Federal Administrative Court Act - Bvwgg

Original Language Title: Bundesverwaltungsgerichtsgesetz - BVwGG

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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_10/BGBLA_2013_I_10.html

10 federal law on the Organization of the Handelshof (Federal Administrative Court Act - BVwGG)

The National Council has decided:

Table of contents



1 piece of the main organization of the Handelshof







1. section seat and composition of the Handelshof







§ 1.





Headquarters and field offices







§ 2.





Composition of the Handelshof and appointment of members







2. cut out organs of the Handelshof







§ 3.





President







§ 4.





General Assembly







§ 5.





Head of the branch offices







§ 6.





Single judge







§ 7.





Senate







§ 8.





Consultation and coordination







§ 9.





Duties of the Chairman and the Member of a Senate







§ 10.





Staff Senate







§ 11.





Business distribution Committee







§ 12.





Specialized magistrates







§ 13.





Registrars







§ 14.





Experts







3. section course and conduct of business of the Handelshof







§ 15.





Business distribution







§ 16.





Court departments and Chambers







§ 17.





Assignment and acceptance of cases







§ 18.





Business leadership







§ 19.





Rules of procedure







§ 20.





Publication







4 section electronic justice







§ 21.





 







5. section controlling and reporting







section 22.





Controlling







section 23.





Business cards







§ 24.





Activity report







2. main piece final provisions







§ 25.





References







section 26.





Linguistic equal treatment







§ 27.





Entry into force







section 28.





Transitional provision for the initial occupation of the Handelshof







section 29.





Enforcement





1. main piece

Organization of the Handelshof

1 section

Seat and composition of the Handelshof

Headquarters and field offices

1. (1) the Federal Administrative Court has its seat in Vienna.

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

Composition of the Handelshof and appointment of members

2. (1) the Federal Administrative Court consists of following members:



1. the President, 2nd Vice President and 3 other members.

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

(3) before the reimbursement proposals for the offices of President and Vice President candidates by a Commission consisting of one representative of the Federal Chancellor, a more representative of a Federal Ministry, two representatives of science with academic teaching certificate of a law subject at a University, as well as the President of the Constitutional Court, the Administrative Court and the Supreme by those responsible for each person to a hearing to invite court or one. The Commission has recommended at least three candidates to the reimbursement of the proposal of the Federal Government.

(4) before the reimbursement proposals for the posts of the other members, the Federal Government three suggestions of the staff Senate has to catch up.

2. section

Organs of the Handelshof

President

The President directs § 3 (1) the Federal Administrative Court, the supervisory authority over all personnel and leads the justice management for the Federal Administrative Court, as far as not under this Federal Act through other organs to do this. In particular, he does also the service official tasks and the tasks of the internal audit (Article 78a of the Court Organization Act - GOG, RGBl. No. 217/1896) true. It is whether the President also to be taken into account in full respect of judicial independence to a uniform jurisprudence.

(2) the President is in its duties in accordance with the business division to be adopted by him for justice administrative matters of the Vice President, the Chairman of the Board and, if necessary, by other members of the Handelshof supported and represented. An inclusion - except in the case of the Vice President and the Chairman of the Board - the consent of the other concerned Member and may be revoked at any time by the President. The other members on the instructions of the President involved in the performance of the tasks assigned to them.

(3) if the President is prevented, so he is represented by the Vice President, if this is prevented, by the Chairman of the Board do so appointed for the Business Division for judicial administrative matters or any other Member in its entire scope. This also applies if the Office of President or Vice President is not occupied.

(4) the President and the Vice President may be in addition to their judicial administration tasks in the jurisdiction, as far as the care their justice administration tasks this is not affected.

(5) sections 1 to 14 GOG shall apply mutatis mutandis.

General Assembly

The members of the Handelshof (§ 2 para 1) together form 4. (1) the General Assembly.

(2) following tasks come to of the General Assembly:



1. choice of election members and alternate members of the staff Senate;

2. election of the Disciplinary Tribunal;

3. choice of election members and alternate members of the business distribution Committee;

4. selecting the choice members and alternate members of the controlling Committee.

5. election of the members and substitute members of the Service Tribunal;

6. resolution on the rules of procedure on the proposal of the business distribution Committee;

7. resolution on the activity report.

(3) the President shall convene the Assembly to its meetings and presides in these. The deliberations and voting of the General Assembly are not public.

(4) each Member shall be entitled to make proposals in the General Assembly. It is free the other members of countermotions or amendments to these proposals. All applications shall be reasoned.

(5) the Chairman determines the order in which the applications will vote, and the order of voting.

(6) if in this Federal Act not otherwise determined is, the presence of at least half of the members and the simple majority of the votes is required for a resolution of the General Assembly. An abstention is not permitted. Vote the vote of the Chairman shall be decisive. In the case of para 2 Z 7 a decision making in the circulation path is allowed; further regulations are to meet in the rules of procedure.

(7) on the consultation and coordination of the General Assembly, a protocol is to lead.

Head of the branch offices

5. (1) the President has the heads of field offices after hearing of the staff Senate district from which in the respective branch office (§ 1 para 2) active members of the Handelshof for a period of six years to order. The order requires the consent of the Member concerned. The head of a branch may be dismissed at any time by the President important official reasons.

(2) the head of the Branch performs the duties according to § 3 para 1 coming to the President under the responsibility of the President for the area of the branch. Without prejudice to the judicial independence of the Director of the branch office as a member of the Handelshof, it is subject to the instructions of the President in the exercise of the duties as head of the Branch Office.

(3) the head of the branch office is in its tasks in accordance with its provisions through an alternate and, if necessary, of other in the Branch supports active members of the Handelshof and represented. With regard to the appointment and dismissal of the Deputy of head of para 1 shall apply. An inclusion - except in the case of the Deputy - the consent of the Member concerned and may be revoked at any time by the Director of the Branch Office. The members thus entrusted to the instructions of the head of the branch involved arranging these tasks.

Single judge

§ 6. The Federal Administrative Court rules by judge sitting alone, unless the Senate decision is provided in federal or state laws.

Senate

The Senate consist of section 7 (1) a member as Chairman, and two other members as assessors. At least a Deputy of Chairman and at least two alternate members (substitute member) shall be determined for each Senator.


(2) the participation of specialized magistrates the jurisdiction is in federal or state laws, these are instead the members in accordance with the business distribution as associate members to be used. The Senate is the participation of more than two specialized lawyer is provided for in federal or state laws to increase accordingly.

(3) a member of the Senate is prevented, the Chairman has to have the admission of the replacement member in the allocation of business.

(4) the activities of the President and Vice President in a Senate whose consent.

Consultation and coordination

8. (1) a Senate is quorate when the Chairman and the members of the Tribunal are present. Prevented members of the Tribunal are represented by the substitute members (Deputy Chair, compensation Committee member) in the order set out in the business distribution.

(2) consultation and coordination is headed by the Chairman. The consultation and coordination is not public.

(3) every Member of the Senate is entitled to make proposals in the consultation. It is free the other members of the Senate, countermotions or amendments to these proposals. All applications shall be reasoned.

(4) the Chairman determines the order in which the applications will vote, and the order of voting.

(5) to a decision of the Senate, the majority of the votes is required. An abstention is not permitted.

(6) on the consultation and coordination, a protocol is to lead.

Duties of the Chairman and the Member of a Senate

9. (1) the Chairman directs operations of the Senate and leads the proceedings until the trial. This required decisions require no Senate decision. He decides whether an oral hearing is scheduled, opened, manages and closes it. He announced the decisions of the Tribunal, signed the written copies, works out the complete design and provides the motion for a resolution in the Senate.

(2) at least half of the assessor agrees to complete design of the Chairman, the Chairman has the decision to work out. Otherwise, an assessor within two weeks not zustimmender the complete design has to work out a settlement proposal and to present the Chairman. At least half of the other members of the Senate agrees to this proposal, the assessor has the decision to work out. This is not the case, or the assessor submitted draft registration within two weeks, the President has to entrust an other assessor with the draft of a proposal for registration or to work themselves out.

(3) specialized magistrates involved in the Senate, the Chairman is in any case draft registration.

Staff Senate

The staff Senate consists 10 (1) of the President, the Vice-President and five members elected by the Assembly from among its members (choice members). For the election of members by the General Assembly from among its members, 15 substitute members are to choose.

(2) in addition, the provisions of the judges and Prosecutor Service Act - RStDG, Federal Law Gazette apply by analogy to no. 305/1961, about the staff Senate are on the composition, the choice and the management of the staff Senate.

Business distribution Committee

§ 11 (1) of the business distribution Committee consists of the President, the Vice-President and five by the General Assembly from among its members elected members (members of choice). For the election of members by the General Assembly from among its members, 15 substitute members are to choose.

(2) In addition, the provisions of the RStDG of the staff Senate are on the composition, the choice and the management of the business distribution Committee apply mutatis mutandis.

Specialized magistrates

Section 12 (1) as professional lay magistrates is a voluntary work. No one is obliged to accept of such a post.

(2) specialized magistrates need to Austrian citizens and be fully operational. You may be not convicted legally for an intentional offence, unless the penalty is paid or the conditions of section 6 of the principal Act 1972, Federal Law Gazette No. 68/1972, exist. Article 208, paragraph 1 shall apply mutatis mutandis RStDG.

(3) the competent magistrates are to each order for a period of six years by the Federal Chancellor. They can be beeiden prior to their duties by the President. The Office begins with the inauguration. Re-appointment is permissible.

(4) for each expert magistrates, at least a replacement judge is in the same way and under the same conditions to order. The replacement judge shall be responsible the competent magistrates in the event of his unavailability.

(5) the duties as professional lay judge or alternate judge shall



1 with the expiry of the order, but the order of the following specialized Laienrichters or replacement judge is after that date, with the inauguration of the following specialized Laienrichters or replacement judge, and if but expert lay judge or alternate judge, took part in a public hearing in the proceedings only upon termination of this procedure, 2. by death, 3. by waiver or 4 by impeachment.

(6) the waiver is to explain in writing to the President. He unfolds a week after receipt of the waiver is irrevocable and, if not a later time in the waiver form is specified.

(7) the staff Senate has a specialized lay judge or alternate judge of to impeach, if this



1. one who loses legal order requirements, its judicial tasks can no longer meet 2 due to his health condition, your official duties reviewed 3. neglected or a behavior is 4, which is incompatible with the reputation of the Office.

(8) the competent magistrates and replacement judges are independent in the exercise of their duties; they have this connection the powers associated with the Office of judge in full.

(9) compensation is due to the competent magistrates and substitute judges for the performance of their duties. The Chancellor sets the height of this compensation regulation.

Registrars

13. (1) Nichtrichterlichen staff, the



1st suitable on the independent movement of the party, with 2. the settlement of affairs of Office are completely familiar, 3. have successfully completed an appropriate training and preparatory procedures in these matters reliably can get 4, can demand the arranging for matters of jurisdiction be transferred.

(2) the Federal Chancellor has a non judicial staff, which meets the requirements referred to in paragraph 1, to issue a certificate thereof. In the document, call the local businesses to be transferred.

(3) the Federal Chancellor has to recognize the power to procure the business entrusted to it the non judicial staff concerned if this no longer meets the personal requirements of the transfer indefinitely. In this case, the certificate within three days of notification of the decision in the way is the Federal Chancellor to reset.

(4) the President's demand to determine in which Court Department, temporal extent, and in what matters where a staff member as registrars is to use. The distribution of shops within the judicial Department is carried out by the Member.

(5) the Registrar is bound by the instructions of the Member according to the allocation of business; RpflG, Federal Law Gazette No. 560/1985, apply section 8 and sections 9 para 2 and 10 of the registrars act - accordingly. The Member responsible for the allocation of business can reserve the execution of transactions with unlimited or pull itself; the Registrar is biased, it has to do this.

Experts

§ 14. The Federal Administrative Court, first sentence, and paragraph 4 are in the cases of article 131 paragraph 2 No. 2 of the Federal Constitution Act B-VG, Federal Law Gazette No. 1/1930, which in the area of enforcement of the Federal Government make official experts available.

3. section

Course and conduct of business of the Handelshof

Business distribution

Section 15 (1) before expiration of every year of distribution has to decide the allocation of a business the business distribution Committee for the next year of the distribution. The distribution year starts on the 1st of February and ends on 31 January of the following year. The allocation of business has to determine:



1 whether the members of the Handelshof on one workstation in the Office at the Office, or in a remote location are used where a workplace in the other services only with their consent may be assigned to the members;

2. the Chairman and associate members of the Senate, as well as the substitute members (Deputy Chair, compensation Committee member) and the order in which these to enter have;

3. the distribution of falling to the Federal Administrative Court judicial business on the judge and the Senate;

4. the establishment of Chambers and their business areas and the judge summarized in the Chambers and Senate.


(2) the President has the design of a business distribution for the next distribution year from 2 November until 25 November to the insight to put on (access time). Each Member of the Handelshof is entitled to raise written objections against the draft during the inspection period. The objections must contain a justification and an amendment. The business distribution Committee has to consult before the business distribution decision on the objections. A separate resolution on the objections must be avoided. As far as the business distribution decision by the design differs or ignored objections, he is establishing. The rationale is as soon as possible after the decision ready to keep anyway, but in the time between 1 and including February 15 for inspection.

(3) the distribution of shops has Z 3 referred to in paragraph 1 to be made that total a uniform load of all single judge and Senate of the Handelshof is achieved, taking into account according to the perception of representation tasks or tasks of the administration of Justice, and that an administration of Justice forming the legal protection of interests of the parties is ensured. Cases in which a hearing has already taken place, are to leave, which they so far have been carried out if at all possible that a judge or a Senate.

(4) due to changes in the headcount, due to overloading or low employment individual members or Senate or for other important reasons the business distribution can be changed by the business distribution Committee also during the distribution year. In this case should be completed if at all possible cases in which a hearing has already taken place, by the previous judge or Senate. If possible, the Senate should meet this same composition as in the past.

(5) the business distribution Committee decides necessary changes of the allocation of business within the meaning of paragraph 4 within a period of six weeks, the President has to make these changes by issuing a provisional allocation of business. In this case, the President has immediately convened the business distribution Committee for decision about the final allocation of business for a meeting to take place no later than four weeks after issuing the preliminary allocation of the business has. The provisional allocation override occurs with taking decisions on the final allocation.

(6) the business distribution Committee decided no allocation of business until the end of the year of the distribution, so the previous business distribution continues to apply to decision-making about a new business division.

(7) the allocation of business is to launch by the President to the General inspection and may be made publicly available in other ways.

(8) the business distribution overview can be divided based on the rising numbers of court departments and Chambers (article 16). In it, it shall be disclosed:



1. the name of the single judge and their representatives;

2. the names of the Chairman and member of the Senate, as well as the names of the Deputy and substitute assessor;

3. the business areas assigned to the criteria and Senates;

4. the business areas of the chambers judge summarized in the Chambers and the Senate;

5. in the case of multiple business divisions Business Department responsible for the judicial Department and Chamber of the Secretariat;

6. the name and business areas of the Rechtspfleger and they are assigned to the judicial Department.

The business distribution review is ready to put through posting on the official notice board for public inspection.

Court departments and Chambers

Section 16 (1) for every single judge and the Senate is to open a judicial Department. For the President, the Vice-President, the head of the evidence and the leader of the controlling authority, court departments are to open with their consent. The allocation of the Handelshof has to contain, where the head of Court of a sufficient number of representatives and the order in which the representatives to enter have to determine are also provisions for the representation of individual court departments.

(2) in the allocation of business is to provide on a proposal of the President, that the Court departments (judge and Senate) on the basis of the factual context of their shops to Chambers are. The Chairman of the Board and their deputies are appointed by the President after consultation with the staff Senate for a term of six years and can be dismissed by the President at any time for important official reasons. The order requires the consent of the Member concerned. Resolves a Chamber, including the Office of the Chairman of the Board and the Deputy ends.

(3) the Chairman of the Chamber has to guide the Board in accordance with the Business Division for judicial administrative matters and to be taken into account under the responsibility of the President in full respect of judicial independence to a uniform case law within the Chamber. The Board Chairman has to support the President in matters of § 18 para 3. The Board Chairman has the President and the head of evidence about findings or decisions that differ from the previous case law to report.

Assignment and acceptance of cases

§ 17 (1) any case applicable in the Federal Administrative Court is assigned to the judge competent according to the distribution of business or Senate.

(2) the judge or the President of the Senate shows the President his bias, the case is to assign a member as a substitute after the business distribution. An assessor or a Registrar the President shows his bias, has to inform the competent judge or Chairman of the Senate about the President.

(3) the business distribution Committee can remove a case falling to him a judge or a Senate by Decree, if the single judge or Senate prevents or within a reasonable time is hindered because of the scale of his tasks to accomplish.

Business leadership

Section 18 (1) to support the proper management of the Handelshof are a Presidential Office, a body of evidence, from the President to establish a controlling position and an Office.

(2) the Presidential Office has the President and the Vice President in the performance of the tasks to support coming to them pursuant to section 3.

(3) the evidence has all the findings and decisions of the Handelshof, as well as in case of need also decisions other courts and authorities, as well as of the relevant literature in a clearer way to document. The members of the Handelshof with regard to the decisions taken by them as a judge or Chairman of a Senate involved in the preparation for publication (article 20). The President has appointed a member of the Handelshof to head of the Office of evidence and another Member to the Deputy of head after hearing of the staff Senate. The head of the evidence is prevented, so he is represented by the Deputy in its entire scope. The head of evidence point and the Deputy can be dismissed at any time by the President by this function important official reasons. The head of the evidence gave the President about findings or decisions that differ from the previous case law to report. The Organization and the monitoring of the activities of the Centre of evidence be him in accordance with the instructions of the President.

(4) the Office is entrusted with the care of firm shops of the Handelshof and called for the support of the members of the Handelshof; It is directed by the head of the Office. The head of the Secretariat has to conduct the entire service in the secretariat according to the instructions of the President, and to support the President in the supervision of its staff. The Office comprises the business departments of the Court departments and Chambers, as well as other departments for items that are together concerned outside the Court departments and chambers for the whole Court in accordance with the business division to be issued by the President. Disagreements between the head of a court or a Chairman of the Board and the Director of the Office of the President decides.

(5) the business division to be issued by the President of the Office (para. 4) is to record the business distribution overview (§ 15 para 8).

(6) the Director and the other staff members used in the Business Department have official orders of the judge or President of the Senate, who is heading the related Department of the Court, and the official orders of the Chairman of the Board comply. The line of the Court Division or Board includes the duty of overseeing the its business divisions.


(7) the provisions concerning the proper management for the area of the field offices under the responsibility of the Director (section 5) are to meet in the rules of procedure.

Rules of procedure

§ 19. The detailed rules on conducting business and the business of the Handelshof must be provided in the rules of procedure. In the rules of procedure can be set in particular, when (Office hours) and where (departments at Headquarters, Branch Office) briefs the Federal Administrative Court may be filed. The rules of procedure is to choose from the General Assembly on the proposal of the business distribution Committee and put on by the President to the General inspection; These may be made publicly available in other ways.

Publication

§ Are 20 findings and decisions, which are not merely procedural conduct, to publish anonymously in the legal information system of the Federal Government (RIS).

4 section

Electronic justice

Section 21 (1) the pleadings can be introduced effectively even in the way of electronic transactions furnished under this section. Instead of written copies of the errands, as well as instead of counterparts by inputs that are been submitted electronically, the Federal Administrative Court can submit the data contained therein to intervening party, which bring inputs into electronic legal transactions referred to in this section, by way of electronic transactions.

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

(3) the Federal Chancellor is in accordance with the technical and organizational possibilities, as well as taking on a simple and economical management and a protection against abuse by regulation to regulate the further approach to the electronic transfers of pleadings and transmission of copies by riches of the Handelshof. These include in particular the acceptable electronic formats and signatures, the rules for the design of the automatically produced copies including the technical specifications for the official signature and verification as well as provisions on the address code. In the regulation, it may be prescribed that the consignors of a transmitting Agency has control. This regulation has the date to determine from the pleadings and copies of transactions can be brought by way of electronic transactions or transmitted in accordance with the technical and organisational possibilities.

(4) insofar as this is arranged in the regulation referred to in paragraph 3,



1. are the pleadings with a suitable electronic signature to sign;

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

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

(5) the copies of transactions of the Handelshof, to be transmitted in electronic legal relations are with the official signature of the Handelshof (articles 19 and 20 of the E-Government Act E-GovG, Federal Law Gazette I no. 10/2004), to provide, as far as this is provided for in the regulation according to § 3. The signature Act - SigG, Federal Law Gazette I no. are 190/1999, apply accordingly.

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

(7) briefs, which are placed in the way of electronic transactions, is considered to be introduced at a federal agency, or the Federal Administrative Court if their data entirely at the Federal Computing Centre GmbH have arrived. Is intended that the pleadings of a transmitting Agency to conduct are (para. 3), and have them on this path of Federal Data Center GmbH to fully arrived, so as the federal authority or the Federal Administrative Court with the time are introduced, where the transmitting Agency the consignors, confirmed that she has taken over the data of the pleading for transmission to the Federal Data Center GmbH.

(8) as delivery time of electronically transmitted copies of transactions of the Handelshof and submissions (para. 1) applies the following on the receipt of the electronic available area of the recipient's business day, whereby Saturdays are not considered business days.

(9) in addition the §§ 89a are GOG to 89 g of the Court Organization Act -, RGBl. apply by analogy to no. 217/1896.

5. section

Controlling and reporting

Controlling

Section 22 (1) to ensure a functional, economic, economical and efficient performance of the tasks of the Handelshof the controlling body and the controlling Committee are called.

(2) the President has to set up a controlling body under his responsibility. The President has appointed a member of the Handelshof to the head of the controlling Office and another Member to the Deputy of head after hearing of the staff Senate. The head of the controlling Office is prevented, so he is represented by the Deputy in its entire scope. The head of the controlling Office and the Deputy can be dismissed at any time by the President of this function important official reasons. Section 3 paragraph 2 shall apply.

(3) the controlling authority assists the organs of the Handelshof in full respect of judicial independence in their decisions by notes in particular the utilization and efficiency, the appearance and the functionality of the inner operation of the Handelshof, as well as an accompanying controlling examines its structural - and flow-organizational conditions in form, deviations from the target State, and analyzes their causes.

(4) the controlling Committee consists of a Chairman, a Deputy and five other members, who are elected by the Assembly from among their number for a term of four years. In the rules of procedure are the closer regulations about the Presidency, in particular the election of the Chairman and the Deputy Chairman, to regulate. For the other members, 15 substitute members should be chosen by the General Assembly from among its members. In addition, the provisions of the RStDG of the staff Senate are on the selection and management of the controlling Committee apply accordingly.

(5) the controlling Committee is responsible for advising about the results of controlling the controlling authority, annually collected by the President to present him the elaboration of recommendations to the President and the relevant organs of the Handelshof, and on the basis of these results.

(6) when the cost of recommendations and proposals is to make sure that is not the semblance of an influence on the area which is reserved in court proceedings in the case-law. The rules of procedure may provide that the recommendations be made available to the members.

Business cards

section 23. The single judge and Chairman of the Senate have quarterly reporting the President about the number of cases completed in the past three months and the kind of registration in those cases and to expel all cases before January 1 (business card) at the end of each calendar year. In some cases, they have singled the President on the basis of a justified request to report.

Activity report

§ 24. The Federal Administrative Court has for each calendar year a report on its activity and the lessons learned there to write. The President has to submit a draft of activity report of the General Assembly for decision. The annual report adopted by the General Assembly is to present the Chancellor by the President. On the occasion of the presentation of the activity report, the President has to report the Chancellor also on the area of the administration of Justice.

2. main piece

Final provisions

References

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

Linguistic equal treatment

section 26. As far as the designations employed in this federal law relating to natural persons, the selected form applies to both sexes. In the application of these terms to certain natural persons the respective gender-specific form is to use.

Entry into force

27. (1) this federal law 1 January 2014 into force. At the same time the asylum Court law - AsylGHG, Federal Law Gazette I no. 4/2008, override.


(2) the election and substitute members of the first business distribution Committee are para as possible until November 1, 2013, by the General Assembly in the middle of the appointed members, as well as in accordance with article 151 to choose 51 Z 7 senior over B-VG members of the asylum Court. This has to decide the first allocation for the activity period from 1 January 2014 to 31 January 2015 until 20 December 2013.

(3) January 1, 2014, to members of the Handelshof becoming members of the asylum Court the forbidden with the performance of the duties of a workstation in a remote location of the Handelshof be entrusted only with their consent. For use on a position in the branch-appointed members of the asylum court may be entrusted with the tasks of a job in the Department at Headquarters or in a different branch of the Handelshof only with their consent.

Transitional provision for the initial occupation of the Handelshof

Section 28 (1) the members of the asylum Court will with effect from 1 January 2014 to members of the Handelshof.

(2) a person who is Chairman, Deputy Chairman or Chairman of the Senate of the Federal Procurement Office on July 1, 2012, may make a request for appointment until the expiry of the 31 December 2012 the other Member of the Handelshof. The Federal Government decides on the appointment of such candidates until the end of the 28th February 2013.

(3) the Federal Government has decision to pronounce that such applicants not be appointed a member of the Handelshof, personal and professional suitability for the performance of tasks that are associated with the intended use as a member of the Handelshof, don't expect keep the taking into account their previous use success as a member of the Federal Procurement Office. Against such a complaint in accordance with article 130 can par. 1 lit by the applicant. a B-VG is collected at the Administrative Court and in accordance with article 144 B-VG at the Constitutional Court.

(4) a decision is adopted in accordance with paragraph 3, is to decide about further use of the person concerned in the Federal service - without prejudice to its grade status - in this way.

(5) other judicial or non-judicial positions are to be filled, this should be the President of the Handelshof "Career public service" website at the Federal Chancellery and in the "Amtsblatt zur Wiener Zeitung" to write out; Article 5 par. 3 of the tender law 1989 - OUTP, Federal Law Gazette No. 85/1989, applies. Application requests are to introduce the President of the Handelshof. Appointed member has to take place with effect from 1 January 2014.

Enforcement

section 29. Is with the execution of this federal law, unless it otherwise, entrusted to the Federal Chancellor.

Fischer

Faymann