Verwaltungsgerichtsbarkeits Implementation Act 2013

Original Language Title: Verwaltungsgerichtsbarkeits-Ausführungsgesetz 2013

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33. Federal Law, with which a federal law on the proceedings of administrative courts (Administrative Court Procedure Act) and a federal law relating to the transition to two-stage administrative jurisdiction (Administrative Court Transitional Law) and the Administrative Court Act 1985, the Constitutional Court Act 1953, the Introductory Act to the Administrative Procedures Law of 2008, the General Administrative Procedure Act, 1991, which Administrative Criminal Law 1991, the Administrative Law on Enforcement in 1991, which EU-administrative law enforcement law, the law on delivery, the law on financial offences, the executive order, the federal ministry act 1986, the law on liability law, the law on civil liability and the federal law on the law of the federal law (Administrative Jurisdictional Execution Act 2013)

The National Council has decided:

table of contents

Art.

Object/Label

1

Administrative Court Procedure

2

Transitional Administrative Jurisdivity Act

3

Amendment of the Administrative Court Act 1985

4

Amendment of the Constitutional Court Act 1953

5

Amendment of the Introductory Act to the 2008 Administrative Procedure Law

6

Amendment of the General Administrative Procedure Act 1991

7

Amendment of the Administrative Criminal Law 1991

8

Amendment of the Administrative Enforcement Act 1991

9

Amendment of the EU's Administrative Enforcement Act

10

Amendment of the Delivery Act

11

Amendment of the Financial Criminal Law

12

Amendment of the Executive Order

13

Amendment of the Federal Ministries Act 1986

14

Amendment of the Official Liability Act

15

Amendment of the Organic Liability Act

16

Amendment of the German Federal Law Gazing Act

Article 1

Federal Law on Administrative Courts (Administrative Court Procedure-VwGVG)

table of contents

1. Main item
General provisions

§ 1.

Scope

§ 2.

Exercise of administrative jurisdiction

§ 3.

Local competence

§ 4.

Legal assistance at the request of domestic courts

§ 5.

Legal assistance at the request of foreign courts and authorities

§ 6.

Befanity

2. Main piece
Procedure

Section 1
Complaint

§ 7.

Right of appeal and notice of appeal

§ 8.

Deadline for the collection of sowing complaints

§ 9.

Content of the complaint

§ 10.

Communication of the complaint

Section 2
Pre-Procedure

§ 11.

Applicable law

§ 12.

Text Sets

§ 13.

Suspensive effect

§ 14.

Appeal Decision

§ 15.

Proposal for a proposal

§ 16.

Recovery of the fog

Section 3
Proceedings before the Administrative Court

§ 17.

Applicable law

§ 18.

Parties

§ 19.

Entry of the supreme organs

§ 20.

Text Sets

§ 21.

File View

§ 22.

Suspensive effect

§ 23.

Load

§ 24.

Negotiation

§ 25.

Public of the trial and the taking of evidence

§ 26.

Fees of witnesses and participants

§ 27.

Audit Scope

Section 4
Findings and decisions

§ 28.

Findings

§ 29.

Announcing and preparing the findings

§ 30.

Lecturing on the complaint to the Constitutional Court and the revision of the Administrative Court

§ 31.

Decisions

§ 32.

Resumption of proceedings

§ 33.

Reinstatation in the previous stand

§ 34.

Decision making

Section 5
Cost

§ 35.

Costs in proceedings relating to complaints concerning the exercise of direct administrative and enforcement authority

3. Main piece
Special provisions

Section 1
Proceedings in cases in the affairs of the municipality's own sphere of action

§ 36.

Section 2
Procedures in administrative criminal matters

§ 37.

Deadline for the collection of sowing complaints

§ 38.

Applicable law

§ 39.

Appeal Waiver

§ 40.

Procedural defence counsel

§ 41.

Suspensive effect

§ 42.

Prohibition of the imposition of a higher penalty

§ 43.

Statute of limitations

§ 44.

Negotiation

§ 45.

Conduct of the hearing

§ 46.

Taking of evidence

§ 47.

Conclusion of the hearing

§ 48.

The immediate effect of the procedure

§ 49.

Participants ' fees

§ 50.

Findings

§ 51.

Decision making

§ 52.

Cost

Section 3
Proceedings concerning complaints concerning the illegality of the conduct of a public authority in the enforcement of the law

§ 53.

Section 4
Presentation of the findings and decisions of the right-holder

§ 54

4. Main piece
Final provisions

§ 55.

References

§ 56.

Linguistic equality

§ 57.

Enforcement

§ 58.

entry into force

1. Main item

General provisions

Scope

§ 1. This Federal Act regulates the proceedings of the administrative courts, with the exception of the Federal Financial Court.

Exercise of administrative jurisdiction

§ 2. In so far as the federal or state laws do not provide for the decision by the Senate, the Administrative Court shall decide by a single judge (right-wing party).

Local competence

§ 3. (1) In matters which do not belong to the competence of the Federal Administrative Court, the local jurisdiction shall be governed by:

1.

in the cases of Art. 130 (1) (1) (1) and (3) of the Federal Constitutional Law-B-VG, BGBl. Nr. 1/1930, according to § 3 Z 1, 2 and 3 with the exception of the last half sentence of the General Administrative Procedure Act 1991-AVG, BGBl. No 51/1991;

2.

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

3.

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

4.

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

(2) The Administrative Court in the Land of Vienna shall be responsible for determining the jurisdiction not pursuant to paragraph 1.

Legal assistance at the request of domestic courts

§ 4. (1) Administrative courts shall have mutual legal assistance.

(2) The request for legal assistance shall be made to the Administrative Court, in the course of which the official act is to be carried out. It shall be refused if the requested administrative court is locally uncompetent to the act in question.

(3) Where a request for legal assistance is addressed to an uncompetent administrative court and if it is possible to determine the competent administrative court, it shall forward the request to the latter.

(4) Paragraph 1 to 3 shall apply mutafically to requests for legal assistance from other domestic courts.

Legal assistance at the request of foreign courts and authorities

§ 5. (1) The national courts and authorities shall have legal assistance under the existing national treaties, in the absence of such agreements, provided that reciprocity is required.

(2) The legal assistance shall be rejected:

1.

if the act sought by the requesting court or the requesting authority does not fall within the jurisdiction of the administrative courts; should the coveted act fall within the jurisdiction of other domestic authorities or courts, the the administrative court requested the request to the competent authority or forward the competent court;

2.

if it is inadmissible.

The requesting court or the requesting authority shall be informed of the refusal, stating the reasons for the refusal.

Befanity

§ 6. Members of the administrative court, expert lay judges and right-wing parties shall abstain from exercising their duties on complaint to the President of the office.

2. Main piece

Procedure

Section 1

Complaint

Right of appeal and notice of appeal

§ 7. (1) A separate complaint shall not be admissible against procedural arrangements in the administrative procedure. They can only be challenged in the complaint against the decision to be done.

(2) A complaint shall no longer be admissible if the party expressly waived the appeal after the notification or delivery of the case.

(3) If the communication has already been delivered or announced to another party, the appeal may already be filed as from the date in which the appellant has become aware of the communication.

(4) The time limit for the collection of a complaint against the decision of an authority pursuant to Art. 130 (1) Z 1 B-VG, against instructions pursuant to Art. 130 (1) Z 4 B-VG, or because of the illegality of the conduct of an authority in the enforcement of the laws of Art. 130 Paragraph 2 Z 1 B-VG is four weeks. The time limit for filing a complaint against the exercise of direct administrative and enforcement authority pursuant to Art. 130 (1) Z 2 B-VG is six weeks. It begins

1.

in the cases referred to in Article 132 (1) (1) B-VG, if the decision was notified to the appellant, with the date of service, if the decision to the complainant was promulgated only orally, with the date of delivery,

2.

in the cases referred to in Article 132 (1) (2) B-VG, if the communication has been notified to the relevant Federal Minister, with the date of service, otherwise with the date in which the competent Federal Minister has become aware of the communication,

3.

in the cases referred to in Article 132 (2) of the B-VG, the date on which the person concerned became aware of the exercise of direct administrative authority and authority, but was disabled by the person concerned, by his right to appeal to make use of the omission of this disability,

4.

in the cases referred to in Article 132 (4) B-VG, with the date on which the school authority to which the instruction is addressed has acquired that knowledge, and

5.

in the cases referred to in Article 132 (5) B-VG, where the communication has been notified to the institution empowered to collect the appeal, on the day of service, otherwise with the date on which that institution has become aware of the communication.

Deadline for the collection of sowing complaints

§ 8. (1) An appeal for breach of the obligation to make a decision pursuant to Article 130 (1) Z 3 B-VG (sowing complaint) cannot be filed until the Authority fails to take the matter within six months, if a shorter or longer period of time is required by law. Decision-making period is provided for within the decision period. The period shall begin from the date on which the application for a substantive decision has arrived at the place where it was to be submitted. The complaint shall be dismissed if the delay is not due to an overriding fault of the Authority.

(2) The period shall not be included in the time limit:

1.

the time during which the proceedings are suspended until a final decision has been taken;

2.

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

Content of the complaint

§ 9. (1) The complaint shall contain:

1.

the name of the contested decision, the contested exercise of direct administrative and enforcement authority, or the contested decision;

2.

the name of the competent authority;

3.

the grounds on which the allegation of illegality is based,

4.

the desire and

5.

the information required to assess whether the complaint has been submitted in good time.

(2) Belanted Authority shall be

1.

in the cases referred to in Article 130 (1) (1) B-VG, that authority which has issued the contested decision,

2.

in the cases referred to in Article 130 (1) (2) B-VG, that authority which is to be attributed the exercise of direct administrative and enforcement authority;

3.

in the cases referred to in Article 130 (1) Z 3 B-VG, that authority which has not issued the communication,

4.

in the cases referred to in Article 130 (1) (4) B-VG, the authority whose body has issued the instruction, and

5.

in the cases referred to in Article 130 (2) (1) of the B-VG, the authority which has taken the conduct.

(3) In so far as the appellants are not considered to be in breach of their rights under Article 130 (1) Z 1 B-VG and against instructions pursuant to Art. 130 (1) Z 4 B-VG, the reasons for which the complaints are based shall be replaced by the reasons for which the appellants are not in breach of the law. Allegation of illegality, the declaration on the extent of the dispute.

(4) In the case of complaints against the exercise of direct administrative and enforcement authority pursuant to Article 130 (1) Z 2 B-VG, the name of the competent authority shall be replaced where this is reasonable, indicating which institution: has set the measure.

(5) In the case of complaints concerning the breach of the obligation to make a decision pursuant to Art. 130 (1) Z 3 B-VG, the information referred to in paragraph 1 Z 1 to 3 and 5 shall be deleted. The authority concerned shall be the authority whose decision has been sought in the case. Furthermore, it must be made credible that the deadline for the collection of the sowing complaint pursuant to Section 8 (1) has expired.

Communication of the complaint

§ 10. If any new facts or evidence which appear to be relevant to the Authority or the Administrative Court are brought forward in a complaint, it shall have the following: , it shall forthwith inform the other parties and give them the opportunity to take note of and comment on the content of the complaint within a reasonable period of not more than two weeks from the content of the complaint.

Section 2

Pre-Procedure

Applicable law

§ 11. Save as otherwise provided in this section and in the preceding paragraph, the procedure provided for in this paragraph shall apply to those procedural rules to be applied by the Authority in a proceeding which is the subject of a complaint to the Administrative Court Precedes.

Text Sets

§ 12. Pending the submission of the complaint to the Administrative Court, the pleadings shall be submitted to the competent authority. This shall not apply in cases referred to in Article 130 (1) (2) B-VG.

Suspensive effect

§ 13. (1) A complaint lodged in due time and admissible pursuant to Art. 130 (1) (1) B-VG shall have suspensive effect.

(2) The Authority may exclude the suspensive effect with a communication if, after consideration of the public interests and interests of other parties concerned, the early enforcement of the contested decision or the exercise of the The contested decision is a matter of urgency due to danger in the event of default. Such an objection must be taken into account in the communication which goes beyond the main proceedings.

(3) complaints pursuant to Art. 130 (1) (4) and (2) (2) (1) B-VG do not have suspensive effect. However, the Authority shall, at the request of the appellant, be informed of the suspensive effect with a decision if the non-compelling public interest is contrary to and after consideration of the public interests and interests of others. Parties with the immediate liability of the Directive or with the deplorable behaviour of the Authority would be a disproportionate disadvantage for the complainant.

(4) The Authority may, at the request of a party, repeal or amend the code referred to in paragraphs 2 and 3 if the relevant facts have changed in such a way that its new assessment results in a communication in the main content of the sprouch. had.

(5) The appeal against a communication pursuant to paragraph 2 or 3 shall not have suspensive effect. If the appeal is not to be dismissed as late or inadmissible, the Authority shall submit the complaint to the Administrative Court without delay, following the file of the proceedings. The Administrative Court shall, without delay, decide on the appeal without delay and the Authority shall, if it does not depart from the issue of a preliminary appeal decision, postpone the proceedings of the proceedings.

Appeal Decision

§ 14. (1) In the proceedings relating to complaints pursuant to Article 130 (1) Z 1 B-VG, the Authority shall be free to waive the decision under appeal within two months, to amend it or to reject or reject the appeal (Appellant's decision). § 27 shall apply mutatily.

(2) If the Authority intends to depart from the issue of a decision of appeal, it shall submit the complaint to the Administrative Court, following the case of the administrative procedure.

(3) In the case of complaints pursuant to Article 130 (1) Z 4 B-VG, the Authority shall submit the complaint to the Administrative Court, following the acts of the administrative procedure.

Proposal for a proposal

§ 15. (1) Any party may, within two weeks after notification of the appeal decision, submit to the Authority the request that the appeal be submitted to the Administrative Court for a decision (submission of the application). If the application is filed by a party other than the appellant, it shall contain the grounds on which the allegation of illegality is based (§ 9 para. 1 Z 3) and a desire (§ 9 para. 1 Z 4).

(2) A timely and admissible application shall have suspensive effect if the authority does not rule out the suspensive effect of the appeal. The Authority shall submit the application and the complaint to the Administrative Court, following the file of the proceedings, and shall inform the other parties of the submission of the application.

(3) The Authority shall reject a delay and any unauthorised requests for proposals. In the event of a complaint against such a decision, the Authority shall immediately submit to the Administrative Court the files of the proceedings.

Recovery of the fog

§ 16. (1) The Authority may, within a period of up to three months, take the decision in the proceedings concerning complaints concerning the breach of the obligation to make a decision pursuant to Article 130 (1) Z 3 B-VG. If the decision is adopted or if it has been adopted prior to the initiation of proceedings, the procedure shall be adjusted.

If the Authority does not inform the Authority, it shall submit the complaint to the Administrative Court, following the case of the administrative procedure.

Section 3

Proceedings before the Administrative Court

Applicable law

§ 17. Unless otherwise specified in this Federal Act, the proceedings relating to complaints pursuant to Art. 130 (1) B-VG shall be governed by the provisions of the AVG with the exception of Sections 1 to 5 and of the IV. Part, the provisions of the Federal Tax Code-BAO, BGBl. No. 194/1961, the Agricultural Procedure Law-AgrVG, BGBl. No 173/1950, and the Law on the Law of the Law 1984-DVG, BGBl. No 29/1984 and, moreover, apply those procedural provisions in federal or state laws which the Authority would have applied or had applied in the proceedings preceding the administrative court proceedings.

Parties

§ 18. Party is also the prosecutable authority.

Entry of the supreme organs

§ 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 the Land administration the competent national government in place of another complain the State institution or any other competent authority shall at any time enter into the proceedings. However, this shall be inadmissible if:

1.

an institution of the self-governing body, or any other self-governing body, in a matter of the municipality's own sphere of action, or

2.

an institution-free institution

of the Authority.

Text Sets

§ 20. The complaints against the exercise of direct administrative and enforcement authority pursuant to Art. 130 (1) Z 2 B-VG and the other pleadings in the proceedings relating to these are to be submitted directly to the Administrative Court. In all other procedures, the pleadings shall be submitted directly to the Administrative Court on presentation of the complaint.

File View

§ 21. Draft findings and decisions of the administrative court and minutes of any deliberations and votes shall be excluded from the inspection of the file.

(2) The authorities may, when submitting files to the Administrative Court, request that certain files or file components in the public interest be exempted from the inspection of the file. Access to the file may not be granted in the case of file components which have been exempted from the inspection of the file in the administrative procedure. The Authority shall refer to the relevant file components on presentation of the files.

Suspensive effect

§ 22. (1) complaints pursuant to Art. 130 (1) Z 2 B-VG have no suspensive effect. However, the Administrative Court shall, at the request of the appellant, grant the suspensive effect with a decision if the non-compelling public interest is contrary to it and, after consideration of the public interests in question, with the Continuing the exercise of direct administrative and enforcement authority for the complainant would be a disproportionate disadvantage.

(2) In the proceedings concerning complaints pursuant to Art. 130 (1) Z 1 B-VG, the Administrative Court may exclude the suspensive effect by decision if, after consideration of the public interests and interests of other parties, the advance Enforcement of the contested decision, or the exercise of the authority granted by the contested decision, is, as a matter of urgency, necessary for the risk of default.

(3) The Administrative Court may, at the request of a party, repeal or amend the proceedings pursuant to Section 13 and the decisions referred to in paragraphs 1 and 2 if the conditions of the award of the party or of the party are fulfilled. the exclusion of the suspense effect is assessed in a different way, or if the conditions laid down for the decision on exclusion or exclusion are the granting of the suspensive effect of the appeal was decisive, substantially amended.

Load

§ 23. The Administrative Court is entitled to preload persons who have their residence (registered office) outside of the administrative court and whose appearance is necessary.

Negotiation

§ 24. (1) The Administrative Court shall, on request or, if it considers it necessary, carry out a public hearing on its own account in the course of a public hearing.

(2) The negotiation may be omitted if:

1.

the application of the party or the appeal which has been brought before the previous administrative procedure, or which has already been established on the basis of the file situation, that the decision under appeal is to be annulled, the exercise of the contested decision the direct administrative and enforcement authority, or the contested instructions, is to be declared unlawful; or

2.

To reject or reject the complaint of sowing.

(3) The appellant must request the conduct of a hearing in the complaint or in the request for an application. The other parties shall be given the opportunity to submit a request for the conduct of a hearing within a reasonable period of time not to exceed a period of two weeks. A request for the conduct of a hearing can only be withdrawn with the consent of the other parties.

(4) Unless otherwise determined by the federal or state law, the administrative court may, irrespective of a party's request, dismiss from a trial if the files indicate that the oral discussion is a further clarification of the It does not allow the case to be taken and a decision to be taken by the Court of Justice neither Article 6 (1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, BGBl. No 210/1958, and Article 47 of the Charter of Fundamental Rights of the European Union, OJ L 327, 31.12.1958, p. No. OJ C 83 of 30.03.2010 p. 389.

(5) The Administrative Court may refrain from carrying out proceedings (continuation) of a hearing if the parties expressly waive the proceedings. Such a renunciation can be explained up to the beginning of the (continued) negotiation.

Public of the trial and the taking of evidence

§ 25. (1) The public may only be excluded from the negotiation as far as this is for reasons of morality, public policy or national security, the maintenance of business and trade secrets, and in the interest of the the protection of young people or of the private life of a party, of a victim, of a witness or of a third party.

(2) The exclusion of the public shall be effected by means of a procedural decision either on its own account or at the request of a party or a witness.

(3) Immediately after the proclamation of the decision in accordance with paragraph 2, all listeners shall be removed, but the parties may require that three persons of their confidence be allowed to participate in the trial.

(4) If the public has been excluded from a trial, it shall be prohibited to redistribute circumstances as far as this is necessary for the reasons set out in paragraph 1.

(5) The negotiator shall open and direct the trial and handle the session. The Chief Negotiator shall ensure that the case is fully discussed by the Office. If it is determined by federal or state law that the administrative court decides by the Senate, the other members of the Senate are also empowered to ask questions. The Administrative Court shall decide by means of a procedural decision on objections to orders relating to the proceedings and applications submitted in the course of the proceedings.

(6) The evidence required for the decision of the case shall be included in the hearing.

(7) The knowledge can only be made by those members of the administrative court who took part in the trial. If the composition of the senate changes or if the case has been assigned to another judge, the trial must be repeated. If the recognition is due, only consideration must be given to what has happened in this negotiation.

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

Fees of witnesses and participants

§ 26. (1) Witnesses who are heard in proceedings before the Administrative Court for the purpose of proof or whose testimonation without their fault are not liable shall be entitled to fees pursuant to § 2 para. 3 and § § 3 to 18 of the Fees Act-GebAG, BGBl. No. 136/1975. The fee is to be filed with the Administrative Court in accordance with § 19 GebAG.

(2) For the purpose of determining the fee, § 20 GebAG shall apply with the following measures:

1.

The fee is to be calculated on a provisional basis. Prior to the calculation of the fees, the witness may be asked to comment on circumstances which are significant for the calculation of the fees and, by setting a certain time limit, to submit any missing confirmations. The fee amounts are to be rounded up to a full 10 cents.

2.

The tentatively calculated charge shall be communicated to the witness in writing or orally. Within two weeks of the date of the announcement of the fee, the Administrative Court may apply for the determination of the fees by the Administrative Court in writing or orally. If the witness does not submit a request for fee determination or withdraws it, the announced fee shall be deemed to be determined. The administrative court may, however, determine the fee differently from the office of the Administrative Court. At the end of three years following the announcement of the fee, an official fee determination is no longer permissible.

3.

The witness may also apply for the determination of fees by the administrative court if no fee is disclosed to him within eight weeks of the establishment of the claim. If he withdraws the application for a fee determination, the fee claim shall be deleted.

(3) The fee shall be charged free of charge to the witness. If the Administrative Court determines a higher fee than the witness has been paid, the additional amount shall be repaid free of charge to the witness. If the administrative court determines a lower fee or if the advance paid to the witness exceeds the fee which it charges, the witness must be obliged to repay the amount paid too much.

(4) The fees payable to the witnesses shall be borne by that legal entity on whose behalf the Administrative Court has acted on the matter.

(5) The provisions of paragraphs 1 to 4 shall also apply to persons involved.

Audit Scope

§ 27. In so far as the Administrative Court finds that there is no illegality on the grounds of lack of competence of the Authority, it has the contested decision, the contested exercise of direct administrative and enforcement authority and the contested decision. To review the statement on the basis of the complaint (Section 9 (1) (3) and (4)) or on the basis of the declaration on the extent of the dispute (Section 9 (3)).

Section 4

Findings and decisions

Findings

§ 28. (1) If the complaint is not to be rejected or the proceedings cease, the Administrative Court shall have to deal with the case by finding out the case.

(2) In the case of complaints pursuant to Art. 130 (1) Z 1 B-VG, the Administrative Court shall then decide on the matter itself if:

1.

the relevant facts are determined or

2.

the determination of the relevant facts by the Administrative Court itself is in the interest of the Rashness or is associated with a substantial cost saving.

(3) If the conditions set out in paragraph 2 do not exist, the Administrative Court shall decide in the proceedings on complaints pursuant to Article 130 (1) Z 1 B-VG in the case itself if the Authority does not consider it to be the case when the appeal is submitted is contrary to the essential simplification or acceleration of the procedure. If the Authority has not investigated the facts, the Administrative Court may decide to repeal the decision under appeal and refer the matter back to the Authority for the purposes of issuing a new date. The Authority shall be bound by the legal assessment on which the Administrative Court has taken its decision.

(4) If the Authority decides to exercise its discretion in its decision, the Administrative Court shall, if it does not have the right to decide on the matter in accordance with paragraph 2, and if the appeal is not dismissed or dismissed, the Administrative Court shall inform the contested decision of the To withdraw a decision and refer the matter to the Authority for the release of a new date. The Authority shall be bound by the legal assessment on which the Administrative Court has taken its decision.

(5) The Administrative Court shall be informed by the Administrative Court of the contested decision, the authorities are obliged, in the case in question, with the legal means at their disposal, to immediately inform the legal proceedings of the Administrative Court. to the appropriate legal status.

(6) Where a complaint is not to be rejected or dismissed in the proceedings for the exercise of direct administrative authority and authority pursuant to Art. 130 (1) Z 2 B-VG, the Administrative Court shall have the right to exercise immediate effect to declare and, if necessary, waive the administrative and enforcement authority of administrative authorities. If the exercise of the administrative authority and the authority of the administrative authority, which is declared to be unlawful, is still in force, the competent authority shall immediately establish the condition corresponding to the legal opinion of the administrative court.

(7) In the case of complaints concerning the breach of the decision-making obligation pursuant to Article 130 (1) Z 3 B-VG, the Administrative Court may, for the time being, limit its knowledge to the decision of individual relevant legal questions and apply it to the Authority; to adopt the missed communication within a period of time, not to exceed eight weeks, on the basis of the atrocity defined herewith. If the authority does not follow the order, the Administrative Court shall decide on the complaint by finding itself in the matter itself, in which case it also handles the discretion which is otherwise at the authority of the Authority.

(8) By the annulment of the contested decision, the state of law which existed prior to the release of the instruction shall enter into force; however, as a result of the directives repealed as a result of the instruction, it shall not enter into force again. The Authority shall be obliged, in the case in question, to establish without delay the legal status of the administrative court in accordance with the legal means at its disposal.

Announcing and preparing the findings

§ 29. (1) The findings are to be announced on behalf of the Republic and to be completed. They shall be justified.

(2) If a trial has taken place in the presence of parties, the Administrative Court shall, as a general rule, immediately announce the recognition with the essential reasons for the decision.

(3) The proclamation of the recognition shall not apply if:

1.

a negotiation has not been carried out (continued), or

2.

the knowledge cannot be taken immediately after the end of the oral proceedings

and everyone is guaranteed the insight into the knowledge.

(4) A written copy of the recognition shall be sent to the parties. In the cases referred to in Article 132 (1) Z 2 B-VG, a written copy of the recognition shall also be submitted to the competent Federal Minister.

Lecturing on the complaint to the Constitutional Court and the revision of the Administrative Court

§ 30. Each finding has an instruction on the possibility of filing a complaint with the Constitutional Court and an ordinary or extraordinary revision in the administrative court. The Administrative Court shall also point out:

1.

in the case of the lodging of such a complaint or Revision of deadlines;

2.

the legal requirements for the submission of such a complaint or Revision by an authorized attorney;

3.

to those for such a complaint or Revision of input fees to be paid.

Decisions

§ 31. (1) In so far as it is not possible to make a knowledge, decisions and orders shall be taken by decision.

(2) The Administrative Court shall be bound by its decisions in so far as they are not only procedural-related.

(3) The decisions of the Administrative Court are to be applied in accordance with Section 29 (1), second sentence, para. 4 and § 30. This shall not apply to procedural decisions.

Resumption of proceedings

§ 32. (1) The application of a party to the resumption of a procedure concluded by the recognition of the administrative court shall be accepted if a revision is no longer admissible in the Administrative Court against the recognition and

1.

the knowledge has been brought about by forgery of a certificate, false witness or another act punishable by a court, or has been otherwise aggravated, or

2.

new facts or evidence which could not be asserted in the proceedings without fault of the Party and which, alone or in connection with the other outcome of the proceedings, are likely to be a different one in the main content of the investigation have brought about nourious realization, or

3.

the knowledge of preliminary questions (§ 38 AVG) was dependent and subsequently on such a preliminary question by the competent administrative authority or has been decided by the competent court in a different way, or

4.

it is subsequently notified of a decision or a court decision which, which is not subject to a waiver or amendment at the request of a party and which, in the administrative court proceedings, would have justified the objection of the decisive cause.

(2) The request for resumption shall be submitted to the Administrative Court within two weeks. The period shall commence from the date on which the applicant has become aware of the grounds for re-admission, but after the date of delivery of the oral recognition and before the written copy has been delivered, the applicant shall not enter into force until the date of receipt of the oral recognition. this time. After the expiry of three years after the date of the recognition of the recognition, the application for resumption cannot be made any more. The circumstances from which compliance with the legal deadline is given shall be made credible by the applicant.

(3) Under the conditions laid down in paragraph 1, the resumption of proceedings may also be available on its own account. After the expiration of three years after the release of the recognition, the resumption can only take place on its own account for the reasons of paragraph 1 Z 1.

(4) The Administrative Court shall immediately inform the parties of the completed proceedings of the resumption of the proceedings.

(5) The decisions of the Administrative Tribunal shall apply mutatis mutudly to the provisions of this paragraph which apply to its findings. This shall not apply to procedural decisions.

Reinstatation in the previous stand

§ 33. (1) If a party makes it credible that it fails to reach a deadline or an oral hearing by means of an unforeseen or unsustainable event, in such a way that it has not become aware of a service without its fault; and In this way, the party shall, upon request, grant the right to reinstate the party at the previous level. The fact that the party is guilty of default in default does not prevent the granting of reinstatement if it is only a minor degree of oversight.

(2) The reinstatement to the previous stand for failure to submit a request for an application is also to be granted if the time limit has been missed, because the appeal decision to be contested has been falsely granted an appeal and the party has seized the appeal or the appellant's decision no information on the position of an application, no time limit on the lodging of a claim or an indication that no legal remedy is admissible.

(3) The application for re-establishment shall be made in the cases referred to in paragraph 1 up to the submission of the appeal to the Authority, from the submission of the appeal to the Administrative Court within two weeks of the removal of the obstacle. In the cases referred to in paragraph 2, the application shall be submitted within two weeks.

1.

after the notification of a decision or a judicial decision which has been made, which the appeal has rejected as inadmissible, or

2.

after the date on which the party has become aware of the admissibility of the position of an application for submission,

in the case of the Authority. The missed action is to be collected at the same time.

(4) Up to the submission of the complaint, the Authority shall be informed of the application. Section 15 (3) is to be applied in a reasonable way. From the submission of the complaint, the Administrative Court shall decide on the application by decision. The authority or the administrative court may grant the application for re-establishment the suspensive effect.

(5) The authorisation of reinstatement shall return the procedure to the situation in which it was found before the date of the failure to enter into force.

(6) No reinstatement shall be taken against the delay in the time limit for the submission of the application for re-establishment.

Decision making

§ 34. (1) Unless otherwise determined by federal or state law, the Administrative Court shall be obliged to submit proceedings instituting proceedings of parties and complaints without unnecessary delay, but no later than six months after their entry into force. decision. In proceedings concerning complaints pursuant to Art. 130 (1) and (2) (2) (1) B-VG, the decision-making period begins with the submission of the appeal and in the cases of Section 28 (7), with the expiry of the time limit set by the Administrative Court. Insofar as different decision periods arise in related proceedings (Section 39 (2a) of the AVG) from the applicable legislation, the most recent decision-making process is decisive.

(2) The period shall not be included in the time limit:

1.

the time during which the proceedings are suspended until a final decision has been taken;

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 may suspend proceedings in respect of a complaint pursuant to Article 130 (1) (1) B-VG by decision if:

1.

to resolve a legal matter by the Administrative Court in a significant number of pending or in the near future proceedings and, at the same time, in the Administrative Court, a procedure for revision against a recognition or a a decision of an administrative court is pending, in which the same legal matter is to be resolved; and

2.

a case-law of the Administrative Court for the solution of this legal matter is missing or the legal question to be resolved is not answered in a uniform manner in the previous case law of the Administrative Court.

At the same time, the Administrative Court shall inform the Administrative Court of the issue of the procedure under the name of the proceedings pending before the Court of Administrative Court. Such a communication has to be omitted if the Administrative Court in the communication would have called a procedure before the Administrative Court, which has already referred to it in a previous communication. With the notification of the recognition or decision of the Administrative Court to the Administrative Court in accordance with Section 44 (2) of the Administrative Court Act 1985-VwGG, BGBl. No 10/1985, the procedure should be continued. The Administrative Court shall inform the parties of the continuation of the proceedings.

Section 5

Cost

Costs in proceedings relating to complaints concerning the exercise of direct administrative and enforcement authority

§ 35. (1) In the case of complaints concerning the exercise of direct administrative authority and enforcement authority (Art. 130 (1) (2) B-VG), the party shall be entitled to compensation for its expenses by the subdued party.

(2) If the contested exercise of direct administrative and enforcement authority is declared unlawful, the appellant shall be the obsietive and the authority of the subdued party.

(3) If the appeal is rejected or dismissed, or is withdrawn by the complainant before the decision by the Administrative Court, then the Authority shall be the obsietive and the appellant of the submissive party.

(4) As expenses in accordance with paragraph 1 shall apply:

1.

the Commission's fees and the cash outlays for which the complainant has to pay,

2.

the driving costs associated with the exercise of his party's rights in negotiations before the Administrative Court, and

3.

the flat-rate amounts to be determined by the Federal Chancellor's regulation for the pleadings, the negotiation and the expenses.

(5) The amount of the pleadings and the bargaining costs shall be equal to the average cost of the representation or the submission of the pleadings by an attorney. A lump sum shall be fixed for the replacement of the costs incurred by the authorities, which shall be equal to the average presentation, submissions and negotiations of the authorities.

(6) § § 52 to 54 VwGG are to be applied to the right to an immigrant sentence in accordance with paragraph 1.

(7) The rate of immigrant movement shall be at the request of the party. The request may be made until the end of the oral proceedings.

3. Main piece

Special provisions

Section 1

Proceedings in cases in the affairs of the municipality's own sphere of action

§ 36. (1) In cases in the affairs of the municipality's own sphere of action, the provisions of this Federal Act concerning the Authority shall apply mutationally to the Appellate Authority.

(2) The authority within the meaning of section 8 (1) of the last sentence is both the authority which is the first authority to act as the supreme authority in the administrative proceedings, be it in the administrative instance train, be it in the way of a request for the transition of the decision-making duty, , as well as the authority in which the application submitted the previous administrative procedure was to be submitted.

Section 2

Procedures in administrative criminal matters

Deadline for the collection of sowing complaints

§ 37. The deadline for the collection of a sowing complaint does not include the following:

1.

the time during which the prosecution of an administrative surrender cannot be initiated or continued in accordance with a legal requirement;

2.

the time during which criminal proceedings are brought against the perpetrator in the prosecution or in a court of law.

Applicable law

§ 38. Unless otherwise specified in this Federal Act, the provisions of the 1991 Administrative Code Act (VStG, BGBl) shall apply to the proceedings relating to complaints pursuant to Art. 130 (1) B-VG in administrative criminal matters. No 52/1991, with the exception of 5. Section of the II. Part, and the Financial Criminal Law-FinStrG, BGBl. No 129/1958 and, moreover, apply the procedural provisions in federal or state laws which the Authority has applied or had applied in the procedure preceding the administrative court proceedings before the Administrative Court had.

Appeal Waiver

§ 39. The accused cannot issue an appeal waiver (Section 7 (2)) in an effective way during a tenure.

Procedural defence counsel

§ 40. (1) If a defendant is unable to bear the costs of the defence without prejudice to the maintenance required for him and persons whose maintenance he has to provide for a simple way of living, the Administrative Court shall, on the basis of: a request by the accused to decide that a defender should be attached to the latter, the costs of which shall not be borne by the accused, in so far as this is in the interests of the administration of justice, in particular in the interests of an appropriate defence; is required.

(2) The request for the forgiveness of a defender may be made in writing or orally. It shall, from the date of the date of the complaint, be submitted to the Administrative Court, pending the submission of the complaint to the Authority, from the submission of the complaint. If the application is brought before the Administrative Court within the time limit for appeal, it shall be deemed to have been filed in due time. The application shall specify the criminal case for which a defender is sought by a defender.

(3) The Authority shall submit the request for the condolences of a defender and the files of the proceedings to the Administrative Court without delay. If the Administrative Court has decided to give a defence, it shall notify the Committee of the Chamber of Lawyers responsible after the seat of the Administrative Court, in order to ensure that the Committee has a lawyer with a view to the defence of the defender. order. In doing so, the committee has, if possible, to comply with the wishes of the accused in order to select the person of the defender in agreement with the lawyer who has been named as a lawyer.

(4) If the accused has requested the condolence of a defendant within the time limit for appeal, the time of appeal shall begin for him at the time when the decision on the appointment of the lawyer to the defender and the defender shall be commended. shall be notified to that person. If the request submitted in good time is rejected on the basis of a defence, the notice of appeal shall begin to run on the delivery of the dismissive decision to the defendant.

(5) The appointment of a defender shall be issued with the intervention of an authorised representative.

(6) In private charges, paragraphs 1 to 5 shall apply with the proviso that the request may also be made for the condolences of a defender if the decision has not been taken within the decision-making period. It may at the earliest be placed at the same time as the imposition of an amoration complaint and, pending the submission of the complaint to the Authority, shall be submitted to the Administrative Court from the submission of the appeal.

(7) The resumption of proceedings shall not be allowed in procedural aid cases.

Suspensive effect

§ 41. The suspensive effect of the complaint cannot be ruled out.

Prohibition of the imposition of a higher penalty

§ 42. On the basis of a complaint made by the accused or on the basis of a complaint made in his favour, no higher penalty may be imposed in a knowledge or in a predecision to appeal than in the contested decision.

Statute of limitations

§ 43. (1) Where 15 months have elapsed since the appeal of the accused against a criminal knowledge of a criminal complaint lodged in due time and admissible in time, it shall cease to apply by law; the procedure shall be disbursed.

(2) The periods referred to in paragraph 1 shall not be included in the periods referred to in Article 34 (2) and (51).

Negotiation

§ 44. (1) The Administrative Court shall hold a public hearing.

(2) The hearing shall be waived if the request of the party or the appeal is to be rejected or, on the basis of the file situation, it is already established that the decision under appeal has to be annulled.

(3) The Administrative Court shall be able to depart from a hearing if:

1.

in the complaint, only an incorrect legal assessment is claimed, or

2.

the appeal is only directed against the amount of the penalty, or

3.

in the contested decision, a fine of EUR 500 was not imposed on the financial penalty, or

4.

the complaint is directed against a procedural decision

and no party has requested the conduct of a trial. The complainant has to request the conduct of a hearing in the complaint or in the application for a reference. The other parties shall be given the opportunity to submit a request for the conduct of a hearing. A request for the conduct of a hearing can only be withdrawn with the consent of the other parties.

(4) Unless otherwise determined by the federal or state law, the administrative court may, irrespective of a party's request, depart from a trial if it has to take a decision that allows the files to be recognized that the oral proceedings are No further clarification of the matter can be expected, and a decision of the trial is not expected of Article 6 (1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, BGBl. No 210/1958, and Article 47 of the Charter of Fundamental Rights of the European Union, OJ L 327, 31.12.1958, p. No. OJ C 83 of 30.03.2010 p. 389.

(5) The Administrative Court may refrain from carrying out proceedings (continuation) of a hearing if the parties expressly waive the proceedings. Such a renunciation can be explained up to the beginning of the (continued) negotiation.

(6) The parties are to be charged in good time for the negotiation that they are available for preparation from the delivery of the cargo for at least two weeks.

Conduct of the hearing

§ 45. (1) The trial shall begin with the call of the matter. Witnesses then have to leave the negotiating room.

(2) If a party has not appeared in spite of a proper summons, then this shall not prevent the conduct of the trial or the precipitation of the recognition.

(3) At the beginning of the trial, the subject matter of the trial is to be called and the previous course of the proceedings to be summed up. Next, the parties should be given the opportunity to express their views.

Taking of evidence

§ 46. (1) The Administrative Court shall contain the evidence necessary for the decision of the case.

(2) In addition to the chief negotiator, the parties and their representatives, in particular the accused, shall also be entitled, in proceedings before the Senate, to the other members to ask questions to any person who is being heard. The negotiator shall give them the floor. It may reject questions that do not serve to clarify the facts of the matter.

(3) The minutes of the hearing of the accused or of witnesses, as well as the expert opinions of the experts, may only be read out if:

1.

the acquired persons have died in the meantime, their stay is unknown or their personal appearance is not required because of their age, illness or disability, or because of distant stays or for other significant reasons. can be or

2.

the substantive points of the oral proceedings diverge from their previous statements; or

3.

Witnesses, without being entitled to do so, or accused of refusing to testify or

4.

all parties present agree.

(4) Other evidence, such as eyesight shots, photographs or documents, must be withheld from the accused person. It is an opportunity for him to comment on it.

Conclusion of the hearing

§ 47. (1) The procedure shall be concluded as far as possible in a negotiation. If the acceptance of the accused or the inclusion of further evidence proves to be necessary, then the trial is to be adjourned.

(2) If the case is mature, the taking of evidence shall be closed.

(3) At the end of the taking of evidence, the parties shall be given the opportunity to make their final versions. The accused is entitled to speak out as a last person. Inscriptions do not require the signature of the witnesses.

(4) The negotiation must be concluded in this respect. In the proceedings before the Senate, the Senate withdraws to the consultation and vote. The object of the recognition and its essential rationale shall, if possible, be immediately decided upon and announced.

The immediate effect of the procedure

§ 48. If a negotiation has been carried out, then in the case of the recognition of the recognition, only consideration must be given to what has happened in this negotiation. File pieces shall be taken into account only in so far as they have been read during the trial, unless the accused would have waived them, or in the case of evidence, the discussion of which is due to the waiver of a continued negotiation in accordance with § 44 (5).

Participants ' fees

§ 49. § 26 shall not apply to participants.

Findings

§ 50. If the complaint is not to be rejected or the proceedings are to be dismissed, the Administrative Court shall decide on complaints pursuant to Art. 130 (1) Z 1 B-VG in the case itself.

Decision making

§ 51. The period referred to in Article 34 (1) shall not be included in the following:

1.

the time during which the prosecution cannot be initiated or continued in accordance with a legal requirement;

2.

the time during which criminal proceedings are brought against the offender by the public prosecutor, in a court or at an administrative authority.

Cost

§ 52. (1) In any knowledge of the administrative court confirming a criminal record, it is to be said that the penitent has to contribute to the costs of the criminal proceedings.

(2) This contribution shall be calculated for the appeal proceedings with 20% of the penalty imposed, but at least 10 euros; in the case of custodial sentences, a day of imprisonment of 100 euros shall be set in order to calculate the costs. The contribution of the local authority to the costs of the administrative court is to be borne by the administrative court.

(3) If cash outlays are grown in the administrative court proceedings (Section 76 of the AVG), the compensation of such deposits shall be replaced if they are not caused by the fault of another person; the amount to be replaced shall be to be replaced by the if, in the knowledge, otherwise by specific decision, to be determined in a nutty way. This shall not apply to fees payable to the interpreter who has been attached to the accused person.

(4) The costs of an interpreter, in so far as it was necessary to assist in the meetings between the defender and the accused, shall be the cost of an interpreter, in accordance with § 40, by that legal entity in the latter's The administrative court has acted in the matter, in the amount of the provisions of the GebAG applicable to interpreters, to pay. The fee is to be filed with the Administrative Court, which has decided on the request for the condolences of a defender.

(5) From the collection of cost contributions (para. 1 and § 54d of the VStG) and the cash outlays shall be uncovered if it is to be presumed that it would be unsuccessful.

(6) § § 14 and 54b (1) and (1a) of the VStG are to be applied in accordance with the applicable law.

(7) Where a request from the criminal proceedings for the resumption of administrative criminal proceedings is not accepted, the foregoing provisions shall apply in respect of the obligation to bear the costs of the proceedings.

(8) The costs of the appeal procedure shall not be repaid to the appellant if the complaint has also been given only in part.

(9) Where an imposed penalty is annulled as a result of a complaint, the costs of the proceedings shall be borne by the Authority if they have already been paid.

(10) In such cases, private prosecutors shall be required to impose only the costs actually incurred as a result of their intervention.

Section 3

Proceedings concerning complaints concerning the illegality of the conduct of a public authority in the enforcement of the law

§ 53. Unless otherwise determined by federal or state law, the provisions on complaints against complaints concerning the illegality of the conduct of a public authority in the enforcement of the law pursuant to Art. 130 (2) (2) (B) (B) to apply the exercise of direct administrative and enforcement authority in accordance with the appropriate conditions.

Section 4

Presentation of the findings and decisions of the right-holder

§ 54. (1) The competent member of the administrative court may be brought up against the findings and decisions of the right-holder (§ 2).

(2) A separate presentation shall not be admissible against the procedural decisions of the right-party. They can only be challenged in the idea of the knowledge that has been brought to the judgment of the case.

(3) The time limit for the collection of the presentation shall be two weeks. § 7 (4) (1), (2) and (5) shall apply mutatily.

(4) Any knowledge and decision within the meaning of paragraph 1 shall include an indication of the possibility of collecting an idea with the relevant member of the administrative court. The Administrative Court shall draw attention to the time limits to be observed in the application of such an idea.

4. Main piece

Final provisions

References

§ 55. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version.

Linguistic equality

§ 56. In so far as the names used in this Federal Act refer to natural persons, the chosen form shall apply to both sexes. The use of these designations for certain natural persons shall be based on the gender-specific form.

Enforcement

§ 57. The Federal Government is responsible for the enforcement of this Federal Act, unless otherwise specified in the law.

entry into force

§ 58. (1) This federal law shall enter into force 1. Jänner 2014 in force.

(2) Existing provisions in federal or state laws which have already been made known at the time of the entry into force of this Federal Act shall remain unaffected.

Article 2

Federal law on the transition to two-stage administrative jurisdiction (Administrative jurisdiction-Transitional Act)

Scope

§ 1. This federal law regulates the transition to the two-stage administrative jurisdiction, with the exception of those matters which are part of the jurisdiction of the Federal Financial Court.

Independent administrative authorities, other independent administrative authorities, job creation authorities and other administrative authorities

§ 2. (1) Is the communication of an independent administrative council or of the Federal Procurement Office (hereinafter: independent administrative authorities), one in the annex to the Federal Constitutional Law-B-VG, BGBl. No 1/1930, the managing authority referred to above (hereinafter referred to as the other independent administrative authority) or a supervisory authority in proceedings pending before the expiry of 31 December in accordance with Article 119a (5) B-VG. In 2013, the date of delivery (hereinafter referred to as the "Appointing Authority"), the delivery of which has been initiated before the end of 31 December 2013, has not been served until the end of that day, the decision shall nevertheless apply to all parties, which have been sent to service than delivered.

(2) Is the communication of a management authority other than that referred to in paragraph 1, which is responsible, at the end of 31 December 2013, for the omission of that decision, which shall be 1. However, in the event that it is no longer responsible for the release of this event, the delivery of which has been initiated before the end of the 31 December 2013 period, and until the end of that day has not been served, the notification shall nevertheless apply: shall be deemed to have been delivered to all parties to whom service has been ordered.

(3) If the delivery of the course is determined by a time limit, this period shall begin to run at that point in time in which the decision is made in accordance with the provisions of the Delivery Law-ZustG, BGBl. No 200/1982, which would be deemed to have been delivered. The execution of the fog is inhibited until that time. If the case referred to in the first sentence does not enter into force until the end of June 30, 2014, the communication of the law will not enter into force.

(4) Where the decision of an independent administrative authority, any other independent administrative authority or an appointing authority has been announced orally before the end of 31 December 2013, notification of the commencement of the period of appeal shall be announced orally. however, in writing, the decision has not been initiated until the end of the day, so the communication will expire at the end of this day.

Administrative courts

§ 3. (1) If a decision against which an appeal is admissible has been issued before the end of 31 December 2013, the period of appeal shall continue to expire at the end of 31 December 2013 and shall not be subject to this decision until 31 December 2013. An appeal may be brought against him by the 1. Jänner up to the end of the 29. Jänner 2014 complaint pursuant to Article 130 (1) Z 1 B-VG will be filed with the Administrative Court. An appeal against such a decision up to the end of 31 December 2013 shall be deemed to have been lodged in good time pursuant to Art. 130 (1) (1) B-VG.

(2) However, in a multi-party procedure, a decision against which an appeal is admissible may, until 31 December 2013, be opposed to at least one party but not to all the parties to which it has to be adopted, , the parties to whom the decision is taken after the end of 31 December 2013 may lodge a complaint with the Administrative Court within a period of four weeks pursuant to Article 130 (1) (1) (b) of the Administrative Court. Appeals against such a decision up to the end of 31 December 2013 shall be deemed to have been raised in good time pursuant to Art. 130 (1) (1) (B)-VG (Article 130 (1)).

(3) Any communication approved after the end of 30 September 2013 shall have an indication of the legal consequences of paragraph 1 and/or of paragraph 2.

(4) In matters relating to the municipality's own sphere of action, in which there is a two-stage instance train after the end of 31 December 2013, paragraphs 1 to 3 shall apply to the appeal of the Appellate Authority, with the proviso that: apply that "vocation" within the meaning of (1) to (3) is the notion. However, if it is ordered by federal or state law that in the case in question the presentation in accordance with Art. 119a (5) B-VG does not take place in the version in force until the end of 31 December 2013 to the supervisory authority, the paragraph 1 shall be up to 3 with the proviso that a complaint can only be lodged with the Administrative Court after the exhaustion of a single instance of the instance.

(5) The exercise of direct administrative and enforcement authority and instructions in accordance with Art. 81a (4) B-VG shall apply mutagens in the meaning of paragraph 1 in accordance with the provisions of this provision.

1.

"vocation" means the appeal pursuant to Art. 129a (1) Z 2 B-VG in the version valid until 31 December 2013 in the case of the independent administrative Senate or the complaint referred to in Article 130 (1), second sentence, B-VG, in the version valid until 31 December 2013, and

2.

"Complaint pursuant to Article 130 (1) (1) B-VG in the administrative court", the appeal referred to in Article 130 (1) (2) and (2), respectively, Z 4 B-VG at the Administrative Court

is. The appeal pursuant to Art. 130 (1) Z 2 B-VG may be lodged by the end of the period of 12 February 2014, the appeal referred to in Article 130 (1) Z 4 B-VG until the end of the 29th. Jänner 2014.

(6) The administrative courts shall decide from 1. Jänner 2014 on the resumption of and the re-establishment of rights in proceedings which have either been transferred to the administrative courts at that time pursuant to Art. 151 (51) (8) B-VG, or, if they were still in force at that time, pending, would pass. § § 32 and 33 of the Administrative Court Procedure Law-VwGVG, BGBl. I No 33/2013, should be applied mutatily.

(7) With the expiry of 31 December 2013, proceedings pending before the independent administrative authorities may be continued by the administrative courts if the case at that time

1.

belongs to the competence of a senate of the independent administrative authority, then belongs to the competence of the senate or the individual judge of an administrative court, and all members of this senate or the individual judge has been a member of the Senate of the independent managing authority, or has;

2.

the responsibility of a single member of the independent administrative authority, the responsibility of the individual judge of an administrative court, and the same organ walter.

(8) proceedings pending before 31 December 2013 in the case of the Asylum Court may be continued by the Federal Administrative Court if the case at that time

1.

belongs to the jurisdiction of a senate of the Asylum Court, then belongs to the jurisdiction of the Senate or the individual judge of the Federal Administrative Court and all members of this Senate or the individual judge has been a member of the Senate of the Asylum Court, or has;

2.

belongs to the jurisdiction of a single member of the Asylum Court, then belongs to the jurisdiction of the individual judge of the Federal Administrative Court and it is the same organ walter.

Administrative Court

§ 4. (1) Is a communication against which a complaint pursuant to Art. 130 (1) (1) (lit). a B-VG in the version valid until the end of 31 December 2013 is admissible in the Administrative Court, has been issued before the end of 31 December 2013, the notice of appeal is still pending at the end of 31 December 2013 and has been brought against this decision did not complain to the Administrative Court by the end of 31 December 2013, it may be against him of the 1. Jänner shall be levied at the Administrative Court until the end of 12 February 2014, in the appropriate application of Art. 133 (1) (1) B-VG revision. If a complaint has been lodged with the Administrative Court against such a decision before the end of the 31 December 2013, and if the appeal period expires at the end of 31 December 2013, the appeal shall be deemed to have been reviewed in good time pursuant to Art. 133 1 (1) B-VG.

(2) (1) applies in the cases of § 2 (1) with the proviso that the revision can be levied within six weeks from the date specified in § 2 para. 2.

(3) However, in a multi-party procedure, a decision against which a complaint is admissible in the case of the Administrative Court shall, until 31 December 2013, be opposed to at least one party but not to all the parties to which: , it may be adopted by the parties to whom the decision is taken after the end of 31 December 2013, within six weeks of the application of Article 133 (1) (1) (B) of the VG revision in accordance with Article 133 (1) (1) of the EC Treaty. Administrative Court shall be brought. Complaints raised against such a decision up to the end of 31 December 2013 shall be deemed to have been received in good time pursuant to Art. 133 (1) (1) (B) VG.

(4) Any communication approved after 30 September 2013 shall contain a reference to the legal sequence of paragraphs 1 to 3.

(5) The revision in accordance with paragraphs 1 to 3 shall be submitted directly to the Verwaltungsgerichtshof. The revision against the decision of an independent administrative authority or an authority pursuant to Art. 20 para. 2 Z 2 or 3 B-VG in the version in force until 31 December 2013 is inadmissible if the conditions of Art. 133 (4) B-VG is not available. Such a revision shall contain separately the reasons why the conditions of Art. 133 (4) B-VG are met. Whether such a revision is admissible pursuant to Art. 133 (4) B-VG is to be assessed by the Administrative Court. The provisions of the Administrative Court Act 1985-VwGG, BGBl are applicable for the treatment of the revision. No 10/1985, in the version valid until 31 December 2013, with the proviso that, instead of the rejection of the appeal pursuant to Section 33a VwGG, the revision in force until the end of 31 December 2013 shall be deemed to be inadmissible. can be rejected. The conditions laid down in Article 133 (4) of the B-VG shall not apply to revisions to the proceedings of other administrative authorities other than those referred to in the second sentence.

(6) A review by the Administrative Court is not against a decision of the Asylum Court, which will be issued to the parties only after the expiry of the 31 December 2013, but whose delivery has been initiated before the end of this day. allowed.

Proceedings before the Administrative Court on complaints concerning breach of decision-making obligations

§ 5. (1) The proceedings pending before the Administrative Court on expiry of 31 December 2013 concerning complaints concerning the breach of the decision-making obligation by an independent administrative authority shall be deemed to be a procedural motion for a request for a request for a deadline.

(2) The Administrative Court has received the complaints in other proceedings pending before it at the end of 31 December 2013 concerning complaints concerning the breach of the decision-making obligation to the competent administrative court, following the file of the Procedures to be taken. The decision-making period for the administrative court shall begin to run anew with the filing of files before the Administrative Court.

(3) In the event of the assignment in accordance with paragraph 2, an already paid input fee shall be reimbursed.

Constitutional Court

§ 6. (1) If a decision against which a complaint pursuant to Art. 144 (1) B-VG is admissible in the version valid up to the end of 31 December 2013 in the Constitutional Court, has been issued before the end of 31 December 2013, the notice of appeal shall expire. with the end of 31 December 2013 and has not been brought against this communication before the end of the 31 December 2013 complaint to the Constitutional Court, it may be against him of the 1. Jänner shall be brought before the Constitutional Court by the end of the 12 February 2014 complaint pursuant to Art. 144 (1) B-VG. If a complaint has been lodged with the Constitutional Court against such a decision before the end of the 31 December 2013, and if the appeal period expires at the end of 31 December 2013, the appeal shall be deemed to have been lodged in good time pursuant to Art. 144. 1 B-VG.

(2) (1) applies in the cases of § 2 para. 1 with the proviso that the appeal may be filed within six weeks from the date mentioned in § 2 paragraph 2.

(3) However, in a multi-party procedure, a decision against which a complaint is admissible in the case of the Constitutional Court is, until 31 December 2013, against at least one party, but not against all parties to which the appeal is made. had been adopted in respect of which it was adopted, the parties to whom the decision was taken after the end of 31 December 2013 may complain to the Constitutional Court within a period of six weeks pursuant to Art. 144 (1) (B) VG . Complaints raised against such a decision up to the end of 31 December 2013 shall be deemed to have been raised in good time in accordance with Art. 144 (1) B-VG.

(4) The assignment of a complaint to the Administrative Court is inadmissible if it is a case which, in accordance with the legal situation in force until the end of 31 December 2013, is excluded from the jurisdiction of the Administrative Court is.

(5) Any communication approved after 30 September 2013 shall contain a reference to the legal sequence of paragraphs 1 to 3.

Complaints against decisions of the Asylum Court

§ 7. (1) If a decision of the Asylum Court against which a complaint pursuant to Art. 144a (1) B-VG is admissible in the version valid until the end of 31 December 2013 in the Constitutional Court, is adopted before the end of 31 December 2013 , the appeal period expires at the end of 31 December 2013 and has not been brought before the Constitutional Court by 31 December 2013 before the end of the 31 December 2013, and may be subject to the appeal of the Court of Appeal 1. Jänner shall be brought before the Constitutional Court by the end of the 12 February 2014 complaint pursuant to Art. 144 (1) B-VG. A complaint against such a decision up to the end of 31 December 2013 shall be deemed to have been lodged in good time pursuant to Art. 144 (1) B-VG.

(2) However, if a decision of the Asylum Court, against which a complaint is admissible in the Constitutional Court, by the end of 31 December 2013, it is against at least one party, but not against all parties to which , it may be brought before the Constitutional Court by the parties to whom this decision is to be adopted after the end of 31 December 2013, within a period of six weeks, pursuant to Article 144 (1) B-VG. Complaints raised against such a decision by the end of the 31 December 2013 period shall be deemed to have been raised in good time pursuant to Art. 144 (1) B-VG.

Complaints submitted by the Constitutional Court to the Administrative Court for decision

§ 8. If the Constitutional Court has lodged a complaint pursuant to Art. 144 (1) B-VG in the version valid until 31 December 2013 until the end of 31 December 2013, a complaint pursuant to Art. 144 (3) B-VG has been lodged in the version up to the end of 31 December 2013. As amended by the Administrative Court, the Administrative Court has, in such a procedure, the provisions of the B-VG in the version valid until 31 December 2013 and the VwGG in the version up to the end of the Continue to apply as of 31 December 2013.

The competent authority or RevisionsOwner

§ 9. (1) In accordance with § § 3 to 8, Art. 151 (51) Z 7 and 9 B-VG is to be applied in accordance with the applicable law.

(2) Anyone who has been subject to the proceedings in accordance with Articles 3 to 8 and Article 151 (51) (7) and (9) B-VG shall be subject to the following: In accordance with the relevant provisions of the VwGVG, the VwGG and the Constitutional Court Act 1953-VfGG, BGBl, is an opponent of the revision of the law. No 85/1953.

References

§ 10. Unless expressly stated otherwise, references in this Federal Act to the provisions of the B-VG as references to these provisions shall apply in the case of 1. Jänner 2014 version.

entry into force

§ 11. (1) This federal law shall enter into force at the end of the month of its manifestation.

(2) Existing provisions in federal laws which have already been made known at the time of the entry into force of this Federal Act shall remain unaffected.

Article 3

Amendment of the Administrative Court Act 1985

The Verwaltungsgerichtshofgesetz 1985-VwGG, BGBl. No 10/1985, as last amended by the Administrative Court Novel 2012, BGBl. I No 51/2012, shall be amended as follows:

1. In § 2 and § 11 (3) the word "Rest" by the word "other" replaced.

2. In § 3 (1) the expression " 4 " by the expression " 5 " , the second sentence reads:

"The period of retirement remains creditable for the advance into higher remuneration and for the dimensioning of the retirement pension."

3. In Section 3 (2), the word order shall be "In the rest" through the phrase "incidentally" replaced.

4. § 9 (3) deleted.

5. In § 10 paragraph 2 Z 1 the expression " 2 " by the expression " 4 " replaced.

6. Section 11 (2) is deleted.

7. In Section 11 (3), the word order shall be "in advance" through the phrase "in advance" replaced.

8. In § 11, paragraphs 3 to 5 receive the sales designations "(2)" to "(4)" .

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

10. In § 12 para. 1 introduction the word order shall be "the most senior of the other members" through the phrase "a member to be determined in the distribution of the business" replaced.

11. In § 12 paragraph 1 Z 1 lit. a becomes the phrase "Complaints and by" through the phrase "Revisions and" replaced.

12. § 12 (1) Z 1 lit. c is:

" (c)

on the application of the deadline for application of the deadline;

13. In § 12 para. 1 Z 2 the word "Complaints" by the word "Revisions" replaced.

Article 12 (2) is deleted; paragraphs 3 and 4 of this paragraph shall be awarded the sales names "(2)" and "(3)" .

15. In Section 12 (3), the word "Complaint" by the word "Revision" replaced.

16. In § 13 (1) the expression " 3 " by the expression " 2 " replaced.

17. § 14 para. 2 reads:

" (2) procedural arrangements in the preliminary proceedings, procedural arrangements which serve only for the preparation of the decision, as well as procedural arrangements and decisions relating to the granting of the suspenseful effect and the Procedural aid (§ 61) meets the report without a senate decision. "

18. In § 15, the paragraph 3, which was added by the Administrative Court Novelle 2012, receives the sales designation "(4)" .

19. § 15 (4) last sentence is deleted.

20. In § 15 (4), after the title of Literis "b" the expression " , c " inserted.

21. In the heading to 1. Subsection of the II. Section eliminates the word sequence "about complaints" .

22. § 21 (1) reads:

" (1) Parties in the proceedings of a review against the knowledge or decision of an administrative court for unlawfulness pursuant to Art. 133 (1) (1) (1) or (1) (1), respectively. Section 9 B-VG (revision)

1.

the auditor;

2.

the competent authority of the proceedings before the Administrative Court, if its recognition or decision is not subject to review by it itself;

3.

in the cases of § 22, second sentence, also the competent Federal Minister or the Land Government;

4.

persons who are affected by the annulment of the contested recognition or decision or by a decision in the case itself in their legal interests (co-participants). "

23. In § 21 (2), the word "Complaint" by the word "Revision" replaced.

Section 21 is added to the following paragraph 3:

"(3) Party in the proceedings of a request for a deadline for breach of the decision obligation by an administrative court in accordance with Art. 133 (1) (2) B-VG (application of the deadline for application of the deadline) is the applicant."

25. § 22 reads:

" § 22. If the revision is levied by a state institution or if another authority is party within the meaning of Article 21 (1) (2), then in a case in the affairs of the Federal Administration the relevant Federal Minister and in the affairs of the State administration the state government in place of this institution or shall enter the procedure at any time. This shall not apply if:

1.

an institution of the self-governing body, or any other self-governing body, in a matter of the municipality's own sphere of action, or

2.

an institution-free institution

Party within the meaning of section 21 (1) (2). "

26. In § 23 (1) the word "thing" by the word "Case" replaced.

27. § 24 (3) Z 2 reads:

" 2.

The fee is 240 Euro. The Federal Chancellor and the Federal Minister of Finance are authorized to redefine the input fee by regulation as soon as and as far as the consumer price index 2010 or a consumer price index announced by the Federal Institute for Statistics Austria (Bundesanstalt "Statistik Österreich") is to be redefined. changed its position by more than 10% in comparison with that for January 2013 and subsequently changed it by more than 10% compared with the number of index used for the last fixing. The new amount shall be calculated from the amount referred to in the first sentence in the ratio of the change in the number of index figures for January 2013 to the index number applicable to the redetermination, but on a total of 10 euro in commercial terms; or round. "

28. § 24 shall be replaced by the following § § 24 and 24a:

" § 24. (1) Unless otherwise specified in this Federal Act, the pleadings shall be brought before the Administrative Court. In particular, the Court of Administrative Court shall be directly involved in:

1.

Records in the revision procedure from the submission of the revision to the Administrative Court;

2.

Requests for authorisation of procedural assistance for the drafting and application of a review against a recognition or a decision of the Administrative Court, in which it has stated that the revision is not admissible pursuant to Art. 133 (4) B-VG.

(2) The revisions, requests for letters of application and requests for re-establishment of the proceedings and for re-establishment of rights shall be drawn up and submitted by an authorized attorney (tax adviser or auditor) (Lawyer's flight). This shall not apply to:

1.

Revisions and requests made by the Federation, by a country, by a city with its own Statute or by a foundation, fund or institution managed by bodies of those territorial authorities or by persons (partnerships), which they are appointed by the institutions of these local authorities, or be brought by their authorities or bodies;

2.

Revisions and applications in the field of duty matters by the civil servants of the Federal Government, of a country, of a municipality or of a municipal association, who are members of the service or retirement.

(3) There shall be so many equivalent copies of each document, together with supplements, that any party or authority to be notified by the Administrative Court or the Administrative Court shall be sent a copy and, moreover, one shall be the records of the Administrative Court can be withheld. If the supplements are very extensive, the addition of copies can be maintained. Contributions pursuant to § 28 (4) and (5) are to be provided only in a simple manner. No signatures need to be signed.

(4) A simple insertion is sufficient for pleadings which are introduced electronically. To the extent that several copies of written pleadings are required, the Administrative Court has the right to produce the corresponding printouts. In cases where copies of written pleadings in electronic legal transactions are required with exceptional scope or in exceptional numbers, the party's report shall be entitled to a reasonable time limit. Application of the finished products.

§ 24a. An input fee shall be paid for revisions, requests for applications and requests for re-establishment of the procedure and for re-establishment of rights, including supplements, in accordance with the following provisions:

1.

The fee is 240 Euro. The Federal Chancellor and the Federal Minister of Finance are authorized to redefine the input fee by regulation as soon as and as far as the consumer price index 2010 or a consumer price index announced by the Federal Institute for Statistics Austria (Bundesanstalt "Statistik Österreich") is to be redefined. changed its position by more than 10% in comparison with that for January 2013 and subsequently changed it by more than 10% compared with the number of index used for the last fixing. The new amount shall be calculated from the amount referred to in the first sentence in the ratio of the change in the number of index figures for January 2013 to the index number applicable to the redetermination, but on a total of 10 euro in commercial terms; or round.

2.

Local authorities are exempt from payment of the fee.

3.

The fee debt shall be incurred at the time of the submission of the input or, if the entry is made in the course of electronic legal transactions, with the date of the submission to the Administrative Court in accordance with Section 75 (1). The fee will be charged at this time.

4.

The fee shall be paid by reference to a corresponding account of the financial office for charges, traffic taxes and gambling, stating the purpose of the transfer. Payment of the fee is to be proved by a payment document issued by a post office or by a credit institution. This receipt is to be connected to the input. The entry point of the Administrative Court or the Administrative Court shall, on request, postpone the document to the Revisionswerber (applicant) on request, before making a clear indication of it and on the remaining document remaining in the Act To confirm the entry, confirm that the payment has been made by submitting the payment document. For each input, the template of a separate document is required. Lawyers (tax advisers or accountants) can also prove the payment of the fee by a written proof of the transfer order to be forwarded at the latest at the latest with the entry, if they are to be paid on the basis of the date and Signature confirm that the transfer order will be issued at an irrevocable basis.

5.

If an entry is made in the course of electronic legal transactions, the fee shall be paid by debit and confiscation. In the entry, the account from which the fee is to be collected or the written code (§ 73), under which an account is stored, from which the fee is to be collected, must be stated. The President, after consulting the General Assembly, has, by means of a regulation, on the principles of simple and economical administration and a safeguard against abuse, the procedure for the debiting and collection of the fee in the way automation-assisted data processing and, in accordance with the technical and organisational conditions, the date on which the fee can be paid by debit and confiscation.

6.

For the collection of the fee (Z 4 and 5), the tax office is responsible for fees, traffic taxes and gambling.

7.

Incidentally, the fee is subject to the provisions of the Fees Act 1957, BGBl. No 267/1957, shall apply, by way of submissions, with the exception of § § 11 (1) and (14). "

29. § 25 reads:

" § 25. (1) The parties may consult the Administrative Court in the files relating to their cases and may make copies of their own files or file components on the spot, or make copies or printouts at their expense. . In so far as the administrative court electronically carries out the files relating to the case, the party may, on request, be granted access to the file in any technically possible form. Draft findings and decisions of the Administrative Court and the minutes of its deliberations and votes shall be excluded from the inspection of the file.

(2) In so far as they have not already done so on presentation of files to the Administrative Court, the authorities may, on the occasion of the submission of files by the Administrative Court, request the Administrative Court to ensure that certain files or documents are submitted to the Administrative Court. File components in the public interest shall be excluded from the inspection of files. If the report considers the request to be too large, it shall have the authority to hear its concerns and, if necessary, to seek a decision by the Senate. However, access to the file may not be granted in the case of file components which were excluded from the inspection of the file in the administrative procedure. The Authority shall refer to the relevant file components on the occasion of the submission of the files. "

30. In accordance with § 25, the following § 25a and title shall be inserted:

" Revision

§ 25a. (1) The Administrative Court shall, in the event of its recognition or decision, state whether the revision is admissible pursuant to Article 133 (4) B-VG. The statement shall be briefly explained.

(2) A revision shall not be admissible against:

1.

Decisions pursuant to Article 30a (1), (3), (8) and (9)

2.

Decisions pursuant to Section 30b (3);

3.

Decisions pursuant to Section 61 (2).

(3) A separate revision shall not be admissible against decisions which are conducting the proceedings. They can only be challenged in the review against the knowledge that has been brought to the judgment of the case.

(4) Where an administrative offence or a financial offence is

1.

a fine of up to 750 euros and no custodial sentence could be imposed; and

2.

has been fined up to 400 euros,

is a revision due to violation in rights (Art. 133 (6) Z 1 B-VG) not allowed.

(5) The revision shall be brought before the Administrative Court. "

31. § 26 together with headline reads:

" Revision period

§ 26. (1) The time limit for the collection of a review against the recognition of an administrative court (revision period) shall be six weeks. It begins

1.

in the cases referred to in Article 133 (6) (1) B-VG, where the recognition has been delivered to the auditor, with the date of service, if the recognition has been promulgated to the auditor only orally, but with the day of delivery;

2.

in the cases referred to in Article 133 (6) (2) (B) of the B-VG, where the recognition of the competent authority of the proceedings has been served before the Administrative Court, with the date of service;

3.

in the cases referred to in Article 133 (6) (3) B-VG, if the knowledge has been delivered to the competent Federal Minister, with the date of service, otherwise with the date in which he became aware of the knowledge;

4.

in the cases referred to in Article 133 (6) (4) B-VG, where the recognition has been served by the school authority, with the date of service, otherwise with the date on which it became aware of the knowledge;

5.

in the cases referred to in Article 133 (8) B-VG, if the recognition has been served to the institution empowered by the Federal or State Law to collect the revision, with the date of service, otherwise with the date when it is of the knowledge Knowledge gained.

(2) If the recognition has already been delivered or announced to another party, the revision may already be levied as from the date in which the auditor has become aware of the knowledge.

(3) If within the period of revision the party has requested the authorization of the procedural aid (§ 61), the revision period begins with the delivery of the decision on the appointment of the lawyer to the same. If the application for authorisation of the procedural aid is rejected in good time, the period of revision shall begin with the notification of the repellable decision to the Party.

(4) If the Constitutional Court has filed a complaint pursuant to Art. 144 (3) B-VG to the Administrative Court, the revision period shall begin with the notification of the recognition or decision of the Constitutional Court or, if the request is made to Assignment of the appeal only after its notification has been made, with the notification of the decision in accordance with § 87 para. 3 VfGG.

(5) The decisions of the Administrative Courts shall apply mutatily to the provisions of this paragraph which apply to their findings. "

32. § 27 deleted.

33. § 28 together with the headline is:

" Content of the revision

§ 28. (1) The revision shall contain

1.

the name of the contested recognition or the contested decision;

2.

the name of the administrative court, which is the recognition or has adopted the decision,

3.

the facts,

4.

the designation of the rights in which the auditor claims to be injured (revisionpoints),

5.

the grounds on which the allegation of illegality is based,

6.

a certain desire,

7.

the information required to assess whether the revision has been submitted in good time.

(2) In the case of revisions to findings which are not levied on grounds of infringement, and in the case of revisions to findings on instructions pursuant to Art. 81a (4) B-VG, the review points shall be replaced by the declaration on the scope of the Challenge.

(3) If the Administrative Court has held that the revision is not admissible pursuant to Art. 133 (4) B-VG, the revision shall also contain the reasons for the revision, contrary to the decision of the Administrative Court. may be considered admissible (extraordinary revision).

(4) The revision shall be made up of a copy, copy or copy of the contested recognition if it has been delivered to the auditor.

(5) The decisions of the Administrative Courts shall apply mutatily to the provisions of this paragraph which apply to their findings. "

34. § 29 reads:

" § 29. Is Party within the meaning of section 21 (1) (2) in a case in the affairs of the Federal Administration, not the competent Federal Minister or in the affairs of the State Administration the Land Government, except for the other necessary copies of the Revision including supplements for the Federal Minister, respectively. to join the state government. "

35. § 30 reads:

" § 30. (1) The revision does not have suspensive effect. The same applies to the application for re-establishment of rights in the previous stand for failure to meet the revision period.

(2) Until the submission of the revision, the Administrative Court shall, upon presentation of the revision, grant the Administrative Court, at the request of the auditor, the suspensive effect with a decision, if the non-compelling public In the interests of the interests of the public and after consideration of the public interests and interests of other parties concerned, with the execution of the contested recognition or with the exercise of the authority granted by the contested recognition for the Revision advertiser would be associated with a disproportionate disadvantage. The award of the suspenseable effect shall only be justified if it is affected by the interests of other parties. If the conditions governing the decision on the suspensive effect of the revision have substantially changed, a new decision shall be taken at the request of one of the parties.

(3) The Administrative Court may, on presentation of the revision, cancel or amend decisions pursuant to paragraph 2 of its own motion on the grounds of or at the request of one of the parties, if it assesses the conditions for granting the suspending effect in a different way or if it is the conditions which were decisive for the decision on the suspensive effect of the revision have substantially changed.

(4) Decisions pursuant to paragraphs 2 and 3 shall be notified to the parties. Where the suspensive effect is granted, the enforcement of the contested recognition shall be postponed and the necessary arrangements shall be made; the holder of the authorisation granted by the contested recognition shall not be entitled to: exercise.

(5) The decisions of the Administrative Courts shall apply mutatily to the provisions of this paragraph which apply to their findings. "

36. The following § § 30a and 30b together with headings are inserted:

" Pre-decision by the Administrative Court

§ 30a. (1) revisions which are not suitable for treatment due to the failure of the period of introduction or the lack of competence of the Administrative Court, or the use of the decisive cause or the lack of entitlement to their survey. , shall be rejected without further proceedings.

(2) Revisions to which none of the circumstances referred to in paragraph 1 precludes, but in which the provisions relating to the form and the content (§ § 23, 24, 28, 29) have not been complied with, are to remedy the deficiencies by setting a short deadline the failure to comply with this deadline shall be deemed to be withdrawn. The auditor is free to submit a new document, which takes full account of the contract for the payment of the defect, and resubmit the unimproved revision which has been resubmitted.

(3) The Administrative Court shall, without delay, decide on the application for the granting of the suspending effect by decision.

(4) The Administrative Court shall submit to the other parties the copies of the revision, together with the supplements, with the request to submit a review reply within a period to be determined with a maximum of eight weeks.

(5) In the case of § 29, the Administrative Court has also issued a copy of the revision, together with the supplements, to the competent Federal Minister, respectively. of the State Government, by means of the communication, that it or you are free to submit an audit response within a period to be determined for a maximum of eight weeks.

(6) After the expiry of the time-limits set out in paragraphs 4 and 5, the Administrative Court shall deliver to the other parties the copies of the auditors ' replies, together with the supplements, and the Administrative Court, the revision and the resignation orders. together with the supplements and the files of the procedure.

(7) If the Administrative Court has stated in its knowledge or decision that the revision is not admissible pursuant to Art. 133 (4) B-VG, the provisions of paragraphs 1 to 6 shall not apply. The Administrative Court has the other parties and, in the case of Section 29, the competent Federal Minister, respectively. To submit a copy of the extraordinary revision, together with supplements, to the State Government and to submit the extraordinary revision together with the supplements, together with the files of the proceedings, to the Administrative Court.

(8) The application of paragraphs 1 and 2 shall apply mutafictily to requests for a request for a deadline. The Administrative Court shall submit the request for a request to the Administrative Court to the Administrative Court, following the file of the proceedings.

(9) The application of paragraphs 1 and 2 shall apply mutaly to requests for the resumption of proceedings and for re-establishment of rights to be made.

(10) If the Administrative Court has not, or has not completed, procedural steps pursuant to paragraphs 2 and 4 to 7, the Administrative Court may, following the files of the proceedings with the Administrative Court, the Administrative Court, together with the supplements. To recover the order, to obtain these procedural steps within a short period of time to be set. The Administrative Court may also carry out these procedural steps even if it is in the interests of expediency, simplicity, simplicity and cost savings.

Proposal for a proposal

§ 30b. (1) As far as the administrative court is responsible for the revision or If the request for a request for an application is rejected as inadmissible, any party may, within two weeks of notification of the decision, submit the request to the Administrative Court that the revision or the request for a request for a resolution is submitted to the Verwaltungsgerichtshof (Administrative Court) for a decision (application for a reference).

(2) The Administrative Court shall submit the application and the revision to the Administrative Court. to submit the request for a request for a request for a resolution, following the file of the proceedings.

(3) The Administrative Court shall reject the request for delay and undue requests for proposals. "

37. In § 31 (1) (1) (1) the word "Things" by the word "Cases" replaced.

38. In § 31 (1), the numbers Z 3 to 5 are given the number of digits "2." to "4." .

39. In § 31 paragraph 1 Z 3 (Z 2 new) the word "Things" by the word "Cases" replaced.

40. In § 31 paragraph 1 Z 4 (Z 3 new) the word order "in the" through the phrase "in a" and the word "previous" by the word "Previous" replaced.

41. In § 31 (2), the expression " 4 " by the expression " 3 " replaced.

42. In § 31 (2), the expression "Z 5" by the expression "Z 4" replaced.

43. The title before § 33 reads:

"Setting"

44. In § 33 (1), the word "complainants" by the word "Revisionswerber" , the phrase "after the latter has received the complaint" through the phrase "the revision after hearing of the revision advertiser" and the word "Complaint" by the word "Revision" replaced.

45. In § 33 (2), the word "Complaint" in each case by the word "Revision" and the word "complainants" by the word "Revisionswerber" replaced.

46. § 33a together with the title shall be deleted.

47. § 34 (1) is replaced by the following paragraphs 1 and 1a:

" (1) revisions which are not suitable for treatment due to a failure of the period of introduction, lack of jurisdiction of the administrative court or non-existence of the conditions laid down in Article 133 (4) B-VG, or to those which are the objection of the decisive cause or the lack of entitlement to their survey, shall be rejected by decision without further proceedings in a non-public meeting.

(1a) In assessing the admissibility of the revision in accordance with Art. 133 (4) B-VG, the Administrative Court shall not be bound by the appeal of the Administrative Court in accordance with Section 25a (1). The admissibility of an extraordinary revision pursuant to Art. 133 (4) B-VG has to be reviewed by the Administrative Court in the context of the reasons therefor (Section 28 (3)). "

48. In § 34 (2), the word "Complaints" by the word "Revisions" , the word "complainants" by the word "Revisionswerber" and the word "Complaint" by the word "Revision" replaced.

49. In § 34, para. 4, the expression " 1 to 3 " by the expression " 1, 2 and 3 " replaced.

50. § 35 together with the headline is:

" Dismissal and cancellation in a non-public sitting

§ 35. (1) Revisions, the contents of which indicate that the violations claimed by the audit advertiser are not available, shall be dismissed as unfounded without further proceedings in a non-public session.

(2) The contested decision or the contested decision shall be repealed without further proceedings in a non-public sitting, if:

1.

not to be involved in the proceedings,

2.

it is already apparent from the knowledge or decision that one of the violations alleged in the revision is in place, and

3.

within the meaning of Section 21 (1) (2), the Party has failed to present anything in a response to a review or within a reasonable period of time to be set, which is likely to be deemed not to have been the existence of such a violation. "

51. § § 36 and 37 shall be replaced by the following § § 36 to 37a and heading:

" Pre-Procedure

§ 36. (1) In those cases where an extraordinary revision proves to be appropriate for further treatment, the Administrative Court shall require the other parties to have a period to be determined within a period not exceeding eight weeks. To contribute to the revision of the system.

(2) In the case of § 29, the Administrative Court has also issued a copy of the extraordinary revision, together with the supplements, to the competent Federal Minister, respectively. of the State Government, by means of the communication, that it or you are free to submit an audit response within a period to be determined for a maximum of eight weeks.

(3) After the expiry of the time limits set out in paragraphs 1 and 2, the Administrative Court shall deliver to the other parties the copies of the resignation orders which have been landed, together with the supplements.

§ 37. The Administrative Court may invite the parties to submit further pleadings within a reasonable period of time or to comment on the pleadings of the other parties. The parties may also contribute such pleadings unsolicly.

§ 37a. The proceedings shall continue to be carried out even if the statements of revision or the pleadings referred to in § 37 have not been submitted. "

52. § 38 shall be replaced by the following § 38 together with the heading:

" Deadline for application

§ 38. (1) A request for a deadline may not be made unless the administrative court has ruled within six months, but if a shorter or longer period is determined by the federal or state law, it has not decided within the latter.

(2) The period shall not be included in the time limit:

1.

the time during which the proceedings are suspended until a final decision has been taken;

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 criminal matters and financial offences

a)

the time during which the prosecution cannot be initiated or continued in accordance with a legal requirement;

b)

the time during which criminal proceedings are brought against the offender by the public prosecutor's office, the court or the authority of the public.

(3) The request for a deadline shall be included in the following:

1.

the name of the administrative court whose decision is sought in the case,

2.

the facts,

3.

the desire to set a time limit for the administrative court for the decision,

4.

the information required to make it credible that the application period referred to in paragraph 1 has expired.

(4) § § 33 (1) and (34) (1), (2) and (3) shall apply mutafictily to the request for a request for a deadline. In all other cases, the Administrative Court shall be required to adopt, within a period of up to three months, the recognition or decision and to submit a copy, copy or copy thereof to the Administrative Court, or indicate why a breach of decision-making is not available. The time limit may be extended once the Administrative Court is able to prove the existence of reasons in the case which make it impossible to issue the recognition or decision in time. If the recognition or decision is adopted, the procedure for the application of the deadline shall be adjusted. "

53. In Section 38a (1), introduction, the word shall be: "Complaints" in each case by the word "Revisions" replaces and eliminates the word sequence "against fire in accordance with Art. 131 (1) (1) (1) B-VG" .

54. In Section 38a (1) (3), the word shall be: "Complaints" by the word "Revisions" replaced.

55. § 38a (3) Z 1 reads:

" 1.

in cases where an administrative court has to apply the legislation referred to in the decision and to assess a point of law referred to in that decision:

a)

Only such acts may be carried out or arrangements and decisions taken which cannot be influenced by the knowledge of the Administrative Court or which do not conclude the question in conclusion and not a postponing .

b)

The revision period does not begin to run; an ongoing revision period is interrupted.

c)

The time limit for the lodging of a deadline for a deadline as well as decision deadlines provided for in the federal or state laws will be hammered. "

56. In Section 38a (3) (2) and (38b) (1), the word order shall be "Decisions and dispositions" through the phrase "orders and decisions" replaced.

57. In Section 38a (4), the word shall be: "Complaint period" by the word "Revision period" replaced.

58. In § 39 (1), introduction, the word shall be: "Complaint" by the word "Revision" replaced.

59. In § 39 paragraph 1 Z 1 reads:

" 1.

the revision advertiser has requested the execution of the hearing within the period of revision or another party within the time limit for repayment of the Revisional's responsibility. Such a request may be withdrawn only with the consent of the other parties; "

Section 39 (2) reads as follows:

" (2) The Administrative Court may, irrespective of a party's request pursuant to Section 1 (1) (1), disregard a hearing if:

1.

to discontinue the proceedings (§ 33) or to reject the revision (§ 34);

2.

the decision under appeal or the contested decision must be repealed as a result of the lack of jurisdiction of the administrative court (Section 42 (2) (2) (2));

3.

that the contested recognition or the contested decision should be repealed as a result of an infringement of procedural rules (Article 42 (2) (3));

4.

the decision under appeal or the contested decision must be repealed in accordance with the settled case-law of the Administrative Court for the illegality of its content;

5.

no other party has introduced a response to the revision and the contested decision or the contested decision is to be repealed;

6.

the pleadings of the parties and the files of the proceedings before the Administrative Court show that the oral discussion does not provide for further clarification of the case and that a decision on the case of a trial is not in accordance with Article 6 (1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, BGBl. No 210/1958, and Article 47 of the Charter of Fundamental Rights of the European Union, OJ L 327, 31.12.1958, p. No. OJ C 83 of 30.03.2010 p. 389. '

61. § 40 (4) is replaced by the following paragraphs 4 to 4c:

" (4) The trial is public. The public may only be excluded from the negotiation as far as this is for reasons of morality, public policy or national security, the maintenance of commercial and industrial secrets and in the interests of the public. the protection of young people or of the private life of a party, of a victim, of a witness or of a third party.

(4a) The exclusion of the public shall be effected by decision of the Senate either on its own account or at the request of a party or a witness.

(4b) Immediately after the decision on the exclusion of the public has been announced, all listeners shall have to be removed, but the parties may require that three persons of their confidence be allowed to participate in the trial.

(4c) If the public has been excluded from a trial, it shall be prohibited to redistribute circumstances as far as this is necessary for the reasons set out in paragraph 4 above. "

62. § 41 together with the title is:

" Examination of the contested recognition or decision

§ 41. In so far as there is no illegality as a result of lack of competence of the administrative court or as a result of infringement of procedural rules (Section 42 (2) (2) and (3)), the Administrative Court has the contested knowledge or the contested decision Decision taken on the basis of the facts adopted by the Administrative Court in the context of the revisiongrounds referred to (Article 28 (1) (4)) or review the statement on the extent of the dispute (section 28 (2)). Is it of the opinion that the decision on the illegality of the recognition or decision in either of the review points or in the context of the declaration on the scope of the dispute could lead to grounds for which a party has so far been , it shall hear the parties and, if necessary, arrange for a postponement. '

§ 42 reads as follows:

" § 42. (1) The Administrative Court shall carry out all cases, unless otherwise specified in this Federal Act, with knowledge. With the knowledge, either the revision is to be dismissed as unfounded, the contested decision or the contested decision should be repealed or decided on the matter itself.

(2) The contested decision or the contested decision shall be repealed.

1.

because of the illegality of its content,

2.

because of illegality as a result of the maladministration of the administrative court,

3.

because of illegality as a result of infringement of procedural rules,

a)

the facts have been adopted by the Administrative Court in an essential point of action, or

b)

the facts of an essential point need to be supplemented or

c)

the Administrative Court could have come to another finding or decision in the event of compliance with the procedural rules which have been injured.

(3) By the annulment of the contested recognition or decision in accordance with paragraph 2, the case shall return to the situation in which it relates to the release of the contested recognition and/or the decision of the contested decision or the decision of the applicant. Decision has been made.

(4) The Administrative Court may decide in the case itself if it is ready for decision and the decision in the case itself is in the interest of simplicity, expediency and cost savings. In such a case, it shall determine the relevant facts and, to that end, may also commission the Administrative Court to supplement the investigative procedure. "

64. § 42a reads:

" § 42a. If the administrative court has failed to comply with its decision-making obligation, the Administrative Court shall bear it in order to obtain the knowledge or decision within a reasonable period to be determined by the Administrative Court. "

§ 44 reads as follows:

" § 44. (1) In the case of § 29, a written copy of the recognition or decision shall also be the subject of the competent Federal Minister. to the state government.

(2) Has a Administrative Court of the Administrative Court in accordance with Section 34 (3) of the Administrative Court Procedure Law-VwGVG, BGBl. I No 33/2013, the suspension of proceedings shall be communicated to the Administrative Court in the case referred to by the Administrative Court in the case of a copy of the recognition or decision. '

§ 45 (1) Z 5 reads as follows:

" 5.

the proceedings have been brought before the Court of Justice for the seizure of the seizure or for a withdrawal of the revision caused by the seizure of the seizure, and the reason for the seizure of the seizure has subsequently been omitted. '

Section 45 (5) shall be replaced by the following paragraphs 5 and 6:

" (5) On decisions of the administrative courts in accordance with § § 30a (1) and (30b) (3), the provisions of paragraphs 1 to 4 shall apply with the proviso that the application shall be filed with the Administrative Court and shall be decided upon by the Administrative Court.

(6) The resumption of proceedings is not permitted in procedural aid cases (§ 61). "

Section 46 (2) to (4) reads as follows:

" (2) The reinstatement to the previous stand for failure to comply with the period of revision and the time limit for filing a request for action shall also be approved if the time limit has been missed, because the finding to be contended, the decision to be contested or the revision pre-decision to be challenged falsely granted an appeal and the party has seized the appeal or no instruction to collect a revision or to submit an application, no time limit for the collection of an appeal the revision or the position of an application or the indication that: no appeal is admissible.

(3) The application for re-establishment shall be made in the cases referred to in paragraph 1 up to the submission of the revision to the Administrative Court, from the submission of the revision to the Administrative Court within two weeks of the removal of the obstacle. In the cases referred to in paragraph 2, the application shall be submitted within two weeks.

1.

after the notification of a decision or a judicial decision which has been made, which has rejected the appeal as inadmissible, or

2.

after the date in which the party is of the admissibility of the revision of the revision, the position of an application on presentation of a document has been obtained,

in the administrative court. The missed action is to be collected at the same time.

(4) Until the submission of the revision, the Administrative Court shall have the right to decide on the application. From the date of submission of the revision, the decision shall be taken on the request of the Administrative Court in a non-public sitting. The Administrative Court or the Administrative Court may grant the suspensive effect to the application for re-establishment of rights. "

69. § § 47 and 48 together with headline are:

" Hip Set

§ 47. (1) The parties in the proceedings before the Administrative Court shall be entitled to an immigrant sentence in accordance with § § 47 to 59.

(2) Without prejudice to the following provisions, a right to an immigrant movement shall be

1.

the auditor in the event of the annulment of the contested recognition or decision or of the decision in the case itself;

2.

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

(3) Co-participants shall be entitled to an immigrant sentence in the event of the revising of the revision.

(4) In the cases referred to in Article 133 (6) (2) to (4) and (8) of the B-VG, the auditor and the legal entity within the meaning of paragraph 5 shall not be entitled to an immigrant sentence.

(5) The rate of immigrant to be paid to the auditor shall be borne by that legal entity on whose behalf the authority has acted in the administrative procedure preceding the proceedings before the Administrative Court. This legal entity is also responsible for the rate of immigrant movement, which is to be provided by the revision advertiser on the basis of this Federal Act.

§ 48. (1) The Revisionswerber shall be entitled to compensation

1.

the Commission's fees and the input fee in accordance with Section 24a, which it is required to pay in the proceedings before the Administrative Court, and the cash expenses of the Administrative Court for which it has to be paid;

2.

of the expenses associated with the application of the revision by a lawyer (tax consultant or auditor) (submissions);

3.

the travel expenses (travel and subsisting costs) associated with the exercise of their party rights in negotiations before the Administrative Court;

4.

of the other expenses, which were associated with the representation by a lawyer (tax adviser or auditor) in negotiations before the Administrative Court (negotiation expenses).

(2) The party within the meaning of section 21 (1) (2) has the right to a replacement

1.

of the expenses associated with the submission of the Revisions responsibility (submissions);

2.

the travel expenses (travel and subsisting costs) associated with the exercise of their party rights in negotiations before the Administrative Court;

3.

of the other expenses associated with the exercise of his party's rights in negotiations before the Administrative Court (expenditure of negotiation).

(3) A co-participant shall be entitled to a replacement

1.

the Commission's fees and the input fee in accordance with Section 24a, which it is required to pay in the proceedings before the Administrative Court, and the cash expenses of the Administrative Court for which it has to be paid;

2.

of the expenses associated with the application of an audit response by an attorney (tax consultant or auditor) (submissions);

3.

the travel expenses (travel and subsisting costs) associated with the exercise of his party rights in negotiations before the Administrative Court;

4.

of the other expenses associated with the representation of him by a lawyer (tax adviser or auditor) in negotiations before the Administrative Court (negotiation expenses). "

70. In § 49 (1) the word order is deleted "in agreement with the Main Committee of the National Council" .

71. In § 49 (2) and (4), the term of the word shall be deleted "in agreement with the Main Committee of the National Council" .

72. In § 49, para. 2, the expression "Z 1, 2 and 4" by the expression "Z 1 and 3" replaced.

73. In § 49 (5), the phrase "the competent authority" through the phrase "the party within the meaning of section 21 (1) Z 2" and the word "trap" by the word "Case" replaced.

74. § 49 (6) last sentence reads:

"The rights of these parties to each other shall be determined by the ratio of the amounts to which each co-participant would be entitled, in the case of the dismissal of the revision, in accordance with paragraph 3."

§ 50 is:

" § 50. In cases where a recognition or a decision has been partially annulled by the Administrative Court, the question of the right to an immigrant sentence (§ 47) shall be assessed in such a way as if the knowledge and/or decision of the Court of Appeal has been annulled. the decision would have been completely repealed. "

§ 51 reads:

" § 51. In cases where the revision after the submission to the Administrative Court or the extraordinary revision after the initiation of the preliminary proceedings has been rejected or withdrawn, the question of the right to an immigrant sentence (§ 47) shall be so assess how if the revision had been dismissed. "

§ 52 reads:

" § 52. (1) If one or more auditors disputed several findings or decisions in a revision, the question of the right to an immigrant sentence (§ 47) shall be assessed in such a way as if each of the findings and/or the findings of each of the above findings or decisions has been taken into consideration. Each of the decisions would have been challenged in a separate revision.

(2) For negotiations which have taken place in the case of paragraph 1 on the same day or on immediately consecutive days, a party shall be replaced with travel expenses in such a way as if only a trial had taken place. Subsisting costs are only once for a party for the same period of time, and the cost of negotiation is to be replaced by one party for each oral hearing. Commission fees, the input fee in accordance with § 24a and cash expenses shall be replaced by a party to the extent to which it has actually been paid by it.

(3) If, in the cases referred to in paragraph 2, the first sentence for the travel expenses of one of the parties pursuant to Section 47 (5) have several legal entities, they shall be to be borne equally by those entities. "

§ 53 reads:

" § 53. (1) If several auditors have jointly challenged a recognition or decision in a revision, the question of the right to an immigrant sentence (§ 47) must be assessed in such a way as if the revision is only of the first-mentioned in the revision of the revision Revision advertiser would have been brought in. The rate of immigrant is to be paid to this revision advertiser. The payment shall have a debtor-free effect in relation to any of the revision advertisers who are entitled to an immigrant sentence. The rights of these revisions shall be assessed in accordance with the provisions of civil law. The revision advertisers have to make equal parts of the work on the immigration rate.

(2) If several auditors have challenged a recognition or a decision in separate revisions and these revisions have been brought by the same attorney (tax adviser or auditor), paragraph 1 shall apply mutationally. In this case the revision advertiser, whose revision bears the lowest number of business figures of the Administrative Court, shall replace the first-mentioned revision shiver. "

79. § 54 (2) reads:

" (2) The provisions of section 49 (1) and (2) of the subsection of the document shall apply to the pleadings in accordance with paragraph 1 (1) (1) above, with the proviso that the lump sum amount for the replacement of the plea in the regulation pursuant to § 49 of the Regulation shall apply. Paragraph 1 shall be fixed by half as much as the lump sum otherwise to be determined on the basis of this provision for the replacement of the amount of pleadings. "

80. § § 55 and 56 are:

" § 55. If the Revisionswerber has been impounded in respect of individual or all revision points (Section 28 (1) (4)) (§ 33), the question of the right to an immigrant sentence (§ 47) must be assessed in the same way as in the case of § 47 paragraph 2 Z 1. However, for those cases in which the seizure status was made in respect of all revision points (Section 28 (1) (4)) within the time limit laid down in accordance with Section 30a (4) or § 36 (1), the lump sum for the replacement of the pledge in the case of the submissions in the In accordance with Article 49 (1), the Regulation shall be fixed by a quarter lower than the flat-rate amount to be determined solely on the basis of this provision for the replacement of the pleadings of the subtlees.

§ 56. (1) In the case of a request for a deadline in which the Administrative Court is entitled in accordance with Section 42a, the question of the right to an immigrant sentence (§ 47) must be assessed in the same way as in the case of section 47 (2) (1). In the case of a request for a deadline in which the proceedings were terminated due to the recovery of the missed recognition or decision, the lump sum for the replacement of the pledge in the regulation pursuant to Article 49 (1) is half of the sum of the total amount of the sum of the costs. lower than the lump sum otherwise to be determined on the basis of this provision for the replacement of the amount of the plea.

(2) Paragraph 1 shall not apply if:

1.

the Administrative Court is capable of proving grounds which made it impossible to issue the recognition or decision within the prescribed period and that these reasons have been notified to the applicant prior to the application of the deadline for the application of the deadline for the application of the deadline for the application of the deadline for the application of

2.

the delay in the administrative court decision was solely due to the applicant's fault or

3.

the case on which the request for an amendment is based, is likely to be carried out. '

81. In § 58 (2) the word "Complaint" through the phrase "Revision or a request for a deadline" replaces and eliminates the word sequence "the appeal procedure" .

82. § 59 (2) (2) (2) deleted; Z 3 and 4 of this paragraph shall be given the number of digits "2." and "3." .

83. § 59 (3) reads:

" (3) In the case of applications for an immigrant sentence submitted in good time, the Administrative Court has, in the case of the conclusion of the procedure, the conclusion of the proceedings. Decision, however, if this is not possible to decide by a separate decision. Applications not submitted in time shall be rejected. However, if at least a general application for an immigrant rate has been applied until the decision is taken, the lump sums for the amount of the plea and the costs of the negotiations, as well as the Commission fees actually paid, and the amount of the Commission's fees, shall In any case, to be entitled to an input fee in accordance with § 24a. "

Section 59 (4) reads as follows:

" (4) In the decision on the application for the award of an immigrant sentence, the Administrative Court has to fix a period of two weeks. The execution of these decisions shall be carried out by the ordinary courts. The Administrative Court shall confirm the enforceability of the decision by its place of business on a copy of the decision on the immigrant sentence of the entitled party. "

§ 61 reads as follows:

" § 61. (1) Unless otherwise specified in the following, the conditions and effects of the authorization of the procedural assistance shall be in accordance with the rules of the Code of Civil Procedure-ZPO, RGBl. 113/1895. The authorization of the procedural assistance shall include the right of the party to have no further desire for the drafting and transfer of the revision, the request for a deadline, the application for a retrial or for re-establishment of the proceedings in the A lawyer will be attached to the previous stand or to the application for a decision of a conflict of jurisdiction and for representation at the trial (§ 40).

(2) If the Administrative Court has stated in its knowledge or decision that the revision is admissible pursuant to Art. 133 (4) B-VG, the Administrative Court shall decide on the application for procedural assistance by decision. The chances of success of the legal proceedings (§ 63 paragraph 1 ZPO) are not decisive for his decision.

(3) If the Administrative Court has stated in its knowledge or decision that the revision is not admissible pursuant to Article 133 (4) B-VG, the Administrative Court shall decide on the application for procedural assistance by the Administrative Court. The application shall, in so far as this is reasonable for the applicant, give a brief explanation as to why the revision is deemed admissible against the appeal of the administrative court.

(4) The Administrative Court shall decide on requests for procedural assistance for the drafting and introduction of a deadline for application of a deadline or an application for a decision of a conflict of jurisdiction.

(5) Has the administrative court or the Administrative Court shall grant procedural aid, it shall it shall notify the Committee of the Chamber of Lawyers responsible for the habitual residence of the Party, so that the Committee may order a lawyer to represent it. The party's wish to select this lawyer shall be in agreement with the well-known lawyer as far as possible.

(6) According to § 45 (4) of the Bar Code, RAO, RGBl. No. 96/1868, instead of the previously given attorney appointed by another lawyer for procedural assistance, the Bar has to inform the Administrative Court immediately, accompanied by an additional proof of delivery.

(7) If the Constitutional Court has filed a complaint pursuant to Art. 144 (3) B-VG to the Administrative Court, a procedural aid granted by him and the appointment of a lawyer shall also apply to the review procedure. "

86. § 62 reads:

" § 62. (1) Unless otherwise provided in this Federal Act, the AVG shall apply to the proceedings before the Administrative Court.

(2) If the Administrative Court decides in the case itself, it shall, in so far as it is not otherwise determined by this Federal Act, apply those provisions which would have to be applied by the Administrative Court. "

87. § 63 reads:

" § 63. (1) Where the Administrative Court has uphold a revision, the administrative courts and the administrative authorities shall be required, in the case in question, without delay, by the legal means at their disposal, to those of the Legal opinion of the Administrative Court to be established in accordance with the law.

(2) In a finding with which the Administrative Court decides in the case itself, it shall also have to determine the court or administrative authority which is responsible for determining the case. that has to execute the realization. The enforcement procedure shall be governed by the law applicable to that court or tribunal. this administrative authority shall be subject to the rules. "

88. The title of the second subsection of the II. Section is:

" Special provisions relating to applications for assessment in matters of official and organ liability, in cases relating to the obligations of the broadcaster in accordance with the television exclusive rights act and in cases relating to the matters of review in the Framework for the award of contracts "

89. In § 64, the parenthesis " (§ 11 of the Official Liability Act, BGBl. No 20/1949; § 9 of the Organic Liability Act, BGBl. No. 181/1967; § 341 (4) of the Federal Law of the Federal Republic of Germany 2006-BVergG 2006, BGBl. I n ° 17) " by the parenthesis expression " (§ 11 of the Official Liability Act-AHG, BGBl. No 20/1949; § 9 of the Organic Liability Act-OrgHG, BGBl. No. 181/1967; § 3 (9) of the German Television Exclusive Rights Act-FERG, BGBl. I n ° 85/2001; § 341 (4) of the Federal Law of the Law 2006-BVergG 2006, Federal Law Gazette (BGBl). I N ° 17/2006; § 142 (4) of the Federal Law on Defence and Security 2012-BVergGVS 2012, BGBl. I No 10/2012) " replaced.

§ 64 reads as follows:

" § 64. Parties to the procedure referred to in this subsection shall be the requesting court, the authority which shall inform the applicant. the administrative court which issued the knowledge or decision and the parties to the dispute before the applicant court ( § 11 of the Official Liability Act-AHG, BGBl. No 20/1949; § 9 of the Organic Liability Act-OrgHG, BGBl. No. 181/1967; § 3 (9) of the German Television Exclusive Rights Act-FERG, BGBl. I n ° 85/2001; § 341 (4) of the Federal Law of the Law 2006-BVergG 2006, Federal Law Gazette (BGBl). I N ° 17/2006; § 142 (4) of the Federal Law on Defence and Security 2012-BVergGVS 2012, BGBl. I No 10/2012 ). "

91. In § 65 (1), first sentence, the following is:

" As soon as the decision to interrupt the proceedings (§ 11 of the Official Liability Act-AHG, BGBl. No 20/1949; § 9 of the Organic Liability Act-OrgHG, BGBl. No. 181/1967; § 3 (9) of the German Television Exclusive Rights Act-FERG, BGBl. I n ° 85/2001; § 341 (4) of the Federal Law of the Law 2006-BVergG 2006, Federal Law Gazette (BGBl). I N ° 17/2006; § 142 (4) of the Federal Law on Defence and Security 2012-BVergGVS 2012, BGBl. I n ° 10/2012), the Court of First Instance has submitted an application to the Administrative Court for review of the case. "

92. In § 65 (1), after the word "Modest" in each case the phrase " or of the recognition or of the decision " inserted.

93. In § 65 (2), after the word "Know" or the phrase " or the recognition or the decision " inserted.

94. In § 65, paragraph 3, introduction, the word order shall be "to ask the authority which issued the decision to request the files of the administrative procedure" through the phrase " the authority which shall inform the to ask the administrative court, which has adopted the knowledge or decision, to request the files of the administrative procedure or of the Court of Justice " replaced.

95. In § 65 (3) Z 3, the expression "§ 341 (4) BVergG 2006" by the expression "§ 3 para. 9 FERG, § 341 Abs. 4 BVergG 2006 or § 142 Abs. 4 BVergGVS 2012" replaced.

96. In § 67, after the word "Modest" the phrase " or a recognition or a decision " inserted.

97. § 70 reads:

" § 70. § § 22 to 25, § 29, § 36, § 37, § 38b, § 40, § 41, § 43 paragraphs 1 to 5 and 7 to 9 as well as the § § 45, 46 and 62 (1) are to be applied in accordance with the terms of § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 33 § § § § § § § § § § § § § § § § § § § § § § §

98. 3. Subsection of the II. Section is together with headline:

" 3. Subsection

Special provisions in the procedure for the decision of conflicts of jurisdiction between administrative courts or between an administrative court and the administrative court

§ 71. § § 43 to 46, 48, 49, 51 and 52 of the Administrative Court and the Administrative Court in accordance with Art. 133 (1) Z 3 B-VG are subject to the procedure for the decision of conflicts of jurisdiction between administrative courts or between an administrative court and the administrative court. Constitutional Court Act 1953-VfGG, BGBl. No 85/1953, apply mutatily. "

99. According to § 71, the following 4. Subsection inserted with headline:

" 4. Subsection

Electronic Legal Transport

§ 72. (1) The pleadings may also be effectively introduced in the course of electronic legal transactions established under this subsection. In place of the written copies of the accusations and instead of copies of entries which have been submitted electronically, the Administrative Court may send the data contained therein to the Einschreiter, the entries in the electronic form. Bring legal traffic under this sub-section, in the way of electronic legal traffic.

(2) If it is not possible to deliver electronic legal services in accordance with the following provisions, it may also be provided via electronic delivery services in accordance with the provisions of the third paragraph of this Article. Section of the Delivery Act-ZustG, BGBl. No 200/1982.

§ 73. After consulting the General Assembly, the President, in accordance with the technical and organisational possibilities, and taking account of a simple and economical administration and a safeguard against abuse, has the closer approach to the electronic submission of documents and transmission of copies of documents of the Administrative Court to be regulated by the Regulation. These include, in particular, the permissible electronic formats and signatures, the regulations for the design of the automation-assisted production, including the technical specifications for the official signature and its Check as well as provisions on the text code. The Regulation may stipulate that the provider of a transfer agency shall be required to operate. This Regulation shall, in accordance with the technical and organisational possibilities, determine the date on which the pleadings and the copies of documents are made in the course of electronic legal transactions, or shall be transmitted.

§ 74. (1) Insofar as this is arranged in the Regulation in accordance with § 73,

1.

the pleadings shall be signed with a suitable electronic signature;

2.

may also apply another safe procedure which ensures the authenticity and integrity of the electronic document transmitted;

3.

Supplements to electronically submitted pleadings are to be connected in the form of electronic documents (originals or electronic copies of paper documents).

(2) The copies of the duties of the Administrative Court, which are to be forwarded in the electronic legal system, are with the official signature of the Administrative Court (§ § 19 and 20 of the eGovernment Act-E-GovG, BGBl. I n ° 10/2004), to the extent that this is provided for in the Regulation pursuant to Section 73. The provisions of the Signature Act-SigG, BGBl. I n ° 190/1999, shall apply mutatily.

(3) In accordance with the technical possibilities, lawyers, tax advisors and auditors are obliged to participate in electronic legal transactions. A breach of this provision will be treated as a form defect to be improved.

§ 75. (1) Records submitted in the course of electronic legal transactions shall be deemed to have been submitted to the Verwaltungsgerichtshof (Administrative Court) if their data have been entered in their entirety at Bundesrechenzentrum GmbH. If it is provided that the pleadings are to be guided through a transmitting agency (§ 73), and if they are actually fully entered in this way with the Bundesrechenzentrum GmbH, they shall be deemed to be with the Administrative Court with the When the transfer agency has returned to the provider that it has taken over the data of the written record for forwarding to the Bundesrechenzentrum GmbH, the transfer office has returned to the provider.

(2) The date of delivery of the electronically transmitted copies of the administrative court and the submissions (Section 72 (1)) shall apply in each case to the working day following the entry into the electronic control area of the consignee, where Saturdays do not apply as working days.

§ 76. In addition, § § 89a to 89g of the Court Organization Law-GOG, RGBl. No 217/1896, apply mutatily. "

100. § § 79 to 82 receive the section names "§ 77." , "§ 78." , "§ 79." and "§ 80." .

101. In all the relevant provisions, with the exception of section 81 (7) (1), the italic site statements contained in Appendix 1 to the Federal Chancellor ' s proclamation of 20 December 1984, with which the Administrative Court Act 1965 will be reloaned, BGBl. No 10/1985, re-announced text of individual provisions, and the s-Schfriction will be adapted to the new spelling of the text. Both of these provisions apply to those provisions which, in accordance with the above-mentioned paragraphs and Z 102 (§ 81 para. 11 Z 2), have effect from 1. Jänner 2014 is amended or replaced by new regulations or omitted.

102. Section 81 is added to the following paragraph 11:

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

1.

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

2.

§ 3 (1), § 10 (2) (1) (1) (1) (1) (1) (lit). a and c and Z 2, § 12 para. 3 in the version of the Z 15, § 14 para. 2, § 15 para. 4 in the version of the Z 20, the headline to the 1. Subsection of the II. Section, § 21, § 22, § 23 para. 1, § 24 in the version of the Z 28, § 24a, § 25, § 25a with title, § 26 with title, § 28 with title, § 29, § 30, § 30a with the title, § 30b with title, § 31 para. 1, § 31 para. 2 in the version of the Z 42, the title before § 33, § 33, § 34 para. 1, 1a, 2 and 4, § 35 with headline, § § 36 to 37a including the title, § 38 including the title, § 38a para. 1, 3 and 4, § 38b para. 1, § 39 para. 1 and 2, § 40 (4) to 4c, § 41 with headline, § 42, § § § 42 § § § 42 § 44, § 45 (1) (5) and (5) and (6), § 46 (2) to (4), § § 47 and 48 together with the title, § 49 (2) in the version of Z 72, § 49 (5) and (6) last Sentence, § 50, § 51, § 52, § 53, § 54 para. 2, § 55, § 56, § 58 para. 2, § 59 para. 2 to 4, § 61, § 62, § 63, the title of the second sub-section of the II. Section, § 64 in the version of the Z 90, § 65, paragraph 1, in the version of the Z 92, § 65 (2) and (3) Introduction, § 67, § 70, of the 3. Subsection of the II. Section with headline, the 4. Subsection of the II. Section with title and the paragraphs of § § 77 to 80 new with 1. January 2014; at the same time, § 27 and § 33a, together with the title, are repeal;

3.

the other provisions with the expiry of the month of the proclamation of this Federal Act; at the same time, section 9 (3) and section 15 (4) of the last sentence are repeal of force.

In the appeal proceedings pending before the Administrative Court on 31 December 2013, § 33a is in the version of Art. 9 Z 6 of the Administrative Court Novel 2012, BGBl. I No 51/2012. '

Article 4

Amendment of the Constitutional Court Act 1953

The Constitutional Court Act 1953-VfGG, BGBl. No. 85/1953, as last amended by the Administrative Court Novel 2012, BGBl. I No 51/2012, shall be amended as follows:

1. In Section 1 (2), the abbreviation shall be: "B-VG" through the phrase " The Federal Constitutional Law-B-VG, BGBl. No. 1/1930, " replaced.

2 and 5, § 5c (1), § 5e, § 6 (2), § 10 (3) and (4), § 28 (2), § 36c (2), § 61a, § 65a, § 70 (2) and (3) and Article 85 (3), the word "trap" in each case by the word "Case" replaced.

3. In § 4 (4) the expression " BGBl. Nr. 54 " by the expression " BGBl. No. 54/1956 " replaced.

4. § 4 (5) shall be deleted after the word "Presidents" the phrase "the Constitutional Court" and becomes the phrase " Bundesrefergegesetz, BGBl. I No 64/1997 ' through the phrase " of the Federal Act of the Federal Republic of Germany-BBezG, BGBl. I No 64/1997, " replaced.

5. In Section 4 (6), the word order shall be deleted "the Constitutional Court" .

6. In § 5b para. 2 introduction the expression " BGBl. N ° 340 " by the expression " BGBl. No. 340/1965 " replaced.

7. In § 5b (2) final part, the expression " BGBl. No. 333 " by the expression " BGBl. No. 333/1979 ' replaced.

8. In Section 5c (1), the abbreviation "v. H." in each case by the abbreviation "vH" and the expression " 2. Record " through the phrase "second sentence" replaced.

9. In § 5e, the word "Withdrawal routes" by the word "Withdrawal" replaced.

10. In § 6 para. 2 and § 88 the word "same" by the word "Same" replaced.

11. In § 10 paragraph 1 lit. a and b, § 17 para. 3 and § 19 para. 5, in the headlines to sections A to C of the second main piece, in the interim headings to § § 42 to 52 and § § 53 to 56, in § 53, in the heading to section D of the 2nd main piece, in § 56a Paragraph 1, in the title to section E of the second main piece, in § 60 para. 2 and § 61, in the headlines to 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 Z 3 and 4, in the headings I and J of the second main piece, in § 73, § 81 and § 82 (1) and in the heading to section L of the second section. The main piece will be the phrase "the Federal Constitutional Law" by the abbreviation "B-VG" replaced.

12. In § 10 paragraph 1 lit. c will be the phrase "in or out of the Amte" through the phrase "in office or outside the Office" replaced.

13. In § 10 (4) the word "Amte" in each case by the word "Office" replaced.

14. § 12 (2) reads:

" (2) Members (substitute members) of the Constitutional Court are excluded from the performance of their duties:

1.

in cases in which a judge according to § 20 of the Jurisdiction Standard-JN, RGBl. No 111/1895, or in accordance with the legal process laws referred to in this Act;

2.

if they have participated in any judicial or administrative proceedings preceding the proceedings before the Constitutional Court. "

15. Folding § 14a is inserted:

" § 14a. (1) In accordance with the technical possibilities, pleadings and supplements to pleadings, copies of statements made by the Constitutional Court and copies of pleadings and supplements may, in accordance with the technical possibilities, be brought into effect electronically in the following manner. or shall be forwarded:

1.

in the course of electronic legal transactions, or

2.

on electronic delivery services in accordance with the provisions of the third paragraph. Section of the Delivery Act-ZustG, BGBl. 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 the application of another safe procedure which ensures the authenticity and integrity of the electronic document transmitted, in particular by means of electronic pre-enrolments in the an electronic act or an electronic form on the website www.vfgh.gv.at, for which the declaration is admissible.

(3) On electronic legal transactions (par. 1) are the § § 89a (2), 89c (1) and (89d) of the Law of the Court of Justice-GOG, RGBl. No 217/1896, apply mutatily. The President shall, after consulting the other Members, have a detailed procedure in the case of the introduction or Transfer of pleadings and supplements to pleadings, copies of documents of the Constitutional Court as well as copies of pleadings and supplements in the course of electronic legal transactions (paragraph 1). 1), including, in particular, regulations on the permissible electronic formats and signatures, and on the design of the production-assisted manufacture, including the technical specifications for the electronic signature of the Constitutional Court and its review. The Regulation may provide that the providers of a transmitting agency shall be able to operate.

(4) To the extent that an electronic submission of pleadings and of supplements to written pleadings is declared admissible, lawyers (§ 17 paragraph 2) are obliged to apply this form of submission. As far as authorities have the technical possibilities, they too are obliged to take this form of introduction. A breach of this obligation shall be treated as a defect within the meaning of § 18, which is to be improved.

(5) The Federal Government shall be liable for the damage caused by the use of information and communications technology from errors in the management of the business of the Constitutional Court, including the affairs of the administration of justice. Liability is excluded if the damage is caused by an unavoidable event, which is not based on an error in the nature or on a failure of the means of automation-assisted data processing. Incidentally, the Act of Impeachment is-AHG, BGBl. No 20/1949. In the case of data transferred to the Constitutional Court, the Federal Government shall be liable in the case of paragraph 1 Z 1 from its entry into the Bundesrechenzentrum GmbH (Bundesrechenzentrum GmbH), otherwise from its entry into the electronic control area of the Federal Constitutional Court. Constitutional Court; in the case of data to be transmitted by the Constitutional Court, the Federal Government shall be liable until its entry into the electronic control area of the consignee.

(6) The Bundesrechenzentrum GmbH and the ARGE ELAK GmbH & Co OG shall be responsible for the automatic handling of statutory tasks of the Constitutional Court in accordance with their mechanical and human resources. Service providers (§ 4 Z 5 of the Data Protection Act 2000-DSG 2000, BGBl. I n ° 165/1999), to the extent that this is in the interests of convenience, simplicity and cost savings. "

16. In § 15 (2), the word "Federal Constitutional Law" by the word "B-VG" replaced.

17. § 17 (1) reads:

" (1) The number of copies of the pleadings and of each supplement shall be added to each document, so that any party (authority) to be charged under the law may be sent a copy. A simple insertion is sufficient for submissions which are electronically introduced. To the extent that several copies are needed, the Constitutional Court has the right to produce the corresponding printouts. "

18. In § 17 (2), before the word "to contribute" the phrase "to write down and" and then the parenthesis "(lawyer's obligation)" inserted.

19. In § 17 (3) the expression " Art. 140 (1) B-VG " by the expression " Art. 140 (1) (2) and (3) B-VG " replaced.

20. In § 17 (4) and § 18, the word "Inputs" by the word "pleadings" replaced.

21. § 17a Z 1 reads:

" 1.

The fee is 240 Euro. The Federal Chancellor and the Federal Minister of Finance are authorized to redefine the input fee by regulation as soon as and as far as the consumer price index 2010 or a consumer price index announced by the Federal Institute for Statistics Austria (Bundesanstalt "Statistik Österreich") is to be redefined. changed its position by more than 10% in comparison with that for January 2013 and subsequently changed it by more than 10% compared with the number of index used for the last fixing. The new amount shall be calculated from the amount referred to in the first sentence in the ratio of the change in the number of index figures for January 2013 to the index number applicable to the redetermination, but on a total of 10 euro in commercial terms; or round. "

The following sentence shall be added to Article 17a (3) (Z):

" In the case of electronically submitted pleadings, in the cases of Section 14a (1), the date of that date shall be determined by the provisions of the GOG or of the GOG, which are relevant for the respective form of the submission. of the ZustG; to the extent that a different form of insertion is declared admissible (Section 14a (2)), the date of the entry into the electronic control area of the Constitutional Court shall be the decisive date. "

23. In § 17a, the numbers Z 5 and 6 are given the number of digits "6." and "7." ; after Z 4 the following Z 5 is inserted:

" 5.

If the application is submitted in the course of electronic legal transactions (Section 14a (1) (1) (1)), the charge funnel shall have the account from which the input fee is to be recovered or a code under which an account for confiscation of the input fee shall be charged. is to be indicated. If the charge funnel indicates both an address code under which an account for confiscation of the input fee is stored, and an account for confiscation of the input fee, the input fee shall be drawn in by this account. The debit and the collection of the input fee shall be carried out in the course of automation-supported data processing. "

24. In § 17a Z 5 (Z 6 new), after the word "Charge" the parenthesis expression "(Z 4 and 5)" inserted.

25. In § 17a Z 6 the word order is deleted "in first instance" .

26. § 17a Z 6 (Z 7 new) is:

" 7.

Incidentally, the fee is subject to the provisions of the Fees Act 1957, BGBl. No 267/1957, shall apply, by way of submissions, with the exception of § § 11 (1) and (14). "

27. In § 19 (3) (1) to (3) and § 19 (4) (1) (1), the word shall be "The" in each case by the word "the" replaced.

28. In § 19 (3) (1) and (2), the point at the end of the paragraph shall be replaced by a line of lines.

29. In Section 19, Section 3, Z 1, the phrase "pursuant to Article 144 (2) and Article 144a (2) B-VG" through the phrase "pursuant to Art. 144 (2) B-VG" replaced.

30. In Section 19 (5), the phrase "Law and in the laws referred to in Section 35 (1)" through the phrase "and the law referred to in § 35 (1)" replaced.

31. In § 19a (1), § 57 (3) (paragraph) 2 new), § 62 para. 3 and § 86a para. 3 Z 2 becomes the phrase "Decisions and dispositions" through the phrase "orders and decisions" replaced.

32. § 20 (1) reads:

"(1) Proceed procedures in the preliminary proceedings and procedural arrangements which serve only for the preparation of the decision shall be taken by the speaker without a court order."

33. In § 20 (2), the word "have" by the word "arrange" replaced.

34. § 22 Second sentence is replaced by the following sentences:

"The trial is to be made known to the office panel and in the" Official Journal to the Wiener Zeitung ". In addition, it can be made known on the Internet on the website www.vfgh.gv.at. "

35. In § 25, the phrase "The one contained in the written entries" through the phrase "Included in pleadings" and the phrase "the Input" through the phrase "the pleadings" replaced.

36. In § 28 (1) the word "self-employed" by the word "self-employed" and the phrase "written inputs" by the word "pleadings" replaced.

37. In Section 28 (3), the word "Bunde" by the word "Bund" replaced.

38. § 28 (4) reads:

"(4) The ordinary courts are appointed to the execution of the decisions of the chairman pursuant to paragraph 1 or of the Constitutional Court pursuant to para. 1 or 2."

39. In § 33, the expression "Articles 144 and 144a" by the expression "Art. 144" replaced.

40. In § 34, the expression " , 144 and 144a " by the expression "and 144" replaced.

41. § 35 (1) reads:

" (1) Unless otherwise specified in this law, the proceedings before the Constitutional Court shall be the Civil Procedure Code-ZPO, RGBl. No. 113/1895. "

42. In Section 35 (2), the phrase "these laws" through the phrase "this law" and the word "Postenlaufes" by the word "Post-run" replaced.

43. § 43 (1) reads:

" (1) A conflict of jurisdiction has arisen as a result of a proper court and administrative court, a proper court and the administrative court, or the Constitutional Court itself, and a different court (Art. 138 (1) (2) B-VG) have taken the decision of the same cause (affirm conflict of jurisdiction), the Constitutional Court has to make a recognition only if one of the above-mentioned courts has received a final sentence in the The main thing is not yet pleasing. "

44. In § 44, the word "Executive Order" through the phrase " Executive Order-EO, RGBl. No. 79/1896, " replaced.

45. § 46 (1) reads:

" (1) The application for a decision of a conflict of jurisdiction which has arisen in the same case

1.

a court and an administrative authority (Art. 138 (1) (1) (B) or (B)

2.

an ordinary court and an administrative court, a proper court, and the administrative court, or the Constitutional Court itself, and a different court (Art. 138 (1) Z 2 B-VG)

competence has been rejected (conflict of competence), can only be made by the party involved. "

46. In § 56 (3), § 63 (2), § 69 (1), § 72 (1) and (2) and § 80 (1), the word shall be "Constitutional Court" by the word "Constitutional Court" replaced.

47. In § 56 (4), the word "Bundesgesetzblatte" by the word "Bundesgesetzblatt" replaced.

48. In § 56a (3), § 57 (1) and § 62 (1), the word order shall be "in detail" through the phrase "in detail" replaced.

49. In § 57, para. 1 and § 61a, after the word "claims" the parenthesis expression " (Art. 139 (1) Z 3 B-VG) " inserted.

Section 57 (2) is deleted; paragraphs 3 and 4 of this paragraph shall be awarded the sales names "(2)" and "(3)" .

51. In § 57 (3) (par. 2 new) will be the parenthesis "(an independent administrative Senate, the Federal Procurement Office)" by the parenthesis expression " (Art. 139 (1) Z 1 B-VG) " and the phrase "in this case" through the phrase "in the proceedings pending before him" replaced.

52. In § 57 (4) (par. 3 new) will be the parenthesis "(the independent administration senate, the Federal Procurement Office)" by the parenthesis expression " (Art. 139 (1) Z 1 B-VG) " and the word "Review" by the word "Repeal" replaced.

53. In § 58 (1), the parenthesis shall be "(an independent administration senate, the Federal Procurement Office)" by the parenthesis expression " (Art. 139 (1) Z 1 B-VG) " and the phrase "the parties involved in the case" through the phrase "the parties to the proceedings pending before him" replaced.

54. In Section 58 (2), the phrase "Supreme administrative authorities of the Federal Government or of the country which are called to represent the contested regulation" through the phrase "competent top administrative authority of the federal government or of the country" replaced.

55. § § 59 and 60 shall be replaced by the following § 59:

" § 59. (1) The knowledge of the Constitutional Court has to say whether the whole content of the Regulation or certain bodies of the latter are to be repealed as being unlawful.

(2) The recognition shall also be granted to the managing authority which has adopted the Regulation and to the competent administrative authority of the Federal Government or of the country. If it is repeal, it must be stated in the proclamation to be issued in accordance with Article 139 (5) B-VG that the Regulation or certain bodies of the same shall be replaced by the exact recognition of the Constitutional Court has been repealed or "

56. § 61 reads:

" § 61. The above provisions of this section shall apply in accordance with the following provisions:

1.

on requests from a court (Art. 139 (1) Z 1 B-VG) , who claim that the contested regulation or certain bodies of such a law were unlawful (Art. 89 (3) B-VG);

2.

if the Constitutional Court has to recognise the illegality of a regulation or of certain bodies of such an act (Art. 139 (1) Z 2 B-VG).

57. In § 62 (1) and § 65a, after the word "claims" the parenthesis expression " (Art. 140 paragraph 1 Z 1 lit. c B-VG) " inserted.

58. In § 62 (2), after the word "Landtag" the parenthesis expression " (Art. 140 (1) (2) and (3) B-VG) " inserted.

59. In § 62 (3), the parenthesis shall be "(an independent administrative Senate, the Federal Procurement Office)" by the parenthesis expression " (Art. 140 paragraph 1 Z 1 lit. a B-VG) " and the phrase "in this case" through the phrase "in the proceedings pending before him" replaced.

60. In § 62, para. 4, the parenthesis shall be "(the independent administration senate, the Federal Procurement Office)" by the parenthesis expression " (Art. 140 paragraph 1 Z 1 lit. a B-VG) " and the word "Review" by the word "Repeal" replaced.

61. In § 63 (1), the parenthesis shall be "(an independent administration senate, the Federal Procurement Office)" by the parenthesis expression " (Art. 140 paragraph 1 Z 1 lit. a B-VG) " and the phrase "the parties involved in the case" through the phrase "the parties to the proceedings pending before him" replaced.

62. In § 63 (2), the word "Tribune" by the word "Court of Justice" replaced.

63. § 63 (3) is deleted.

64. § § 64 and 65 are:

" § 64. (1) The recognition of the Constitutional Court has to say whether the whole content of the law or certain bodies of the same shall be unconstitutional.

(2) The recognition shall also be granted to the Federal Chancellor or to the competent provincial governor. If it is repeal, it must be stated in the manifestation to be issued pursuant to Article 140 (5) B-VG that the law or certain bodies of the same by the exact recognition of the Constitutional Court to be recorded has been repealed or .

§ 65. The above provisions of this section shall apply in accordance with the following provisions:

1.

on requests from a court (Art. 140 paragraph 1 Z 1 lit. a B-VG), which sought the decision that the contested law or certain bodies of such an act were unconstitutional (Art. 89 (3) B-VG);

2.

if the Constitutional Court has to recognise the unconstitutionality of a law or of certain bodies of such an act (Art. 140 paragraph 1 Z 1 lit. b B-VG). "

65. The heading to Section I of the second main item is:

" I. In case of dispute of elections, requests for loss of mandate, disputes of the outcome of referendum, referendums, referendums and European Citizens ' Initiatives, the inclusion of persons in voter evidences and the deletion of votes of persons from voter evidences and in the challenge of the self-contestable decisions and decisions of the administrative authorities in all such cases (Art. 141 B-VG) "

66. § 67 (1) reads:

" (1) The election of the Federal President, the elections to the general representative bodies, the European Parliament and the statutory bodies (representative bodies) of the legal professional representations, the elections to the state government and in the bodies responsible for the enforcement of a municipality (hereinafter referred to as the municipal executive) and the results of popular meetings, referendums, referendums and European citizens ' initiatives may, on account of any alleged illegality, be of the procedure (hereinafter referred to as the electoral procedure) . Such a dispute (hereinafter referred to as the "Wahlanfechtung") shall contain the reasoned request for the annulment of the electoral procedure or of a certain part of it. "

67. § 67 (2), first sentence reads:

" The challenge of the election to the Land government requires an application of one tenth of the members of the Landtag, but at least two members, the challenge of the election to the municipal board of the application of one-tenth of the members of the Community ates, but at least two members. "

68. § 67 (3) reads:

" (3) The Constitutional Court has to grant the suspensing effect to a Wahlanfecht, founded on the illegality of a case, at the request of the appellant party in accordance with § 85 (2), first sentence, of the Appeal. Section 85 (2), second sentence, para. 3 and para. 4, shall apply mutasensitily. "

Section 67 is added to the following paragraph 4:

" (4) The procedure for the inclusion of persons in voter evidences and the removal of persons from voter evidences are the provisions of this section on electoral disputes, which are based on the illegality of a shedding of persons, "

70. § 68 (1) reads:

" (1) As far as the relevant law (hereinafter referred to as the electoral code) is not otherwise determined, the electoral challenge shall be within four weeks after the end of the electoral procedure or, if it is founded on the illegality of a shedding, within four weeks of the notification of this decision. In the affairs of the community's own sphere of action, the electoral challenge can only be brought in after the creation of the instance train. Where reference is made to documents in the electoral dispute for the purposes of the taking of evidence, their copies, copies or copies of such documents shall be connected. "

71. In § 71 (1) the word "Community Representatives" by the word "Municipal Councils" replaced. "

72. In § 71 (4) the expression " Incompatible Law 1983, BGBl. No. 330, " by the expression " Incompatible and Transparency-Law-Unv-Transparency-G, BGBl. No 330/1983, ' replaced.

73. § 71a (1) reads:

" (1) The challenge of the decision of an administrative authority with which the loss of the mandate in a general body of representation, the function in a municipal board or in a statuary body (representative body) of a legal professional representation is to be introduced within six weeks after the date of delivery of this decision. "

74. In Section 71a (5), the word order shall be "otherwise" through the phrase "incidentally" replaced.

75. In § 79 (1), the word "gleaned" through the phrase "asserted" replaced.

76. § 81 reads:

" § 81. The proceedings relating to the proceedings concerning the charges pursuant to Art. 142 and 143 B-VG are, unless otherwise specified in this Act, the Criminal Procedure Code 1975-StPO, BGBl. No 631/1975, apply mutatily. '

77. In the heading to Section K of the 2nd main piece, the parenthesis is " (Art. 144 and 144a B-VG) " by the parenthesis expression " (Art. 144 B-VG) " replaced.

78. § 82 reads:

" § 82. (1) The time limit for the filing of a complaint against a recognition of an administrative court pursuant to Art. 144 B-VG (Complaint Period) is six weeks. It begins when the knowledge has been delivered to the appellant with the day of service, but when the knowledge of the appellant has been proclaimed only orally, with the date of the proclamation.

(2) If the recognition has already been delivered or proclaimed to another party, the appeal may already be filed from the date on which the appellant has become aware of the knowledge.

(3) If the party has requested the authorization of the procedural aid within the time limit for appeal (Section 64 of the ZPO), the notice of appeal shall commence for the party with the notification of the decision on the appointment of the attorney to the attorney. The decision shall be notified by the Constitutional Court. If the request for authorisation of the procedural aid is rejected in good time, the notice of appeal shall begin with the notification of the dismissiable decision to the Party.

(4) The complaint shall contain:

1.

the designation of the contested recognition and the administrative court which adopted it;

2.

the facts;

3.

an indication as to whether the appellant is in unconstitutional rights granted by the contested recognition or because of the application of an unlawful regulation, an unlawful act concerning the repudiation of a law (state contract), an unconstitutional law or an unlawful state treaty in his rights is alleged to be infringed, in the latter case also the designation of the law deemed unlawful;

4.

a certain desire;

5.

the information required to assess whether the complaint has been submitted in good time.

(5) The appeal shall be a copy, copy or copy of the contested recognition if it has been delivered to the appellant. "

79. § 83 reads:

" § 83. (1) A copy of the appeal, together with the supplements, is the subject of the proceedings before the Administrative Court, against whose recognition a complaint is lodged (respondent), with the notification that it is the respondent's shall, within a period of at least three weeks, be required to reimburse a copy.

(2) The Constitutional Court may invite the parties to submit further written comments and counterparties within a reasonable period of time. The parties may also reimburse unsolicly written statements and counterparties. "

80. In § 84 (1), the phrase "the further, for example, required statements" through the phrase "any utterances and counter-statements" and the phrase "the complainant and the competent authority" through the phrase "the parties" replaced.

81. In Section 84 (2), the phrase "the complainant, the authority concerned and, for example, the party concerned" through the phrase "the parties" replaced.

82. In § 85 (2) the word order shall be "the appellant, the competent authority or any other person who is involved" through the phrase "one party" shall be replaced and inserted before the last sentence of the following sentence:

"The granting of the suspender effect shall only be justified if the interests of third parties are affected by it."

83. § 85 (3) reads as follows:

" (3) Decisions pursuant to paragraph 2 shall be notified to the parties. Where the suspensive effect is granted, the enforcement of the contested recognition shall be postponed and shall be the necessary arrangements to be made; the person entitled under the contested recognition shall not exercise that entitlement. "

§ 86a (3) Z 1 reads as follows:

" 1.

in cases where an administrative court has to apply the legislation referred to in the decision and to assess a point of law referred to in that decision:

a)

Only such acts may be carried out or orders and decisions taken which cannot be influenced by the knowledge of the Constitutional Court or which do not conclude the question in conclusion and not a postponing .

b)

The notice of appeal does not begin to run; an ongoing complaint period is interrupted. "

Article 87 (2) reads as follows:

" (2) If the Constitutional Court has uphold a complaint, the administrative courts and the administrative authorities shall be required, in the case in question, to immediately inform the legal means at their disposal of the legal remedies available to them. Legal opinion of the Constitutional Court to establish the appropriate legal status. "

86. § 87 (3) last sentence is deleted.

87. § 88a reads:

" § 88a. (1) The decisions of the Administrative Courts shall apply mutatily to the provisions of this section which apply to their findings.

(2) A complaint is not admissible against:

1.

Claims in accordance with Section 25a, Section 1 of the Administrative Court Act 1985-VwGG, BGBl. No 10/1985;

2.

Decisions pursuant to § 30a (1), (3), (8) and (9) VwGG;

3.

Decisions pursuant to Section 30b (3) VwGG;

4.

Decisions pursuant to Section 61 (2) VwGG.

(3) A separate appeal shall not be admissible against decisions which are conducting proceedings. They can only be challenged in the complaint against the finding that the case is experiencing. "

88. In all applicable provisions, except for § 5i, the s-Schfriction will be adapted to the new spelling. This shall also apply to those provisions which, in accordance with the preceding paragraphs and Z 89 (section 94 (26) (1)), have effect from 1. Jänner 2014 is amended or replaced by new regulations or omitted.

(89) § 94 is added to the following paragraph 26:

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

1.

§ 17 (3) in the version of Z 19, § 17a Z 6 in the version of Z 25, § 19 (3) Z 1 in the version of Z 29, § 19a (1), § 20 (1) and (2), § 28 (4), § 33, § 34, § 43 (1), § 46 (1), § 57, § 58, § 59, § 61, § 61a, § 62, § 63, § 64, § 65, § § 65 65a, the title to section I of the second main piece, § 67, § 68 (1), § 71 (1), § 71a (1), the title to section K of the 2nd main piece, § 82, § 83, § 84, § 85 (2) and (3), § 86a (3), § 87 (2) and § 88a (1). January 2014; at the same time, Section 87 (3), last sentence, repeals;

2.

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

Article 5

Amendment of the Introductory Act to the 2008 Administrative Procedure Law

The Introductory Act to the 2008-EGVG Administrative Procedures Act, BGBl. I n ° 87/2008, as last amended by the Law on the restructuring of the Tourism Authority, BGBl. I No 87/2012, shall be amended as follows:

1. In Art. I para. 2 Z 38 shall be the order of the word "Federal Office for Social and Disabled Persons" through the phrase "Federal Office for Social Affairs and the Disabled" replaced.

2. Art. I para. 2 reads as follows:

" (2) The administrative procedure laws shall apply:

1.

the AVG to the administrative procedures of the administrative authorities;

2.

the VStG to the criminal proceedings of the administrative authorities, with the exception of the federal financial authorities;

3.

the VVG on the enforcement proceedings of the authorities of the general state administration, the institutions of the cities with their own staff regulations and the State Police Directorates. "

3. Art. I para. 3 deleted; Art. I (4) shall be replaced by the sales designation "(3)" .

4. In Art. 4 (par. 3 new) the following Z 1a and 1b are inserted:

" 1a.

in the affairs of the patent system and in the protection of designs, trademarks and other product names, with the exception of the criminal proceedings to be carried out in these matters;

1b.

in the matters relating to land reform, with the exception of the criminal proceedings to be carried out in these matters; "

5. Art. II (1) reads as follows:

" (1) Where the federal law, the AVG or the VStG is referred to by public authorities, it is understood that the administrative authorities are to be understood as meaning the federal laws in accordance with Art. 2 Z 1 or 2 Z 2 shall apply. "

6. Art. Article II (3) reads:

" (3) Administrative transgressions in the sense of the VStG are those of the in Art. 2 (2) of the authorities referred to in paragraph 2 (2). "

7. In Art. III (1) Z 2 shall not be followed by the word "except in the cases of an act threatened with a court sentence" .

8. Art. III (1) Final part reads as follows:

", in the cases of Z 3 or 4, if the deed is not threatened with other administrative criminal provisions with tighter punishment, an administrative surrender and is from the district administrative authority, in the cases of the Z 2 and 4 for the territory a municipality for which the State Police Directorate is at the same time the security authority of the first instance, of the State Police Directorate, in the cases of Z 1 and 2, with a fine of up to 218 euros, in the case of Z 3 with a fine of up to 1 090 Euro and, in the case of Z 4, punishable by a fine of up to € 2 180. In the case of Z 4, the attempt shall be punishable and may be cancelled for objects with which the offence has been committed. "

9. Art. III (5) and (6) shall read:

" (5) If a judicial criminal procedure has been terminated by reason of an act in accordance with paragraph 1 Z 4 other than by resignation from the prosecution (diversion) or by a final guilty verdict, this shall be communicated to the authority. The notification shall be the responsibility of the Court of First Instance in the case of the recruitment of the Public Prosecutor's Office, in all other cases.

(6) The time from the reimbursement of the criminal complaint for an act pursuant to paragraph 1 (1) (4) to the entry into the notice pursuant to paragraph 5 of the Authority shall not be included in the period of limitation (§ 31 para. 1 VStG). "

10. The Art. V shall be added to the following paragraphs 6 and 7:

" (6) In the version of Art. 5 of the Federal Law BGBl. I No 33/2013 enter into force:

1.

Art. 2 Z 38 with 1 September 2012;

2.

Art. III (1), (5) and (6) at the end of the month of the presentation of this Federal Law;

3.

Art. 2 and paragraph 3 new and Art. II (1) and (3) with 1. January 2014; at the same time Art. 3 except in force.

(7) For provisions in federal or state laws in which, by the end of 31 December 2013, the application of an administrative procedure law in other than that in Art. Paragraph 3 of this Article shall be applied to the administrative procedures of the administrative authorities:

1.

If these provisions enact the application of an administrative procedural law in its entirety, if necessary also in a certain version, and do not fall under Z 3, they shall not enter into force.

2.

If they assign the application of an administrative procedure law to the extent that it is not otherwise determined in the law in which they are contained, and if they do not fall under Z 3, they do not enter into force. The statutory provisions, which determine otherwise than the administrative procedural law, shall remain unaffected.

3.

If they assign the application of an administrative procedure law, with the exception of certain specifically mentioned provisions of this administrative procedure law, they remain unaffected. "

Article 6

Amendment of the General Administrative Procedure Act 1991

The General Administrative Procedure Act 1991-AVG, BGBl. No. 51/1991, as last amended by the Federal Law BGBl. I No 100/2011, shall be amended as follows:

1. In § 2 the word sequences shall be deleted "in first instance" and "and in second instance of the provincial governor" .

2. § 17 (4) reads:

"(4) The refusal of access to the file to the party of a pending procedure shall be carried out by means of a procedural arrangement."

3. § 19 (1) second sentence is deleted.

4. § 19 (4) reads:

"(4) A simple charge shall be effected by means of a process arrangement."

5. § 33 (1) and (2) reads:

" (1) The beginning and running of a period shall not be impeded by Saturdays, Sundays or public holidays.

(2) If the end of a period falls on a Saturday, Sunday, public holiday, Good Friday or 24 December, the next day, which is not one of the days mentioned above, shall be considered the last day of the period. "

6. In § 38, second sentence, the word order shall be "with the competent authority" through the phrase " with the competent administrative authority or to the competent court " replaced.

7. In § 41 (1), second sentence, the word order shall be "or by means of a publication in the newspaper designated for official customer-made procurations" through the phrase ", by means of publication in the official journal of the Authority, or by means of publication in the Official Journal of the Authority" replaced.

8. § 42 (1), last sentence shall be deleted.

9. The following paragraph 1a is inserted in § 42:

" (1a) The Internet presentation at the address of the Authority shall be deemed to be appropriate if, as a result of a lasting presentation to the office of the Authority, it is clear that such customer service can be made on the Internet and at what address it may be , Other forms of presentation shall be appropriate if they ensure that a party is expected to become aware of the hearing. "

10. § 44a (3) third sentence is deleted.

11. In § 44e paragraph 2, the expression "§ 67e" by the expression " § 25 (1) to (4) of the Administrative Court Procedure Law-VwGVG, BGBl. I No 33/2013, " replaced.

12. § § 51a to 51d, together with the heading, are deleted.

Section 53 (2) reads as follows:

"(2) The decision on the application for rejection shall be made by means of a procedural arrangement."

14. § 53a (2), first sentence reads:

"The fee shall be determined by the authority which has drawn upon the expert."

15. § 53a (3) reads:

" (3) The fee shall be paid to the non-official expert free of charge. If the authority determines a higher fee than the non-official expert has been paid, the additional amount shall be repaid free of charge to the non-official expert. If the authority determines a lower fee or if the advance paid to the unofficial expert exceeds the fee it charges, the non-official expert shall be obliged to repay the amount paid too much. "

16. § 53a (4).

17. In § 53b last sentence, the expression " 2 to 4 " by the expression " 2 and 3 " replaced.

18. § 61 (1) reads:

" (1) The right of appeal has to indicate whether an appeal can be brought against the communication, if the content and form of the appeal must be in the form of an appeal, and at which authority and within which time limit it is to be submitted. is. "

19. In Section 61 (4), the word "done" by the word "adopted" replaced.

20. § 61a.

21. § 63 (1) reads:

" (1) The instance train in the affairs of the community's own sphere of action and the right to collect the appeal shall be governed by the administrative provisions. An appeal shall not be admissible against the authorisation or the disposition of the resumption and the authorization of re-establishment. "

22. In § 63 (2), the word "matter" by the word "thing" replaced.

23. § 64 (1) reads:

"(1) A timely and admissible appeal shall have suspensive effect."

The first sentence of Article 64 (2) reads as follows:

" The authority may exclude the suspensive effect with communication if, after consideration of the public interests and interests of other parties concerned, the early enforcement of the contested decision or the exercise of the performance of the contested decision by the The contested decision is a matter of urgency because of danger in the event of default. "

25. The second section of the IV. Part with headline is deleted; the 3. and the 4. Section of this part is given the section labels " 2. Section: " and " 3. Section: " .

26. In Section 68 (2), the following phrases shall be deleted "or from the independent administrative senate" and "or the" .

27. In § 68 (3), the phrase "in the interests of the public good, the authority which issued the decision in the last resort, if an independent administrative Senate has decided, or the competent authority in question," through the phrase "the authority which issued the decision of the last resort, or the competent authority in the public interest" replaced.

28. In § 69 (1) Z 3, the phrase "from the relevant competent authority (court)" through the phrase " by the competent administrative authority or by the competent court " replaced.

29. In § 69 (1), the point at the end of the Z 3 shall be replaced by a line-point; the following Z 4 shall be added:

" 4.

it is subsequently notified of a decision or a court decision which, which is not subject to a waiver or amendment at the request of a party and which would have justified the objecting of the decisive cause in the proceedings. "

30. § 69 (4) reads:

"(4) The decision on the resumption shall be the authority of the Authority which has adopted the decision in the last resort."

31. Section 70 (3) is deleted.

32. § 71 (6) second sentence is deleted.

33. § 72 (4) is deleted.

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

" If a decision to appeal against the appeal is not issued within the decision-making period, the responsibility for the decision shall be transferred to the Appellate Authority (Devolutionsrequest) upon written request of the party. The application for devolution shall be submitted to the Appellate Authority. "

35. In Section 73 (3), the word order shall be "High Authority (the independent administrative Senate)" by the word "Appellate Authority" replaced.

36. § 76a is deleted.

37. In § 78 (4) the word order is deleted "competent in the case of the first instance" and becomes the phrase "the effort of this authority" through the phrase "their effort" replaced.

38. § 79a together with the title shall be deleted.

39. § 82a is deleted.

40. The following paragraph 20 is added to § 82:

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

1.

§ 33 (1) and (2), § 38, second sentence, § 41 (1), second sentence, § 42 (1a) and section 69 (1) Z 3 in the version of Z 28 with the expiry of the month of the proclamation of this Federal Act; at the same time, section 42 (1), last sentence, § 44a (3), third sentence and § 82a shall be repeal;

2.

§ 2, § 17 (4), § 19 (4), § 53 (2), § 53a (2), first sentence and (3), § 53b, last sentence, § 61 (1) and (4), § 63 (1) and (2), section 64, the section title " 2. Section: " § 68 (2) and (3), § 69 (1) (3) and (4) in the version of Z 29, section 69 (4), the section title " 3. Section: " , § 73 (2) and (3) and section 78 (4) with 1. January 2014; at the same time § 19 (1), second sentence, § § 51a to 51d together with the title, § 53a (4), § 61a, the 2nd Section of the IV. Part and title, Section 70 (3), § 71 (6), second sentence, § 72 (4), § 76a and § 79a, together with the title, override the title. "

Article 7

Amendment of the Administrative Criminal Law 1991

The Administrative Criminal Law 1991-VStG, BGBl. No 52/1991, as last amended by the Security Authorities-New structuring law-SNG, BGBl. I No 50/2012, shall be amended as follows:

1. § 1 (2) reads:

"(2) The penalty shall be governed by the law currently in force, unless the law in force at the time of the decision would be more favourable to the offender in its overall effect."

2. § 19 (1) reads:

"(1) The basis for the assessment of the penalty shall be the significance of the criminal justice protected legal good and the intensity of its impairment by the act."

3. § 21 with headline shall be deleted.

Section 22, together with the headline, reads:

" Meeting of punishable acts

§ 22. (1) Where the administrative provisions do not determine otherwise, an act as administrative surrender shall be punishable only if it does not constitute the offence of a criminal act falling within the jurisdiction of the courts.

(2) If a person has committed several administrative violations by means of several self-employed acts or if there is an act among several non-exclusive penal threats, then the penalties shall be imposed side by side. The same shall apply in the event of overlapping of administrative transgressions with other punishable acts to be punished by an administrative authority. "

5. § 23 deleted.

6. § 24 second sentence reads:

"§ § 2, 3, 4, 11, 12, 13 para. 8, 14 para. 3, second sentence, 37 second sentence, 39 para. 3, 41, 42, 44a to 44g, 51, 57, 68 para. 2 and 3, 75 and 78 to 82 AVG are not to be applied in the administrative criminal proceedings."

Section 25 is added to the following paragraph 3:

" (3) The courts and administrative authorities shall not be obliged to notify the Authority of the commission of an administrative surrender if the importance of the criminal law protected legal good and the intensity of its impairment by the deed are not are small. "

8. § 26 (1) reads:

"(1) In the case of administrative criminal matters, the administrative authorities in the first instance shall be responsible for the absence of provisions relating to the administrative provisions relating to the competence of the administrative authorities."

9. § 26 para. 2 reads:

" (2) In administrative criminal matters in the affairs of the factual area of action of the State Police Directorates, however, is in the territory of a municipality, for which the State Police Directorate is at the same time the security authority of the first instance, the State Police Directorate responsible in the first instance. "

10. In § 26 the word order is deleted "in first instance" .

11. The following paragraph 2a is inserted in § 27:

" (2a) If the administrative surrender has not been committed within the territory of the country, jurisdiction shall be determined

1.

in administrative criminal matters relating to the operation of an undertaking or other permanent activity: first of all, in the place where the undertaking is operated or the activity is carried out, then after the principal residence of the undertaking Accused, then after his stay;

2.

in other administrative criminal matters: first of all after the main residence of the accused, then after his stay.

If none of these grounds of competence can be considered, the authority which first becomes aware of the administrative surrender shall be the authority (§ 28). "

12. In § 30 (3), first sentence, the word "Like" by the word "adopted" replaced.

13. In § 30 (3), second sentence, the word order is deleted "first instance, but when an independent administrative Senate has decided on the matter," .

14. § 31 together with the title is:

" Statute of limitations

§ 31. (1) The prosecution of a person shall be inadmissible if no prosecution has been carried out against them within a period of one year (Section 32 (2)). This period shall be calculated from the date on which the criminal activity has been completed or where the offence has been carried out; if the success of the offence has not occurred until later, the period shall not expire until the end of the period of time. Time.

(2) The criminality of an administrative surrender shall be effected by statute of limitations. The limitation period shall be three years and shall begin in the date referred to in paragraph 1. The limitation period shall not be included in the limitation period:

1.

the time during which the prosecution cannot be initiated or continued in accordance with a legal requirement;

2.

the time during which criminal proceedings are brought against the offender by the public prosecutor, the court of law or another administrative authority;

3.

the time during which the proceedings are suspended until a final decision has been taken;

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 shall no longer be enforced if three years have passed since its final judgment. The limitation period shall not be included in the limitation period:

1.

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

2.

Periods in which the execution of the sentence was inadmissible, suspended, postponed or interrupted;

3.

Times in which the accused has stopped abroad. "

15. In § 32 (2) the word order is deleted "Work order for research," .

16. § 34 and title shall be replaced by the following § 34:

" § 34. The Authority may temporarily depart from the initiation or continuation of the criminal proceedings, as long as:

1.

criminal prosecution is not likely to be possible, or

2.

the prosecution is likely to cause an expense that would be disproportionate in terms of the importance of the criminal justice protected legal good and the intensity of its impairment.

In the event of a substantial change in the circumstances relevant to this assessment, the criminal proceedings shall be initiated or continued. "

17. § 37 (1) reads:

" (1) The authority may apply to the accused person, to impose a reasonable amount of security, or to ensure, by means of a deposit or suitable guarantor, who undertake to act as a payer,

1.

if there are reasonable grounds for suspecting that the accused shall be withdrawn from prosecution or execution of the sentence, or

2.

if otherwise

a)

law enforcement or criminal enforcement is not likely to be possible, or

b)

law enforcement or enforcement would likely cause an effort that would be disproportionate in terms of the significance of the criminal law protected legal good and the intensity of its impairment. "

The first sentence of Article 37 (2) reads as follows:

"The security shall not exceed the maximum amount of the financial penalty threatened."

19. § 37 (3) reads:

"(3) The complaint lodged with the Administrative Court against a communication pursuant to paragraph 1 or 2 shall not have suspensive effect."

20. In Section 37 (4), the phrase "six months" through the phrase "12 months" replaced.

21. § 37 (5), first sentence reads:

"(5) The security shall be declared expired as soon as it is established that the prosecution or the execution of the sentence is not possible."

(22) § 37a (1) and (2) reads as follows:

" (1) The Authority may authorise specially trained bodies of the Public Security Service to provide provisional security for persons who are entered in the course of a fresh act,

1.

if the conditions of § 35 Z 1 and 2 are fulfilled for an arrest, or

2.

if otherwise

a)

the prosecution or the enforcement of criminal penalties could be considerably more difficult, or

b)

criminal prosecution or sentence could cause an effort that would be disproportionate in terms of the significance of the criminal justice protected legal good and the intensity of its impairment.

Special appropriations shall remain unaffected by the administrative provisions. § 50 (1), last sentence, para. 3, para. 5, para. 6, first sentence, and para. 8 are to be applied in a reasonable way.

(2) The provisional security shall not exceed the maximum amount of the financial penalty threatened. "

Section 37a (3), first sentence reads:

If, in the case referred to in paragraph 1 (1) (2), the person concerned does not provide the provisional security, the institution may, as a provisional institution, be able to make usable items belonging to the person who appear after the person concerned and whose value does not exceed the maximum amount of the amount of the fine threatened. Security confiscated. "

24. In Section 37a (4), the word order shall be "the amount raised as provisional security" through the phrase "provisional security" replaced.

25. In Section 37a (5), the phrase "six months" through the phrase "12 months" replaced.

26. § 39 (6) reads:

"(6) The complaint lodged with the Administrative Court against a communication pursuant to paragraph 1 or 3 shall not have suspensive effect."

27. § 41 (1) reads:

" (1) The charge (§ 19 AVG) shall contain:

1.

the clear name of the act to be charged to the accused and the administrative provision under consideration;

2.

the invitation to bring forward the facts useful to the defence and to bring the evidence to the defence or to inform the Authority in good time that they can still be obtained for questioning. "

Article 41 (2) shall be deleted; the previous paragraph 3 shall be replaced by the sales designation "(2)" .

29. In § 43 (2), the word "Like" by the word "adopted" and the word "Precipitation" by the word "Erlassung" replaced.

30. In § 44 (3) Z 1 the expression " 3 " by the expression " 2 " replaced.

31. In § 45 (1), the point at the end of Z 3 shall be replaced by a reticle; the following text shall be added:

" 4.

the importance of the criminal law property and the intensity of its impairment as a result of the act and the fault of the accused are low;

5.

the criminal prosecution is not possible;

6.

the prosecution would involve an effort that would be disproportionate in terms of the significance of the criminal justice system and the intensity of its impairment.

In the case of Z 4, instead of having the attitude, the authority may, in the case of Z 4, give a warning, indicating the illegality of its conduct, if it appears to be necessary to ensure that it is punishable by the commission of the offence. Acts of the same type shall be held. "

32. In § 45 (2), first sentence, the word order shall be "Appeal against the attitude" through the phrase "against the cessation of appeal to the Administrative Court" replaced.

33. In § 46 (1), the word "vocation" through the phrase "Complaint to the Administrative Court" and the word "to be notified" by the word "To deliver" replaced.

34. In Section 47 (1), the phrase "Automatic monitoring" through the phrase "traffic monitoring by means of image-processing technical equipment" , the amount "365" by the amount "600" and the amount "120" by the amount "200" replaced.

35. In § 47 (2) the amount shall be "300" by the amount "500" replaced.

36. In § 48, the sales denomination "(1)" and paragraph 2.

37. In § 49a (1) the amount shall be "220" by the amount "365" replaced.

38. § 49a (2) reads:

" (2) The Authority has, by means of a Regulation as referred to in paragraph 1, fixed a fine in advance and is based on the official perception of an institution of public supervision or of traffic control by means of image-processing technical Facilities, the authority may impose the fine without setting a replacement penalty by means of anonymization. "

39. In Section 49a (6), the phrase "to proceed in accordance with § 34" through the phrase "To clarify the facts as much as possible and to initiate investigations according to the unknown perpetrator" replaced.

40. In § 50 (1) the amount shall be "36" by the amount "90" replaced.

41. The following paragraph 5a is inserted in § 50:

" (5a) The institution (para. 1) may be subject to the imposition of a fine with an organ punishment if the meaning of the legally protected legal good and the intensity of its impairment by the act and the fault of the application are low; a Notification to the Authority shall not be refunded in this case. However, the institution may, in such a case, draw the attention of the requesting institution to the illegality of its conduct. "

Section 51 (7) reads as follows:

" (7) Since the entry into force of a timely and admissible appeal by the accused against a criminal knowledge of 15 months has elapsed, it shall be repealed by law; the procedure shall be disbursed. The period shall not be included in the time limit:

1.

the time during which criminal proceedings against the offender are pending before the Public Prosecutor's Office or the General Court;

2.

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

43. The 5. Section of the II Part with headline is deleted; the 6. Section of this part is given the section label " 5. Section: " .

44. In § 52, the expression "§ 31 (2)" by the expression "§ 31 (1)" replaced.

45. In Section 52a (1), the word order shall be "Do not appeal or" through the phrase "Complaint to the Administrative Court" replaced.

46. § 52b and the title shall be deleted.

47. § 53 (1) first sentence reads:

"The term of imprisonment shall be carried out in the detention room of the authority or authority which has been transferred to the prison in accordance with Section 29a."

§ 53a first sentence reads:

"All orders and decisions relating to the execution of the custodial sentence are to be carried out until the criminal prosecution of the authority or of the authority which has been transferred to the prison sentence in accordance with § 29a."

Section 54b (1) reads as follows:

" (1) Fines or other legal consequences that have been imposed in money shall be paid within two weeks of the entry of the legal force. If no payment is made within this period, it may be admonished by a reasonable time limit of not more than two weeks. After the expiry of this period, the succession shall be completed. If it is reasonable to assume that the penalty is not ready for payment or that the succession is unenforcable, no reminder has to be made and is to be completed immediately or to proceed according to paragraph 2. "

50. The following paragraph 1a is inserted in § 54b:

" (1a) In the event of a reminder in accordance with paragraph 1, a flat-rate fee of five euros shall be paid. The cost contribution will be provided by the local authority, which has to bear the burden of the authority. "

51. § 54b (3) the following sentence is added:

"The payment of the fine in instalments may be allowed only on the condition that all the partial amounts still to be paid shall be due immediately if the penalty is in default with at least two instalments."

52. In Section 55 (1), the phrase "after the expiration of five years after the due date of the criminal case" through the phrase "with the expiry of five years after the entry of the legal force" replaced.

53. § 56 (3) reads:

"(3) The private prosecutor shall have the right to lodge a complaint with the Administrative Court against the cessation."

54. § 56 (4) deleted.

55. In § 57 (3), the phrase "the appeal against the profession of criminal justice" through the phrase "Complaint to the Administrative Court" replaced.

56. In § 64 (1) the word order is deleted "and in any decision of an independent administrative body confirming a criminal awareness," .

57. In Section 64 (2), the phrase "each 1.50" by the amount "10" and the amount "15" by the amount "100" replaced.

58. In § 64 (2) the word order is deleted "for the appeal proceedings with a further 20% of the sentence imposed," .

(59) The following paragraph 3a is inserted in § 64:

" (3a) The costs of an interpreter, in so far as it was necessary to assist in the meetings between the defender and the accused, shall be the cost of an interpreter from that legal entity, in the latter's case, in the latter's case. Full-drawing division of the independent administrative Senate has acted in the matter, in the amount of the provisions of the Fees Act-GebAG, BGBl, which apply to interpreters. No. 136/1975. The fee is to be filed with the independent administrative Senate, which has decided on the request for the forgiveness of a defender. The independent administrative committee shall decide on the application by a single member. "

60. § 64 (3a).

61. In § 64 (5), after the word order "54b para. 1" the phrase " and 1a " inserted.

62. § 65 deleted.

63. In § 66 (1) the word order is deleted "vocation or" .

64. The following paragraph 19 is added to § 66b:

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

1.

Section 26 (2) in the version of the Z 9 with 1 September 2012;

2.

§ 1 para. 2, § 22 including the title, § 26 paragraph 1 in the version of Z 8, § 27 (2a), § 30 (3), first sentence, § 43 (2), § 51 (7), § 55 (1), section 64 (2) in the version of the Z 57 and section 64 (3a) with the end of the month of the customer's presentation Federal law;

3.

§ 19 (1), § 25 (3), § 31, including the title, § 32 (2), § 34, § 37 (1), 2, 4 and 5, § 37a, § 41, § 44 (3) Z 1, § 45 (1), § 47, § 48, § 49a (1), (2) and (6), § 50 (1) and (5a), § 52, § 54b (1), (1a) and (3) and § 64 (5) with 1 July 2013; at the same time, section 21, together with the title, shall not enter into force; in so far as provisions laid down in the administrative provisions relating to criminal orders, anonymity and organ criminal decrees provide for lower limits than § 47, § 49a (1) and § 50 (1), they shall also simultaneously out of force;

4.

§ 24 Second sentence, § 26 in the version of the Z 10, § 30 para. 3, second sentence, § 37 para. 3, § 39 para. 6, § 45 para. 2 first sentence, § 46 para. 1, the section title " 5. Section: " § 52a (1), § 53 (1), first sentence, § 53a first sentence, § 56 (3), § 57 (3), § 64 (1), section 64 (2) in the version of Z 58 and § 66 (1) with 1. January 2014; at the same time § 23, the 5. Section of the II Part including heading, § 52b including the title, § 56 (4), § 64 (3a) and § 65. "

Article 8

Amendment of the Administrative Enforcement Act 1991

The Administrative Enforcement Act 1991-VVG, BGBl. No 53/1991, as last amended by the Security Authorities-New structuring law-SNG, BGBl. I No 50/2012, shall be amended as follows:

1. In Section 1 (1), the following Z 3 shall be inserted:

" 3.

the execution of the findings and decisions adopted by the administrative courts, with the exception of the Federal Financial Court; "

2. § 1 para. 1 Z 3 receives the digit designation "4." .

3. § 1 para. 2 reads:

"(2) In the territory of a municipality for which the State Police Directorate is at the same time the security authority of the first instance, Section 1 (1) and (2) shall also apply to the State Police Directorates in the affairs of their factual area of action."

4. In § 1 para. 2 the word order shall be "and 2" through the phrase "up to 3" replaced.

5. Folding § 1a is inserted:

" § 1a. (1) The enforcement of obligations, the fulfilment of which is in the public interest, shall be carried out by the enforcement authority

1.

if a communication of its own is to be carried out, ex office,

2.

if any other title of enforcement is to be completed, at the request of the body from which he has been deemed to have been issued,

.

(2) The execution of obligations on the fulfilment of which a claim exists shall be initiated at the request of the beneficiary (the creditor of the creditor).

(3) Enforcement shall be carried out ex office. "

6. § 3 (2) reads:

" (2) The enforcement order must be accompanied by an affirmation of the body from which he or she has assumed or the executing authority that he is no longer subject to an enforceability law (enforceability confirmation). Objections to the claim within the meaning of § 35 of the Executive Order-EO, RGBl. No 79/1896, shall be made at the point where the order of enforcement has been assumed. '

7. In § 7, the word "Know" by the word "Enforcement title" replaced.

8. § 10 reads:

" § 10. (1) In the case of the enforcement proceedings, insofar as this Federal law does not provide otherwise, the I. part, with regard to the instruction of the right to appeal, is the § § 58 (1) and (61) and (2). and 3. Section of the IV. To apply the AVG part in a reasonable way.

(2) The appeal to the Administrative Court against the order for enforcement shall not have suspensive effect. "

9. § 11 para. 2, first sentence reads:

"Where enforcement has been initiated in accordance with Section 1a (2) at the request of the beneficiary (operating creditor), the costs shall be borne by that person in the event of the inability of the creditor."

10. § 11 (2), last sentence shall be deleted.

11. In § 11 (4), last sentence, the word order is deleted "by the Authority of First Instance" .

(11) The following paragraph 7 is added to § 13:

" (7) In the version of Art. 8 of the Federal Law BGBl. I No 33/2013 enter into force:

1.

Section 1 (2) in the version of the Z 3 with 1 September 2012;

2.

§ 1a and § 11 (2), first sentence, with the end of the month of the proclamation of this Federal Act;

3.

§ 1 (1), § 1 (2) in the version of the Z 4, § 3 para. 2, § 7, § 10 and § 11 para. 4 last sentence with 1. January 2014; at the same time Section 11 (2) of the last sentence will be repeal. "

Article 9

Amendment of the EU's Administrative Enforcement Act

The EU's administrative law enforcement law-EU-VStVG, BGBl. I n ° 3/2008, shall be amended as follows:

1. In § 2, the point at the end of the Z 8 is replaced by a stroke; the following Z 9 is added:

" 9.

"Framework Decision 2009 /299/JHA", Framework Decision 2009 /299/JHA amending Framework Decisions 2002 /584/JHA, 2005 /214/JHA, 2006 /783/JHA, 2008 /909/JHA and 2008 /947/JHA, strengthening the procedural rights of persons and promoting the application of the Principle of mutual recognition for decisions taken following a negotiation on which the person concerned has not appeared, OJ L 327, 28.4.2002, p. No. OJ L 81 of 27.03.2009 p.24.

2. § 5 para. 2 Z 1 reads:

" 1.

the domestic penalty does not have either assets or income, or is not normally resident in the country, or has its seat there, "

3. § 5 (2) Z 9 reads:

" 9.

in the case of a written procedure, shall not, in the case of a written procedure, be personally or via a representative authorised under the law of the issuing State, notifying his right to contest the decision and the time limits for the decision The right of appeal has been notified in accordance with the legislation of the issuing State, "

4. In Section 5 (2), the names of Z 10 and 11 are given the names "12." and "13." ; the following Z 10 and 11 shall be inserted:

" 10.

, according to the certificate of the criminal offence to the hearing which led to the decision, has not appeared in person, unless the certificate indicates that the offender is in accordance with other procedural provisions of the national law of the issuing State

a)

timely

aa)

either was summoned in person and was informed of the date and place of the hearing which led to the decision, or in some other way actually officially from the date and place provided for by the decision the hearing was informed in such a way that it was unquestionable that he was aware of the trial and that he had been informed of the trial, and that he was not in a position to do so.

bb)

it has been informed that a decision may be taken even if it does not appear at the trial

or

b)

having regard to the trial, a mandate to a lawyer appointed either by the State or by the State, has been given to defend him at the trial and, in the course of the trial of that lawyer, in fact, has been defended or

c)

after the decision has been notified to him and he has been expressly informed of his right to a retrial or to an appeal in which the offence may take part and in respect of which the facts, including: new evidence, re-examined and the original decision to be repealed

aa)

has expressly stated that he does not address the decision or

bb)

no resumption of the procedure within the applicable deadline, or has not applied for an appeal,

11.

has not appeared in person, according to the certificate of the punishment, unless it appears from the certificate that, after having been expressly informed about the procedure and the possibility of appearing in person at the time of the hearing, it is expressly stated that: has stated that he has waived the right to oral hearing and has expressly stated that he does not accept the decision, "

5. § 5 (4) reads:

" (4) Before the executing authority, in the cases referred to in points (1) and (2), (4), (9), (10), (11) and (13), refuses to execute a decision in whole or in part, it shall, in a suitable manner, have the competent authority of the issuing State and, where appropriate, to ask for the immediate transmission of any necessary additional information. '

6. In § 7, the word "Obligated" by the word "Punished" replaced.

7. In § 8 and § 14 (1) the word shall be "of those" in each case by the word "their" replaced.

8. In Section 15, Section 2, Z 1, after the phrase "in the case of application of Article 7" the phrase "the Framework Decision, as amended by Framework Decision 2009 /299/JHA" inserted.

9. point h Z 3 of Appendix 2 is:

" 3.

Indicate whether the person concerned has appeared in person at the trial that led to the decision:

1.

□ Yes, the person has appeared personally at the trial that led to the decision.

2.

□ No, the person has not appeared personally at the trial that led to the decision.

3.

Please indicate the possibility of using one of the following options:

3.1a. The person was personally summoned to the ... (day/month/year) and informed of the scheduled date and place of the trial, which led to the decision, and informed that a decision would be taken even may, if it does not appear at the hearing;

OR

3.1b. the person has not been summoned in person but in some other way has been officially informed of the scheduled date and place of the hearing which led to the decision, in such a way that there is no doubt that , it was established that it was aware of the trial, and that it was informed that a decision may be taken even if it does not appear at the hearing;

OR

3.2. In the knowledge of the trial, the person has a mandate to a lawyer appointed by the person concerned or by the State, to defend them at the trial, and is at the hearing of the hearing. In fact, legal aid has been defended;

OR

3.3. the person was notified of the decision at ... (day/month/year), and it was expressly informed of its right to a retrial or to an appeal to which the person may participate and in which the person who is responsible for the the facts, including new evidence, will be re-examined and the original decision can be repealed; and

the person has expressly stated that he is not in a position to take this decision;

OR

the person has no retrial within the period in force, or does not apply for appeal;

OR

3.4. the person concerned has expressly stated, after having been expressly informed about the proceedings and the possibility of appearing in person at the hearing, that he waived the right to oral hearing and has expressly stated that he has expressly stated that he or she has not received any information. announced that it does not address the decision.

4.

Please give us the possibility to use the option provided under points 3.1b, 3.2, 3.3 or 3.4, as the corresponding condition has been met:

................................................................................................................................................................................................................................................................ ......................................................................................... "

10. The previous text of § 18 will become the sales designation "(1)" , the following paragraph 2 is added:

" (2) § 2 Z 8 and 9, § 5 sec. 2 Z 1, 9, 10, 11, 12 and 13, § 5 para. 4, § 7, § 8, § 14 para. 1, § 15 para. 2 Z 1 and letter h Z 3 of Appendix 2 in the version of the Federal Law BGBl. I No 33/2013 will enter into force with the end of the day of the presentation of this Federal Law. "

Article 10

Amendment of the Delivery Act

The Delivery Act-ZustG, BGBl. No 200/1982, as last amended by the Budgetbegleitgesetz 2011, BGBl. I n ° 111/2010, is amended as follows:

1. § 2 Z 1 reads:

" 1.

"recipient" means the person designated by the authority in the delivery order (§ 5), in particular as such; "

2. § 2 Z 6 and 7 reads:

" 6.

"Post": Österreichische Post AG (§ 3 Z 1 of the Postal Market Act-PMG, BGBl. (I) No 123/2009);

7.

"delivery service" means a universal service operator (§ 3 Z 4 PMG); "

3. § 10 together with the title is:

" Delivery Plenipotentiary; Delivery by sending

§ 10. (1) Parties and interested parties who do not have a domestic discharge authority may be applied by the Authority within a period of at least two weeks in respect of certain or all of the pending or pending cases of the competent authority of that authority. Procedures shall be made by a person with an authorisation to be appointed. If the party or the party concerned does not comply with this order within the time limit, the delivery can be made without proof of delivery by sending the documents to a delivery address known to the authority. A document sent shall be deemed to have been sent to the delivery service two weeks after the delivery. This legal sequence shall be indicated on the order.

(2) A service as referred to in paragraph 1 shall no longer be allowed as soon as the party or the person concerned

1.

has made a name for an appointing agent, or

2.

has a domestic delivery point and has disclosed it to the Authority. "

4. In Section 11 (2), the word order shall be "Foreign Affairs" through the phrase "European and international affairs" replaced.

Section 18 (1) Z 1 shall be added to the following sentence:

"in this case, the new address of the addressee shall be noted on the proof of delivery (delivery note, return note);"

6. § 19 together with the title is:

" Return, Forwarding and Destruction

§ 19. (1) Documents which cannot be delivered nor to be sent, or which have been delivered by deposit but have not been collected, shall either be returned to the sender, to a notice announced by the sender for that purpose. To send a place or to destroy it on the order of the sender.

(2) On the proof of delivery (delivery note, return receipt) the reason for the return, re-dispatch or destruction shall be noted. "

7. In § 22 (2) and (4) and § 35 (3) last sentence, the phrase "the Authority" through the phrase "the sender" replaced.

8. In § 25 (1), first sentence, the word "Stop" by the word "Customer" replaced.

9. In § 25 (1), second sentence, the word order shall be "the attack" through the phrase "the proclamation" replaced.

10. In § 27 Z 2, the word order shall be "to use" by the word "usable" replaced.

11. In § 29 (1) Z 7 and 11, the phrase "the Authority" through the phrase "the sender" replaced.

12. In § 29 (1) Z 8, the phrase "the Authority" through the phrase "From the sender" replaced.

(13) The following paragraph 8 is added to § 40:

" (8) § 2 Z 1, 6 and 7, § 10 with title, § 11 para. 2, § 18 para. 1 Z 1, § 19 with title, § 22 para. 2 and 4, § 25 para. 1, § 27 Z 2, § 29 para. 1 Z 7, 8 and 11 and § 35 para. 3 last sentence in the version of the Federal Law BGBl. I No 33/2013 shall enter into force with the end of the month of the presentation of this Federal Law. "

Article 11

Amendment of the Financial Criminal Law

The Financial Criminal Law-FinStrG., BGBl. No 129/1958, as last amended by the Administrative Jurisdibility Novel 2012, BGBl. I No 51/2012, shall be amended as follows:

1. § 254 (1) reads:

" (1) For the area of national and communal tax criminal law, § 29 and the Administrative Code Act 1991-VStG, BGBl apply. No. 52/1991. '

2. The following paragraph 1t is added to § 265:

" (1t) § 254 (1) in the version of the Federal Law BGBl. I No 33/2013 is 1. Jänner 2014 in force. "

Article 12

Amendment of the Executive Order

The Executive Order-EO, RGBl. No 79/1896, as last amended by the Security Authorities-restructuring law-SNG, BGBl. I No 50/2012, shall be amended as follows:

1. § 1 Z 10 reads:

" 10.

Decisions of the managing authorities on private-law claims, insofar as they are enforceable in accordance with the applicable rules and the execution is referred to the ordinary courts by law; "

2. § 1 Z 12 reads:

" 12.

Modest administrative authorities and findings and decisions of the Administrative Court and the Constitutional Court, insofar as they are enforceable in accordance with the rules in force and the execution by legal provisions of the is referred to in ordinary courts; "

3. § 1 Z 12 reads:

" 12.

Modest administrative authorities, findings and decisions of the Administrative Courts, the Administrative Court and the Constitutional Court, in so far as they are enforceable in accordance with the rules in force and the execution of the execution by the legal provisions shall be referred to the ordinary courts; "

4. § 1 Z 14 reads:

" 14.

Decisions of the administrative authorities and courts referred to in Z 10 and 12 imposing financial penalties, fines or the replacement of the costs of proceedings, provided that they are enforceable in accordance with the rules in force and which: Execution shall be referred to the ordinary courts by legal provisions; "

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

" (3) In the version of Art. 12 of the Federal Law BGBl. I No 33/2013 enter into force:

1.

§ 1 Z 10, § 1 Z 12 in the version of the Z 2 and § 1 Z 14 with the expiry of the month of the customer's presentation of this federal law;

2.

§ 1 Z 12 in the version of the Z 3 with 1. Jänner 2014. "

Article 13

Amendment of the Federal Ministries Act 1986

The Federal Ministries Act 1986-BMG, BGBl. No. 76/1986, as last amended by the 2nd Stability Act 2012-2. StabG 2012, BGBl. I No 35/2012, shall be amended as follows:

1. § 16a shall receive the paragraph "§ 17." ; § 17 is deleted.

2. In Section 17b (20) (1) (1), after the expression: "Section H (new)" the phrase "together with headline" inserted.

The following paragraphs 23 and 24 shall be added to Article 17b:

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

1.

Section L Z 40 of Part 2 of the Appendix to § 2 with 1 February 2009;

2.

Section A Z 2 of Part 2 of the Appendix to § 2 with 25 April 2012;

3.

the new paragraph of section 16a (new), the headings relating to § 2, to parts 1 and 2 of this Appendix and to sections A to M of these parts, Section A Z 3 of Part 2 of the Appendix to Section 2 and Section D Z 2a of Part 2 the Appendix to § 2 with the expiry of the month of the customer's presentation of this Federal Act; at the same time, § 17 repeals.

(24) With 1. Jänner 2014 will be taken over to the Federal Chancellery by those employees of the Federal Procurement Office who have to obtain non-judicial tasks. At the request of a member of the staff concerned, the Federal Minister for Economic Affairs, Family and Youth shall determine whether the staff member had to obtain such tasks from the Federal Procurement Office at the end of the 31 December 2013. The staff of the Federal Chancellery who have been transferred to the Federal Chancellery shall be assigned, unless important service interests are concerned, a use within the remit of the Federal Administrative Court, which shall at least include the use of the staff member is equivalent. "

4. The headings relating to the Appendix to § 2, to Parts 1 and 2 of this Appendix and to sections A to M of these parts are given a uniform format (upper and lower case of the words, fat, not underlined).

5. In Section A Z 2 of Part 2 of the Appendix to § 2, the word shall be: "Audiovisionelle" by the word "Audiovisual" replaced.

6. In Section A, Z 3 of Part 2 of the Appendix to § 2, the facts of the event shall be: "Matters of constitutional and administrative jurisdiction" by the facts "Affairs of the Constitutional Court; matter of administrative jurisdiction with the exception of the affairs of the Federal Financial Court" replaced.

7. In Section D of Part 2 of the Appendix to § 2, the following Z 2a is inserted:

" 2a.

Federal Financial Courts. "

8. In Section I Z 6 of Part 2 of the Appendix to § 2, before the word order "the agricultural authorities" the word "Procedure" inserted.

9. In Section L Z 40 of Part 2 of the Appendix to § 2, the closing quotation mark is deleted after the closing point of the last sub-state.

Article 14

Amendment of the Official Liability Act

The Official Liability Act, BGBl. No 20/1949, in the version of the BGBl pressure error correction. I n ° 194/1999, is amended as follows:

1. The title is: