4. Federal Act to enact an Asylum Court Act and the Asylum Act 2005, the Administrative Court Act 1985, the Constitutional Court Act 1953, the Federal Ministries Act 1986, the Introduction Act to the Administrative procedure laws 1991, the General Administrative Procedure Act 1991, the Tourism Act 2005, the Law on the Law of the Netherlands, the Basic Supply Act-Federal Government 2005, the Law of the Citizenship 1985, the Security Policy Act and the Arms Act 1996 will be amended (Asylum Court-Provisioning Act)

The National Council has decided:

Article 1

Federal Law on the Asylum Court (Asylum Court Act-Asylum GHG)

table of contents

Part 1 Organisation of the Asylum Court
Section 1 Seat and composition of the Asylum Court
§ 1.	Seat
§ 2.	Composition and appointment of judges
Section 2 Position of the judges of the Asylum Court
§ 3	Incompatibility
§ 4.	Judge's Service, Occupation and Disciplinary Law
§ 5.	Presence and assignment of tasks outside of the office
Section 3 Institutions of the Asylum Court
§ 6.	President of the Asylum Court
§ 7.	General Assembly
§ 8.	Head of the branch office
§ 9.	Senate and Chamber Senate
§ 10.	Immediate procedure; Consultation and voting
§ 11.	Duties of the chairman and the adviser of a senate
§ 12.	Duties of the chairman and of the report of a chamber council
Section 4 Gang and management of the Asylum Court's business
§ 13.	Business Distribution
§ 14.	Court departments and chambers
§ 15.	Assignment and acceptance of cases
§ 16.	Partiality of the judges
§ 17.	Management
§ 18.	Rules of
§ 19.	Publication of decisions
Section 5 Controlling and reporting
§ 20.	Controlling
§ 21.	Business statements
§ 22.	Activity Report
Part 2 Procedures and enforcement
§ 23.	Procedure
§ 24.	Enforcement
Part 3 Final provisions
§ 25.	Exclusion of replacement claims
§ 26.	References
§ 27.	Linguistic equality
§ 28.	entry into force
§ 29.	Transitional provision for the first occupancy of the Asylum Court
§ 30.	Enforcement

Part 1

Organisation of the Asylum Court

Section 1

Seat and composition of the Asylum Court

Seat

§ 1. (1) The asylum court has its seat in Vienna (head office).

(2) The Asylum Court has a branch office in Linz.

Composition and appointment of judges

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

1.		the President,
2.		the Vice-President, and
3.		the other Judges.

(2) The President, the Vice-President and the Judges of the Asylum Court shall be appointed by the Federal President on a proposal from the Federal Government.

(3) The judge of the Asylum Court can only be appointed who

1.		has Austrian citizenship,
2.		has successfully completed the study of law or the studies on the law and the state sciences,
3.		has at least a five-year legal professional experience, in particular in the area of asylum and tourism, and
4.		is personally and technically suitable for the purposes of carrying out the duties of a Judge of the Asylum Court.

(4) Prior to the appointment of the President or Vice-President, the office concerned shall be issued by the Federal Chancellor, prior to the appointment of a judge, by the President for a general application. The invitation to tender shall be issued as soon as possible three months before, but at the latest within one month of the vacancy of the planning body.

(5) The post office is to be published in the "Official Journal of the Wiener Zeitung". In addition, the invitation to tender may also be used in other appropriate ways.

Section 2

Position of the judges of the Asylum Court

Incompatibility

§ 3. (1) The Asylum Court may be members of the Federal Government or of a state government, State Secretaries, members of a general representative body or of the European Parliament, the President of the Court of Auditors, the head of a National Court of Auditors, members of the People's Office, National Public Prosecutors and Mayors are not members. For members of a general body of representation or of the European Parliament, incompatibility shall continue even in the event of premature renunciation of the mandate up to the end of the legislative or functional period.

(2) In addition, the President or Vice-President of the Asylum Court must not be appointed who has exercised one of the functions referred to in paragraph 1 over the last five years.

Judge's Service, Occupation and Disciplinary Law

§ 4. (1) Unless otherwise specified in this Federal Act, the provisions of the Judge Service Act-RDG, BGBl, which apply to the duty of service of the judges of the regional court, shall be governed by the law. No 305/1961, apply to the duty of service of the judges of the Asylum Court with the following measures:

1.		The Judge of the Asylum Court shall, if he has not already made such an oath of service, take the oath of service provided for in Section 29 (1) of the RDG at the time of his/her planning point. The following services are responsible for the acceptance of the service:
a)			the President, with the exception of the Vice-President, as regards the Judges of the Asylum Court
b)			the Federal President with regard to the President and the Vice-President.
2.		The Staff Senate to be formed in accordance with § 36 RDG shall consist of the President and the Vice-President of the Asylum Court as members by virtue of office and three members elected by the General Assembly from among their members (members of the election). For the three members of the election, six substitute members shall be elected by the General Assembly from among their members.
3.		The personnel Senate is responsible for the service description of the judges of the Asylum Court, with the exception of the President and the Vice-President according to § 52 RDG.
4.		Court of Service for the judges of the Asylum Court is the General Assembly of the Asylum Court.
5.		Disciplinary court in the sense of § 111 RDG is the asylum court itself. It negotiates and decides in a disciplinary arsenal (§ 112 RDG), which is elected by the General Assembly on the proposal of the Staff Council from the centre of the judges of the Asylum Court. The composition of the Disciplinary Board is to be displayed to the Federal Chancellor. Disciplinary authority within the meaning of Section 118 (1) RDG shall be the Disciplinary Authority responsible for the Federal Chancellery.

(2) By way of derogation from Section 66 (1) RDG, the salary of the Judge of the Asylum Court shall be:

in salary level	Euro
1	3 172.3
2	3 641.0
3	4 067,1
4	4 704.4
5	5 245,8
6	5 737,1
7	6 088.5
8	6 357,2

(3) By way of derogation from § § 66 and 68 RDG, a fixed salary of EUR 8 254.5 shall be due to the President of the Asylum Court.

(4) By way of derogation from § 68 RDG, the Vice-President of the Asylum Court shall be entitled to a service allowance of EUR 511.3, which can be eligible for a dormant-free service.

Presence and assignment of tasks outside of the office

§ 5. (1) The Judge of the Asylum Court shall set up his/her presence at the office of office (§ 1) in such a way that he/she can duly comply with his duties.

(2) The judge shall also obtain his duties outside the office. There is no claim for the provision of the necessary equipment for the task of obtaining the task outside the department, nor is it a claim to compensation for the costs associated with it or financial compensation.

(3) In the event of a request for a task outside the office pursuant to paragraph 2, the judge shall elect his/her whereaby so that he/she can fulfil his duties without unusual effort in time and effort.

(4) The judge shall disclose his or her place of residence to his or her office. If the judge is staying outside his/her residence for more than three days, he shall, if possible, inform his office of the address under which he may be given an official understanding.

Section 3

Institutions of the Asylum Court

President of the Asylum Court

§ 6. (1) The President shall direct the Asylum Court, exercise the administrative supervision of the entire staff and carry out the judicial administration of the Asylum Court, insofar as these are not to be dealt with by other institutions on the basis of this Federal Law. In particular, it shall also carry out the duties of the service authorities. 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 Judges of the Asylum Court, in accordance with the division of business for judicial administrative matters to be adopted by the President. supported and represented. Inclusion shall be required, except in the case of the Vice-President and the President of the Chamber, of the assent of the Judge concerned and may be revoked at any time by the President. In the event of such delegated tasks, the magistrates responsible shall be bound by the instructions of the President.

(3) If the President is prevented, he shall be prevented by the Vice-President, even if he is prevented, from the Chamber Chairperson or other Judges appointed after the division of business for judicial administrative matters in his entire Effective area represented. This shall also apply if the post of the President or Vice-President is vacant.

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

General Assembly

§ 7. (1) The judges of the Asylum Court (Section 2 (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.		Acting as a court of service for the judges of the Asylum Court;
3.		Election of the Disciplinary Board on the proposal of the Staff Council;
4.		Appointment and dismise of the Head of the Office and the Deputy Head of the Head, on a proposal from the President;
5.		Election of electoral members and replacement members of the business distribution committee;
6.		Appointment and dismise of the chairmen of the chamber and their substitutes on a proposal from the President;
7.		Decision-making on the Rules of Procedure, on a proposal from the Committee on Management;
8.		Election and dismise of the members of the Controllingcommittee;
9.		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 in the General Assembly shall not be public.

(4) Any judge shall be entitled to submit applications in the General Assembly. The other judges 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 judges and the simple majority of the votes cast. A abstention is inadmissible. In the event of a tie, the Chairman's vote shall indicate the rash.

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

Head of the branch office

§ 8. (1) On a proposal from the President, the General Assembly has to appoint the head of the branch office for four years from the circle of judges of the Asylum Court operating in the branch office (Section 1 (2)). The head of the branch office may be dismissed at any time by the General Assembly; such a decision shall require a majority of at least two-thirds of the votes cast and shall be justified.

(2) The head of the branch office shall assume the duties assigned to the President pursuant to Section 6 (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 as a judge of the Asylum Court, he shall be subject, in the performance of duties as head of the office, to the instructions of the President.

(3) The head of the branch office shall be assisted and represented in his duties in accordance with the provisions of his functions by a deputy and, if necessary, by other judges of the Asylum Court, who are active in the field of external 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 assent of the judge concerned and can be revoked at any time by the head of the branch office. In the event of such delegated tasks, the judges entrusted with this task shall be bound by the instructions of the head of the branch office.

(4) If both the head of the branch office and the deputy are prevented, the oldest judge of the branch office and, in the case of his prevention, the next longest serving judge shall be appointed to represent the office. This shall also apply if the position of the head of the external office is vacant.

Senate and Chamber Senate

§ 9. (1) The Asylum Tribunal shall decide in senates, unless federal law provides for a decision by a single judge or a strengthened Senate (chamber senate).

(2) Each Senate consists of a judge as chairman and a further judge as a co-sitter. For each senate, at least one deputy of the chairman and at least one substitute member (substitute) shall be determined.

(3) If the decision of a strengthened Senate is provided for by law, the relevant Senate shall be strengthened by three judges in accordance with the distribution of the business (Kammersenat). If a chamber Senate is appointed to take a decision at the request of an individual judge, it shall be part of the chamber Senate. As chairman of the chamber council, the responsible chamber chairman acts (§ 14 para. 3). The other judges are to be appointed from the center of the judges summarized in the chamber (§ 14 para. 2).

(4) If a member of the senate or chamber senate is prevented, the chairman shall have the entry of the substitute member provided for in the business distribution. In the case of the prevention of the chairman of a Senate, the President of the Chamber responsible and, in the case of the prevention of the Chairman of a Chamber Senate, the President shall have the entry of the deputy appointed in the distribution of the business. .

(5) The activity of the President and Vice-President in a Senate or Chamber Senate shall be subject to their consent.

Immediate procedure; Consultation and voting

§ 10. (1) If oral proceedings have taken place, the decision may only be taken by those judges of the Asylum Court who have participated in the hearing. If the composition of the senate or the chamber senate has changed, the trial must be repeated.

(2) A Senate is quorum if the Chairman and the Beirut, a Chamber Senate, if the Chairman and all other members are present. Non-members are represented by the substitute members (substitute members, substitute members) in the order specified in the business distribution.

(3) The consultation and the vote shall not be public and shall be chaired by the Chairman.

(4) 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.

(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) A decision of the Senate requires unanimity and a decision of the Chamber Senate requires a majority of the votes cast. A abstention is inadmissible.

(7) A protocol should be adopted on consultation and voting.

Duties of the chairman and the adviser of a senate

§ 11. (1) The Chairman shall head the operations of the Senate and shall carry out the proceedings until the hearing. The process arrangements required in this case 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 the co-sitter agrees to the chairman's draft resolution, the chairman shall draw up the decision.

(3) If the co-sitter does not agree to the chairman's draft resolution, the adviser shall, within two weeks, draw up his own draft notice and submit it to the chairman. If the chairman agrees to the draft of the co-sitter, the chairman shall draw up the decision.

(4) If the draft resolution of the adviser does not agree with the chairman's approval or if the chairman has not submitted his draft resolution within two weeks, the chairman shall refer the case to the competent chamber Senate. Decision to apply. The chairman and the adviser of the senate are members of the chamber council (§ 9 para. 3), with the chairman of the senate acting as a report of the chamber senate. Oral proceedings may only be repeated at the request of the appellant.

Duties of the chairman and of the report of a chamber council

§ 12. (1) The Chairman of the Chamber Senate distributes the business internally and determines the corrections for the individual cases. He decides whether an oral hearing is to be held, and opens, leads and closes the oral proceedings. He announces the decisions of the Senate and undertakes the written copies.

(2) The report of a chamber council shall be guided by the procedure leading up to the trial. The process arrangements required in this case do not require a Senate decision. The report shall draw up the draft resolution and submit the motion for a resolution in the Chamber Senate. If the decision of the Chamber Senate is in accordance with the request of the report, it shall draw up the decision. If the Chamber Senate decides on the request of another member of the Senate, it shall be responsible for the preparation of the decision.

Section 4

Gang and management of the Asylum Court's business

Business Distribution

§ 13. (1) Before the end of each calendar year, the business distribution committee (paragraph 1) 2) to decide on a business distribution for the next calendar year. The business distribution has to be determined:

1.		whether the judges of the Asylum Court are used at work in the office at the head office or in the branch office, whereby the judges may only be given a job in the other service with their consent;
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 Asylum 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 Business Distribution Committee shall consist of the President and the Vice-President as members, by virtue of office and three members elected by the General Assembly from among their members (members of the election). For the three members of the election, six substitute members shall be elected by the General Assembly from among their members. The term of function of the members of the election and the substitute members begins with the 1. Jänner of the following year and is four years. With regard to the election and management of the business distribution committee, the provisions of the Judge Service Act on the Staff Senate apply in the appropriate way. The President shall be chaired by the President.

(3) The President shall lay down a draft business distribution for the next calendar year from 15 November to 10 December, including the time limit for consideration (deadline). Any Judge of the Asylum 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 explanatory statement shall be made as soon as possible after the decision has been taken, but in any case in the period of 2. to 15. To keep jänner ready for inspection.

(4) 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 the Senate of the Asylum Court, with the performance of representative duties or tasks being carried out the judicial administration must be taken into account accordingly, and that the administration of justice is ensured by the legal protection interests of the parties. Cases in which oral proceedings have already taken place must be left to those individual judges and senates in which they have so far been held.

(5) Due to changes in the personnel level, due to overloading or low employment of individual judges or senates or for other important reasons, the business distribution from the business distribution committee can also be used during the calendar year will be 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.

(6) In the event of changes in the distribution of business within the meaning of paragraph 5, which the business distribution committee decides shall not take 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.

(7) Until the end of the calendar year, the business distribution committee has not decided to distribute any business, the current distribution of business shall continue to apply until the decision has been taken on a new business distribution.

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

(9) The business distribution overview shall be broken down according to the ascending numbering of the court departments and chambers (§ 14). 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, the names of the Chamber Chairmen and their alternates, as well as the individual judges and senates assembled in 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.
The business distribution overview is to be prepared for public consultation by means of a notice on the official panel.

Court departments and chambers

§ 14. (1) For each individual judge and senate, a judicial department shall be opened. Additional court departments shall be opened for the President and the Vice-President with the approval of the President. The business distribution of the Asylum Court has also to contain regulations for the representation of the individual court departments, with a sufficient number of representatives for the head of the court department and the order in which the court department is responsible. 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 chamber chairmen and their deputies, on a proposal from the President, shall be appointed by the General Assembly from their midst for four years. They may be dismissed at any time by the General Assembly; such a decision shall require a majority of at least two-thirds of the votes cast and shall be justified. 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 lead the Chamber in accordance with the division of business for judicial administrative matters and, in the event of full respect for judicial independence, shall be responsible for the most uniform case-law within the Chamber. (Section 6 (2)). The Chairman of the Chamber is Chairman of the Chamber Senate.

Assignment and acceptance of cases

§ 15. (1) Each case in the Asylum Tribunal shall be assigned to the individual judge or senate responsible for the distribution of the business.

(2) 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 scope of his duties at the execution of the latter within a an adequate period of time.

(3) To what extent a single judge or senate has to submit a case pending before a chamber Senate is determined by federal law.

Partiality of the judges

§ 16. (1) The judges of the Asylum Court shall abstain from the President of the Court of Justice on the grounds of partiality.

1.		in matters in which they themselves, one of their relatives (Article 36a AVG) or one of their carers are involved;
2.		in matters in which they have been appointed or appointed as agents of a party;
3.		if they have participated in the procedure preceding the procedure before the Asylum Court;
4.		if there are other important reasons that are likely to cast doubt on their full unpartiality.

(2) For the reasons given in paragraph 1, Judges of the Asylum Court may also be rejected by the parties, at the latest at the beginning of the first oral proceedings. If the rejection is based on paragraph 1 Z 4, the party shall make the reasons therefor credibly. The rejection shall be decided in the absence of the President's rejection.

(3) If the Chairman or so many Judges of a Chamber Senate are rejected that not at least three remain, the President shall assign the decision on the application for rejection to the Business Distribution Committee. If the business distribution committee decides that the rejection is well founded, the President shall have the replacement members ' entry.

Management

§ 17. (1) In order to support the proper management of the Asylum Court, the President shall set up a Presidential Office, an evidence 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 Section 6.

(3) The evidence body must document all findings and decisions of the Asylum Court and, if necessary, decisions of other courts and authorities as well as the relevant literature in a clear and clear manner. After hearing the Staff Council, the President shall appoint a Judge of the Asylum Court to the Head of the Evidence Centre and another Judge to the Deputy Head of the Head for a permanent appointment. 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. The head of the evidence point has to report to the President on findings or decisions deviating from the previous case-law. It shall be responsible for the organisation and monitoring of the activities of the evidence body, in accordance with the provisions of the President.

(4) The office is charged with the concern of the law firms of the Asylum Court and is appointed to assist the judges of the Asylum Court; it is led by the head of the office 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 the business unit to be adopted by the President for the office (paragraph 1). 4) should be included in the business distribution overview (section 13 (9)).

(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 branch office under the responsibility of the Head (§ 8) are to be found in the Rules of Procedure.

Rules of

§ 18. The rules on the management and business of the Asylum Court should be laid down in the Rules of Procedure. 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 of decisions

§ 19. Decisions of the Asylum Court are to be published in an anonymised form in the Federal Government's Legal Information System (RIS).

Section 5

Controlling and reporting

Controlling

§ 20. (1) In order to ensure the proper, economic, economical and efficient handling of the tasks of the Asylum Court, the controlling department and the controlling committee shall be appointed.

(2) The President shall establish a controlling department in the Presidential Office under his responsibility. Section 6 (2) applies.

(3) The controlling department shall assist the institutions of the Asylum Court in their decisions, in full respect of judicial independence, in particular by the use of capacity and efficiency, the appearance and the functioning of the Court of Justice. the internal operation of the Asylum Court as well as its structure-and leave-of-life conditions in the form of accompanying controlling, determines deviations from the desired state and analyzes their causes.

(4) The controlling committee shall consist of a chairperson, a deputy and three other members, who shall be elected by the plenary assembly from their centre for a term of four years. In the event of his prevention, the chairman of the controlling committee shall be represented by the deputy and, if necessary, by the other committee members in the order determined by the controlling committee itself.

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

(6) In the case of the reimbursement of recommendations and proposals, care should be taken not to give rise to the appearance of an influence on the area reserved for judicial proceedings in the case-law.

Business statements

§ 21. 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). If, in a pending case, responsibility has been transferred to a Senate or a Chamber Senate, this is also to be rejected. On a case-by-case basis, they shall report separately to the President on a reasoned request.

Activity Report

§ 22. The Asylum Court shall draw up a report for each calendar year 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 adopted by the General Assembly is to be submitted by the President to the Federal Chancellor and the Federal Minister for Home Affairs. 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. The Federal Chancellor has to present the activity report to the National Council and the Federal Council.

Part 2

Procedures and enforcement

Procedure

§ 23. As far as the Federal Constitutional Law-B-VG, BGBl. No. 1/1930, the Asylum Act 2005-Asylum G 2005, BGBl. I n ° 100, and the Administrative Court Act 1985-VwGG, BGBl. No. 10, not otherwise, the proceedings before the Asylum Court are the provisions of the General Administrative Procedure Act 1991-AVG, BGBl. No 51, with the proviso that the term "appeal" should be replaced by the term "appeal".

Enforcement

§ 24. If the Asylum Court has uphold a complaint, the administrative authorities shall, in the case in question, immediately comply with the legal means at their disposal with regard to the legal proceedings of the Asylum Court to the appropriate legal status.

Part 3

Final provisions

Exclusion of replacement claims

§ 25. A decision by the Asylum Court may be a substitute under the Impeachment Act, BGBl. No 20/1949, or the Organic Liability Law, BGBl. No. 181/1967, are not derived.

References

§ 26. 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

§ 27. In so far as these names refer to natural persons only in the male form, they refer to women and men in the same way. In applying the name to certain natural persons, the gender-specific form shall be used.

entry into force

§ 28. (1) This federal law shall enter into force on 1 July 2008. At the same time, the Federal Act on the independent Bundesasylsenat-UBASG, BGBl. I n ° 77/1997, as last amended by the Federal Law, BGBl. I n ° 100/2005, except for force.

(2) The Federal Chancellor has the measures necessary for the immediate inclusion of the work of the Asylum Court (as in particular those for the appointment of the President, the Vice-President and the other members of the Court of Justice). The Court of Justice of the European Communities must take the measures necessary and the admission of non-judicial staff to the end of the day of the presentation of the Federal Law.

(3) The election and replacement members of the first business distribution committee shall be elected by the general assembly from the centre of the appointed judges of the Asylum Court as far as possible until 1 June 2008. Acting on a proposal from the President, the President shall, by 15 June 2008 at the latest, decide on the first division of business for the period of activity of 1 July 2008 to 31 December 2008.

(4) Members of the independent Bundesasylsenate, who have been appointed judges of the Asylum Court, may only be entrusted with their consent with the performance of the duties of a job in the Office of the Asylum Court's external office. Members of the independent federal asylum council appointed for use at a post office in the branch office may only use their duties to carry out the duties of a workplace at the office at the head office of the Asylum Court. Consent shall be given.

Transitional provision for the first occupancy of the Asylum Court

§ 29. (1) Members of the independent Bundesasylsenate may from the end of the day of the proclamation of the Federal Law BGBl. I No 4/2008 at the latest 31. Jänner 2008 at the Federal Minister of the Interior in writing for the appointment to the judge of the Asylum Court. The request for appointment as President of the Asylum Court may be made by the Chairman of the independent Federal Council of Justice and shall also be deemed to be a request for appointment as Vice-President or Judge of the Asylum Court; the request for Appointment as vice-president of the asylum court may be made by the deputy chairman of the independent federal asylum council and also applies as a request for appointment to the judge of the Asylum Court.

(2) The Federal Government shall inform that members of the independent federal asylum council who have applied shall not be appointed to the Judge of the Asylum Court if, taking into account their previous experience, the If successful as a member of the independent Bundesasylsenate, the personal and professional suitability for the performance of the tasks associated with the intended use as judge of the Asylum Court cannot be expected. A negative decision may be lodged within six weeks after the decision has been taken by the Administrative Court and the Constitutional Court.

(3) If a communication pursuant to paragraph 2 is issued, it shall also be decided in the Federal Service on the further use of the relevant member of the independent Bundesasylsenate in the Federal Service, without prejudice to his/her position on the law of employment.

(4) If further judicial posts are to be filled, these are to be written by the Federal Chancellor in the "Official Journal" of the "Wiener Zeitung"; § 5 (3) of the German Procurement Law 1989, Federal Law Gazette (BGBl). No. 85. Application applications must be submitted to the Federal Chancellor within two weeks of the invitation to tender.

(5) The judges of the Asylum Court shall be appointed with effect from 1 July 2008.

Enforcement

§ 30. The Federal Government is responsible for the enforcement of this federal law.

Article 2

Amendment of the Asylum Act 2005

The Asylum Law 2005-Asylum G 2005, BGBl. I No 100, shall be amended as follows:

1. In § 2 para. 1 Z 24 the word "and" is replaced by a point.

2. In § 4 (5) the phrase "des Bescheides" through the phrase "the decision" and the phrase "the communication" through the phrase "the decision" replaced.

3. § 5 (1) last sentence reads:

"The decision to reject the decision also states which state is responsible."

4. In Section 5 (3), the phrase "at the authority of the Authority" through the phrase "at the Federal Asylate Office or the Asylum Court" replaced.

5. § 7 (2) reads:

" (2) The Bundesasylamt cannot dismise the status of an asylum-seeker in accordance with paragraph 1 (2) of the Treaty if the Federal Asylce Office does not have the status of an asylum-seeker within five years after the award of the award by the Federal Asylate Office (if not legally binding). Stranger has his main residence in the federal territory. If after the first sentence cannot be cancelled, the Federal Asylate Office has the following according to the Niederlassungs-und Residence Act (NAG), BGBl. I No 100/2005, the competent authority of the competent residence authority. If it is informed by the Bundesasylamt that it has legally granted a residence permit to the foreign person, the status of an asylum-seeker pursuant to paragraph 1 Z 2 may also be recognised by such a foreign person. "

6. In Sections 14 (1) and (4), 17 (7), 25 (2), 27 (8), 28 (3), 33 (4), 36 (1) to 5, 37 (2) and (3), 38 (1), 40 (1), 41 (2) to (4), and in the headings relating to § § 37, 38 and 40, the word shall be given in each case. "vocation" by the word "Complaint" replaced.

7. In § § 14 (4), 15 (1) Z 4 and 5, 19 (5), 24 (1) Z 1, 26 (3) Z 2 and 54 (3) (3) Z 1 and 3, the term of the word shall be "the Authority" through the phrase "the Federal Asylate Office or the Asylum Court" replaced.

8. § 15 para. 2 reads:

" (2) If an asylum seeker is unable to comply with a requirement for a joint action pursuant to paragraph 1 for reasons which he/she is not responsible for, he shall immediately inform the Federal Asyls Office or the Federal Office of the Federal Asylum-seeker, depending on who is the person responsible for the proceedings at that time. Court of Asylum to be notified. The communication shall be justified. '

9. In § 15 para. 3 Z 11 the phrase "the Authority" through the phrase "the Federal Asylate Office or the Asylum Court" replaced.

10. In the sections § 17 (6), 29 (3) and (4) and 55 (6), the term of the word shall be "the Authority" through the phrase "the Federal Asylate Office" replaced.

11. In § 17 (7) the word "Appointment supplementation" by the word "Complaints supplement" replaced.

12. In § § 17 (8) and (32) (3) (3) (3), the word shall be "Appeals procedure" by the word "Appeal procedure" replaced.

13. In the sections § 17 (8), 27 (1) (2) and (4) (4), 41 (1) and (57) (6), the term of the word shall be: "the independent Bundesasylsenat" through the phrase "the Asylum Court" replaced.

14. In § § 18 (1) and (22) (4), the word order shall be "The Authority has" through the phrase "The Federal Asylate Office and the Asylum Court have" replaced.

15. In Section 19 (6), the phrase "the Asylum Authority on its request" through the phrase "the Federal Asylate Office or the Asylum Court at its request" replaced.

16. § 20 (2) is replaced by the following paragraphs 2 to 4:

" (2) For proceedings before the Asylum Court, paragraph 1 shall apply only if the asylum-seeker has already claimed the intervention in his sexual self-determination in front of the Federal Asylate Office or in the complaint. This shall be carried out by a single judge of the same sex or by a senate composed of judges of the same sex. A request referred to in paragraph 1 shall be submitted at the latest at the same time as the appeal.

(3) Paragraph 1 shall not apply to proceedings before the Chamber Senate.

(4) If the asylum-seeker concerned wishes to do so, the public shall be excluded from the negotiation of a senate or chamber senate. It can be shown that it has been made aware of this possibility. In addition, § 67e AVG applies. "

17. In § 22, para. 4 and 5 are awarded the sales names "(7)" and "(8)" and the following new paragraphs 1 to 6 shall be inserted:

" (1) Decisions of the Federal Asylamtes on applications for international protection shall be issued in the form of a certificate. Decisions of the Asylum Court in the case itself shall be in the form of a recognition, all others in the form of a decision. The decisions of the Federal Asylamtes and the Asylum Court have to contain the saying and the appeal of the right of appeal also in a language which is understandable to the asylum seeker.

(2) If the application for international protection is rejected as inadmissible pursuant to § 4, a translation of the relevant provisions of the law, which is held in this language, and also in the official language of the a secure third country confirmation that the application for international protection has not been examined in substance because of the protection existing in the safe third country, and that the application has been filed against the communication of the Federal Asylamtes. Complaint a suspensive effect was not granted.

(3) In the case of appeal (§ 61 AVG) of the federal asylum office, it must be stated that the possibility of appeal to the Asylum Court is open against the dismiserable or rejecting communication under the legal conditions. shall be submitted to the Bundesasylamt after notification within the time limit laid down by law in each case; § 61a of the AVG shall not apply. The Bundesasylamt (Bundesasylamt) can deal with the complaint with the application of § 64a AVG by decision of appeal.

(4) § 67 AVG applies to decisions of the Asylum Court. In the decision, the application of § 61a AVG to the possibility of a complaint to the Constitutional Court is also to be pointed out in a language which is understandable to the asylum seeker.

(5) An incorrect translation only justifies the right to be reinstated under the conditions of § 71 AVG.

(6) Procedures relating to applications for international protection are to be dealt with as a matter of urgency, if the asylum seeker is in detention, depending on the state of the proceedings, either by the Federal Asylate Office or by the Asylum Court. These cases are to be decided as soon as possible, but at the latest within three months. If the asylum seeker is dismissed during the proceedings, but before the expiry of the respective decision-making period, the proceedings must be brought to an end after the period laid down in Section 73 (1) of the AVG; § 27 shall remain unaffected. "

18. In Section 23 (3), the phrase "the Authority" through the phrase "the Federal Asylamtes or the Asylum Court" replaced.

19. In Section 24 (1) (1) (1), the phrase "the Authority" through the phrase "the Federal Asylate Office or the Asylum Court" replaced.

20. In Section 24 (3), the phrase "from the Authority" through the phrase "from the Federal Asylate Office or from the Asylum Court" replaced.

21. In § 27 (2) the word order shall be "The Authority" through the phrase "The Federal Asylate Office or the Asylum Court" replaced.

22. In § 27 (5) the word order is deleted "from the Authority" .

23. In § § 32 (3) (2) (2) and (33) (3), the word shall be "Deadline for appeal" by the word "Complaint period" replaced.

24. In § § 33 (1) (1) and (38) (1) (3), the word sequence shall be "the asylum authority" through the phrase "the Federal Asylate Office" replaced.

25. In § § 33 (4), 36 (4), (4), (41) (2) and (60) (3), the word sequence shall be "The Independent Federal Asylsenate" through the phrase "The Asylum Court" replaced.

26. In § § 33 (4) and 57 (6) the word shall be given in each case "appeal procedure" by the word "Complaint procedure" replaced.

27. In § 34 (3), after the word order "unless," the word "that" inserted; in Z 1 the word "that" .

28. The following paragraph 5 is added to § 34:

"(5) The provisions of paragraphs 1 to 4 shall apply mutatily to the procedure of the Asylum Court."

29. In § § 36 (3), 39 (2), (3) and 5 (Z) 1, 41 (2) and (4) and in the title to section 36, the word shall be given in each case. "Appointments" by the word "Complaints" replaced.

30. The heading to the 5. Section of the 4. The main item is:

" 5. Section

Complaints to the Asylum Court "

31. In § 36 (4), the word "Appeal Template" in each case by the word "Board of Appeal" is replaced.

32. In Section 36 (5), the phrase "the Authority" through the phrase "in the first case the Federal Asylate Office and in the second case the Asylum Court" replaced.

33. In § § 37 (3) and (41) (5) the word sequence shall be "the independent Bundesasylsenat" through the phrase "the Asylum Court" replaced.

34. In § 37 (1) the word order shall be "Appointment has been made by the independent Bundesasylsenat of this within seven days from the date of appeal" through the phrase "Complaint has been lodged by the Asylum Tribunal, within one week from the submission of the complaint by decision" replaced.

35. In § 38 (1) (6), the word shall be: "and" by the word "or" replaced.

36. In Section 38 (2), the word order shall be "The independent Bundesasylsenat (Bundesasylsenat) has a notice of appeal, which has been recognized by the Federal Asyls Office, within seven days from the date of appeal." through the phrase "The Asylum Court has taken a decision on the complaint that has been removed from the Bundesasylamt, within one week from the submission of the appeal." replaced.

37. In § § 40 (2) and (62), the word order shall be "the independent federal asylum council" through the phrase "the Asylum Court" replaced.

38. In Section 47 (1), the phrase "the asylum authorities" through the phrase "the Federal Asylate Office" replaced.

39. In Sections 54 (1) and (2) and 56 (1) and 56 (1) and (2) respectively, the word sequence shall be "The Asylum Authorities" through the phrase "The Federal Asylate Office and the Asylum Court" replaced.

40. In § 56 (1) the word order shall be "the asylum authorities" through the phrase "the Federal Asylate Office and the Asylum Court" replaced.

41. In Section 60 (5), the phrase "the asylum authorities" through the phrase "the Federal Asylate Office and the Asylum Court" replaced.

42. The title of the 6. Section of the 4. The main item is:

" 6. Section

Special provisions relating to the procedure before the Asylum Court "

43. The heading to § 41 reads:

"Proceedings before the Asylum Court"

44. In § 41, in para. 1, after the word "place" the staple citation "(§ 67b Z 1 AVG)" , and the following paragraphs 7 to 9 shall be added:

" (7) oral proceedings may not be held if the facts of the case in connection with the complaint appear to be resolved or if the investigations so far prove beyond reasonable doubt that the case does not correspond to the facts. In addition, § 67d AVG applies.

(8) The exclusion of the public from negotiations shall apply, unless otherwise specified in this Federal Act, § 67e AVG.

(9) The following shall apply to the authorisation of the decision of the Asylum Court:

1.		The recognition or decision of the Asylum Court and its essential justification shall be decided on the basis of the trial, if possible, immediately after its conclusion, and shall be publicly proclaimed. The announcement of the recognition or decision shall be independent of the presence of the parties. Section 62 (2) and (4) of the AVG applies.
2.		The announcement shall not apply if:
a)			a negotiation has not been carried out or has been continued, or
b)			the knowledge or decision cannot be decided immediately after the end of the oral proceedings, and each of them is guaranteed access to the knowledge or decision.
3.		A written copy of the recognition or decision shall be sent to the parties. "

45. § 42 with headline reads:

" Basic decisions

§ 42. (1) The individual judge or senate of the Asylum Court appointed in a pending procedure for decision

1.		a legal matter which is of fundamental importance because
a)			would be deviated from the jurisprudence of the Administrative Court,
b)			a case law of the Administrative Court is missing or
c)			the legal question to be resolved is not answered in a uniform manner in the previous case-law of the Administrative Court; or
2.		a legal matter which arises in a significant number of pending or in the near future procedures to be followed,
, at the request of the relevant individual judge or senate, it shall have to decide on an increased Senate of the Asylum Court (Chamber Senate) (the decision of the principle of principle).

(2) The Chamber Senate responsible for the decision of principle may refuse to deal with a question of law if, in his opinion, the conditions laid down in paragraph 1 are not fulfilled.

(3) The competent chamber Senate shall be subject to a decision of principle if this is requested by the Federal Minister for the Interior on the grounds of a decision of the Asylum Court for the reasons given in paragraph 1. This request has no effect on the decided injunction.

(4) If the authorisation of a decision of principle has been requested and, in the case of an application as referred to in paragraph 1, the treatment is not rejected, the Chairman of the Chamber Senate shall inform the President thereof. The President shall immediately inform all the other Judges of the Asylum Court and the Federal Asyls Office of the constituency of such proceedings.

(5) Basic decisions of the Chamber Senate are to be submitted to the Administrative Court by the President of the Asylum Court.

(6) Where a procedure for the release of a decision of principle is pending in a chamber Senate, proceedings pending before the individual judges and the senate may be carried out, including the case for the decision on the basis of the principle, with a procedural arrangement if the decision on the basis of the principle could also be relevant for these procedures. The expiry of legal decision-making deadlines is being hammered out.

(7) The procedures set out in paragraph 6 shall, in any event, be continued if the Chamber Senate has taken a decision of principle and the Administrative Court of Appeal

1.		has decided on the decision of principle in the case itself, or
2.		has not taken a decision within six months of the submission of the decision by the Chamber of the Chamber, taking into account any interruption or suspension of that period.

(8) The suspension and the continuation of the proceedings referred to in paragraphs 6 and 7 shall be communicated to the complainant and to the Federal Asylate Office.

(9) Basic decisions of the chamber senate shall be published in a suitable manner. "

46. In Section 57 (8), the phrase "the Asylum Authority" through the phrase "the Federal Asylate Office and the Asylum Court" replaced.

47. The heading to the 1. Section of the 8. The main item is:

" 1. Section

Bundesasylamt, State Documentation and Asylum Court "

48. In § 58 (1) the word shall be deleted after the word "Asylum Authority" the phrase "First Instance" .

49. § 61 with headline reads:

" Asylum court

§ 61. (1) The Asylum Court shall decide in senates or, where provided for in paragraph 3, by means of a single judge

1.		Complaints against the federal asylum system and
2.		Complaints about breach of the Federal Asylamtes ' decision-making obligations.

(2) Complaints pursuant to paragraph 1 (2) are to be submitted to the Asylum Court. In the event of a breach of the decision-making obligation, the decision shall be taken to the Asylum Court. The complaint is to be dismissed if the delay is not due to an overriding fault of the Federal Asylamate.

(3) The Asylum Tribunal shall decide on complaints by a single judge

1.		Ground-breaking scoons
a)			Third country security pursuant to § 4;
b)			by the jurisdiction of another State in accordance with § 5;
c)			on the basis of Article 68 (1) of the AVG, and
2.		the expulsion associated with these decisions.

(4) On the granting of the suspensive effect of a complaint, the individual judge or chairman of the Senate responsible for the handling of the complaint shall decide. "

50. § 62 together with the title is:

" Deadline for application

§ 62. (1) Where the competent senate or judge of the Asylum Court is responsible for the taking of a procedural act, such as the convening or holding of an oral proceedings, the obtaining of an expert opinion or the preparation of an expert opinion of a decision, the asylum seeker or the Bundesasylamt may submit to the competent senate or individual judge the request addressed to the President of the Asylum Court to the Senate or the individual judge for the acceptance of the Set a reasonable time limit (request for a deadline). Except in the case referred to in paragraph 2, the chairman of the Senate or the individual judge shall immediately submit the request for a request for a resolution, together with his observations, to the President.

(2) If the senate or the individual judge carries out all of the procedural acts referred to in the application for a time-limit application within four weeks after the date of the submission of the request, and if it has been notified by the applicant, the application shall be deemed to have been withdrawn if the applicant does not declare within two weeks of the notification of the agreement to maintain its application.

(3) The decision on the request for a request for a resolution referred to in paragraph 2 shall be taken by the President of the Asylum Court with special acceleration. If the senate or the individual judge does not have an abatment, the application shall be dismissed. The decision shall be indisputable.

(4) The President of the Asylum Court may delegate his/her jurisdiction to the President of the Chamber for a decision on the application of the deadline for the application of the deadline. Such a transfer may be revoked by the President only with simultaneous effectiveness for all chamber chairmen. However, this revocation shall have no effect on the application of the deadline for revocation. "

51. § 72 together with headline reads:

" Enforcement

§ 72. The following shall be entrusted with the enforcement of the law:

1.		with regard to § § 39 (5) and 57 (9) of the German Government,
2.		as regards § § 36 (1) to (4), (37), (2), (40), (41), (42), except (3), 61, 62 and 75 (7) of the Federal Chancellor,
3.		as regards Section 70, as far as charges are concerned, the Federal Minister of Finance,
4.		as regards Section 68 of the respective Federal Ministers responsible for objectively competent
5.		with regard to § § 35 (1) and 57 (7) of the Federal Minister for European and International Affairs,
6.		as regards Section 57 (5), in so far as the civil courts are concerned, and (6) of the Federal Minister for Justice,
7.		Moreover, the Federal Minister for the Interior, and
a)			as regards Section 35 (3), second half, in agreement with the Federal Minister for European and International Affairs, and
b)			with regard to § § 60 (6), last sentence, and 66 (4) in agreement with the Federal Minister of Finance. "

(52) The following paragraph 5 is added to § 73:

" (5) § 2 (1) Z 24, § 4 (5), § 5 (1) last sentence and 3, § 7 para. 2, § 14 para. 1 and 4, § 15, § 17 para. 6 to 8, § 18 para. 1, § 19 para. 5 and 6, § 20 para. 2 to 4, § 22, § 23 para. 3, § 24 para. 1 and para. 3, § 25 para. 2, § 26 para. 3 Z 2, § 27, § 28 Section 3, section 29 (3) and (4), § 32 (3), § 33, § 34 (3) and 5 (5), the title of the 5. Section of the 4. Main piece, § 36 with title, § 37 with title, § 38 with title, § 39, the title to 6. Section of the 4. Main piece, § 40 with title, § 41 with title, § 42 with title, § 47 (1), § 54, § 55 (6), § 56 (1) and (2), § 57 (6) and (8), the title to 1. Section of the 8. Main piece, § 58 (1), § 60 (3) and (5), § 61, including the title, § 62, title, § 72, title and section 75 (1) and (7), as well as the table of contents in the version of the Federal Law BGBl. I n ° 4/2008 enter into force on 1 July 2008. '

53. In § 75 (1) the word order shall be "the Authority" through the phrase "the Federal Asylate Office or the Asylum Court" replaced.

54. The following paragraph 7 is added to § 75:

" (7) On 1 July 2008, pending proceedings before the independent Bundesasylsenat are to be continued by the Asylum Court under the conditions laid down in the following provisions:

1.		Members of the independent Bundesasylsenate, who have been appointed judges of the Asylum Court, have all pending proceedings in which an oral hearing has already taken place, as a single judge.
2.		Proceedings against dismissiles in which oral proceedings have not yet taken place shall be continued by the Senate responsible for the first division of the Office of the Asylum Court.
3.		Proceedings against dismissiles which have been conducted by members of the independent Federal Council of Asylum not designated as judges of the Asylum Court shall be determined by the competent Senate in accordance with the first business distribution of the Asylum Court "

55. In the table of contents are the name of the 5. Section of the 4. Main piece and § § 36 to 38:

" 5. Section: complaints to the Asylum Court
§ 36.	Effect of complaints
§ 37.	Recognition of the suspenseable effect of a complaint
§ 38.	Dismise of the suspenseable effect of a complaint "

56. In the table of contents are the name of the 6. Section of the main piece and § § 40 to 42:

" 6. Section: Special provisions relating to the procedure before the Asylum Court
§ 40.	Bringing forward in the complaint
§ 41.	Procedure before the Asylum Court
§ 42.	Basic decisions "

57. The table of contents is the name of the 1. Section of the 8. Main piece and § § 61 and 62:

" 1. Section: Federal Asylate Office, State Documentation and Asylum Court
§ 61.	Asylum Court
§ 62.	Application for a deadline "

Article 3

Amendment of the Administrative Court Act 1985

The Verwaltungsgerichtshofgesetz 1985-VwGG, BGBl. No. 10, as last amended by the Federal Law BGBl. I No 89/2004, shall be amended as follows:

1. § 1 (2) and (3) shall be replaced by the following paragraphs 2 to 4:

" (2) The posts to be filled by the President and the Vice-President shall be issued by the Federal Chancellor, the posts of the other members of the President shall be issued by the President. The invitation to tender shall be issued as soon as possible three months before, but at the latest one month after the vacancy of the planning body. To the extent that they are to be registered by the same institution, a number of posts may be advertiseted jointly and may, together with the invitation to tender of a planning agency, the invitation to tender issued by the appointing authority, which may be released by the appointment to this post office. (follow-up post).

(3) The post office is to be published in the "Official Journal of the Wiener Zeitung" and in the national newspapers designated for official customer services; the invitation to tender may also be published in other appropriate ways.

(4) For the posts of the members of the Administrative Court, with the exception of the President and the Vice-President, tripartite proposals shall be submitted by the General Assembly and shall be submitted by the President to the Federal Chancellor. "

2. § 11 para. 2 reads:

" (2) At least one member must belong to the senate to be formed in accordance with this federal law, which has the competence to judge. The senates involved in financial management matters must also be a member of the senior financial service, a member of all the other senates who have the ability to serve in the general government administration, or with a previous use which replaces that competence. "

3. § 21 (1) reads:

" (1) Parties to the proceedings before the Administrative Court are

1.		the complainant,
2.		the Authority,
3.		in the cases of § 22, second sentence, also the Federal Minister of State or the Land Government,
4.		in the case of complaints lodged against the decision of an administrative authority in accordance with Art. 131 B-VG, the persons affected by the annulment of the contested decision in their legal interests (co-participants). "

(4) the following second sentence is added:

" This does not apply

1.		where an institution of that self-governing body is an institution of that self-governing body in a matter of its own sphere of action, or
2.		if the competent authority or its members are not bound by any instructions in the performance of their duties. "

5. In § 23 (1), second sentence, the word "Wirtschaftsprüfer" by the words "Tax Adviser or Auditor" replaced.

6. In § 23 (4) and (5), § 24 (3) (Z) 5, § 49 (5) and § 57, the parenthesis shall be "(chartered accountant)" by the parenthesis expression "(tax adviser or auditor)" replaced.

7. § 24 para. 2 first sentence reads:

"The complaints and requests for resumption of the proceedings and for re-establishment of rights (§ § 45 and 46) shall be submitted by an authorized attorney (tax advisor or auditor)."

8. The following paragraph 2a is inserted in § 24:

"(2a) Signatures do not require a signature."

9. § 24 (3) Z 2 reads:

" 2.		The fee is 220 Euro. The Federal Chancellor and the Federal Minister of Finance are authorized to redefine the input fee in agreement with the Main Committee of the National Council by Regulation, as soon as and as far as that of the Federal Statistical Office "Statistics Austria" amended by more than 10% in 2005, or by an index at its point of reference to that for January 2008, and as a result of which the index number was based on the last set. The new amount shall be calculated from the amount referred to in the first sentence in the ratio of the change in the index number lauded for January 2008 to the index number applicable to the redetermination, but shall be rounded up or down to ten euro. "

10. In § 24 (3) Z 5, the words "a post office" by the words "a Post Office" replaced.

11. § 25 (1) reads:

" (1) The parties may consult the Administrative Court in the files relating to their cases and may make copies of their own copies of files or parts of the act, or have copies or prints produced at their cost. 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. "

12. In § 27 (1), before the words "Instantiation" and "Instantiation" the word "administrative" inserted.

13. § 27 (2) and (3) shall be replaced by the following paragraph 2:

" (2) The time of proceedings before the Constitutional Court in accordance with Art. 139, 139a, 140 or 140a B-VG or a preliminary ruling procedure before the Court of Justice of the European Communities shall not be included in the decision-making period referred to in paragraph 1. As long as such a procedure is pending, a sowing complaint cannot be imposed. "

14. § 28 (1) Z 2 reads:

" 2.		the name of the authority which issued the notification (the authority), "

15. § 28 (3) reads:

" (3) In the case of an abatation complaint in accordance with Art. 132 B-VG, the information referred to in paragraph 1 Z 1, 2, 5 and 7 shall be deleted. The competent authority shall be the supreme authority, or the independent administrative Senate , the decision of which was required in the case. In addition, it must be made credible that the Deadline for the collection of sowing complaints pursuant to § 27 (1) has expired. "

16. § 28 (5) reads:

" (5) complaints pursuant to Art. 131 B-VG shall be made up of a copy, copy or copy of the contested decision if the person concerned has been notified of the decision. Complaints against a wheat (Art. 81a (4) B-VG) shall be connected with a copy, copy or copy of the contested instruction if it has been issued in writing. "

17. § 31 (1) Z 1 reads as follows:

" 1.		in matters in which they themselves, one of their relatives (Article 36a AVG) or one of their carers, are involved; "

18. § 31 (1) (2) deleted.

19. In § 33 (2), § 34 (2) and Article 36 (6), the word "Andepriving" in each case by the word "setting" replaced.

Article 34 (4) reads as follows:

"(4) The provisions of paragraphs 1 to 3 shall apply mutatily to requests for the resumption of proceedings and for re-establishment of rights to the previous state."

21. In § 36 (2), second sentence, the word "Managing Authority" by the words "Competent Authority" replaced.

22. § 36 (4).

23. § 36 (5) reads:

"(5) A copy of the countertext together with the supplements shall be sent to the other parties."

24. § 36 (7) last sentence reads:

" The counterstatement shall be sent to the competent authority. "

Section 38 (2) reads as follows:

" (2) The competent authority shall submit the files. If it fails to do so, the Administrative Court may, if it has expressly referred the matter to the authority concerned with regard to this order of sowing, can, on the basis of the complainant's claims, recognise. "

26. § 38a (3) Z 1 lit. c is:

" (c)			The time limit for the collection of an amortised complaint pursuant to Article 27 (1) and the decision-making deadlines laid down in the laws governing the individual territories of the administration are being hammered out. "

27. In § 42 para. 4, first sentence, the word "Authority" by the words "Competent Authority" replaced.

28. The following sentence is added to section 43 (3):

" Copies in the form of electronic documents must be accompanied by an official signature (§ 19 E-GovG); copies in the form of copies of electronic documents furnished with an official signature, or copies of such printed documents do not need to meet any further requirements. "

29. § 47 para. 2 Z 1 reads:

" 1.		the complainant, the party to which the competent authority is subject, in the case of the annulment of the contested decision; "

30. § 47 (5) reads:

" (5) The rate of immigrant to be paid by the competent authority on the basis of this federal law shall be borne by that legal entity on whose behalf it should have acted or should have acted in the case of a complaint. This legal entity is also entitled to the rate of immigrant movement, which is to be provided to the competent authority on the basis of this federal law. "

31. § 48 (1) reads:

" (1) The appellant is entitled to substitute as the obsieving party.

1.		the Commission's fees and the input fee in accordance with Section 24 (3), which it is required to pay in proceedings before the Administrative Court, and the cash expenses of the Administrative Court for which it has to be paid;
2.		the expense associated with the lodging of the complaint 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). "

32. In § 48 (2) (1), the words shall be: "their files" by the words "the file of the administrative procedure" replaced.

33. § 48 (3) reads:

" (3) A co-participant has the right to a replacement as the party

1.		the Commission's fees and the input fee in accordance with Section 24 (3), which it is required to pay in proceedings before the Administrative Court, and the cash expenses of the Administrative Court for which it has to be paid;
2.		the expense associated with the introduction of a countertext by a lawyer (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). "

34. § 49 (1) reads:

" (1) As a substitute for the pleadings and the expenses for negotiations pursuant to § 48 (1) (2) and (4) and (3) (2) and (4), flat-rate amounts are to be paid by the Federal Chancellor in agreement with the Main Committee of the National Council by means of a regulation in the extent to which the average cost of the submission of one of the pleadings referred to in Article 48 (1) (2) and (3) (2) and (2) (2), respectively, is the representation by an attorney. "

35. In § 49 (2), first sentence and para. 4, the word "lump sums" in each case by the word "flat-rate amounts" replaced.

36. § 49 (2) second sentence reads:

" However, the amount of the flat-rate amounts for the pleadings-and for the expenses for negotiations may not exceed half of the lump-sum amounts which, on the basis of paragraph 1, as a substitute for the amount of submissions pursuant to § 48 (1) (2) and (2) (2), respectively. for the negotiation expenses according to § 48 (1) (4) (4). "

37. In § 49 (5), § 53 (2) and § 54 (3), the parenthesis shall be "(chartered accountants)" by the parenthesis expression "(tax adviser or auditor)" replaced.

38. § 50 reads:

" § 50. In cases where a decision has been partially annulled by the Administrative Court, the question of the right to an immigrant sentence (§ 47) must be assessed in such a way as to have been annulled if the decision had been taken. "

39. § 52 para. 2 third sentence reads:

"Commission fees, the input fee in accordance with Section 24 (3) and the cash outlays shall be replaced to the extent to which they were payable."

40. In § 54, para. 2, the quote is "§ 49 (1)" by quoting "§ 49 (1) and (2)" replaced.

41. In § 55 (1) and § 56, the word "lump sum" in each case by the word "Lump Sum" replaced.

42. In § 55, paragraphs 2 to 4 are replaced by the following paragraph 2:

" (2) (1) shall not apply if:

1.		the competent authority is capable of demonstrating reasons which have made it impossible to release the person on time and these reasons have been disclosed to the appellant before the sowing complaint has been submitted,
2.		the delay in the official decision was solely due to the fault of the party; or
3.		the administrative matter on which the complaint is based is likely to be carried out. "

43. § 59 sec. 2 Z 4 reads:

" 4.		for services relating to Commission fees and cash outlays within one week of the date on which the service is to be made compulsory. "

44. § 59 (3) third sentence reads:

" However, if at least a general application for an immigrant rate has been applied until the decision has been taken, the flat-rate amounts for the amount of the plea, the expenses and the costs of negotiation, as well as the actual expenses, have been paid. Commission fees and the input fee in accordance with § 24 para. 3, in any event, to the extent to which they are due. "

45. § 60 deleted.

(46) § 61 (2) the following sentence is added:

"The party's wishes on the selection of this lawyer shall be in accordance with the well-known attorney-at-law as far as possible."

47. In § 62 (2), the words "Insatiable Authority" by the words "Competent Authority" replaced.

48. The heading to the second subsection of the II. Section is:

" 2. Subsection

Special provisions on complaints in the field of official and organ liability, as well as in matters of review in the context of the award of contracts "

49. In § 64, the staple citation " (§ 11 impeachment law, BGBl. No 20/1949; § 9 of the German Organ Liability Act, BGBl. No. 181/1967) " by the citing quote " (§ 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) " replaced.

50. In § 65 (1), the parenthesis shall be "(§ 11 impeachment law; § 9 of the German Organ Liability Act)" by the citing quote "(§ 11 of the Official Liability Act; § 9 of the Organic Liability Act; § 341 (4) BVergG 2006)" replaced.

51. § 65 (3) reads:

" (3) The Administrative Court shall require the authority which has issued the decision to submit the files of the administrative procedure, in so far as they do not already accompany the act of the applicant court, within two weeks. If the Authority does not comply with this request, the Administrative Court may decide to take its decision

1.		in the case of proceedings initiated in accordance with Article 11 of the Official Liability Act, on the basis of the file and the claims made by the plaintiff,
2.		in the case of a procedure initiated in accordance with Section 9 of the Organic Liability Act, on the basis of the files submitted to it and of the defendant's claims,
3.		in the case of proceedings initiated pursuant to Section 341 (4) BVergG 2006, on the basis of the files submitted to it and of the claims of the parties to the dispute before the applicant court
"

52. § 70 with headline reads:

" Supplementary provisions

§ 70. § § 22 bis 25, § 29, § 31, § 32, § 33 para. 2, § 33a, § 34, § 36 Abs. 8, § 38b, § 40, § 41 Abs. 1, § 43 paragraphs 1 to 5 and 7 to 9 as well as the § § 45, 46 and 62 paragraph 1 apply. "

53. In accordance with § 70, the following new 3. Subsection of the II. Section inserted:

" 3. Subsection

Special provisions in procedures concerning the decisions of the Asylum Court in accordance with Art. 132a (1) B-VG

Parties

§ 71. Parties to the proceedings under this subsection shall be the Asylum Court, the Federal Minister of the Interior and the parties to the proceedings before the Asylum Court, which has given rise to the release of the landmark decision.

Initiation of proceedings

§ 72. The Asylum Court has to submit a decision of principle in accordance with Article 129e (1) second sentence B-VG to the Administrative Court. The submission shall be followed by the files of the procedure.

Reject

§ 73. Inadmissible documents shall be rejected in any state of the proceedings without further proceedings in a non-public session with a decision.

Pre-Procedure

§ 74. (1) The decision of principle shall be communicated to the parties, with the exception of the Court of Asylum, which shall be free to make written observations within four weeks of the transmission of the fundamental decision. Written comments shall be sent to the other parties, which may be subject to written counter-statements.

(2) If the facts of the case need to be supplemented by an essential point, the Administrative Court shall have the necessary additions to the investigative procedure carried out by the Asylum Court.

Negotiation

§ 75. The execution of a trial shall be left to the Administrative Court.

Knowledge

§ 76. (1) The Administrative Court shall always decide on a decision of principle-unless the submission is to be rejected as inadmissible-in the case itself. The Court of Justice shall have the right, both in the statement and in the explanatory statement, to replace that of the Court of Asylum and to amend the decision of principle in each direction.

(2) If the Administrative Court does not decide within six months of the presentation of the decision of principle, the decision shall be deemed to have been confirmed.

(3) The period of proceedings before the Constitutional Court in accordance with Articles 139, 139a, 140 or 140a B-VG, the time of a preliminary ruling before the Court of Justice of the European Communities or the time taken by the Asylum Court in accordance with Article 74 (2) of the Treaty in the case of the necessary additions to the investigation procedure, the decision-making period referred to in paragraph 2 shall not be included in the calculation.

(4) Basic decisions shall be binding in all cases in which the legal question to be answered with them is to be resolved.

Cost

§ 77. The costs incurred in this procedure are the costs of the proceedings before the Asylum Court.

Additional provisions

§ 78. § § 23, 24 (1), 25, 29, 31, 32, 36 (8), 38b, 40, 41 (1), 43 and 62 (1) shall apply mutatily to the extent to which the results of § § 71 to 77 do not apply otherwise. "

54. The previous § 71 shall be replaced by the following § 79 with title:

" Linguistic equality

§ 79. In so far as the names referred to in this Federal Act on natural persons are listed only in male form, they refer to women and men in the same way. The use of the designation for certain natural persons shall be subject to the gender-specific form. '

55. The previous § § 72, 73 and 74 receive the paragraphs " § 80. " , " § 81. " and " § 82. " .

56. The following paragraph 8 is added to the previous § 73 (§ 81 new):

" (8) § 1 para. 2 to 4, § 11 para. 2, § 21 para. 1, § 22 second sentence, § 23 para. 1 second sentence, para. 4 and para. 5, § 24 para. 2 first sentence, para. 2a and para. 3 Z 2 and 5, § 25 para. 1, § 27, § 28 para. 1 Z 2, para. 3 and 5, § 31 para. 1 Z 1, § 33 para. 2, § 34 2 and 4, § 36 (2), second sentence, para. 5, para. 6 and paragraph 7, last sentence, § 38 paragraph 2, § 38a para. 3 Z 1 lit. c, § 42 para. 4 first sentence, § 43 para. 3, § 47 para. 2 Z 1 and para. 5, § 48 para. 1, para. 2 Z 1 and para. 3, § 49 para. 1, 2, 4 and 5, § 50, § 52 Section 2, third sentence, § 53 (2), § 54 (2) and (3), § § 55 to 57, § 59 (2) (4) and (3), third sentence, § 61 (2), section 62 (2), the title of the second subsection of the II. Section, section 64, section 65 (1) and (3), section 70, together with the title, the third subsection of the II. Section, the previous § 71 (§ 79 together with the title new) and the paragraphs of the previous § § 72 to 74 (§ § 80 to 82 new) in the version of the Federal Law BGBl. I n ° 4/2008 enter into force on 1 July 2008; at the same time, § 31 (1) Z 2, § 36 (4) and § 60 are repeal. "

Article 4

Amendment of the Constitutional Court Act 1953

The Constitutional Court Act 1953-VfGG, BGBl. No. 85, as last amended by the BGBl agreement. I No 163/2006, is amended as follows:

1. § 1 (2) is replaced by the following paragraphs 2 to 4:

" (2) If the post of a member or substitute member of the Constitutional Court is likely to be vacated within the next three months or if such an office is carried out, the President shall inform the chairman of that institution which shall: in accordance with Article 147 (2) B-VG, to submit the nomination proposal.

(3) The Chairman (para. 1) the post must be issued immediately, but no later than one month after the vacancy for the general application. Insofar as they are provided by the same Chairman ( 1), a number of posts may be written jointly and the invitation to tender may be accompanied by the invitation to tender for the vacancy which may be released by the appointment.

(4) The invitation to tender shall be published in the "Official Journal of the Wiener Zeitung" and in the national newspapers intended for official customer service. "

2. The last sentence of § 2 (1) and section 84 (1) shall be deleted after the word "President" the words "the Constitutional Court" .

3. In § 7 para. 2 lit. b and § 42 para. 1 shall be the expression of the staples " (Art. 138 (1) lit. a of the Federal Constitutional Law) " in each case by the bracket expression " (Art. 138 (1) (1) (1) (B) ".

4. In Section 8 (2), Section 75 (1) and Article 85 (4), the word shall be deleted after the word "Presidents" the words "the Constitutional Court" .

5. § 11 deleted.

Article 13a (2) reads as follows:

"(2) The evidence office shall be responsible, in particular, for the clear coverage of the findings of the Constitutional Court, and, if necessary, the decisions of other supreme courts and the relevant literature."

7. § 17a Z 1 reads:

" 1.		The fee is 220 Euro. The Federal Chancellor and the Federal Minister of Finance are authorized to redefine the input fee in agreement with the Main Committee of the National Council by Regulation, as soon as and as far as that of the Federal Statistical Office "Statistics Austria" amended by more than 10% in 2005, or by an index at its point of reference to that for January 2008, and as a result of which the index number was based on the last set. The new amount shall be calculated from the amount referred to in the first sentence in the ratio of the change in the index number lauded for January 2008 to the index number applicable to the redetermination, but shall be rounded up or down to ten euro. "

8. In § 17a Z 4, the words shall be: "a post office" by the words "a Post Office" replaced.

9. In § 19 para. 3 Z 1 the expression "pursuant to Art. 144 (2) B-VG" by the expression "pursuant to Article 144 (2) and Article 144a (2) B-VG" replaced.

10. In accordance with § 19, the following § 19a and title shall be inserted:

" Obtaining a preliminary ruling from the Court of Justice of the European Communities

§ 19a. (1) Decisions of the Constitutional Court to refer a question to the Court of Justice of the European Communities for a preliminary ruling under Art. 234 of the EC Treaty or Article 150 of the EAEC Treaty shall be notified to the parties. If the Constitutional Court has taken such a decision, it may, by the time of the preliminary ruling, carry out only such acts and only take such decisions and orders which are not affected by the preliminary ruling , or do not allow the question to be finally settled and not allowed to be postponed.

(2) If the requested preliminary ruling has not yet been received and the Constitutional Court has no longer applied the provision which was the subject of its preliminary ruling, it shall immediately withdraw it. "

11. In § 28 (1), first sentence, the word order shall be "36 Euro" through the phrase "109 Euro" replaced.

12. In Section 28 (2), the word order shall be "nine days" through the phrase "Three Days" replaced.

13. In § 33, the expression "Art. 144 of the Federal Constitutional Law" by the expression "Art. 144 and 144a B-VG" replaced.

14. In § 34 the expression "Art. 137, 143 and 144 of the Federal Constitutional Law" by the expression "Art. 137, 143, 144 and 144a B-VG" replaced.

Section 36c (1) reads as follows:

"(1) Parties shall be the applicant, the legal entity with which a disagreement has arisen over the competence of the Court of Auditors, and the Court of Auditors."

16. § 43 (1) reads:

" (1) A conflict of competence has arisen as a result of the fact that

1.		the Administrative Court or the Asylum Court and a full court,
2.		the Administrative Court and the Asylum Court, or
3.		the Constitutional Court itself and another 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 realization only if a court or one of the above-mentioned tribunals has a legally binding saying in the main thing is not pleasing yet. "

17. § 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,
2.		the Administrative Court or the Asylum Court and a full court,
3.		the Administrative Court and the Asylum Court, or
4.		the Constitutional Court itself and another court
(Art. 138 (1) (1) (1) and (2) B-VG) have rejected competence (conflict of competence), can only be made by the party involved. "

18. In § 47 (1) and § 50 (1), the parenthesis shall be " (Art. 138 (1) lit. c of the Federal Constitutional Law) " in each case by the bracket expression " (Art. 138 (1) Z 3 B-VG) ".

19. In Section 56 (3), the word "Constitutional Court" before the word "present" by the word "Court of Justice" replaced.

20. § 68 (1) last sentence reads:

"Where reference is made to documents for the purposes of the taking of evidence, copies, copies or copies of such documents shall be sent to the Wahlanfege."

21. § 72 (3) reads:

" (3) The charges decided by the Federal Government are to be brought by the Federal Chancellor. The indictment must be accompanied by the certified copy of the positions of the Council of Ministers, which indicate the decision of the Federal Government to collect the indictment. This also applies analogously in the case of the subsequent extension of the prosecution to a member of the state government, which is appointed in accordance with Art. 103 (2) B-VG with the affairs of the indirect federal administration. "

22. In Section 74 (3), the word "Officials" by the words "Publicly staff" replaced.

Section 74 (5), first sentence reads as follows:

"The preliminary investigation shall be stopped if the representative body (the representative bodies) or the federal government withdraw their charges."

Section 80 (2) and (3) reads as follows:

" (2) In the one-year period referred to in paragraph 1, the period from the date on which the application for the prosecution of the charge in the representative body (in the relevant body of representation) has been submitted shall be the period until the final decision on this request is made, however. for a maximum period of six months, not to be included.

(3) By the expiry of the legislative period of the representative body (one of the representative bodies) or by the departure of the Federal Government from the Office, the proceedings shall not be prevented by a decided indictup. "

25. In the heading to Section K, the parenthesis " (Art. 144 of the Federal Constitutional Law) " by the parenthesis expression " (Art. 144 and 144a B-VG) " replaced.

26. The following paragraph 1a is inserted in § 82:

" (1a) The appeal may also be levied before the decision has been delivered or proclaimed to the complainant. In the case of the proceedings before the Constitutional Court, the decision shall be deemed to have been served on the day on which the appellant has become aware of its contents. "

27. § 82 para. 2 Z 2 reads:

" 2.		the name of the authority which has issued the communication (the authority concerned); "

Section 82 (3) reads as follows:

"(3) If the contested decision has been notified to the appellant, the appeal shall be a copy, copy or copy of the appellant."

29. In § 83 (1) the expression "Authority from which the decision under appeal arises," by the words "Competent Authority" replaced.

30. In § 84 (1) and § 85 (2) and (3), the expression "Authority (Section 83 (1))" by the words "Competent Authority" replaced.

31. In § 84, para. 2, the expression "Authority (Section 83 (1))" by the words "Competent Authority" replaced.

32. In accordance with § 86, the following § 86a is inserted:

" § 86a. (1) In the case of the Constitutional Court, there is a significant number of cases of complaints in which similar legal questions are to be resolved, or there is reason to believe that a significant number of such complaints will be brought in, so that the Constitutional Court can decide to do so. Such a decision shall contain:

1.		the legislation to be applied in these procedures;
2.		the legal questions to be resolved under this legislation;
3.		the indication which of the complaints will be dealt with by the Constitutional Court.

(2) commit decisions pursuant to paragraph 1 to the extent that the legislation referred to therein at least also includes laws, state contracts approved in accordance with Article 50 (1) B-VG, or state contracts in accordance with Art. 16 (1) B-VG, the law-changing or In addition to this, the Federal Chancellor or the competent State Governor, otherwise the competent authority of the Federal Government or of the Federal Republic of Germany, shall be responsible for their immediate customer service.

(3) At the end of the day of the presentation of the decision in accordance with paragraph 1, the following effects occur:

1.		in cases where an administrative authority appointed to the decision in the supreme authority has or has to assess the legislation referred to in the decision and has to assess a question of law referred to in that decision:
a)			Only such acts may be made or decisions and decrees taken which cannot be influenced by the knowledge of the Constitutional Court or which do not conclude the question in conclusion and not a postponment. .
b)			The deadline for filing a complaint in accordance with § 82 (1) does not begin to run; an ongoing complaint period is interrupted.
2.		in all the cases referred to in paragraph 1 pending before the Constitutional Court, which are not mentioned in the decision referred to in paragraph 1:
		Only such acts may be made or decisions and decrees taken which cannot be influenced by the knowledge of the Constitutional Court or which do not conclude the question in conclusion and not a postponment. .

(4) In his knowledge, the Constitutional Court shall summon his atonement in one or more jurisdictions which shall be declared without delay in accordance with the conditions laid down in paragraph 2. At the end of the day of the proclamation, an interrupted period of appeal shall begin to run anew and end the other effects of the third paragraph. "

33. In accordance with § 88, the following § 88a is inserted:

" § 88a. The provisions of this section, with the exception of section 87 (3) thereof, shall apply to complaints against decisions of the Asylum Court in accordance with Art. 144a B-VG. "

34. In the heading to Section L, the quote " Art. 148i (2) " by quoting " Art. 148i (1) and (2) " replaced.

35. In § 93 Z 1, the quote " (Art. 148f B-VG) " by quoting " (Art. 148i para. 1 B-VG) " replaced.

36. The following paragraph 22 is added to § 94:

" (22) § 1 para. 2 to 4, § 2 para. 1 last sentence, § 7 para. 2 lit. b, § 8 para. 2, § 13a para. 2, § 17a Z 1 and 4, § 19 para. 3 Z 1, § 19a including the title, § 28 para. 1 first sentence and para. 2, § 33, § 34, § 36c para. 1, § 42 para. 1, § 43 para. 1, § 46 para. 1, § 47 (1), § 56 (3), § 68 (1), last sentence, § 72 (3), § 74 (3) and (5), first sentence, § 75 (1), section 80 (2) and (3), the title of Section K, § 82 (1) (a), (2) and (3), § 83 (1), § 84, § 85 (2) to (4), § § 85 (2) and (3). 86a, § 88a, the title of Section L, § 93 Z 1 and § 94a, together with the title in the version of the Federal Law BGBl. I n ° 4/2008 enter into force on 1 July 2008; at the same time, Section 11 repeals. "

37. In accordance with § 94, the following § 94a shall be inserted with the title:

" Linguistic equality

§ 94a. In so far as the names referred to in this Federal Act on natural persons are listed only in male form, they refer to women and men in the same way. The use of the designation for certain natural persons shall be subject to the gender-specific form. '

Article 5

Amendment of the Federal Ministries Act 1986

The Federal Ministries Act 1986-BMG, BGBl. N ° 76, as last amended by the Federal Ministries of the Federal Republic of Germany in 2007, BGBl. I n ° 6, shall be amended as follows:

(1) The following paragraph 19 is added to Article 17b:

" (19) For the entry into force of the by the Federal Law BGBl. I n ° 4/2008 amended or recast provisions and for the expiry of the provisions repealed by this Federal Act as well as for the transition to the new legal situation, § § 16 and 16a shall apply as well as the following provisions:

1.		Section A Z 7, Section B, Section H Z 16 and Section L Z 16 and 17 of Part 2 of the Appendix to § 2 will enter into force on 1 March 2007.
2.		Section E Z 1, Section F Z 6 and Section K Z 13 of Part 2 of the Appendix to Section 2 shall enter into force 1. Jänner 2008 in force.
3.		§ 16 Z 6 is to be applied with regard to the staff transferred from the Federal Ministry of the Interior to the Federal Chancellery. "

2. In Section A Z 7, Section B, and Section L Z 16 and 17 of Part 2 of the Appendix to § 2, the words shall be: "Foreign Affairs" by the words "European and international affairs" replaced.

3. In Section E Z 1 of Part 2 of the Appendix to § 2, the seventh and eighth sub-stocks shall be replaced by the following sub-facts:

		"Residence ban, expulsion and deportation; asylum; matters of extradition, insofar as they are not to be carried out by judicial authorities."

4. In Section E Z 1 of Part 2 of the Appendix to § 2, the tenth sub-project shall be:

		"Association and assembly law."

5. In Section F Z 6 of Part 2 of the Appendix to § 2, the last sub-item is:

		"Matters of extradition, as far as they are to be carried out by judicial authorities."

6. In section H Z 16 of Part 2 of the Appendix to § 2 the words shall be: "Education, science and culture" by the words "Science and research" replaced.

7. In Section K Z 13 of Part 2 of the Appendix to § 2 the word sequence is deleted " , as well as the affairs of the Innovation and Technology Fund " .

Article 6

Amendment of the Introductory Act to the Administrative Procedures Law 1991

The Introductory Act to the 1991-EGVG, BGBl administrative procedure laws. No. 50, as last amended by the Federal Law BGBl. I No 106/2005, shall be amended as follows:

1. Art. II (2) Z 43a is deleted.

2. The Art. The following paragraph 16a is added to XII:

" (16a) Art. II (2) Z 43a shall expire on 30 June 2008. '

Article 7

Amendment of the General Administrative Procedure Act 1991

The General Administrative Procedure Act 1991-AVG, BGBl. No. 51, as last amended by the Federal Law BGBl. I n ° 10/2004, shall be amended as follows:

1. In § 36, the previous sales designation shall be deleted "(1)" and paragraph 2.

2. In § 67a, the previous sales denomination "(1)" and paragraph 2.

3. In § 67c (1) and § 67h (1) the term " " 1 " .

(4) The following paragraph (13a) is inserted in Article 82:

" (13a) In the version of the Federal Law BGBl. I n ° 4/2008 enter into force:

1.		§ 36 with the end of the day of the proclamation of this Federal Act;
2.		§ 67a, § 67c (1) and § 67h (1) with 1 July 2008. "

Article 8

Amendment of the Tourism Act 2005

The Foreign Police Act 2005-FPG, BGBl. I n ° 100, as last amended by the Federal Law BGBl. I n ° 99/2006, is amended as follows:

1. In § 50 (5) the word order shall be "the asylum authorities" through the phrase "the Federal Asylate Office or the Asylum Court" replaced.

2. In Section 51 (1), the word order shall be "an asylum authority" through the phrase "the Federal Asylamtes or the Asylum Court" replaced.

(3) In § 80 (5), the second sentence shall be the word "vocation" by the word "Complaint" , the phrase "until the decision of the independent federal asylum council" through the phrase "until the decision of the Asylum Court" and in the third sentence, the phrase "the independent Bundesasylsenat" through the phrase "the Asylum Court" replaced.

4. In § 101 (1) the last sentence is:

"Data protection law entities are the authorities according to this federal law and the law of establishment and residence, as well as the Federal Asylate Office and the Asylum Court."

(5) In § 102 (1), the entry rate shall be:

"The authorities according to this federal law and the law of establishment and residence, as well as the Federal Asylate Office and the Asylum Court, may"

6. In Section 103 (1), the word order shall be "the tourist police authorities, asylum authorities, establishment and residence authorities and Austrian representative authorities abroad" through the phrase "the foreign police authorities, the residence authorities, the Federal Asylamtes, the Asylum Court and the Austrian representative authorities abroad" replaced.

7. In § 103 (2), after the word order "The authorities" the phrase "and the Asylum Court" inserted.

8. In § 104 (2), the word order shall be "von Asyl-und von Niederlassungs-und sidency" through the phrase "from the residence authorities, from the Federal Asylate Office and from the Asylum Court" replaced.

9. In Section 119 (2), the word order shall be "an asylum authority" through the phrase "the Federal Asylate Office or the Asylum Court" replaced.

10. The following paragraph 5 is added to § 126:

" (5) § § 50 (5), 51 (1), 80 (5), 101 (1), 102 (1), 103 (1) and (2), 104 (2) and 119 (2) in the version of the Federal Law BGBl (Federal Law). I n ° 4/2008 enter into force on 1 July 2008. '

Article 9

Amendment of the law on the establishment of a residence and residence permit

The law on the establishment and residence of the NAG, BGBl. I n ° 100/2005, as last amended by the Federal Law BGBl. I n ° 99/2006, is amended as follows:

1. In Section 36 (2), the word order shall be "of asylum and tourist police authorities" through the phrase "from the Federal Asylate Office, the Asylum Court and the Foreign Police Authorities" replaced.

2. In § 45 (5), the phrase in the first sentence shall be: "the Asylum Authority" through the phrase "the Federal Asylamtes or the Asylum Court" and in the third sentence, the phrase "The Asylum Authority" through the phrase "The Federal Asylate Office or the Asylum Court" replaced.

(3) The following paragraph 7 is added to § 82:

" (7) § § 36 (2) and (45) (5) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 4/2008 enter into force on 1 July 2008. '

Article 10

Amendment of the Basic Supply Act-Federal Government 2005

The Basic Supply Act-Federal Government 2005-GVG-B 2005, BGBl. No. 405/1991, as last amended by the Federal Law BGBl. I No 100/2005, shall be amended as follows:

1. In § 8 (1a) the word order shall be "of asylum authorities" through the phrase "from the Federal Asylate Office and the Asylum Court" replaced.

(2) The following paragraph 13 is added to § 16:

" (13) Section 8 (1a) in the version of the Federal Law BGBl. I n ° 4/2008 will enter into force on 1 July 2008. '

Article 11

Amendment of the Citizenship Act 1985

The Law of the Citizenship 1985-StbG, BGBl. N ° 311, as last amended by the Federal Law BGBl. I No 37/2006, is hereby amended as follows:

1. In Section 11a (4) (1), the word order shall be "the asylum authority" through the phrase "the Federal Asylate Office" replaced.

2. In § 16 paragraph 1 Z 2 lit. c will be the phrase "a legitimation card" through the phrase "A photo ID for holders of privileges and immunities" replaced.

3. In § 16 para. 2, the quote shall be " 1 Z 3 " by quoting " 1 Z 1, 2 and 5 " replaced.

4. § 41 (4), first sentence reads:

" In the case of a foreigner who is resident in the territory of the Federal Republic of Germany, the authority (§ 39) has the responsibility of the foreign police authority responsible under the Law of Foreign Affairs in 2005 and the post-establishment and post-establishment law of the Federal Republic of Germany. (§ 105 (4) of the FPG and Section 37 (2) of the NAG). "

5. The following paragraph 6 is added to Section 64a:

" (6) § 11a (4) (1), § 16 (1) (2) (c), § 16 (2) and § 41 (4), as amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 4/2008 enter into force on 1 July 2008. '

Article 12

Amendment of the Security Policy Act

The Security Policy Act-SPG, BGBl. No 566/1991, as last amended by the Federal Law BGBl. I n ° 56/2006, is amended as follows:

1. In Section 58b (2), the word order shall be "to asylum authorities" through the phrase "to the Federal Asylate Office and the Asylum Court" replaced.

(2) The following paragraph 23 is added to § 94:

" (23) § 58b (2) in the version of the Federal Law BGBl. I n ° 4/2008 will enter into force on 1 July 2008. '

Article 13

Amendment of the Weapons Act 1996

The Weapons Act 1996-WaffG, BGBl. I n ° 12/1997, as last amended by the Federal Law BGBl. I n ° 136/2004, shall be amended as follows:

1. In Section 55 (2), the word "Asylum Authorities" through the phrase "to the Federal Asylate Office and the Asylum Court" replaced.

2. The following paragraph 8 is added to § 62:

" (8) § 55 (2) in the version of the Federal Law BGBl. I n ° 4/2008 will enter into force on 1 July 2008. '

Fischer

Gusenbauer