and 9;

2. decisions pursuant to § 30 para 3; b

3. decisions pursuant to article 61, paragraph 2.

(3) against the procedure preliminary decisions, a separate revision is not allowed. You can only be challenged in the revision against the knowledge be the case.

(4) If on a case of management or in a financial criminal case 1 a fine of up to 750 euros and no prison sentence was imposed and 2nd in the knowledge, a fine was imposed of up to 400 euro, is a revision due to violation of rights (article 133 paragraph 6 Z 1 B-VG) not permitted.

(5) the revision is to bring in the administrative court."

31 paragraph 26 including the heading:

"Revision period

Section 26 (1) the period for making an appeal against a finding of an administrative court (revision period) six weeks. It starts 1 in the cases of article 133 paragraph 6 Z 1 B-VG if the knowledge was delivered to the revision advertising with the day of delivery, if the knowledge only orally, proclaimed that the revision advertising but with the date of delivery;

2. in the cases of article 133 paragraph 6 Z 2 B-VG if the knowledge was made to the prosecuted authority of the proceedings before the administrative court with the day of delivery;

3. in the cases of article 133 paragraph 6 Z 3 B-VG if the knowledge was delivered to the competent Federal Minister, with the day of delivery, otherwise with the time in which he has; becomes aware of the knowledge

4. in the cases of article 133 paragraph 6 Z 4 B-VG if the knowledge has been delivered to the School Board, with the day of delivery, otherwise with the time in which it has; becomes aware of the knowledge

5. in the cases of article 133 paragraph 8 B-VG if the knowledge was made to the organ authorized to collect the revision on the basis of the federal or provincial law, with the day of delivery, otherwise with the time in which it became aware of the knowledge.

(2) is the knowledge already delivered to another party or announced, the revision can be raised already from the time, in which the revision seekers of knowledge gained knowledge.

(3) has applied for the grant of legal aid the party within the audit period (§ 61), so the revision period begins for them with the delivery of the decision on the appointment of the lawyer on this. Is the timely asked grant of legal aid application is rejected, the revision period begins with the delivery of the certified decision to the party.

(4) has the Constitutional Court a complaint pursuant to article 144 paragraph 3 B-VG the Verwaltungsgerichtshof ceded VfGG to the revision period begins with the delivery of the decision or the decision of the Constitutional Court, or if the transfer request has been filed the complaint only after its delivery with the delivery of the decision in accordance with § 87 para. 3.

(5) on the decisions of the administrative courts the provisions of this paragraph on their findings are to apply by analogy."

32. section 27 is eliminated.

33. paragraph 28 together with the heading:

"Content of the revision

Section 28 (1) the revision has to contain the name of the contested decision or to the contested decision, 2. 1 the designation of the Administrative Court, which has issued that finding or decision, 3. the facts, 4 the term of rights, in which the revision advertisers claimed to be injured (revision points), 5. the grounds on which the allegation of illegality is based, 6 a particular desire , 7 the data which are required to assess whether the revision is introduced in a timely manner.

(2) when revisions to findings not collected due to violation of rights and revisions against knowledge of directives in accordance with article 81a para 4 B-VG takes the place of the revision points of the Declaration on the scope of the challenge.

(3) has pronounced the Administrative Court in the knowledge that the revision pursuant to article 133 paragraph 4 B-VG is allowed, the revision has separately also the reasons to include, which contrary to the statement of the Administrative Court, the revision to be admissible shall be deemed (extraordinary audit).

(4) the revision a copy is to connect transcript or copy of the contested decision, if it has been made to the revision advertising.

(5) on the decisions of the administrative courts the provisions of this paragraph on their findings are to apply by analogy."

34. paragraph 29:

"§ 29. "Party in the sense of § 21 para 1 No. 2 in a case in the Affairs of the Swiss Confederation is not the competent Federal Minister or in matters pertaining to the administration of the country, not the State Government, is to connect even more copies for the Federal Minister or the Government of the country except the otherwise required copies of the audit together with supplements."

35. paragraph 30:

"Section 30 (1) has the revision no suspensive effect. The same applies to the application for restitutio in integrum due to non-observance of the revision period.


(2) up to the Administrative Court of the template of the revision, from template of revision of the Administrative Court has however at the request of the revision recruiter to grant the suspensive effect with decision, when 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 realization for the revision advertisers 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 revision substantially changed, is to decide on the request of a party.

(3) the administrative court may from template of revision on its own initiative or on application by a party repeal decisions referred to in paragraph 2 or amend, if he otherwise assessed the conditions of granting the suspensive effect or have substantially changed the conditions that were decisive for the decision on the suspensive effect of the revision.

(4) decisions in accordance with paragraph 2 and 3 are to make to the parties. Is awarded to the suspensive effect, is to defer the implementation of the contested decision and are the previous required arrangements to meet; the holder of the authorization granted by the contested finding may not exercise it.

(5) on the decisions of the administrative courts the provisions of this paragraph on their findings are to apply by analogy."

36. following sections 30a and 30B with headings shall be inserted:

"Preliminary decision by the Administrative Court

section 30a. (1) revisions, which are suitable due to failure to comply with the contribution period or lack of jurisdiction of the administrative court not to treat or which is contrary to the objections of the decisive thing or the lack of authority to their survey are to reject another process with decision.

(2) revisions, which is contrary to any of the circumstances referred to in paragraph 1 but where the rules governing the form and content (sections 23, 24, 28, 29) were not respected, are to be returned to the deficiencies in setting a short deadline; the failure to meet of this deadline is considered withdrawn. The revision advertisers are free to introduce a new, the typesetting full account bearing defect repair order under resubmission of deferred unenhanced revision.

(3) the Administrative Court on the application for granting the suspensive effect immediately with decision to decide.

(4) the Administrative Court has to make copies of revision and inserts with the prompt to the other parties, to introduce a revision replying within a period to be set with a maximum of eight weeks.

(5) in the case of section 29, the administrative court to deliver a copy of the audit together with supplements also the competent Federal Minister and the provincial government with the release has that liberty him or her, to introduce a revision replying within a period to be set with a maximum of eight weeks.

(6) after the expiration of the period referred to in paragraph 4 and 5, the Administrative Court has to make copies of incoming revision replies including supplements to the other parties and to submit the revision and the revision replies together with supplements by connecting the files of proceedings to the administrative court.

(7) the Administrative Court in his expressed knowledge or decision, that the revision pursuant to article 133 paragraph 4 B-VG is allowed, you are not to apply paragraph 1 to 6. The Administrative Court, as well as in the case of section 29, a copy of the extraordinary revision along with the competent Federal Minister or the Government of the country to deliver supplements the other parties and to submit the extraordinary revision including side dishes by connecting the files of proceedings to the administrative court.

(8) on period legislative proposals the paragraphs 1 and 2 are to apply by analogy. The Administrative Court has to present the period setting request connection of the acts of the process to the administrative court.

(9) on requests for retrial and restitutio in integrum the paragraphs 1 and 2 are to apply by analogy.

(10) the administrative court or not completely made paragraph 2 and 4 to 7 steps in accordance with, the Verwaltungsgerichtshof can reset the revision along with side dishes by connecting the files of the procedure in order the Administrative Court, to catch up on these process steps within a short period to him. The administrative court may also make these process steps, if this is located in the interest of expediency, quickness, simplicity and cost savings.

Template request

Article 30 b. (1) as far as the Administrative Court rejects the revision or the period setting request as inadmissible, each party within two weeks of notification of the decision with the administrative court may file an application, that the revision or the period setting request presented to the Administrative Court for decision (template application).

(2) the administrative court shall submit the template application and the revision or the period setting request connection of the acts of the process to the administrative court.

(3) delayed and invalid template requests must be rejected by the administrative court decision."

37. in article 31, paragraph 1 Z 1 replaced the word "Things" with the word "Cases".

38. in article 31, paragraph 1, Z 3 to 5 "2" to "4." get the numeric labels.

39. in article 31, paragraph 1 Z 3 (No. 2), the word "Stuff" is replaced by the word "Cases".

40. in article 31, paragraph 1 Z 4 (Z 3 new) the phrase "in which" be "previous" replaced "preceding" Word by the phrase "in one" and the word.

41. in § 31 para 2, the expression "Paragraph 4" with the expression "Paragraph 3" is replaced.

42. in article 31, paragraph 2, the expression "Z 5" is replaced by the expression "No. 4".

43. the heading before section 33 is as follows:

"Setting"

44. in article 33, paragraph 1, the word "Complainant" by the word "Revision recruiter", the phrase be "after the hearing the complaint" is replaced by the phrase "the revision after hearing of the revision recruiter" and the word "Complaint" by the word "Revision".

45. in article 33, paragraph 2, the word "Complaint" by the word "Revision" and the word "Complainant" be replaced by the word "Revision recruiters".

46. § 33a and header is omitted.

47. § 34 paragraph 1 is replaced by following paragraphs 1 and 1a:

"(1) revisions, the is due to non-observance of the contribution period, lack of jurisdiction of the administrative court or absence of the requirements of article 133 paragraph 4 B-VG not suitable for the treatment or the objection of the decisive thing or the lack of authority precludes where their collection, are without rejecting further proceedings in closed session with decision."

(1a) the assessment of the admissibility of the revision in accordance with article 133 paragraph 4 is B-VG the administrative court at the dictum of the Administrative Court in accordance with section 25a paragraph 1 not bound. "The admissibility of an extraordinary revision in accordance with article 133 paragraph 4 B-VG the administrative court within the framework of the reasons put forward in the revision (§ 28 para 3) has to verify."

48. in article 34, paragraph 2, the word "Complaints" by the word "Revisions", the word "Complainant" by the word "Revision recruiters" and the word "Appeal" be replaced by the word "Revision".

49. section 34 paragraph 4 replaces the expression "para 1 to 3" by the expression "paragraphs 1, 2 and 3".

50th paragraph 35 together with the heading:

"Rejection and abolition in non-public session

Revisions, whose Inhalt reveals that the infringement alleged by the revision referrer are not available, are 35. (1) without rejecting further proceedings in closed session as unfounded.

(2) that is contested knowledge or the contested decision without taking further proceedings in closed session if 1 not involved to consult are the procedures, 2. already from the realization or decision indicates that one of the violations alleged in the revision exists, and 3rd party within the meaning of § 21 para 1 No. 2 in response to a revision, or within a reasonable time limit to her nothing has put forward ", which is appropriate, the existence of this infringement not recognize as to let."

51. articles 36 and 37 are replaced by following §§ 36-37a with heading:

"Preliminary proceedings

The Administrative Court has section 36 (1) in those cases where an extraordinary revision for further treatment as suitable to be to call on the other parties, to introduce a revision replying within a period to be set with a maximum of eight weeks.


(2) in the case of section 29, the administrative court to deliver a copy of the extraordinary revision including supplements also the competent Federal Minister and the provincial government with the release has that liberty him or her, to introduce a revision replying within a period to be set with a maximum of eight weeks.

(3) after expiry of the deadlines referred to in paragraphs 1 and 2, the Administrative Court has to make copies of incoming revision replies including supplements to the other parties.

section 37. The administrative court can require the parties to submit further written pleadings within a reasonable period of time or to comment on the written submissions of the other parties. The parties can also automatically bring such pleadings.

§ 37a. The process is to continue, even if revision replies or the pleadings referred to in section 37 is not introduced."

52. Article 38 is replaced by following section 38 together with the heading:

"Time setting application

38. (1) a period setting application can be made only, if the Administrative Court has decided the case within six months, if a shorter or longer period is determined by federal or state law, not within it.

(2) in the period are not included: 1. the time during which the procedure be suspended until a final decision on a preliminary question is;

2. the time of proceedings before the Administrative Court, before the Constitutional Court, or before the Court of Justice of the European Union;

3. in administrative penal cases and financial criminal cases a) the time during which under a statutory provision keeping track; are not initiated or continued

(b) the time during which for the offence against the offender criminal proceedings the public prosecutor, the Court or authority.

(3) the period setting application shall contain: 1. the designation of the Administrative Court, whose ruling will be sought in the case, 2. the facts, 3. the desire to set a deadline for the Administrative Court for the decision, 4. the information required to credibly to make that the deadline referred to in paragraph 1 has expired.

(4) term legislative proposals the § 33 para 1 and 34 are 1, apply by analogy to 2 and 3. In all other cases is to apply the Administrative Court, to adopt that finding or decision within a period of up to three months and to submit a copy, transcript or copy of the same to the administrative court or to indicate why a breach of decision is not available. The period may be extended once if the administrative court to prove the existence of reasons in the matter, which make impossible a timely adoption of the decision or order. Issued that finding or decision, the procedure regarding the period legislative motion to set is."

53. in section 38a, paragraph 1 introduction the word "Complaints" is substituted by the word "Revisions" and deleted the phrase "against decisions under article 131 § 1 Z 1 B-VG".

54. in section 38a, para 1 No. 3, the word "Complaints" is replaced by the word "Revisions".

55. § 38a para 3 No. 1 is: "(1. in Rechtssachen, in denen ein Verwaltungsgericht die indem Beschluss genannten Rechtsvorschriften anzuwenden und eine darin genannte Rechtsfrage zu beurteilen hat: a) it may only such acts are made or taken orders and decisions, which cannot be influenced by the knowledge of the administrative court or who has not finally settle the question and allow no delay."

(b) the revision period begins not to run; end of the revision period is interrupted.

(c) the time limit for setting a time limit-setting proposal, as well as in the federal or land laws intended decision deadlines will be constrained."

56. in article 38a par. 3 No. 2 and § 38 b paragraph 1 replaces the phrase "Decisions and orders" by the phrase "Orders and decisions".

57. in section 38a, paragraph 4, the word "Appeal period" is replaced by the word "Revision date".

58. in article 39, paragraph 1, introduction the word "Appeal" is replaced by the word "Revision".

59. in article 39, paragraph 1 No. 1 is: "1 the revision advertisers during the revision period or any other party conducting the negotiations has requested within the time limit for the reimbursement of audit answering. Such a request can be; pulled back only with the consent of the other parties'

60. paragraph 39 para 2:

"(2) the administrative court can refrain Z 1 out of a negotiation despite the application of a party referred to in paragraph 1, if 1 is to terminate the proceedings (§ 33) or reject the revision (article 34);

2. annul contested knowledge or the contested decision due to illegality as a result of lack of jurisdiction of the Administrative Court is (§ 42 para 2 subpara 2);

3. to annul contested knowledge or the contested decision due to illegality as a result of violation of the rules of procedure is (§ 42 para 2 No. 3);

4. the contested knowledge or the contested decision picking up according to the established case law of the administrative court due to illegality of its content is;

5. no other party has tabled a response to audit and that annul contested knowledge or the contested decision is;

6. the pleadings of the parties and the file of the proceedings before the administrative court indicate that the oral discussion does not expect a further clarification of the case can be and an elimination of the hearing neither article 6 § 1 of the Convention for the protection of human rights and fundamental freedoms, Federal Law Gazette No. 210/1958, nor article 47 of the Charter of fundamental rights of the European Union, OJ No. C 83 of March 30, 2010 oppose S. 389."

61. Article 40 paragraph 4 is replaced by following paragraph 4 to 4 c:

"(4) the hearing is public. The public should be excluded only so far by the trial as this is for reasons of morality, public order or national security, commanded the respect of business and trade secrets, as well as in the interest of the protection of young people or of the private life of a party, a victim, a witness or a third party.

(4a) the exclusion of the public takes place by decision of the Tribunal either on own initiative or on application by a party or a witness.

(4B) immediately following the announcement of the decision on the exclusion of the public have to remove all listeners, but the parties may require that the participation in the negotiation is permitted three persons of their trust.

(4C) if the public was excluded from a hearing, it so far prohibited to redistribute circumstances from this, as this is necessary for the reasons stated in paragraph 4. "

62. paragraph 41 together with the heading:

"Examination of the contested decision or decision

section 41. If there is no illegality as a result of lack of jurisdiction of the administrative court or as a result of violation of rules of procedure (§ 42 para 2 Nos. 2 and 3), has the administrative contested knowledge or the contested decision on the basis of the facts in the context of the claimed points of revision adopted by the Administrative Court (§ 28 para. 1 Z 4) or make the statement about the scope of the appeal (§ 28 para. 2). "Believes he is that for the decision about the illegality of the decision or decision in one of the points of the revision or in the framework of the Declaration on the scope of the appeal reasons could be decisive, so far not known given a party, so he has to listen to the parties and, if necessary, to order an adjournment."

63. paragraph 42:

"42. (1) the Verwaltungsgerichtshof has all cases, as far as this federal law not otherwise is intended to do with knowledge." With the insight, the revision is either a reject unfounded, annul the contested knowledge or the contested decision or to decide the case itself.

(2) that is contested knowledge or the contested decision to remove 1 due to illegality of its content, 2 due to illegality as a result of lack of jurisdiction of the Administrative Court, 3rd due to illegality as a result of violation of the rules of procedure, namely because a) the facts contrary to the Act was adopted by the Administrative Court in a material respect or b) requires the facts in an essential point of a supplement or c) the Administrative Court while keeping the injured procedures other realization or decision couldn't have come at a.

(3) by the annulment of the contested decision or decision referred to in paragraph 2, the case in the situation resigns in which she has found prior to adoption of the contested decision or the decision.

(4) the administrative court may decide in the matter itself if it is ready for a decision and the decision on the merits in the interest of simplicity, practicality, and cost savings. In this case he has to determine the relevant facts of the case and may use also the Administrative Court for this purpose with the addition of the investigation."

64. paragraph 42a:


'article 42a. His decision compulsory administrative court has not complied, so the national court to apply has him within a reasonable period of time to be determined by him to catch up on the realization or decision."

65. paragraph 44:

"Section 44 (1) in the case of section 29 is a written copy of the decision or order to deliver also the competent Federal Minister or the Government of the country.

"(2) an administrative court has the Administrative Court in accordance with § 34 ABS. 3 of the Administrative Court Procedure Act - VwGVG, Federal Law Gazette I no. 33/2013, communicated the suspension of proceedings, a copy of the decision or decision in the case designated by the administrative court shall be notified to the Administrative Court also."

66. § 45 para 1 sub-para. 5 is: "5. the procedure before the Court of Justice due to indemnify position or a withdrawal prompted by indemnify position the revision was discontinued and the reason for the hold harmless position has subsequently been dropped."

67. § 45 ABS. 5 is replaced following paragraph 5 and 6:

"(5) on decisions of administrative courts in accordance with the sections 30a (1) and 30b paragraph 3 you are to apply paragraph 1 to 4 shall mutatis mutandis that the application to the Administrative Court is to provide and to decide about him by the administrative court.

(6) in proceedings help matters (§ 61) is not permitted. the reopening of the case"

68. paragraph 46 para 2 to 4:

"(2) the restitutio in integrum due to failure to meet which is revision period and the period for the position of a template request to grant if the deadline was missed because has wrongly granted a remedy the to challenging knowledge, to challenging decision or the review preliminary decision challenging to and the Party adopted the appeal or no instruction to collect a revision or to the position of a template request , contains no deadline for making a revision or to position an application template for or specify that no appeal is admissible.

(3) the application for restitutio is in cases of paragraph 1 to the template of the review in the administrative court to make from the template of the revision to the administrative court within two weeks after the removal of the obstacle. In the cases of paragraph 2 the request within two weeks 1. after delivery of a notice or a court decision, is that the appeal as inadmissible rejected, or

2. after the time in which the party of the admissibility of the survey of the revision or the position of an application template for gained knowledge, to provide in the administrative court. The omitted Act is at the same time to catch up.

(4) until the template of the revision, the Administrative Court has to decide on the request. From template of revision, the Administrative Court in closed session has by decision to decide on the request. The administrative court or the administrative court can grant the suspensive effect the application for re-establishment of rights."

69. the sections 47 and 48 together with the header are:

"Reimbursement of expenses

47. (1) the parties to the proceedings before the Administrative Court are entitled to reimbursement of expenses in accordance with sections 47 to 59.

(2) without prejudice to the following provisions, 1 the revision advertisers in case of annulment of the contested decision or decision or the decision in the case itself is entitled to reimbursement of expenses;

2. the legal entity within the meaning of paragraph 5 in the case of rejection of the revision.

(3) the stakeholders are entitled to reimbursement of expenses in the case of rejection of the revision.

(4) in the cases of article 133 paragraph 6 Z 2 through 4 and 8 B-VG have the revision referrer and the legal entity within the meaning of para 5 no claim to reimbursement of expenses.

(5) the reimbursement of expenses payable the referrer of the revision is to wear the authority in the administrative procedure preceding the procedure before the Administrative Tribunal has acted on behalf of that legal entity. The reimbursement of expenses flows in this legal entity, which is due to this federal law by the recruiters of revision.

Section 48 (1) the revision referrer is entitled to reimbursement 1 of Commission fees and the entry fee in accordance with section 24a, he has to pay in the proceedings before the Administrative Court, as well as the cash expenses of the Administrative Court, for which he has to come up.

2. the expenditure which was connected to him with the introduction of the revision by a lawyer (accountant or auditor) (typesetting effort);

3. the travel expenses (travel and subsistence), which were connected to him with their party rights in proceedings before the Administrative Court;

4. in other expenses was connected to him with the representation by a lawyer (accountant or auditor) in proceedings before the Administrative Court (proceedings costs).

(2) the party within the meaning of § 21 para 1 has right to damages 1 the expenditure was responding to audit connected for them with the introduction (typesetting effort); Z 2

2. travel costs (travel and subsistence), which were connected for them to exercise their party rights in proceedings before the Administrative Court;

3. in other expenses was connected for them with his party rights in proceedings before the Administrative Court (proceedings costs).

(3) a stakeholder has right to compensation 1 of Commission fees and the entry fee in accordance with section 24a, he has to pay in the proceedings before the Administrative Court, as well as the cash expenses of the Administrative Court, for which he has to come up.

2. the expenditure which was connected to him with the introduction of a revision prepared by a lawyer (accountant or auditor) (typesetting effort);

3. the travel expenses (travel and subsistence), which were connected to him with his party rights in proceedings before the Administrative Court;

4. the other effort, which was connected to him with the representation by a lawyer (accountant or auditor) in proceedings before the Administrative Court (proceedings costs)."

70. in article 49, paragraph 1, the phrase "in consultation with the Policy Committee of the National Council" is omitted.

71. in § 49 para 2 and 4, the phrase "in consultation with the Policy Committee of the National Council" accounts for each.

72. in article 49, paragraph 2, the expression "Nos. 1, 2 and 4" is replaced by the expression "Nos. 1 and 3".

73. in article 49, paragraph 5 the phrase "the prosecuted authority" by the phrase be "of the party within the meaning of § 21 para 1 No. 2" and the word "Case" replaced by the word "Case".

74. § 49 paragraph 6 last sentence reads:

"Which claims have those involved with each other, depends on the ratio of those amounts to each other that each stakeholders pursuant to par. 3 in the case of rejection of the revision would be entitled."

75. paragraph 50:

"article 50. In cases where one decision or a decision by the Administrative Court partially offset, is to assess, as if that would be lifted knowledge or the decision entirely. the matter of a claim for reimbursement of expenses (§ 47)"

76. paragraph 51:

"article 51. In cases in which the revision was rejected after submission to the administrative court or the extraordinary revision after the introduction of the pre-litigation procedure or withdrawn, is to judge how if the revision would have been rejected. the matter of a claim for reimbursement of expenses (§ 47)"

77. paragraph 52:

"§ 52 (1) have challenged several findings or decisions one or more revision recruiters in a revision, is the matter of a claim for reimbursement of expenses (§ 47) to assess, as if each of the findings or any of the decisions in a separate revision would have been challenged.

(2) for the negotiations that have taken place in the case of paragraph 1 on the same day or immediately successive days, are to replace a party fare, as if only a negotiation had taken place. Subsistence costs are only a party for the same period, the negotiating effort to replace a party for each hearing. Commission fees, the entry fee in accordance with section 24a and out-of-pocket expenses are to replace a party to the extent in which they actually have been paid by you.

(3) have in cases of para 2 first sentence for the travel expenses of a party pursuant to § 47 para 5 multiple entities to come up, they are to wear these entities equally."

78. paragraph 53:

"Article 53 (1) have challenged several revision touts of a realization or a decision together in a revision, is the matter of a claim for reimbursement of expenses (§ 47) to judge how if the revision would be brought only by the initial paragraphs in revision revision advertisers. The reimbursement is payable on this revision advertisers. The payment compared to all audit recruiters, who are entitled to reimbursement of expenses, has effect of fault. What have these revision advertisers themselves, is according to the provisions of civil law to assess. The revision advertisers equally have to provide reimbursement of expenses.


(2) has challenged several revision touts of a realization or a decision in separate revisions and are these revisions have been linked by same lawyer (accountant or auditor), para 1 is to be applied mutatis mutandis. Takes the place of the initial paragraphs revision recruiter of revision advertisers, whose auditing carries the lowest business number of the Administrative Court in this case."

79 paragraph 54 paragraph 2:

"(2) the typesetting effort referred to in paragraph 1 No. 1 are the provisions of § 49 para 1 and 2 the typesetting effort shall apply by analogy to, that the lump sum for the replacement of the typesetting effort in the regulation according to § 49 paragraph 1 by half to lower down is than the otherwise on the basis of this provision for lump sum to be determined the replacement of the typesetting effort."

80. the sections 55 and 56 are:

"§ 55. was the revision advertisers with regard to individual or all points of revision (article 28, paragraph 1 Z 4) indemnify provided (article 33), is to assess the matter of a claim for reimbursement of expenses (§ 47) as in the case of section 47, paragraph 2 Z 1." For those cases where the harmless position with regard to all points of the revision (article 28, paragraph 1 Z 4) within the pursuant to article 30a, paragraph 4 or § 36 para 1 period took place, is however the lump sum for the replacement of the typesetting effort required in the regulation referred to in article 49, paragraph 1 by a quarter to set lower than the lump to be determined solely on the basis of that provision for the replacement of the typesetting effort.

56. (1) in the case of a period legislative proposal, in which the national court in accordance with section 42a going on, the question of the entitlement to reimbursement of expenses (§ 47) so is to judge, as in the case of § 47 para 2 subpara 1. In the case of a period legislative proposal where the proceedings to rectify the default decision or decision was set, the lump sum for the replacement of the typesetting effort in the regulation according to § 49 paragraph 1 by half is lower set as the lump to be determined on the basis of that provision for the replacement of the typesetting effort otherwise.

(2) section 1 is not to apply if 1 to prove reasons can the Administrative Court, which have made impossible a timely adoption of the decision or order, and has announced these reasons the applicant prior to insertion of the term legislative application, exclusively on fault on the part of the applicant due to the delay of the administrative decision was 2. or 3. the underlying the term legislative request case intentionally operated."

81. in article 58, paragraph 2, the word "Appeal" is replaced by the phrase "Revision or a period setting application" and eliminates the phrase "appeal proceedings".

82. Article 59 paragraph 2 No. 2 is required; the Nos. 3 and 4 of this paragraph the number labels get "2" and "3.".

83. paragraph 59 para 3:

"(3) on timely provided applications for granting of reimbursement of expenses of the Administrative Court in the knowledge that concluding the procedure or decision has, if this is not possible, however, with decision separate off to decide. In time asked requests must be rejected. Was however made the decision at least a general application of reimbursement of expenses for the lump sums for typesetting costs and negotiating effort and the Commission fees actually paid and the entry fee in accordance with section 24a to the proper extent are to talk to anyway."

84. paragraph 59 paragraph 4:

"(4) in deciding the application of reimbursement of expenses for the Administrative Court has set a period of two weeks. The execution of these decisions is performed by the ordinary courts. The Administrative Court has through his Office on a copy of the decision on the reimbursement of expenses of the beneficiary party. the enforceability of the decision to confirm"

85. paragraph 61:

"§ 61. (1) where in the following not other is determined, the conditions and the effects of the grant of legal aid according to the rules of civil procedure [ZPO, RGBl. to judge no. 113/1895, are." The granting of legal aid, the right includes that a lawyer will be added to the party without further desire to the drafting and introduction of the revision, of the period setting application, the application for retrial or restitutio in integrum or of the application of decision a conflict of competence, and to the representation at trial (§ 40).

(2) the Administrative Court in his expressed knowledge or decision, that the revision in accordance with article 133 paragraph 4 B-VG is allowed, the administrative court decision decides on the application for legal aid. The chances of success of the prosecution (§ 63 para 1 ZPO) are not relevant for its decision.

(3) the Administrative Court in his expressed knowledge or decision, that the revision in accordance with article 133 paragraph 4 B-VG is not allowed, the Supreme Administrative Court decides on the application for legal aid. The motion is, as far as this is reasonable for the applicant to justify why the revision to be admissible shall be deemed contrary to the statement of the administrative court.

(4) the Administrative Court will decide applications for legal aid for the drafting and introduction of a time limit legislative proposal or a proposal on decision a conflict of competence.

(5) the Administrative Court and the Administrative Court has granted legal aid, has it or he has to notify the Committee of the Bar Association competent according to the habitual residence of the party, so that the Committee can order an attorney to represent. Wishes of the Party on the selection of this lawyer is in agreement with the designated lawyer to comply with.

(6) a different legal aid lawyer appointed in accordance with section 45 (4) of law order - RAO, RGBl. No. 96/1868, instead of the previously supplied lawyer, has the Bar Association to put the administrative court thereof immediately under Beischluss of proof of delivery in knowledge.

"(7) the Constitutional Court a complaint pursuant to article 144 paragraph 3 B-VG ceded in the Administrative Court, a legal aid approved by him and the appointment of a lawyer also applies to the audit procedure."

86. paragraph 62:

"§ 62. (1) where in this federal law not otherwise is determined, is to apply in the proceedings before the administrative court the AVG."

"(2) the Administrative Court in the thing itself decides, so he has not so far in this federal act otherwise is intended to apply those provisions which would have to apply to the administrative court."

87. paragraph 63:

"If the Administrative Court has upheld a revision, the administrative courts are 63 (1) and the managing authorities obliged immediately to establish the legal status corresponding to the legal opinion of the Administrative Court in the case with the legal means at its disposal.

(2) in a realization with the Administrative Court in the thing itself decides he has the Court or to determine the authority to enforce that the realization has. The enforcement procedure depends on the rules otherwise applicable to this Court or the administrative authority."

88. the heading 2. under section II section is as follows:

'Special provisions on finding applications in Office - and organ liability matters, in cases relating to the obligations of the broadcaster after the exclusive legal act on television, and in cases in matters pertaining to the review in the context of the award of contracts'

89. in article 64, the bracket expression "(§ 11 des Amtshaftungsgesetzes, BGBl. Nr. 20/1949;) is" § 9 of the organ liability law, BGBl. No. 181/1967; (§ 341, section 4 of the Federal Procurement Act 2006 - BVergG 2006, Federal Law Gazette I no. 17) "by the parenthetical expression"(§ 11 des Amtshaftungsgesetzes – AHG, BGBl. Nr. 20/1949;) § 9 of the organ liability law - OrgHG, Federal Law Gazette No. 181/1967; Section 3, paragraph 9, of the television exclusive legal act FERG, Federal Law Gazette I no. 85/2001; § 341, section 4 of the Federal Procurement Act 2006 - BVergG 2006, Federal Law Gazette I no. 17/2006; (Section 142, paragraph 4, of the Federal procurement law defence & Security 2012 - BVergGVS 2012, Federal Law Gazette I no. 10/2012) "replaced."

90. paragraph 64:

"§ 64. Parties in the proceedings under this subsection are the applicant, the authority which issued the ruling or the Administrative Court, that the realization or decision, and parties of litigation before the Court of the applicant (section 11 of the official liability Act - AHG, Federal Law Gazette No. 20 / 1949;)" § 9 of the organ liability law - OrgHG, Federal Law Gazette No. 181/1967; Section 3, paragraph 9, of the television exclusive legal act FERG, Federal Law Gazette I no. 85/2001; § 341, section 4 of the Federal Procurement Act 2006 - BVergG 2006, Federal Law Gazette I no. 17/2006; (§ 142 ABS. 4 des Bundesvergabegesetzes Verteidigung und Sicherheit 2012 – BVergGVS 2012, BGBl. I Nr. 10/2012). "

91. in article 65, paragraph 1 first sentence reads:


"Once the decision on interruption of proceedings (section 11 of the official liability Act - AHG, Federal Law Gazette No. 20 / 1949;)" § 9 of the organ liability law - OrgHG, Federal Law Gazette No. 181/1967; Section 3, paragraph 9, of the television exclusive legal act FERG, Federal Law Gazette I no. 85/2001; § 341, section 4 of the Federal Procurement Act 2006 - BVergG 2006, Federal Law Gazette I no. 17/2006; (§ 142 ABS. 4 des Bundesvergabegesetzes Verteidigung und Sicherheit 2012 – BVergGVS 2012, BGBl. I Nr. 10/2012) has become res judicata, to make the request for reconsideration of the ruling, the Court in the administrative court. "

92. in article 65, paragraph 1, respectively, the phrase "or of the decision or the decision" is inserted after the word "Permit".

93. in article 65, paragraph 2 is inserted after the word "Notification" or the phrase "or the knowledge or the decision".

94. in article 65, paragraph 3, introduction "the authority which has issued the decision to call on the acts of the administrative procedure" is the phrase "The authority which issued the ruling or the Administrative Court, that the realization or decision to call on the acts of the administrative proceedings or of court proceedings" replaced by the word order.

95. in article 65, paragraph 3 Z 3 is the expression "section 341 (4) BVergG 2006" by the expression "§ 3 ABS. 9 FERG, 341, para 4 BVergG 2006 or section 142, paragraph 4 BVergGVS 2012" replaced.

96. in paragraph 67, the phrase "or a decision or a decision" is inserted after the word "Permit".

97. paragraph 70:

"article 70. "As far as from the paragraphs 64 to 69, not different results, are the articles 22 to 25, § 29, § 31, § 32, § 33 para 2, § 34, § 36, § 37, apply by analogy to § 38 b, section 40, section 41, § 43 para 1 to 5 and 7 to 9 as well as the sections 45, 46 and 62 paragraph 1."

98. the 3 subsection of II section is together with the heading:

"3. subsection

Special provisions in the procedures for determining conflicts of jurisdiction between administrative courts or an administrative court and the Administrative Court

§ 71. "In the procedure for determining conflicts of jurisdiction between administrative courts or an administrative court and the Administrative Court in accordance with article 133 paragraph 1 Z 3 B-VG are the sections 43 to 46, 48, 49, 51 and 52 of the Constitutional Court Act 1953 - VfGG, Federal Law Gazette No. 85/1953, apply by analogy to."

99. According to section 71, the following 4 subsection with heading shall be inserted:

"Under section 4

Electronic justice

72. (1) the pleadings can be introduced effectively even in the way of electronic transactions established by this subsection. Instead written copies of the errands, as well as instead of counterparts by inputs that are been submitted electronically, the Verwaltungsgerichtshof can introduce the data contained therein to intervening party, the entries in the electronic legal relations according to this subsection, provide in the way of electronic transactions.

(2) the delivery in electronic legal relations is according to the following provisions not possible she can be no. 200/1982, also via electronic delivery services according to the provisions of the 3rd section of the extra law - ZustG, Federal Law Gazette.

Article 73. The President has the further approach to the electronic transfers of pleadings and transmission of copies by riches of the administrative court after consultation with the General Assembly in accordance with the technical and organizational possibilities, as well as taking on a simple and economical management and a protection against abuse by regulation to regulate. These include in particular the acceptable electronic formats and signatures, the rules for the design of the automatically produced copies including the technical specifications for the official signature and verification as well as provisions on the address code. In the regulation, it may be prescribed that the consignors of a transmitting Agency has control. This regulation has the date to determine the character sets and copies of transactions can be brought in the way of electronic transactions or transmitted in accordance with the technical and organisational possibilities.

Section 74 (1) insofar as this is arranged in the regulation referred to in article 73, 1 are to sign the pleadings with a suitable electronic signature;

2. can be applied also another secure method, which ensures the authenticity and the integrity of the transmitted electronic document;

3. are supplements to electronically submitted pleadings in the form of electronic documents (originals or electronic copies of paper documents) to connect.

(2) the copies of errands of the Administrative Court, to be transmitted in electronic legal relations are with the official signature of the Administrative Court (articles 19 and 20 of the E-Government Act E-GovG, Federal Law Gazette I no. 10/2004), to provide, as far as this is provided for in the regulation according to article 73. The signature Act - SigG, Federal Law Gazette I no. are 190/1999, apply accordingly.

(3) in accordance with the technical possibilities, attorneys at law and tax advisors and Auditors to participate in the electronic legal relations are required. A violation of this rule is treated as a lack of form, which is to improve.

75. (1) pleadings, which are placed in the way of electronic transactions, are considered brought in the Administrative Court, if their data entirely at the Federal Computing Centre GmbH have arrived. Is intended that the pleadings of a transmitting Agency to conduct are (article 73), and have them on this path of Federal Data Center GmbH actually fully arrived, so they are considered at the administrative court with the date inserted, where the transmitting Agency the consignors, confirmed that she has taken over the data of the pleading for transmission to the Federal Data Center GmbH.

(2) as delivery time of electronically transmitted copies of transactions of the Administrative Court and input (§ 72 para 1) applies the following on the receipt of the electronic available area of the recipient's business day, whereby Saturdays are not considered business days.

section 76. In addition the §§ 89a are GOG to 89 g of the Court Organization Act -, RGBl. apply by analogy to no. 217/1896,."

100. the sections 79 to 82 received the paragraph names "§ 77.", "§ 78.", "§ 79" and "§ 80.".

101. in all relevant provisions with the exception of section 81, paragraph 7 Z 1 accounts for the italic site information, which where in annex 1 to the by-laws of the Chancellor of 20 December 1984, with which the Administrative Court Act 1965 again will be announced, BGBl. No. 10/1985, are provided to individual provisions again suggested text, and is the s case the new orthography adapted to. Both also applies to those provisions, which according to the preceding digits and Z 102 (§ 81 para 11 Z 2) changed with effect from 1 January 2014, or replaced by new provisions or fall away.

102. section 81 11 the following paragraph is added:

"(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. Article 3, paragraph 1, article 10 par. 2 No. 1, § 12 para 1 subpara 1 lit. a and c and Z 2, § 12 para 3 as amended by the Z 15, § 14 para 2, § 15 paragraph 4 as amended by the Z 20, heading to the 1 under section of II section, article 21, article 22, article 23, paragraph 1, section 24 amended the Z 28, § 24, § 25, § 25 a heading, § 26 together with heading, § 28, including heading, § 29, article 30, article 30, including a heading , § 30B with headline, article 31, paragraph 1, § 31 para 2 in the version of the Z 42, the heading before section 33, § 33, § 34 paragraph 1, 1a, 2 and 4, § 35, including heading, the §§ 36-37a with headline, article 38, together with heading, section 38a, paragraph 1, 3 and 4, § 38 paragraph of b para 1, § 39 para 1 and 2, § 40 4 to 4 c, section 41 and heading , § 42, section 42a, article 44, article 45, paragraph 1 Z 5 and para. 5 and 6, § 46 para 2 to 4, the §§ 47 and 48 together with heading, § 49 para 2 as amended by the Z 72, § 49 paragraph 5 and paragraph 6 last sentence, § 50, § 51, § 52, § 53, § 54 para 2, § 55, § 56, section 58, paragraph 2, article 59 paragraph 2 to 4, § 61, § 62, 63 , the heading 2. under section II section, section 64 amended the Z 90, section 65 paragraph 1 as amended by the Z 92, § 65, para. 2) and (3 including introduction, section 67, paragraph 70, 3. under section of II section heading, 4. sub-section of II section along with heading and the paragraph titles of sections 77 to 80 with 1 January 2014; at the same time step 27 § and § 33a and heading out of power;

3. the other provisions at the end of the month of the announcement of this federal law; at the same time, last set override occur article 9, paragraph 3 and article 15, paragraph 4.

"In the end of 31 December 2013 at the administrative court pending appeal procedure § 33a in the version of the article is 9 Z 6 of amendment to the Verwaltungsgerichtsbarkeits 2012, Federal Law Gazette I no. 51/2012, continue to apply."

Article 4

Amendment of the Constitutional Court Act 1953


The Constitutional Court Act 1953 - VfGG, Federal Law Gazette No. 85/1953, as last amended by the amendment to Verwaltungsgerichtsbarkeits 2012, Federal Law Gazette I no. 51/2012, is amended as follows:

1. in article 1, paragraph 2 is the abbreviation of "B-VG" by the phrase "of the Federal Constitution Act B-VG, Federal Law Gazette No. 1 / 1930," replaced.

2. in article 3, par. 2 and 5, § 5 c para 1, § 5e, § 6 para 2, § 10 par. 3 and 4, § 28 para 2, § 36c para 2, § 61a, § 65a, § 70 para. 2 and 3 and article 85, paragraph 3 is replaced the word "Case" by the word "Case".

3. in section 4, paragraph 4, the expression "BGBl. No. 54" by the expression is "Federal Law Gazette No. 54/1956" replaced.

4. in article 4, paragraph 5 does not apply after the word "President" the phrase "of the Constitutional Court" and is the phrase "Federal reference Act, Federal Law Gazette I no. 64/1997" by the phrase "Federal reference law - BBezG, Federal Law Gazette I no. 64/1997," replaced.

5. in article 4, paragraph 6, the phrase "the Constitutional Court" is omitted.

6. in section 5b 2 introduction is the expression "BGBl. No. 340" with the expression "Federal Law Gazette No. 340/1965" replaced.

7. in paragraph 5b para 2 final part is the expression "BGBl. No. 333" with the expression "Federal Law Gazette No. 333/1979" replaced.

8. in section 5c para 1 are the abbreviation "per cent" by the abbreviation "vH" and the expression "2nd movement" replaced by the phrase "second rate".

9. in paragraph 5e, the word "Extraction paths" is replaced by the word "Pull".

10. in article 6, paragraph 2 and article 88 is replaced "same" by the word "Same".

11. in article 10, par. 1 lit. a and b, § 17 para 3 and § 19 paragraph 5, in the headings to the sections A to C of the 2nd main piece, in the headings to the sections 42 to 52 and the sections 53 to 56, in article 53, in the heading to section D of the 2nd main piece, in article 56 a paragraph 1, in the heading to section E of the 2nd main piece, in section 60, subsection 2 and section 61 , in the headings to the sections F and G of the 2nd main piece, in § 64 para 2 and § 65, in the heading to section H of the 2nd main piece, in § 66 Nos. 3 and 4, in the headings to the sections I and J of the 2nd main piece, in article 73, article 81 and article 82, paragraph 1, and in the heading to section L of the 2nd main piece is replaced the phrase the "Federal Constitution Act" by the abbreviation "B-VG".

12. in § 10 para 1 lit. c the phrase "in or out of the Office" is replaced by the phrase "in the Office or out of the Office".

13. in section 10, paragraph 4, the word "Office" is replaced by the word "Official".

14 paragraph 12 paragraph 2:

"(2) members (replacement) of the Constitutional Court are excluded from the performance of their duties: 1. in the cases where a judge under section 20, of the jurisdiction standard - JN, RGBl. No. 111 / 1895, or according to the referenced in this Act process laws excluded would be;"

2. If they have been the procedure before the Constitutional Court of previous judicial or administrative procedures in one."

15. the following Article 14a is inserted:

'Article 14a. (1) character sets and supplements to pleadings, copies of procedures of the Constitutional Court, as well as copies of pleadings and side dishes can be effectively electronically submitted in accordance with the technical possibilities in the following way or transmitted: 1. in the way of electronic transactions or 2. about electronic delivery services according to the provisions of the 3rd section of the extra law - ZustG, Federal Law Gazette No. 200/1982.

(2) the President may, after consulting the other members by regulation in accordance with the technical possibilities the introduction or transmission of documents within the meaning of paragraph 1 by application of another safe procedure that ensures the authenticity and the integrity of the transmitted electronic document, in particular through electronic notices of payment due in the electronic file or on the Web site www.vfgh.gv.at retrievable electronic forms, admissible explain.

(3) on the electronic legal relations (par. 1 Z 1) are the §§ 89a para 2, 89 c para 1 and 89d of the Court Organization Act - GOG, RGBl. apply by analogy to no. 217/1896,. After consulting the other members, by regulation, the President has the further approach to the placement or transmission of pleadings and enclosures to pleadings, of copies of procedures of the Constitutional Court, as well as copies of pleadings, and inserts in the way of electronic transactions (para 1 subpara 1) set. These include regulations about acceptable electronic formats and signatures, as well as on the design of the automatically produced copies including the technical specifications for the electronic signature of the Constitutional Tribunal and the review. The regulation can be provided that the consignors of a transmitting Agency have control.

(4) If an electronic introduction of pleadings and enclosures to pleadings to be admissible is explained, attorneys at law (§ 17 para 2) are committed to this form of contribution. As far as authorities can use the technical means they to this form of contribution are required. A violation of this obligation is a violation within the meaning of section 18 is to treat, to improve.

(5) for the damages caused by the use of information and communication technology from mistakes in the conduct of business of the Constitutional Court including the Affairs of the administration of Justice, the Federal Government is liable. The liability is excluded, if the damage is caused by an unavoidable event, the not based on an error in the nature on a failure of the means of automation-supported data processing. The rest is the official liability Act - AHG, Federal Law Gazette No. 20/1949, to apply. Data that have been submitted to the Constitutional Court, the Federal Government in the case of paragraph 1 shall be liable for Z 1 its receipt of Federal Data Center GmbH, otherwise their receipt in the electronic disposal section of the Constitutional Court; data, which are to transmit by the Constitutional Court, the Federal Government is liable up to their receipt in the electronic available range of the receiver.

"(6) the Federal Data Center GmbH and the ARGE ELAK GmbH & Co OG is responsible in accordance with their machine and personnel facilities participation in the automation-supported implementation of statutory tasks of the Constitutional Court as a service provider (§ 4 Z 5 of the data protection Act 2000 - DSG 2000, Federal Law Gazette I no. 165/1999), as far as this is located in the interest of convenience, simplicity and cost savings."

16. in article 15, paragraph 2, the word "Federal Constitution Act" is replaced by the word "B-VG".

17 paragraph 17 section 1:

"(1) every pleading so many copies of the pleading and any supplement are to connect that a copy can be placed in each Party (authority) to be charged by law to negotiate. For written statements, which are submitted electronically, a simple insertion is sufficient. If multiple copies are needed, the Constitutional Court has to produce the corresponding printouts."

18. in § 17 paragraph 2 are before the word "bring up" the phrase "to Word and" and then paste the parenthetical expression (legal obligation).

19. in article 17, paragraph 3, the expression is "article 140 paragraph 1 B-VG" by the expression "article 140 paragraph 1 Z 2 and 3 B-VG" replaced.

20. in article 17, paragraph 4 and article 18, the word "Input" is replaced by the word "Briefs".

21 paragraph 17a Z 1: "1 the fee is 240 euro. The Federal Chancellor and the Federal Minister of finance is empowered to redetermine the entry fee by regulation, as soon as and as far as by the Bundesanstalt "Statistics Austria" said is 2010 consumer price index or instead of index to verlautbarten for January 2013 and the last setting has changed as a result opposite underlying index number by more than 10%. "The new amount shall be calculated, commercial, however on all ten euros from the amount referred to in the first sentence in the ratio of change of the index number to the index number relevant for the realignment announced for January 2013 or complete."

22 the following sentence is added to § 17a Z 3:

"When electronically submitted pleadings that is in the cases of § 14a para 1, resulting from the relevant for the respective shape of the contribution provisions of the GOG and the ZustG; as far as another form of contribution to be admissible is declared (§ 14a para 2), the time of their arrival in the electronic disposal section of the Constitutional Court is."

23. in Article 17a the Nos. 5 and 6 receive the digit designations "6" and "7."; 5 shall be inserted following Z after Z 4: '5.

Will be tabled in the way of electronic transactions (section 14a para 1 No. 1), the fees hopper has the account from which the entry fee to collect is, or an address code, under which an account to collect the entry fee is stored, to specify. The fees funnel indicates an address code, under which an account to collect the entry fee is stored, as well as an account to collect the entry fee the entry fee from this account is to collect. The debit and the confiscation of the entry fee are carried out in the way of the automation-supported data processing."

24. in Article 17a, the parenthetical expression (Nos. 4 and 5) is inserted after the word "Fee" Z 5 (No. 6 new).

25. in Article 17a, no. 6 is the phrase "in the first instance".

26 § 17a Z 6 (Z 7 new) is: "Moreover the fees Act are 7 on the charge 1957, BGBl. No. 267/1957 input with the exception of sections 11 to apply Z 1 and 14."

27. in article 19, paragraph 3 Nos. 1 to 3 and § 19 para 4 No. 1 is the word "The" with the word "which replaces" each.

28. in article 19, para. 3 Nos. 1 and 2 is substituted the point at the end of the digit with a semicolon.

29. in section 19 para 3 Z 1 is the phrase "pursuant to article 144 para. 2 and art. 144, para. 2 B-VG" by the phrase "pursuant to article 144 para. 2 B-VG" replaced.

30. in article 19, paragraph 5, the word order is "Act and referred to in section 35 subsection 1 in the laws" replaced by the phrase "and the Act referred to in section 35, paragraph 1".

31. in article 19a, paragraph 1, section 57 paragraph 3 (paragraph 2), § 62 para. 3 and § 86a par. 3 No. 2, the phrase "Decisions and orders" by the phrase "Orders and decisions" is replaced.

32. paragraph 20 paragraph 1:

"(1) Verfahrensleitende arrangements in the pre-litigation procedure and process Executive arrangements which serve only to prepare the decision of the speaker without a court order meets."

33. in article 20, paragraph 2 is the word "have" by the word "order" replaced.

34. second sentence is replaced by the following records § 22:

"The negotiation is on the official notice board and in the"Amtsblatt zur Wiener Zeitung"to previously be published. Furthermore, it may be made known www.vfgh.gv.at in the Internet on the Web site."

35. in article 25 "Contained in written pleadings" are "The written entries contained in" by the phrase the word order and the phrase "input" is replaced by the phrase "the brief".

36. in article 28, paragraph 1 "independent" are replaced the word "self-employed" and the phrase "written submissions" by the word "Pleadings".

37. in article 28, paragraph 3, the word "League" is replaced by the word "Federal".

38. paragraph 28 paragraph 4:

"(4) to the execution of the decisions of the Chairman referred to in paragraph 1 or of the Constitutional Court in accordance with paragraph 1 or 2, the ordinary courts are called."

39. in paragraph 33, the expression "the article 144 and 144a" by the expression "article 144" is replaced.

40. in article 34, the expression ", 144 and 144a" by the expression "and 144" is replaced.

41. paragraph 35 paragraph 1:

"(1) not else where in this Act definitely is, is the procedure before the Constitutional Court the civil procedure - ZPO, apply RGBl. No. 113/1895,."

42. in article 35, paragraph 2, the phrase "the laws" by the phrase "this Act" and the word "Post race" be replaced by the word "Postal history".

43. paragraph 43 paragraph 1:

"(1) a conflict arising from the fact that a proper Court and Administrative Tribunal, a court and the administrative court or the Constitutional Court itself and another court (art. 138 para 1 Z 2 B-VG) took the decision of same thing in claim (supportive conflict), so the Constitutional Court has only to make a finding if from one of said courts, a final verdict on the merits is still not like."

44. in paragraph 44, the word "Execution order" by the phrase is "execution order - EO, RGBl. No. 79/1896," replaced.

45. paragraph 46 paragraph 1:

"(1) the application for decision a conflict of competence, which arisen is that in same thing 1 a court and an administrative authority (art. 138 para 1 Z 1 B-VG) or 2. a proper Court and Administrative Tribunal, a court and the administrative court or the Constitutional Court itself and another court (art. 138 para 1 Z 2 B-VG) rejected the competence (verneinender conflict)" ", may be made only by the involved party."

46. in article 56, paragraph 3, section 63, paragraph 2, article 69, paragraph 1, article 72, paragraph 1 and 2 and article 80, paragraph 1, the word "Verfassungsgerichtshofe" is replaced by the word "Constitutional Court".

47. in article 56, paragraph 4, the word "Bundesgesetzblatte" is replaced by the word "Gazette".

48. in article 56a, para. 3, article 57, paragraph 1, and article 62, paragraph 1, the phrase "in particular" is replaced by the phrase "in particular".

49. in article 57, paragraph 1 and article 61a is after the word "claimed" the bracket expression "(Art. 139 Abs. 1 Z 3 B-VG)" inserted.

50 paragraph 2 is § 57; paragraph 3 and 4 of this section receive the terms of paragraph (2) and (3).

51. in § 57 para 3 (2 new) are the bracket expression (an independent administrative Senate, the federal public procurement office) through the bracket expression "(Art. 139 Abs. 1 Z 1 B-VG)" and the phrase "in this case" replaced by the phrase 'at the proceedings with him".

52. in § 57 para 4 (paragraph 3 new) are the bracket expression (the independent management of the Senate, the federal public procurement office) through the bracket expression "(Art. 139 Abs. 1 Z 1 B-VG)" and the word "Examination" replaced by the word "Legal".

53. in article 58, paragraph 1, of the parenthetical expression (an independent administrative Senate, the federal public procurement office) through the bracket expression "(Art. 139 Abs. 1 Z 1 B-VG) be" and the phrase "the parties involved in the case" replaced by the phrase "the parties of the proceedings before him".

54. in article 58, paragraph 2, the phrase is replaced by the phrase "the Supreme Administrative authorities of the Federation or of the country who are called to the representation of the contested regulation," "Supreme Administrative authority of the Federation or of the country".

55. articles 59 and 60 are replaced by the following section 59:

"Section 59 (1) the realisation of the Constitutional Court has to pronounce whether the whole substance of the regulation or specific places of same as illegal will be lifted.

(2) that knowledge is also to deliver the administrative authority, which issued the regulation, and the Supreme Administrative authority of the Federation or of the country. "It is on suspension, so para must be brought into the according to article 139 proclamation to be issued 5 B-VG expressed, that the realization of the Constitutional Court to form — regulation or specific places of same the has been lifted or."

56. paragraph 61:

"§ 61. The foregoing provisions of this section shall apply mutatis mutandis: 1 to request of a court (art. 139 para 1 Z 1 B-VG), who covet the decision, that the contested regulation or specific points of such were illegal (art. 89 par. 3 B-VG);

"2. If the Constitutional Court about the illegality of a regulation or by certain bodies of such officio to recognize (article 139 paragraph 1 Z 2 B-VG)."

57. in article 62, paragraph 1 and article 65a is after the word "claimed" the parenthetical expression (art. 140 para 1 subpara 1 lit. c B-VG) "inserted."

58. in article 62, paragraph 2, the bracket expression "(Art. 140 Abs. 1 Z 2 und 3 B-VG) is after the word"Diet"" inserted.

59. in article 62, paragraph 3, of the parenthetical expression (an independent administrative Senate, the federal public procurement office) are by the parenthetical expression (art. 140 para 1 subpara 1 lit. (B-VG) "and the phrase"in this case"replaced by the phrase 'at the proceedings for him". "

60. in article 62, paragraph 4, the parenthetical expression (the independent management of the Senate, the federal public procurement office) are by the parenthetical expression (art. 140 para 1 subpara 1 lit. (B-VG) "and the word"Examination"replaced by the word"Legal"."

61. in article 63, paragraph 1, of the parenthetical expression (an independent administrative Senate, the federal public procurement office) are by the parenthetical expression (art. 140 para 1 subpara 1 lit. (B-VG) "and the phrase"the parties involved in the case"replaced by the phrase 'the parties of the proceedings before him'."

62. in article 63, paragraph 2, the word "Court Court" is replaced by the word "Court".

63. paragraph 3 is eliminated § 63.

64. the sections 64 and 65 are:

"§ 64. (1) the realisation of the Constitutional Court has to pronounce whether the whole content of the law, or specific places of same as unconstitutional shall be repealed.

(2) the realization is to deliver also the Chancellor or the competent Landeshauptmann. It is on suspension, so para must be brought into the article 140 proclamation to be issued 5 B-VG expressed, that realization of the Constitutional Court to lawmakers the law or certain points of the same by the has been lifted or are.


section 65. The foregoing provisions of this section shall apply mutatis mutandis: 1 to request of a court (art. 140 para 1 Z 1 lit. B-VG), who covet the decision, that the contested act or certain bodies of such were unconstitutional (art. 89 par. 3 B-VG);

"2. If the Constitutional Court on the unconstitutionality of a law or by specific bodies of such by virtue to realize has (art. 140 para 1 subpara 1 lit. b B-VG)."

65. the heading to section I of the 2nd main piece is as follows:

"I. "When disputes of elections requests on loss of mandate, in challenges to the outcome of referendums, plebiscites, referendums and European citizen initiatives when shooting people in voters evidence and the exclusion of persons from voters evidence and challenge of independently actionable decisions and administrative decisions in all of these cases (art. 141 B-VG)"

66. paragraph 67 paragraph 1:

"(1) the election of the Federal President, the elections to the General representative bodies, to the European Parliament and to the articles of association the organs (representative bodies) of the statutory professional representations, the elections in the State Government and the institutions of a Community (referred to in the following Community Board) entrusted with the execution and the results of referendums, plebiscites, referendums and European citizen initiatives can because of any alleged unlawfulness of the procedure (hereafter referred to as the electoral process) be challenged." "Such contesting (hereafter referred to as the challenge to the election) has on the reasoned request annulment of the election process or a specific part of thereof to contain."

67. section 67 para 2 first sentence reads:

"Contesting the election in the State Government requires an application for a tenth of the members of the Landtag, but at least two members, contesting the election to the Municipal Board of the application for a tenth of the members of the Municipal Council, but at least two members."

68. paragraph 67 para 3:

"(3) the Constitutional Court has a challenge to the election based on the unlawfulness of a decision at the request of the fencing to party in by analogy with application of article 85, paragraph 2, first sentence, to grant the suspensive effect. § 85 para 2 is second sentence, paragraph 3 and paragraph 4 apply accordingly."

69. § 67 the following paragraph 4 is added:

"(4) on the procedure concerning the inclusion of people in voters evidence and the deletion of people from voters evidence are the provisions of this section on election disputes, which are founded on the unlawfulness of a decision to apply by analogy."

70. paragraph 68 paragraph 1:

"(1) as far as the eligible law (referred to in the following election rules) not otherwise determined, is the challenge to the election within four weeks after the end of the electoral process or, if it is founded on the unlawfulness of a decision to introduce within four weeks after the notification of this decision." The challenge to the election may be inserted in the Affairs of the own area of effect of the municipality, only after the exhaustion of the instance train. In the challenge to the election for the purpose of evidence in documents reference is made, so you are copies, to connect transcripts or copies of these documents."

71. in article 71, paragraph 1 the word "Community representatives" is replaced by the word "Councillors"."

72. in article 71, paragraph 4, the expression is "incompatibility Act 1983, BGBl. No. 330," by the expression "Unvereinbarkeits - and transparency Act UNV-transparency-G, BGBl. No. 330/1983," replaced.

73. section 71a paragraph 1 reads:

(1) who is contesting the notice issued by an administrative authority, talking of the loss of the mandate in a general representative body, the function in a town Board or in a statute giving organ (representative body) a statutory professional representative to submit within six weeks after the notification of this decision.

74. in section 71a, para. 5, the phrase is replaced by the phrase "in addition" "indeed".

75. in article 79, paragraph 1 the Word replaces "claims-made" "asserted" the phrase.

76. paragraph 81:

"article 81. "On the proceedings referred to in articles 142 and 143 B-VG collected charges is, as far as this Act does not otherwise determined is, the code of criminal procedure, 1975, StPO, Federal Law Gazette apply by analogy to no. 631/1975,."

77. in the heading to section K of the 2nd main piece is the parenthetical expression (art. 144 and 144a B-VG) through the bracket expression "(Art. 144 B-VG)" replaced.

78. paragraph 82:

"82. (1) the time limit for making an appeal against a finding of an administrative court in accordance with article 144 B-VG (appeal period) is six weeks. It starts when the finding was sent to the complainant, with the day of delivery, if however the knowledge only orally, it was announced the complainant with the date of delivery.

(2) is the knowledge already delivered to another party or announced, the complaint may be brought already from the time, in which the complainant by the knowledge gained knowledge.

(3) the party within the time limit for appeal has applied for the grant of legal aid (section 64 ZPO), so the appeal period begins for you with the delivery of the decision on the appointment of the lawyer on this. The decision by the Constitutional Court should be to. Is the timely asked grant of legal aid application is rejected, the appeal period starts with the delivery of the certified decision to the party.

(4) the complaint shall contain: 1. the name of the contested decision and of the Administrative Court, which has issued it

2. the facts of the case;

3. indication whether the appellants by the contested realization in Constitution legally guaranteed rights or due to application of illegal regulation to be injured an illegal announcement about the return statement of law (Treaty), an unconstitutional law or an illegal treaty rights claims in the latter case also called the legislation deems to be unlawful;

4. a specific desire;

5. the information, which are required to assess whether the complaint is timely brought.

(5) the complaint a copy is to connect transcript or copy of the contested decision, if it has been made to the complainant."

79 paragraph 83:

"The prosecuted authority of the proceedings before the Administrative Court is 83. (1) a copy of the complaint together with the side dishes, an appeal filed against its knowledge (respondent), to deliver with the message that it is free the respondent within a period which has to be at least three weeks to submit a Gegenschrift.

(2) the Constitutional Court may require the parties to submit further written statements and other statements within a reasonable period of time. The parties may refund also unsolicited written statements and other statements."

80. in article 84, paragraph 1, the phrase "the other as requested comments" be replaced by the phrase "Any statements and other statements" and the phrase "The complainants and the prosecuted authority" by the phrase "the parties".

81. in article 84, paragraph 2, the phrase "The complainant, involved authority and as otherwise stakeholders" by the phrase "the parties" will be replaced.

82. in section 85, paragraph 2, the phrase replaced "of the complainant, the prosecuted authority or of such otherwise involved" by the phrase "a party", and inserted the following sentence before the last sentence:

"The granting of suspensory effect requires only a justification, if it interests are affected third parties."

83. paragraph 85 para 3:

"(3) the decisions referred to in paragraph 2 are to make to the parties. Is awarded to the suspensive effect, is to defer the implementation of the contested decision and are the previous required arrangements to meet; Authorized by the contested finding may not exercise this authorization."

84. § 86a para 3 No. 1 is: "(1. in Rechtssachen, in denen ein Verwaltungsgericht die indem Beschluss genannten Rechtsvorschriften anzuwenden und eine darin genannte Rechtsfrage zu beurteilen hat: a) it may only such acts are made or taken orders and decisions, which cannot be influenced by the finding of the Constitutional Court or who has not finally settle the question and allow no delay."

(b) the time limit for appeal begins not to run; an end of the appeal period is interrupted."

85. paragraph 87 ABS. 2:

"(2) when the Constitutional Court upheld a complaint, the administrative courts and the administrative authorities are obliged to establish the legal status corresponding to the legal opinion of the Constitutional Court in that case with the legal means at its disposal without delay."

86. § 87 par. 3 last sentence deleted.

87. paragraph 88:

'article 88a. (1) on the decisions of the administrative courts, the provisions applicable to their findings this section are to apply by analogy.


(2) a not permitted against's complaint: 1 sayings in accordance with section 25a, paragraph 1, of the Administrative Court Act 1985 - VwGG, Federal Law Gazette No. 10 / 1985;

2. decisions pursuant to section 30a ABS. 1, 3, 8 and 9 VwGG;

3. decisions according to § 30 para 3 b VwGG;

4. decisions pursuant to article 61, paragraph 2 VwGG.

(3) against the procedure preliminary decisions, a separate appeal is not allowed. You can be challenged only in the complaint against the knowledge be the case."

88. in all relevant provisions with the exception of article 5i, the s case is adapted to the new spelling. This also applies to those provisions, which according to the preceding digits and Z 89 (§ 94 paragraph 26 Z 1) changed with effect from 1 January 2014, or replaced by new provisions or fall away.

89. section 94 is added the following 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 subpara 1 in the version of Z 29, article 19a, paragraph 1, article 20, paragraph 1 and 2, § 28 para 4, § 33, § 34, § 43 para. 1" , Article 46, paragraph 1, article 57, § 58, § 59, § 61, § 61a, § 62, § 63, § 64, § 65, § 65a, the heading to section I of the 2nd main piece, section 67, § 68 para 1, § 71 section 1, section 71a, para 1, the heading to section K of the 2nd main piece, article 82, § 83, § 84, section 85, paragraph 2 and 3, § 86a para 3, § 87 section 2 and section 88a with 1 January 2014; at the same time § 87 para. 3 last sentence out of power;

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

Article 5

Modification of the introductory act to the administrative procedure laws 2008

The introduction Act to the administrative procedure laws 2008 - IX, Federal Law Gazette I no. 87/2008, amended by the foreigners authority new structuring law, Federal Law Gazette I no. 87/2012, is amended as follows:

1. in article I 2 Z 38 is replaced the phrase "Federal Office for social and Disability Affairs" by the phrase "Federal Office for social and Disability Affairs".

2. Article I paragraph 2 reads:

"(2) of the administrative procedure laws shall apply: 1. the AVG on the administrative procedure of administrative authorities;"

2. the VStG on the criminal proceedings of the administrative authorities with the exception of the financial law enforcement of the Covenant;

3. the insurance contract law on the enforcement procedure of the authorities of the General State administration, bodies of the cities with its own statute and the National Police Directorate."

3. Article I sec. 3 is eliminated; Article I is paragraph 4 paragraph labeled (3).

4. in article I, paragraph 4 (paragraph 3 new) are following Z 1a and 1B is inserted: '1a.
in the Affairs of the patent system, as well as the protection of patterns, brands, and other trademarks except for criminal proceedings to be conducted in these matters;

1B. in matters pertaining to land reform with the exception of criminal proceedings to be conducted in these matters;"

5. Article II paragraph 1 reads:

"(1) where in this federal law, the AVG or the VStG authorities spoken, are including understanding the managing authorities for the procedure these federal laws pursuant to article I paragraph 2 apply no. 1 or no. 2."

6 article II paragraph 3 reads:

"(3) administrative offences within the meaning of the VStG are those of the article I paragraph 2 Z 2 authorities referred to punishable offences."

7. in article III, paragraph 1, the phrase "except where a court punishable action" eliminates Z 2.

8 article III paragraph 1 final part reads: "commits, in the cases of the Z 3 or 4 If the Act is not threatened after other administrative penal provisions with more severe penalty, an administrative offence and is by the district administrative authority, in cases of Nos. 2 and 4 for the area of a municipality, for which the National Police Directorate is also a security authority of first instance, by the National Police Directorate , to punish in cases Nos. 1 and 2 with a fine of up to 218 euros, in the case of no. 3 with a fine of up to 1 090 EUR and in the case of the Z 4 with a fine of up to 2 180 euro. In the case of the Z 4 the attempt is punishable and objects with which the offence was committed may be declared revoked."

9 Article III para 5 and 6 is:

"(5) is judicial criminal proceedings for an offence otherwise terminated Z 4 referred to in paragraph 1 as through withdrawal by the prosecution (diversion) or final guilty verdict, the authority is to be communicated. The message is for the Court in the case of the setting of the investigation of the public prosecutor's Office, in all other cases.

"(6) the time of the refund of the charge because of an act referred to in paragraph 1 Z is 4 until the receipt of the notice referred to in paragraph 5 to the authority in the Statute (article 31, paragraph 1 VStG) not to be expected."

10 article V will be attached following paragraph 6 and 7:

"(6) in the version of article 5 of the Federal Act Federal Law Gazette I no. 33/2013 enter into force: 1st article I paragraph 2 Z 38 September 1, 2012;"

2. Article III paragraphs 1, 5 and 6 at the end of the month of the announcement of this federal law;

3. Article I paragraph 2 and paragraph 3 new and article II paragraph 1 and 3 with 1 January 2014; at the same time, article is I para 3 override.

(7) for provisions in federal or state laws, where at the end of 31 December 2013, the application of administrative procedure act other than in article I § 3 is arranged the referred matters to the administrative procedure of the administrative authorities, is: 1 mapping these provisions the application of administrative procedure act in its entirety, also in a particular version, on and don't fall under no. 3 , so they are out of power.

2. mapping it the application of administrative procedure act as far as's, as in the Act in which they are contained, not another is intended, and they are not covered by no. 3, so they enter override. The statutory provisions which determine other than the administrative procedure law, remain unaffected.

3. you organize the application of administrative procedure act with the exception of certain specifically mentioned provisions of the Administrative Procedure Act, they remain unaffected."

Article 6

Change of the General administrative procedures Act 1991

The General Administrative Procedure Act 1991 - AVG, Federal Law Gazette No. 51/1991, as last amended by Federal Law Gazette I no. 100/2011, is amended as follows:

1. in section 2 accounts for the phrases "in the first instance" and "and in the second instance the Governor".

2. paragraph 17 section 4:

"(4) the refusal of the inspection to the party of pending proceedings is carried out by procedural order."

3. § 19 para 1 second sentence deleted.

4. paragraph 19 section 4:

"(4) a simple load is carried out by procedural order."

5. paragraph 33 par. 1 and 2:

"Not be obstructed by Saturdays, Sundays or statutory holidays (1) start and run a time limit.

"(2) is the end of a period on a Saturday, Sunday, public holiday, good Friday or December 24, the next day is not, one of these days is to be regarded as the last day of the period."

6. in article 38, second sentence is replaced by the phrase "the competent administrative authority or the competent court" the phrase "when the competent authority".

7. in article 41, paragraph 1, second sentence replaces the phrase "or by announcement in the for official proclamations of the authority of the municipality newspaper"by the phrase"", announcement in the newspaper for official proclamations of the authority of the municipality or by announcement in the electronic journal of the authority.

8 § 42 para 1 last sentence deleted.

9. in article 42, the following paragraph 1a is inserted:

"the announcement on the Internet under the address of the authority is considered qualified if resulting from a permanent promulgation on the official notice board of the authority that such proclamations of the municipality on the Internet can be made and under which address they are made (1a). Other forms of the by-laws are if you make sure that a party of the trial expected to knowledge obtained."

10 § 44a para 3 third sentence is omitted.

11. in paragraph 44e para 2 is the expression "§ 67e" by the expression "§ 25 para 1 to 4 of the Administrative Court Procedure Act - VwGVG, Federal Law Gazette I no. 33/2013," replaced.

12 § 51a accounts for up to 51 d including the heading.

13 paragraph 53 para 2:

"(2) the decision on the application of rejection of is carried out by procedural order."

14 § 53a para 2 first sentence reads:

"The fee is by the authority that has drawn upon the experts to determine decision."

15 § 53a para 3 is as follows:

"(3) the fee is charged to pay the non-official experts. The additional charge the authority determines a higher fee than the non-official experts was paid, shall be free to pay the non-official experts. "The authority to determine a lower fee or exceeds the advance paid the non-official experts the fee determined by you, the non-official experts for the repayment of the amount paid in too much is to commit."

16 paragraph 4 deleted § 53a.

17. in paragraph 53, the expression "2-4" by the expression "para 2 and 3" will be replaced b last sentence.

18 paragraph 61 paragraph 1:


"(1) that has appeal to indicate whether an appeal may be raised against the decision, if so this appeal must have what content and what form and bring it to what authority and how much time is."

19. in article 61, paragraph 4 is replaced "made out" with the word "adopted".

20 § 61a is eliminated.

21 paragraph 63 para 1:

"(1) the appeal in matters pertaining to the own area of effect of the community and the right to levy the appeal are based on the regulations. Against the permit or the disposal of the recovery and the approval of the re-establishment of rights is not allowed. appeal"

22. in article 63, paragraph 2, the word "Matter" is replaced by the word "Thing".

23 § 64 paragraph 1 is as follows:

"(1) a timely introduced and allowed appeal has suspensive effect."

24 § 64 para 2 first sentence reads:

"The authority may exclude the suspensive effect with notice, when after coming into contact with public interests and interests of other parties, the early implementation of the contested decision or the exercise of authority granted by the contested decision because of the imminent danger is urgently."

25. the section 2 of the IV. eliminates part together with heading; the 3rd and the 4th section of this part for the section names "part 2:" and "section 3:".

26. in article 68, paragraph 2 account for the phrases "or by the independent administrative panel of appeal" and "or".

27. in article 68, paragraph 3, the phrase is "in respect of the public welfare the authority that issued the ruling in last instance, if an independent administrative Senate has decided this, or the upcoming objectively considering upper authority" replaced by the phrase "The authority which has issued the ruling in last instance, or the upcoming objectively considering higher authority in the public interest".

28. in article 69, paragraph 1 Z 3 replaced the phrase "by the for this purpose competent authority (Court)" with the phrase "by the competent authority or the competent court".

29. in article 69, paragraph 1, the point will be replaced at the end of the No. 3 with a semicolon; following no. 4 shall be added: "4. subsequently a decision or a court judgment is known that is not subject to a suspension or amendment at the request of a party, the procedure would have based the objection of the decisive thing."

30 paragraph 69 paragraph 4:

"(4) the decision on the resumption is to the authority, which issued the ruling in last instance."

31 paragraph 3 is omitted § 70.

32. § 71 para 6 second sentence deleted.

33. paragraph 4 deleted § 72.

34. § 73 para 2 first and second sentence reads:

"Is a decision against which appeals can be filed, not to adopt the decision deadline, so the jurisdiction to decide on the appeal authority (devolution proposal) goes on written request of the party. The devolution proposal is to contribute to the appeal authority."

35. in article 73, paragraph 3, the phrase "(the independent administrative Senate) authority" is replaced by the word "Appellate authority".

36. § 76a is eliminated.

37. in article 78, par. 4, deleted the phrase "competent in the matter in the first instance" and the phrase "the burden of this authority" is replaced by the phrase "whose efforts".

38. § 79a and header is omitted.

39. paragraph 82a is eliminated.

40 20 the following paragraph is added to article the 82:

"(20) in the version of Federal Law Gazette I no. 33/2013 enter into force: 1 § 33 para 1 and 2, § 38 second sentence, § 41 para 1 second sentence, § 42 para 1a and article 69, paragraph 1 Z 3 as amended by the Z 28 at the end of the month of the announcement of this federal law;" at the same time, last sentence, § 44a para 3 step article 42, paragraph 1 third sentence and paragraph 82a override;

2. § 2, § 17 para 4, § 19 para 4, § 44e para 2, § 53 para 2, § 53a para 2, first sentence, and paragraph 3, § 53(b), last sentence, article 61, paragraph 1 and 4, § 63 para 1 and 2, article 64, the section name "part 2:", § 68 para 2 and 3, article 69, paragraph 1 Nos. 3 and 4 as amended by the Z 29, section 69, paragraph 4 , the name of the section "section 3:", § 73 para 2 and 3 and section 78 (4) with 1 January 2014; "simultaneously occur § 19 para 1 second sentence, to 51 d heading, § 53a para 4, § 61a, 2. section IV together with the SEC. 51a part together with heading, § 70 para 3, § 71 para 6 second sentence, § 72 para 4, § 76a and § 79a and heading out of power."

Article 7

Amendment of the administrative penal code 1991

The administrative penal code 1991 - VStG, Federal Law Gazette No. 52/1991, as last amended by the security agencies Neustrukturierungs Act - SNG, Federal Law Gazette I no. 50/2012, is amended as follows:

1. paragraph 1 paragraph 2:

"(2) the punishment according to the law applicable at the time of the Act, except that the law applicable at the time of the decision in its overall impact for the offender would be cheaper."

2. paragraph 19 paragraph 1:

"The meaning of criminally protected legal material and the intensity of its impact of the Act are (1) basis for the calculation of the penalty."

3. § 21 together with the header is omitted.

4. paragraph 22 together with the heading:

"Meeting of criminal offences

Section 22 (1) as far as the administrative provisions not otherwise determine, an act as administrative offence is punishable only if it is not the facts of a criminal offence falling within the jurisdiction of the courts.

(2) someone through several independent acts committed by multiple administrative offences or an act falls under several criminal threats do not exclude each other, are the penalties to impose. The same applies to a meeting of administrative offences with others by an administrative authority to punishable offences."

5. section 23 is eliminated.

6 second sentence reads section 24:

"Paragraphs 2, 3, 4, 11, 12, 13 para of 8, 14 para 3 are second rate, 37 second sentence, 39 paragraph 3, 41, 42, 44 to 44 g, 51, 57, 68 para 2 and 3, 75 and 78 to 82 AVG does not apply in administrative criminal proceedings."

7 § 25 the following paragraph 3 is added:

"(3) the courts and administrative authorities are not obliged to show the authority committing an administrative offence if the meaning of criminally protected legal material and the intensity of its degradation by the Act are low."

8 § 26 para 1 is as follows:

"(1) the administrative provisions relating to the substantive jurisdiction contain no provisions, so the district administrative authorities in the first instance are responsible in administrative penal cases."

9 paragraph 26 paragraph 2:

"(2) in administrative penal cases in matters pertaining to the objective area of effect of the National Police Directorate is responsible a community for which the National Police Directorate at the same time is security authority of first instance, the national police headquarters in the first instance but in the region."

10. in article 26, the phrase "in the first instance" is omitted.

11. in article 27, the following paragraph 2a is inserted:

"(2a) has been committed the administrative offence not domestically, so the jurisdiction 1 in administrative penal cases, which relate to the operation of a company or other ongoing activity is determined: first according to the place where the company operated or the activity performed, then after the main residence of the accused, then after his stay;"

2. in any other administrative penal cases: first to the main residence of the accused, then after his stay.

If none of the grounds of jurisdiction to consider may be, the authority is responsible, which first becomes aware of the administrative offence (§ 28)."

12. in section 30 para 3 first sentence shall be replaced "like" by the word "adopt".

13. in article 30, paragraph 3, second sentence is not valid for the phrase "first instance", but in the case of an independent administrative panel of Appeal decided this.

14 paragraph 31 together with the heading:

"Extinctive prescription

Section 31 (1) the prosecution of a person is not permitted, if against them within a period of one year no act of prosecution (§ 32 para 2) has been carried out. This period is from the date to calculate where the criminal activity has been completed or the criminal behavior has stopped. later entered the success associated with the offence, the period runs only from that date.

(2) the criminal liability of an administrative offence is extinguished by statute of limitations. The limitation period is three years and begins at the time referred to in paragraph 1. Not included in the Statute are: 1. the time during which under a statutory provision the persecution not initiated or continued;

2. the time during which for the offence against the offender criminal proceedings the public prosecutor, the Court or other administrative authority;

3. the time during which be suspended until a final decision on a preliminary question is the procedure;

4. the time of proceedings before the Administrative Court, before the Constitutional Court, or before the Court of Justice of the European Union.


(3) a penalty can no longer be enforced, if three years have passed since their imposition of res judicata. Not included in the Statute are: 1 the time of proceedings before the Administrative Court, before the Constitutional Court, or before the Court of Justice of the European Union;

2. times, where the enforcement of penalties was forbidden, suspended, postponed or interrupted;

3 times, in which the accused abroad has held up."

15. in article 32, paragraph 2, the phrase "Contract to investigate," is eliminated.

16 section 34 including the heading is replaced by the following section 34:

"§ 34. The authority may waive temporarily the initiation or continuation of criminal proceedings, as long as 1. If criminal prosecution is likely not possible or 2. prosecution probably would incur overhead, which measured would be the meaning of criminally protected legal material and the intensity of its impact by the fact.

If a substantial change of circumstances relevant for this assessment to initiate criminal proceedings or to continue."

17 paragraph 37 paragraph 1:

"(1) (the authority can the defendant with notice apply a decent amount as security to impose or by order of pledge or suitable for citizens who commit as the payer to make sure, 1st or 2nd if there is reasonable suspicion that the accused of the prosecution or the enforcement of penalties will escape, if otherwise a) (prosecution or the enforcement would probably not be possible or b) the prosecution or the enforcement likely would cause an effort" "that measured the meaning of criminally protected legal material and the intensity of its degradation by the Act was disproportionate."

18 § 37 para 2 first sentence reads:

"The security shall not exceed the maximum size of the threatened fines."

19 paragraph 37 para 3:

"(3) the complaint with the administrative court against an administrative decision in accordance with paragraphs 1 or 2 has no suspensive effect."

20. in article 37, paragraph 4, the phrase "six months" is replaced by the phrase "twelve months".

21 § 37 para 5 first sentence reads:

"(5) the security is revoked to explain, is established, that the prosecution or the enforcement of penalties is not possible."

22 § 37a para 1 and 2 is:

"(1) (the authority can authorize specially trained bodies of the public security service, by persons who enter red-handed, a preliminary security to lift, 1 if the requirements of section 35 are Nos. 1 and 2 for an arrest, or 2. if otherwise a) (the prosecution or the enforcement of the penalties could be significantly more difficult or b) the prosecution or the enforcement of penalties could cause an effort" , measured on the meaning of criminally protected legal material and the intensity of its degradation by the Act was disproportionate.

Special appropriations in the administrative regulations shall remain unaffected. § 50 para 1 last sentence, § 3, paragraph 5, paragraph 6, first sentence, and paragraph 8 are to be applied mutatis mutandis.

(2) the temporary bail shall not exceed the maximum size of the threatened fines."

23 § 37a para 3 first sentence reads:

"The embarrassed in the case of paragraph 1, fails the preliminary security Z 2 so the body can seize actionable things, belonging apparently to the entered and the value of which does not exceed the maximum size of the threatened fines, as temporary bail."

24. in § 37a paragraph 4, the phrase "the amount withheld as a provisional security" is replaced by the phrase "temporary safety".

25. in § 37a paragraph 5, the phrase "six months" is replaced by the phrase "twelve months".

26 paragraph 39 paragraph 6:

"(6) the complaint with the administrative court against an administrative decision in accordance with paragraph 1 or 3 has no suspensive effect."

27 paragraph 41 paragraph 1:

"(1) the charge (§ 19 AVG) has to contain: 1 the clear designation of referred to the accused the burden act as well as the eligible administrative provision;"

2. the invitation, which the defense to present relevant facts and to bring relevant evidence which the defence or so in time to announce the authority, that they can still be brought for questioning."

28 paragraph 2 is § 41; the previous paragraph 3 is (2) paragraph labeled.

29. in article 43, paragraph 2 "adopted" and the word "Precipitation" be replaced the word "like" the word by the word "Issue".

30. in article 44, paragraph 3, the expression "Paragraph 3" with the expression "Paragraph 2" will be replaced Z 1.

31. in article 45, paragraph 1, the point will be replaced at the end of the No. 3 with a semicolon; the following text is added: "4. the meaning of criminally protected legal material and the intensity of its degradation by the tat and the negligence of the accused low are;

5. criminal prosecution is not possible;

6 law enforcement would cause a burden which measured would be the meaning of criminally protected legal material and the intensity of its degradation by the Act.

Rather than have the setting, the authority may grant an admonition the accused persons in the case of the Z 4 with reference to the unlawfulness of his behaviour with notice, if this appears necessary to prevent him from committing offences of the same type."

32. in article 45, paragraph 2, first sentence, is the phrase "Appeal against the setting" by the phrase "against the setting complaint with the Administrative Court" replaced.

33. Article 46, paragraph 1 the word "Appeal" by the phrase "Complaint with the Administrative Court" and the word be replaced by the word "to deliver"to share"".

34. in article 47, paragraph 1, the phrase "automatic monitoring" by the phrase "from traffic monitoring using image-processing technical equipment", "365" by the amount of "600" amount and the amount be replaced "120" by the amount of "200".

35. in article 47, paragraph 2, of the amount of "300" by the amount is replaced "500".

36. in paragraph 48, (1) and 2 accounts for the sales denomination.

37. in § 49a para 1, the amount of "220" by the amount is replaced "365".

38. § 49a par. 2 is as follows:

"As the Authority (2) the authority in advance stipulated a fine regulation referred to in paragraph 1 and the display is based on the official perception of an institution of public oversight or traffic monitoring using image-processing technical facilities, may require the financial penalty without fixing a substitute punishment by anonymous available."

39. in § 49a par. 6 is the phrase "pursuant to article 34 to proceed" replaced with the phrase "as far as possible to clarify the facts of the case and to initiate investigations under the unknown perpetrators".

40. in article 50, paragraph 1, the amount of '36' by the amount will be replaced "90".

41. in article 50, the following paragraph 5a is inserted:

"(5a) which can body (para. 1) the levying of a fine with police fine refrain from, if the meaning of criminally protected legal material and the intensity of its impact of the Act and fault on the part of the offending are low; an indication as to which authority is not to refund in this case. The body can attention but the question in such a case in an appropriate manner on the unlawfulness of his behaviour."

42. paragraph 51 paragraph 7:

"(7) have been 15 months passed, it enters the receipt of timely submitted and allowed appeal of the accused against a penal law override;" the procedure is to set. Are not included in the period: 1. the time during which for the offence against the offender criminal proceedings the public prosecutor's Office or the Court is pending;

2. the time of proceedings before the Constitutional Court or before the Court of Justice of the European Union."

43. the 5 section of II part together with heading is eliminated; the 6 section this part is a section labeled "article 5:".

44. in paragraph 52, the expression "§ 31 para 2" with the expression "section 31 para 1" will be replaced.

45. in § 52a para 1 is the phrase "appeal not or" is replaced by the phrase "Complaint with the Administrative Court".

46. § 52B including heading is eliminated.

47. section 53 para 1 first sentence reads:

"The prison sentence is to understand the prison according to § 29a was transferred in the detention room of the authority or the authority."

48. first sentence is § 53a:

"All orders and decisions relating to the enforcement of the imprisonment responsibility up to the penalty took of the authority or the authority which was transferred to the prison according to § 29a."

49. paragraph 54 b paragraph 1:


"(1) legally imposed fines or other legal consequences measured in money are to be paid within two weeks after the occurrence of the force of law. No payment shall be made within this period she can be dunned by setting a reasonable time limit by a maximum of two weeks. After this period, the legal consequence is to be enforced. Is with reason to suppose that the person sentenced to the payment is not ready, or the legal consequence is uncollectible, shall be no reminder and is immediately to enforce or to proceed according to paragraph 2."

50. in paragraph 54, b the following paragraph 1a is inserted:

"(1a) In the case of a notice referred to in paragraph 1 is a lump-sum fee in the amount of five euros to pay." The cost contribution flowing to the authority, which has to bear the expenses of the authority."

51. § 54A para 3 is added to the following set:

"The payment of the fine in instalments may be allowed only with the proviso, that all still outstanding amounts become due immediately if the person sentenced with at least two instalments in arrears."

52. in article 55, paragraph 1, the phrase "after the expiration of five years after felling of the penal order" is replaced by the phrase "upon expiration of five years from the occurrence of legal force".

53. paragraph 56 para 3:

"(3) the private prosecutor has the right to raise the complaint with the administrative court against the setting."

54. paragraph 4 deleted § 56.

55. in article 57, paragraph 3, the phrase "permitted against that of Penal appeal" is replaced by the phrase "Complaint with the Administrative Court".

56. in article 64, paragraph 1, the phrase "and any decision of an independent Administrative Tribunal, confirming a sentence," is omitted.

57. in article 64, paragraph 2, the phrase is ever "1.50" by the amount of "10" and the amount of "15" by the amount of "100" replaced.

58. in article 64, paragraph 2, the phrase "for the appeals process with another 20% of the fine imposed," is omitted.

59. in article 64, the following paragraph 3a is inserted:

"(3a) the costs of an interpreter are a procedure help Defender supplied after § 51a, as far as its attendance to the meetings between the defender and the accused was required by that legal entity in the enforcement area of the independent administrative panel of appeal in the matter acted in the amount of applicable to interpreting provisions of the fees entitlement Act - GebAG, BGBl. to remunerate No. 136/1975. The fee is the independent administrative Senate has decided on the request for assistance of a defence counsel asserted. The independent administrative Senate has to decide on the request by individual Member."

60th paragraph 3a is § 64.

61. in article 64, paragraph 5, the phrase "and 1a" is inserted after the phrase "54 b of paragraph 1".

62. Article 65 is eliminated.

63. in article 66, paragraph 1, the phrase does not apply "appeal or".

64. b is added the following paragraph 19 the section 66:

"(19) as amended by Federal Law Gazette I no. 33/2013 enter into force: 1. section 26 para 2 as amended by the No. 9 with 1 September 2012;"

2. section 1, paragraph 2, section 22, including heading, § 26 para 1 as amended by the Z 8, § 27 para 2a, § 30 para 3 first sentence, section 43, paragraph 2, section 51, paragraph 7, article 55, paragraph 1, § 64 para 2 as amended by the Nos. 57 and article 64 par. 3a at the end of the month of the announcement of this federal law;

3. Article 19, paragraph 1, article 25, para. 3, article 31 together with heading, § 32 para 2, § 34, section 37, paragraph 1, 2, 4 and 5, § 37a, article 41, article 44, para. 3 subpara 1, § 45 para 1, § 47, § 48, § 49a para 1, 2 and 6, § 50 para 1 and 5a, section 52, section 54 b paragraphs 1, 1a and 3 and § 64 paragraph 5 with 1 July 2013. at the same time article 21 together with the header override; as far as provisions in the regulations provide for lower limits for penal orders, anonymous dispositions and organ penal orders as § 47, § 49a para 1 and article 50, paragraph 1 they appear also at the same time override;

4. § 24 second sentence, section 26 amended the Z 10, § 30 para 3 second sentence, § 37 para 3, § 39, paragraph 6, article 45 para 2 first sentence, section 46 paragraph 1, section called "article 5:", § 52a para 1, article 53, paragraph 1 first sentence, § 53a first sentence, § 56 para 3, § 57 para 3, § 64 para 1, § 64 para 2 as amended by the Nos. 58 and article 66 par. 1 with 1 January 2014; "simultaneously occur 5. section II, article 23 part together with heading, § 52b including heading, § 56 para 4, § 64 paragraph 3a and section 65 except force."

Article 8

Amendment of the administrative enforcement Act 1991

The administrative enforcement Act 1991 - German insurance contract law, BGBl. No. 53/1991, as last amended by the security agencies Neustrukturierungs Act - SNG, Federal Law Gazette I no. 50/2012, is amended as follows:

1. in article 1, paragraph 1, following Z inserted 3: "3. the enforcement of the findings adopted by the administrative courts with the exception of the Federal Finance Court and decisions;"

2. section 1 para 1 No. 3 receives the numeric designation "4.".

3. paragraph 1 paragraph 2:

"(2) in the territory of a municipality, for which the National Police Directorate is also a security authority of first instance, paragraph 1 applies Nos. 1 and 2 for the State police headquarters in matters pertaining to the area of their substantive effect."

4. in section 1, paragraph 2, the phrase "and 2" by the phrase replaced "to 3".

5. the following article 1a is inserted:

'section 1a. (1) the enforcement of obligations, the fulfilment of which is located in the public interest is 1 of the enforcement authority if a by itself adopted decision to enforce is, institutionally, 2. If an other enforcement to enforce is, at the request of the authority of it, went out to start.

(2) the enforcement of obligations on the fulfilment of a claim, is to start at the request of the legitimate (performing creditors).

(3) the enforcement is carried out by virtue."

6 paragraph 3 section 2:

"(2) the enforcement must be fitted with a confirmation of the job, which he is assumed, or of the executing authority, that he no longer is subject to an instance that is inhibiting the enforceability (confirmation of enforceability). "Objections to the claim within the meaning of section 35 of the enforcement order - EO, RGBl. 79/1896, are to rise out of the enforcement at the Office."

7. in paragraph 7, the word 'Decision' is replaced by the word "Enforcement".

8 paragraph 10:

"Section 10 (1) are on the enforcement procedure, as far as this federal law not different results, I part, with regard to the appeal part of the AVG apply by analogy to the § 58 para 1 and 61 and the 2nd and 3rd section of IV."

(2) the complaint with the administrative court against the enforcement order has no suspensive effect."

9 § 11 para 2 first sentence reads:

"Initiated enforcement pursuant to § 1a para 2 at the request of the legitimate (performing creditors), the costs in the case of recovery of this are to bear."

10 § 11 para 2 last sentence deleted.

11. in article 11, paragraph 4, last sentence is omitted the phrase "by the authority of first instance".

11 the following paragraph 7 is added to the article 13:

"(7) as amended by article 8 of the Federal Act Federal Law Gazette I no. 33/2013 enter into force: 1. § 1 para 2 as amended by the No. 3 with 1 September 2012;"

2. § 1a and article 11, para 2 first sentence at the end of the month of the announcement of this federal law;

3. § 1 para 1, § 1 para 2 as amended by the Z 4, § 3 para 2, § 7, § 10 and § 11 paragraph 4 last set with 1 January 2014; at the same time § 11 para. 2. last sentence override"

Article 9

Amendment of the EU administrative enforcement law

The EU administrative enforcement law EU-VStVG, Federal Law Gazette I no. 3/2008 is amended as follows:

1. in article 2, the point will be replaced at the end of the Z 8 with a semicolon; following Z 9 shall be added: "9 'Framework decision 2009/299/JHA' the framework decision 2009/299/JHA amending the framework decision 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, to strengthening the procedural rights of persons, and to promote the application of the principle of mutual recognition to decisions, following to a negotiation have been" , to which the person concerned is not appeared, OJ "No. L 81 of March 27, 2009 p. 24."

2. § 5 paragraph 2 No. 1 is: "1 the person sentenced in the country neither has assets still refers to income, is not usually in the domestic or has its headquarters there," 3. § 5 para 2 is no. 9: "9 according to certificate the person sentenced in the case of a written procedure not personally or through an according to the laws of the State of the decision representatives authorised by its law ", the decision to challenge, and of the time limits that apply to this appeal, has been informed in accordance with the law of the issuing State," 4. In § 5 para 2 the Nos. 10 and 11 will receive the designation "12" and "13."; following Nos. 10 and 11 are added: in time aa) "

either was personally summoned and was it used by the date and place of negotiation in knowledge has led to the decision, or actually officially of the date and place this negotiation having regard to was, otherwise in a way, that beyond any doubt, that he scheduled proceedings had knowledge and bb demonstrated) of which was used in knowledge , that a decision can be issued even if he does not appear at the trial or b) having regard to the scheduled negotiating a mandate for a lawyer, which the punished or by the State was appointed, gave to defend him at the trial and at trial this lawyer actually is has been defended by or c) after it has been delivered the decision and he expressly used his right to retrial or an appeal having regard to , the punished may participate in the and the facts of the case, including new evidence, be re-examined and the original decision will be repealed can aa) explicitly has declared that it does not disturb the decision or bb) no retrial or no appeal filed within the applicable time limit, the person sentenced has appeared not personally 11 according to the certificate, unless ", stating that he after expressly informing about the process and the opportunity to appear at the hearing personally expressly declared that he right to hearing waived, and explicitly told that he does not contest the decision, which the certificate," 5. § 5 section 4 is:

"(4) before a decision wholly or partially denied Z 4, 9, 10, 11 and 13 of these cases the executing authority to in par. 1 and par. 2, has them in appropriate manner the competent authority of the issuing State to consult and this, where appropriate, to ask for the immediate delivery of all necessary additional information."

6. in paragraph 7, the word is replaced "Committed" by the word "Punished".

7. in article 8 and article 14, paragraph 1 the Word replaces "which" each "whose" the word.

8. in article 15, paragraph 2 No. 1 is inserted the phrase "of the amended framework decision 2009/299/JHA framework decision" after the phrase "in application of article 7".

9 letter h Z 3 of annex 2 is: "3. indicate whether the person concerned to the negotiation that led to the decision, published personal: 1. □ Yes, the person is to the negotiation that led to the decision, personally appeared."

2. □ No, the person has appeared to the negotiation that led to the decision, not personal.

3. Please indicate the possibility of crossed under number 2, that one of the following applies: □ 3.1a. Was the person most... (Day/month/year) personally summoned here used by the date and place of negotiation in knowledge has led to the decision and informed set of, that a decision can be issued even if it does not appear at the hearing;

OR □ 3.1b. the person was not personally cited, but on other way actually officially of the date and place of negotiation, which has led to the decision, having regard to set, and in a way, that without a doubt, demonstrated that she scheduled proceedings had knowledge, as well as informed a decision can even happen if you to negotiate does not appear;

OR □ 3.2. the person has granted a mandate for a lawyer who has been appointed by the person concerned or by the State, having regard to the scheduled hearing, to defend them at trial and is; defended actually at the hearing of this legal assistance

OR □ decision 3.3. who became the person most... (Day/month/year) delivered to, and it was used specifically their right to retrial or an appeal having regard to, in which the person can participate and in which the facts of the case, including new evidence, can be re-considered and the original decision will be repealed, and □ the person has expressly declares that it does not contest this decision;

OR □ the person no retrial or no appeal filed within the applicable time limit;

OR □ 3.4. which has affected person to express informed of the procedure and the opportunity to appear at the hearing personally expressly declares, on hearing waives the right, and has explicitly informed that she do not contest the decision.

"4. Please give the number 3.1b, 3.2, 3.3 or 3.4 ticked possibility of how the relevant condition was met:..."

10. the existing text of section 18 is preceded by the sales designation (1); the following paragraph 2 is added:

"(2) § 2 Nos. 8 and 9, § 5 para 2 Nos. 1, 9, 10, 11, 12 and 13, § 5 para 4, § 7, § 8, § 14 para 1, § 15 para 2 subpara 1 and letter h Z 3 of annex 2 in the version of Federal Law Gazette I no. 33/2013 with expiration of the day of the announcement of this federal law into force."

Article 10

Amendment of the Act of delivery

The extra law - ZustG, Federal Law Gazette No. 200/1982, as last amended by the budget bill 2011, Federal Law Gazette I no. 111/2010, is amended as follows:

1 paragraph 2 No. 1: "1"recipient": by the authority in the delivery available (§ 5) as such designated person;"

2. paragraph 2 Nos. 6 and 7: "6"post": the Österreichische Post AG (§ 3 Z 1 of the postal market Act - PMG, Federal Law Gazette I no. 123/2009);"

"7"Delivery service": a universal service operator (§ 3 Z 4 PMG);"

3. paragraph 10 together with the heading:

"Delivery agent; Delivery by sending

§ 10 (1) parties and stakeholders that have no domestic delivery point, can be applied by the authority, within a period of at least two weeks for certain or all this authority to designating a representative ad litem pending or to be pending proceedings. The party or the person concerned failure to comply with this order, the service without proof of delivery can be effected by sending the documents to the authority known delivery address. A sent document deemed two weeks after handing over to the delivery service to. This legal consequence is noted in the order.

(2) a notification referred to in paragraph 1 is no longer permitted. If the party or the parties 1 designated has held a representative ad litem or 2 about a domestic place of delivery has announced that the authority"

4. in article 11, paragraph 2, the phrase "Foreign Affairs" is replaced by the phrase "European and international affairs".

5. Article 18, paragraph 1 Z 1 the following sentence is added:

"in this case is the new address of the recipient on the proof of delivery (delivery receipt, advice of receipt) to warrant;"

6 paragraph 19 together with the heading:

"Return, re-broadcasting and destruction

Documents that may be served, nor to send to are or which are been delivered, by deposit but not picked, are section 19 (1) be returned to the sender, to send to a site communicated by the sender for this purpose or on the instructions of the sender has been shown to destroy.

(2) on the proof of delivery (delivery receipt, advice of receipt) return, to indicate retransmission or destruction is."

7. in section 22 par. 2 and 4 and article 35 paragraph 3 last sentence is replaced by the phrase "the sender" the phrase 'the authority'.

8. in article 25, paragraph 1 first sentence is replaced by the word "Proclamation" the word 'Stop'.

9. in article 25, paragraph 1, second sentence the phrase "clockwise" is replaced by the phrase "the by-laws".

10. in paragraph 27, no. 2 is "to use the phrase" replaced "usable" Word.

11. in article 29, paragraph 1 Nos. 7 and 11, the phrase "the authority" is replaced by the phrase "the sender".

12. in article 29, paragraph 1, Z 8 the phrase "the authority" is replaced by the phrase "the sender".

13 the following paragraph 8 is added to § the 40:

"(8) § 2 Nos. 1, 6 and 7, § 10, including heading, section 11, paragraph 2, article 18, paragraph 1 Z 1, § 19 together with heading, § 22 para. 2 and 4, § 25 para 1, § 27 Z 2, article 29, paragraph 1 Nos. 7, 8 and 11 and article 35 paragraph 3 last sentence as amended by Federal Law Gazette I no. 33/2013 at the end of the month of the announcement of this federal law into force."

Article 11

Change of financial criminal law


The financial Penal Code - FinStrG., Federal Law Gazette No. 129/1958, as last amended by the amendment to Verwaltungsgerichtsbarkeits 2012, Federal Law Gazette I no. 51/2012, is amended as follows:

1. paragraph 254 paragraph 1:

"(1) section 29 and the Administrative Penal Code apply to the field of State and municipal tax levy criminal law 1991 - VStG, Federal Law Gazette No. 52/1991."

2 1 the following paragraph is added to t in section 265:

"(1T) § 254 para 1 as amended by Federal Law Gazette I no. 33/2013 1 January 2014 into force."

Article 12

Change the execution order

The order of execution - EO, RGBl. No. 79/1896, as last amended by the security agencies Neustrukturierungs Act - SNG, Federal Law Gazette I no. 50/2012, is amended as follows:

1. paragraph 1 Z 10: "10 administrative decisions on private claims, insofar as they are enforceable under the applicable rules and the execution by legal provisions the ordinary courts transferred is;"

2. paragraph 1 Z 12: "decisions of the administrative authorities, as well as findings and decisions of the Administrative Court and the Constitutional Court are enforceable under the applicable rules and the execution by legal regulations referred to the ordinary courts is 12;"

3. paragraph 1 Z 12: "decisions of the administrative authorities, as well as findings and decisions of administrative courts, the Administrative Court and the Constitutional Court are enforceable under the applicable rules and the execution by legal regulations referred to the ordinary courts is 12;"

4. paragraph 1 Z 14: "decisions of the administrative authorities referred to in Nos. 10 and 12 and dishes, with those fines, fines or the reimbursement of the costs of proceedings is imposed, insofar as they are enforceable under the applicable rules and the execution by legal provisions referred to the ordinary courts is 14;"

5. the following paragraph 3 is added to § 405:

"(3) as amended by article 12 of the Federal Act Federal Law Gazette I no. 33/2013 enter into force: 1. § 1 Z 10, § 1 Z 12 as amended by the Nos. 2 and § 1 Z 14 at the end of the month of the announcement of this federal law;"

"2. paragraph 1 Z 12 as amended by the No. 3 with 1 January 2014."

Article 13

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 2nd law of stability 2012-2 StabG 2012, Federal Law Gazette I no. 35/2012, is amended as follows:

1. section 16a is paragraph labeled "article 17."; section 17 is eliminated.

2. in section 17b Z 1 paragraph 20 is after the expression "Section H (new)" insert the phrase "including the heading".

3. § 17b be added following paragraph 23 and 24:

"(23) in the version of Federal Law Gazette I no. 33/2013 will apply: 1 section L Z 40 of part 2 of the annex to article 2 1 February 2009;"

2. section A-Z 2 of part 2 of the annex to article 2 with April 25, 2012;

3. the new paragraph designation of § 16a (§ 17 new), the headings to the plant to section 2, parts 1 and 2 of this annex and the sections A to M of these parts, section A-Z 3 of part 2 of the annex to article 2 and section D Z 2a of part 2 of the annex to article 2 at the end of the month of the announcement of this federal law; at the same time § 17 override.

(24) with 1 January 2014, that officials of the Federal Procurement Office, which have to get non-judicial tasks are transferred to the Federal Chancellor's Office. At the request of a concerned staff, the Federal Minister of economy, family and youth determines whether the officials at the end of 31 December 2013 had to get such tasks of the Federal Procurement Office. Officials in the Chancellor's Office is, if not important business interests are opposed to assign a use in the task pane of the Handelshof, which is at least equivalent to the previous use of the official."

4. the headings to the plant to section 2, parts 1 and 2 of this annex and the sections A to M of these parts receive a uniform format (upper - and lowercase of words, fat, not underlined).

5. in section 2 of part 2 of the annex to article 2 A Z is replaced "Audiovision Elle" "audiovisual" through the word.

6. in section 3 of part 2 of the annex to article 2 A-Z is the offence of "Matters of constitutional and administrative justice" by the facts "matters of constitutional jurisdiction; Matter of the administrative jurisdiction with the exception of the matters of the Federal Finance Court"replaced.

7. in section D of part 2 of the annex to article 2, following Z 2a is inserted: '2a.
Affairs of the Federal Finance Court."

8. in section I, no. 6 of part 2 of the annex to article 2 is inserted before the phrase "the agricultural authorities" the word "Procedures".

9. in section L Z 40 of part 2 of the annex to article 2, the closing quote is eliminated after the final point of the last minor offence.

Article 14

Change of the official liability Act

The official liability Act, Federal Law Gazette No. changed 20/1949, in which version the error correction BGBl. I is no. 194/1999, as follows:

1. the title is as follows: