Federal Administrative Court Act - Bvwgg

Original Language Title: Bundesverwaltungsgerichtsgesetz - BVwGG

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10. Federal Act on the Organization of the Federal Administrative Court (Bundesverwaltungsgericht-BVwGG)

The National Council has decided:

table of contents

1. Main item
Organisation of the Federal Administrative Court

Section 1
Seat and composition of the Federal Administrative Court

§ 1.

Seat and external offices

§ 2.

Composition of the Federal Administrative Court and appointment of the members

Section 2
Institutions of the Federal Administrative Court

§ 3.

President

§ 4.

General Assembly

§ 5.

Head of the external offices

§ 6.

Single judge

§ 7.

Senate

§ 8.

Consultation and voting

§ 9.

Duties of the Chairperson and the members of a senate

§ 10.

Personnel Senate

§ 11.

Business Distribution Committee

§ 12.

Expert lay judges

§ 13.

Right-wing

§ 14.

Official

Section 3
Tour and management of the business of the Federal Administrative Court

§ 15.

Business Distribution

§ 16.

Court departments and chambers

§ 17.

Assignment and acceptance of cases

§ 18.

Management

§ 19.

Rules of

§ 20.

Publication

Section 4
Electronic Legal Transport

§ 21.

Section 5
Controlling and reporting

§ 22.

Controlling

§ 23.

Business statements

§ 24.

Activity Report

2. Main piece
Final provisions

§ 25.

References

§ 26.

Linguistic equality

§ 27.

entry into force

§ 28.

Transitional provision for the first occupancy of the Federal Administrative Court

§ 29.

Enforcement

1. Main item

Organisation of the Federal Administrative Court

Section 1

Seat and composition of the Federal Administrative Court

Seat and external offices

§ 1. (1) The Federal Administrative Court shall have its seat in Vienna.

(2) The Federal Administrative Court has external offices in Graz, Innsbruck and Linz.

Composition of the Federal Administrative Court and appointment of the members

§ 2. (1) The Federal Administrative Court shall consist of the following members:

1.

the President,

2.

the Vice-President, and

3.

the other members.

(2) The President, the Vice-President and the other members shall be appointed by the Federal President on a proposal from the Federal Government.

(3) Prior to the reimbursement of proposals for the posts of the President and the Vice-President, the candidates shall be composed of a representative of the Federal Chancellor, another representative of a Federal Ministry, two representatives of the Science with academic teaching qualification of a legal scholarly subject at a university, as well as the President of the Constitutional Court, the Administrative Court and the Supreme Court, or one of them respectively responsible person for a hearing. The Commission has to recommend to the Federal Government at least three candidates for the pre-payment.

(4) Prior to the reimbursement of proposals for the posts of other members, the Federal Government has to seek three-way proposals of the Staff Council.

Section 2

Institutions of the Federal Administrative Court

President

§ 3. (1) The President shall direct the Federal Administrative Court, exercise the administrative supervision of the entire staff and carry out the judicial administrative transactions for the Federal Administrative Court, insofar as these are not due to this Federal Act by other institutions are to be done. In particular, he also takes on the duties of service authorities and the tasks of the internal audit (Section 78a of the Court Organization Law-GOG, RGBl. No. 217/1896). It is also the responsibility of the President, in full respect of judicial independence, to take account of the most uniform case-law.

2. The President shall, in his duties, be appointed by the Vice-President, by the Vice-President and, if necessary, by other members of the Vice-President, in accordance with the division of business for the management of justice to be carried out by him. Federal Administrative Court supported and represented. Inclusion shall be required, except in the case of the Vice-President and the President of the Chamber, of the consent of the other Member concerned and may be revoked at any time by the President. When carrying out the duties assigned to them, the other members shall be bound by the instructions of the President.

(3) Where the President is prevented, he shall be prevented by the Vice-President, even if he is prevented, from the chamber chairman or other member appointed after the division of business for judicial administrative matters throughout his or her entire territory. Effective area represented. This shall apply even if the post of the President or Vice-President is not occupied.

(4) The President and the Vice-President may, in addition to their judicial administrative duties, also act in the case-law in so far as this does not impair the concerns of their judicial management tasks.

(5) § § 1 to 14 of the GOG are to be applied in a reasonable way.

General Assembly

§ 4. (1) The members of the Federal Administrative Court (Bundesverwaltungsgericht) (§ 2 para. 1) together form the General Assembly.

(2) The General Assembly shall be responsible for the following tasks:

1.

Election of election members and replacement members of the Staff Council;

2.

Choice of disciplinary arsenal;

3.

Election of electoral members and replacement members of the business distribution committee;

4.

Election of electoral members and substitute members of the controlling committee;

5.

Election of the members and substitute members of the service;

6.

Decision-making on the Rules of Procedure, on a proposal from the Committee on Management;

7.

Decision-making on the activity report.

(3) The President shall convene the General Assembly at its meetings and shall chair it. The deliberations and votes of the General Assembly shall not be public.

(4) Each member shall be entitled to submit applications in the General Assembly. The other Members shall be free to submit countermotions or amendments to these applications. All applications shall be justified.

(5) The Chairman shall determine the order in which the applications are to be put to the vote and the order in which the votes are submitted.

(6) Unless otherwise specified in this Federal Act, a decision of the General Assembly shall require the presence of at least half of the members and a simple majority of the votes cast. A abstention is inadmissible. In the event of a tie, the Chairman's vote shall indicate the rash. In the case of paragraph 2 (7), a decision-making procedure shall be admissible; detailed rules shall be laid down in the Rules of Procedure.

(7) The consultation and vote of the General Assembly shall be subject to a protocol.

Head of the external offices

§ 5. (1) The President shall appoint the heads of the external offices after hearing the Staff Council from the district of the members of the Federal Administrative Court, which are active in the respective branch office (Section 1 (2)), for a period of six years. The appointment shall be subject to the agreement of the Member concerned. The head of a branch office may be dismissed at any time by the President for important service reasons.

(2) The head of the branch office shall carry out the duties assigned to the President pursuant to section 3 (1) under the responsibility of the President for the area of the external office. Without prejudice to the judicial independence of the head of the branch office as a member of the Federal Administrative Court, he shall be subject to the instructions of the President in the performance of duties as head of the external office.

(3) The head of the branch office shall be assisted and represented in his duties in accordance with his provisions by a deputy and, if necessary, by other members of the Federal Administrative Court, who are active in the branch office. With regard to the appointment and dismise of the Deputy of the Head, paragraph 1 shall apply. An inclusion-except in the case of the deputy-requires the consent of the member concerned and can be revoked at any time by the head of the external office. In the event of such delegated tasks, the members entrusted with this task shall be bound by the instructions of the head of the branch office.

Single judge

§ 6. The Federal Administrative Court decides by a single judge, unless the decision is provided by Senate in federal or state laws.

Senate

§ 7. (1) The Senate shall consist of one member as chairman and two other members as co-sitters. At least one deputy of the chairman and at least two substitute members (substitute) shall be appointed for each senate.

(2) If the participation of competent lay judges in federal or state laws is provided for in the case-law, these are to be used as a co-sitter instead of the members in accordance with the business distribution. If the participation of more than two competent lay judges is provided in federal or state laws, the senate must be enlarged accordingly.

(3) If a member of the senate is prevented, the chairman shall have the entry of the substitute member provided for in the business distribution.

(4) The activities of the President and Vice-President in a Senate shall be subject to their consent.

Consultation and voting

§ 8. (1) A Senate is quorum if the Chairman and the members of the Senate are present. Prevented members of the Senate are to be represented by the substitute members (deputies, substitute members) in the order specified in the business distribution.

(2) Consultation and voting shall be chaired by the Chairman. The consultation and vote is not public.

(3) Each member of the Senate shall be entitled to submit applications in the consultation. The other members of the Senate are free to submit countermotions or amendments to these applications. All applications shall be justified.

(4) The Chairman shall determine the order in which the applications are to be put to the vote and the order in which the votes are submitted.

(5) A majority of the votes cast shall be required for a decision of the Senate. A abstention is inadmissible.

(6) A protocol should be carried out on consultation and voting.

Duties of the Chairperson and the members of a senate

§ 9. (1) The Chairman shall head the operations of the Senate and shall carry out the proceedings until the hearing. The necessary decisions do not require a Senate decision. He decides whether an oral hearing is to be held, opened, leads and closes the proceedings. He announces the decisions of the Senate, undertakes the written copies, works out the draft discharge, and makes the decision in the Senate.

(2) If at least half of the co-sitters agree to the chairman's first draft, the chairman shall draw up the decision. Otherwise, a co-sitter who is not in agreement with the draft resolution shall, within two weeks, draw up a draft notice and submit it to the chairman. If at least half of the other senate members agree to this draft, the co-sitter shall draw up the decision. If this is not the case, or if the co-sitter has not submitted the draft notice within two weeks, the chairman has to entrust another co-sitter with the preparation of a draft agreement or to draw up such a draft agreement himself.

(3) In the case of a competent amateur judge in the Senate, the Chairman shall be responsible for the work of the Chairman of the Executive Committee.

Personnel Senate

§ 10. (1) The Staff Senate shall consist of the President, the Vice-President and five members elected by the General Assembly from among their members (members of the election). For the members of the election, 15 substitute members shall be elected by the General Assembly from their centre.

(2) In addition, the provisions of the Judge and Public Prosecutor's Service Act-RStDG, BGBl, are based on the composition, election and management of the Staff Regulations. No 305/1961, on the basis of which staff senates should be applied.

Business Distribution Committee

§ 11. (1) The Business Distribution Committee shall consist of the President, the Vice-President and five members elected by the General Assembly from among their members (members of the election). For the members of the election, 15 substitute members shall be elected by the General Assembly from their centre.

(2) In addition, the composition, choice and management of the business distribution committee shall be subject to the provisions of the RStDG on staff senate.

Expert lay judges

§ 12. (1) The Office as an expert lay judge is an honorary office. No one shall be obliged to accept such an office.

(2) The competent lay judges must be Austrian citizens and fully capable of action. They may not have been legally convicted of an intentional offence, unless the penalty is satisfied or the conditions set out in § 6 of the 1972 Tilgungsgesetz, Federal Law Gazette (BGBl). N ° 68/1972, are available. Section 208 (1) of the RStDG shall apply mutatily.

(3) The expert lay judges shall be appointed by the Federal Chancellor for a period of six years. They shall be taken by the President before their office is issued. The office begins with the Angelobung. Reorder is allowed.

(4) For each expert lay judge, at least one substitute judge shall be ordered in the same manner and under the same conditions. The adjudicating judge shall represent the expert lay judge in the event of his prevention.

(5) The Office shall end as an expert lay judge or a substitute judge

1.

at the end of the order period, but when the order of the following specialist lay judge or substitute judge takes place after that date, with the entry into office of the following expert lay judge or substitute judge, and if the has participated in a public oral proceedings in the proceedings before the competent lay judge or a substitute judge,

2.

by death,

3.

by surrender or

4.

by impeachment.

(6) The waiver shall be declared to the President in writing. It shall be irrevocable one week after the date of the declaration of renunciation and, if no later date is indicated in the waiver.

(7) The Staff Senate shall have to contain a competent lay judge or a substitute judge of his office, if he/she

1.

is losing one of the statutory requirements for employment,

2.

it is no longer able to carry out its judicial tasks because of its health condition,

3.

Repeatedly neglects the duty of duty, or

4.

, a behaviour which is incompatible with the reputation of the Office.

(8) The competent lay judges and the substitute judges shall be independent in the performance of their duties; they shall be entitled to the full extent of the powers conferred by the Office of the Judicial Office.

(9) The competent amateur judges and substitute judges shall be entitled to compensation for the performance of their duties. The Federal Chancellor shall determine the amount of this compensation by means of a regulation.

Right-wing

§ 13. (1) Non-official staff members who:

1.

suitable for self-employed party transport,

2.

are fully acquainted with the execution of matters of the place of business,

3.

have successfully completed such training, and

4.

be able to reliably obtain preparatory acts on these matters,

may, if necessary, be entrusted with the issue of matters of jurisdiction.

(2) The Federal Chancellor shall issue a certificate to a non-official servant who satisfies the conditions set out in paragraph 1 above. The documents to be transferred shall be designated in the document.

(3) The Federal Chancellor shall have the right to dissume the non-official servant concerned from carrying out the transactions entrusted to him if he no longer fulfils the personal conditions required for the transfer in the long term. In this case, the Federal Chancellor shall return the document within three days from the date of service of the date of the decision.

(4) The President shall determine, as required, in which court department, to what extent, and in which matters a staff member shall be used as a legal carrier. The division of the business within the judicial department shall be effected by the member.

(5) The legal entity is bound by the instructions of the member responsible for the distribution of the business; § 8 and § § 9 (2) and (10) of the Act on the Rights of the Law-RpflG, BGBl. No 560/1985, apply mutatily. The member responsible for the distribution of the business may reserve or withdraw the execution of such transactions in an unlimited way; if the right-wing party is caught, it has to do so.

Official

§ 14. The Federal Administrative Court is in the cases of the first sentence of Article 131 (2) and (4) (2) of the Federal Constitutional Law-B-VG, Federal Law Gazette (BGBl). No. 1/1930, which is available in the area of the Federal Office of the Federal Government of the Federal Republic of Germany.

Section 3

Tour and management of the business of the Federal Administrative Court

Business Distribution

§ 15. (1) Before the end of each business distribution year, the business distribution committee shall decide on the distribution of business for the next financial year of business. The business distribution year starts on February 1 and ends at 31. Jänner of the following year. The business distribution has to be determined:

1.

whether the members of the Federal Administrative Court are to be used in a workplace at the office of the seat or in a branch office, with the members assigned a job in the other service only with their consent shall be allowed;

2.

the chairpersons and co-chairs of the Senate, as well as the substitute members (substitute members, substitute members) and the order in which they are to be entered;

3.

the distribution of the judicial transactions to which the Federal Administrative Court applies to the individual judges and senates;

4.

the establishment of chambers and their business areas, as well as the individual judges and senates assembled in the individual chambers.

(2) The President shall lay down a draft business distribution for the next business distribution year from 2 November to 25 November, including the time limit for consideration (deadline). Each member of the Federal Administrative Court is entitled to file written objections against the draft during the consultation period. The objections must include an explanatory statement and a request for amendment. The Business Distribution Committee has to advise on objections before the business distribution decision. A separate decision-making on objections has to be maintained. To the extent that the business distribution decision deviates from the draft or does not take into account objections, it must be justified. The justification shall be as soon as possible after the decision is taken, but in any case in the period of 1. until 15 February, to be prepared for inspection.

(3) The distribution of the transactions referred to in paragraph 1 Z 3 shall be carried out in such a way as to achieve as uniform as possible the workload of all the individual judges and Senate of the Federal Administrative Court, with the performance of representative tasks or of It must take due account of the tasks of the administration of justice and ensure that the legal protection interests of the parties are safeguested. Cases in which an oral hearing has already taken place must be left in the case of the individual judge or Senate from which they have so far been held.

(4) Due to changes in the staff level, due to overloading or low employment of individual members or senates or for other important reasons, the business distribution of the business distribution committee may also be during the The business distribution year is changed. In this case, cases in which an oral hearing has already taken place are to be brought to an end by the previous individual judge or Senate. If possible, the senates are to meet in the same composition as before.

(5) In the event of changes to the distribution of the business within the meaning of paragraph 4, which the business distribution committee decides not to make within six weeks, the President shall make such changes by obtaining a provisional distribution of the business. In such a case, the President shall immediately convene the business distribution committee for decision-making on the final distribution of the business, at a meeting no later than four weeks after the provisional distribution of the business has been issued. have been accepted. The decision on the final distribution of business shall not apply to the provisional distribution of the business.

(6) If the business distribution committee has not decided to distribute the business until the end of the business distribution year, the current distribution of business shall continue to apply until the decision is taken on a new business distribution.

(7) The distribution of the business is to be laid down by the President for general inspection and may also be made publicly available in other ways.

(8) The business distribution overview shall be broken down according to the ascending numbering of the court departments and chambers (§ 16). In it are to be shown:

1.

the names of the individual judges and their representatives;

2.

the names of the chairpersons and co-sitters of the Senate and the names of the substitutes and substitute members;

3.

the business areas allocated to the individual judges and the senates;

4.

the business areas of the Chambers, as well as the individual judges and senates of the individual Chambers;

5.

in the case of a number of business departments, those for the judicial department or Chamber responsible business unit of the office;

6.

the names and business areas of the jurisdictions as well as the legal department they are assigned to.

The business distribution overview is to be prepared for public consultation by means of a notice on the official panel.

Court departments and chambers

§ 16. (1) For each individual judge and senate, a judicial department shall be opened. For the president, the vice president, the head of the evidence office and the head of the controlling body, court departments are to be opened with their approval. The business distribution of the Federal Administrative Court has also to contain regulations for the representation of the individual court departments, with a sufficient number of representatives and the order in which the head of the court department is responsible for the Representatives shall be required to enter.

(2) In the division of business, provision should be made, on a proposal from the President, that the court departments (single judges and senates) should be grouped together on the basis of the factual relationship between their business and business. The President of the Chamber and their alternates shall be appointed by the President after hearing the Staff Council for a period of six years and may be dismissed by the President at any time on important official grounds. The appointment shall be subject to the agreement of the Member concerned. If a chamber is dissolved, the office of the president of the chamber and of the deputy will end.

(3) The President of the Chamber shall conduct the Chamber in accordance with the division of business for judicial administrative matters and shall, under the responsibility of the President, in full respect of judicial independence, lead to the most uniform possible To take account of jurisprudence within the Chamber. The President of the Chamber has to support the President in the affairs of Section 18 (3). The President of the Chamber has to report to the President and the Head of the Evidence Body on findings or decisions deviating from the previous case-law.

Assignment and acceptance of cases

§ 17. (1) Each case in the Federal Administrative Court shall be assigned to the individual judge or senate responsible for the distribution of the business.

(2) If the individual judge or the chairman of the Senate is to give the President his or her partiality, the case shall be assigned to the member responsible for the distribution of the business after the distribution of the business. If a co-sitter or a right-wing party indicates his or her bias to the President, the President shall inform the relevant individual judge or chairman of the Senate.

(3) The business distribution committee may depart from a single judge or Senate a case accruing to it if the individual judge or senate prevents or because of the extent of his duties at the execution of the latter within a an adequate period of time.

Management

§ 18. (1) In order to support the proper management of the Federal Administrative Court, the President shall set up a Presidential Office, an evidence body, a controlling body and a business office.

(2) The Presidential Office shall assist the President and the Vice-President in the concern of the tasks assigned to them in accordance with § 3.

(3) The evidence body must document all findings and decisions of the Federal Administrative Court as well as, if necessary, decisions of other courts and authorities as well as the relevant literature in a clear and clear manner. The members of the Federal Administrative Court act on the preparation for publication (§ 20) with regard to the decisions taken by them as a single judge or chairman of a senate. After hearing the Staff Council, the President shall appoint a member of the Federal Administrative Court to the Head of the Evidence Body and another Member to the Deputy Head of the Head. If the head of the evidence point is prevented, he will be represented by the deputy in his entire scope of action. The head of the evidence body and the deputy may be dismissed by the President at any time from this function for important service reasons. The head of the evidence point has to report to the President on findings or decisions deviating from the previous case-law. In accordance with the President's specifications, he is responsible for the organisation and monitoring of the activities of the Evidenzstelle.

(4) The Office shall be responsible for the running of the office of the Federal Administrative Court and shall be appointed to assist the members of the Federal Administrative Court; it shall be headed by the Head of the Office. The head of the office shall, in accordance with the instructions of the President, direct the entire service to the office and shall assist the President in the oversight of the staff of the office. The Office shall comprise, in accordance with the division of the Office to be issued by the President, the divisions for the court departments and the Chambers, as well as other departments for duties outside the Courts and Chambers for the purposes of the whole court is going to be concerned. In the event of disagreement between the head of a judicial department or a chamber chairman and the head of the office, the President shall decide.

(5) The division of business for the office of the President to be issued by the President (paragraph 5) 4) should be included in the business distribution overview (section 15 (8)).

(6) The manager and the other staff employed in the business department shall have the official instructions of the individual judge or chairman of the senate who directs the relevant court department and the official orders of the Chamber Chairperson. The management of the judicial department or chamber shall also include the duty of supervision of the associated business departments.

(7) The provisions on the proper management of the field of external offices under the responsibility of the Head (§ 5) must be made in the Rules of Procedure.

Rules of

§ 19. The rules on the management and business of the Federal Administrative Court are to be laid down in the Rules of Procedure. In the Rules of Procedure, it is possible, in particular, to determine when (office hours) and where (office at the seat, outside office) pleadings can be submitted to the Federal Administrative Court. The Rules of Procedure shall be adopted by the General Assembly on a proposal from the Committee on the Distribution of Commerce, and shall be laid down by the President for general inspection; this may also be made publicly available in other ways.

Publication

§ 20. Findings and decisions, which are not merely procedural, are to be published in anonymised form in the Federal Government's Legal Information System (RIS).

Section 4

Electronic Legal Transport

§ 21. (1) The pleadings may also be effectively introduced by means of the electronic legal system established under this section. In lieu of written copies of the accusations and instead of copies of entries which have been submitted electronically, the Federal Administrative Court may submit the data contained in it to the Einschreiter, the submissions in the electronic legal transactions under this section, shall be transmitted by electronic means of legal action.

(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.

(3) The Federal Chancellor, in accordance with the technical and organisational possibilities as well as with the acceptance of a simple and economical administration and a security against abuse, has the more detailed procedure in the electronic introduction of Regulate the writing and transmission of copies of the Federal Administrative Court's errands by 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 copies of charges are brought into force by electronic means of legal action, or shall be transmitted.

(4) To the extent that this is provided for in the Regulation referred to in paragraph 3 above,

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).

(5) The copies of the duties of the Federal Administrative Court, which are to be forwarded in the electronic legal system, are with the official signature of the Federal 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 referred to in paragraph 3. The provisions of the Signature Act-SigG, BGBl. I n ° 190/1999, shall apply mutatily.

(6) 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.

(7) Records submitted by electronic means of law shall be deemed to have been submitted to a federal authority or to the Federal Administrative Court if their data have been entered in the entirety of the Bundesrechenzentrum GmbH. If provision is made for the pleadings to be passed via a transfer point (paragraph). 3), and if they are actually fully entered in this way at the Bundesrechenzentrum GmbH, they shall be deemed to have been submitted to the Federal Office or the Federal Administrative Court at the time when the transmitting authority is responsible for the A provider has resigned that it has taken over the data of the written record for forwarding to the Bundesrechenzentrum GmbH (Bundesrechenzentrum GmbH).

(8) At the time of delivery, electronically transmitted copies of charges of the Federal Administrative Court and submissions (paragraph 1) 1) the following working day shall apply to the entry into the electronic control area of the consignee, whereby Saturdays shall not be considered as working days.

(9) In addition, § § 89a to 89g of the Law of the Judith Organization-GOG, RGBl. No 217/1896, apply mutatily.

Section 5

Controlling and reporting

Controlling

§ 22. (1) In order to ensure the proper, economic, economical and efficient administration of the tasks of the Federal Administrative Court, the controlling authority and the controlling committee shall be appointed.

(2) The President shall, under his responsibility, set up a controlling body. After hearing the Staff Council, the President shall appoint a member of the Federal Administrative Court to the Head of the Controlling Office and another Member to the Deputy Head of the Head of the Head of the Office. If the head of the controlling point is prevented, he will be represented by the deputy in his entire scope of action. The head of the controlling body and the deputy may be dismissed by the President at any time from this function for important service reasons. § 3 (2).

(3) The controlling body shall assist the institutions of the Federal Administrative Court in their decisions, in full respect of judicial independence, in particular by the use of capacity and efficiency, the appearance and the The functioning of the internal administration of the Federal Administrative Court as well as its structure-and aburganisation conditions in the form of an accompanying controlling, determines deviations from the desired state and analyses its causes.

(4) The controlling committee shall consist of a chairperson, a deputy and five other members, who shall be elected by the General Assembly from their midst for a term of four years. In the Rules of Procedure, the more detailed rules on the chairmanship of the Presidency, in particular the election of the chairman and his deputy, must be laid down. For the other members, 15 substitute members are to be elected from the plenary assembly. In addition, the provisions of the RStDG on staff senate should be applied in the appropriate way to the election and management of the controlling committee.

(5) It is the responsibility of the controlling committee to provide advice on the results of the controlling of the controlling body, which are to be submitted to it once a year by the President, and on the basis of these findings the preparation of recommendations to the controlling body. Presidents and the relevant institutions of the Federal Administrative Court.

(6) In the case of the reimbursement of recommendations and proposals, care should be taken to ensure that there is no appearance of influence on the area reserved for judicial proceedings. The Rules of Procedure may provide that the recommendations shall also be made available to Members.

Business statements

§ 23. The individual judges and chairpersons of the Senate shall report to the President on a quarterly basis on the number of cases completed in the last three months and on the nature of the discharge made in these cases and after the expiry of a every calendar year, all 1. To expel January pending legal cases (business card). On a case-by-case basis, they shall report separately to the President on a reasoned request.

Activity Report

§ 24. The Federal Administrative Court shall, for each calendar year, draw up a report on its activities and on the experience gained. The President shall submit a draft activity report of the General Assembly for decision-making. The activity report decided upon by the General Assembly shall be submitted by the President to the Federal Chancellor. On the occasion of the presentation of the activity report, the President has also to report to the Federal Chancellor on the area of judicial administration.

2. Main piece

Final provisions

References

§ 25. 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

§ 26. 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.

entry into force

§ 27. (1) This federal law shall enter into force 1. Jänner 2014 in force. At the same time, the Asylum Court Act-AsylGHG, BGBl. I n ° 4/2008, except for force.

(2) The election and replacement members of the first business distribution committee shall be elected by 1 November 2013 as far as possible by the General Assembly from the centre of the appointed members and the members of the General Assembly appointed pursuant to Art. 151 (51) (7) B-VG Asylum Court to be elected. Until 20 December 2013, the company has the first business distribution for the activity period of 1. Jänner 2014 to 31. Jänner 2015 to decide.

(3) With 1. Jänner 2014 members of the Federal Administrative Court (Bundesverwaltungsgericht) of the Asylum Court may only be entrusted with the consent of the Office of the Federal Administrative Court in carrying out the duties of a job in a branch of the Federal Administrative Court. Members of the Asylum Court appointed for use at a post office in the office of the Asylum Court may, with the exercise of the duties of a workplace, be appointed in the office of the office of office or in another branch of the office of the Federal Administrative Courts are only entrusted with their consent.

Transitional provision for the first occupancy of the Federal Administrative Court

§ 28. (1) The members of the Asylum Court shall be effective from 1. Jänner 2014 to the members of the Federal Administrative Court.

(2) Anyone who is Chairman, Vice-Chairman or Senate Chairman of the Federal Procurement Office on 1 July 2012 may submit an application for appointment to the other member of the Federal Administrative Court by the end of 31 December 2012. The Federal Government will decide on the appointment of such candidates until 28 February 2013.

(3) The Federal Government has to say that such applicants are not appointed as a member of the Federal Administrative Court if, taking into account their previous use as a member of the Federal Procurement Office, the Federal Government has personal and professional competence for the performance of the tasks associated with the intended use as a member of the Federal Administrative Court, cannot be expected. The applicant may complain against such a decision pursuant to Art. 130 (1) (1) (1). a B-VG at the Administrative Court and in accordance with Art. 144 B-VG to be levied at the Constitutional Court.

(4) If a communication pursuant to paragraph 3 is issued, it shall also be decided in the Federal Service on the further use of the person concerned, without prejudice to his/her position on the service of the Federal Office of the Federal Republic of Germany.

(5) If further judicial or non-judicial posts are to be filled, these are to be found by the President of the Federal Administrative Court on the website "Career Public Service" and in the "Official Journal" of the Vienna Article 5 (3) of the Law on Tendering for 1989-AusG, BGBl. No 85/1989. Applications for applications must be submitted to the President of the Federal Administrative Court. The appointment as a member shall be effective from 1. Jänner 2014.

Enforcement

§ 29. The Federal Chancellor shall be responsible for the enforcement of this Federal Act, unless otherwise specified therein.

Fischer

Faymann