Asylum Court Establishment Law

Original Language Title: Asylgerichtshof-Einrichtungsgesetz

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4. Federal law, an asylum Court law is passed with the asylum Act 2005, the Supreme Administrative Court Act of 1985, the Constitutional Court Act 1953, the Federal Ministry of law of 1986, the introduction Act to the administrative procedure laws 1991, the General Administrative Procedure Act 1991, the 2005 Aliens Police Act, the settlement and residence Act, the basic supply law Federal 2005, the 1985 Citizenship Act, the Security Police Act and the gun law be changed (asylum Court establishment Act) 1996

The National Council has decided:

Article 1

Federal Act on the asylum Court (asylum Court Act - AsylGHG)

Table of contents



1 Organization of the asylum court part







1. section seat and composition of the asylum Court







§ 1.





Seat







§ 2.





Composition and appointment of judges







2. section status of judges of the Court of asylum







§ 3





Incompatibility







§ 4.





Service, pay and disciplinary law of the judge







§ 5.





Attendance at and task care outside the service point







3. cut out organs of the asylum Court







§ 6.





President of the Court of asylum







§ 7.





General Assembly







§ 8.





Head of the Branch Office







§ 9.





Senate and Chamber Senate







§ 10.





Immediacy of the proceeding; Consultation and coordination







§ 11.





Duties of the Chairman and of the assessor of a Senate







§ 12.





Duties of the Chairman and of the th of a Chamber Senate







4. section course and conduct of business of the asylum Court







§ 13.





Business distribution







§ 14.





Court departments and Chambers







§ 15.





Assignment and acceptance of cases







§ 16.





Partiality of judges







§ 17.





Business leadership







§ 18.





Rules of procedure







§ 19.





Publication of decisions







5. section controlling and reporting







§ 20.





Controlling







§ 21.





Business cards







section 22.





Activity report







2. part procedural and enforcement







section 23.





Procedure







§ 24.





Enforcement







3 part final provisions







§ 25.





Exclusion of damages







section 26.





References







§ 27.





Linguistic equal treatment







section 28.





Entry into force







section 29.





Transitional provision for the initial occupation of the asylum Court







section 30.





Enforcement





1 part

Organization of the asylum Court

1 section

Seat and composition of the asylum Court

Seat



§ 1 (1) of 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



The asylum Court is 2 (1) of the following members:



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

(2) the President, the Vice-President and judges of the asylum Court are appointed by the Federal President on a proposal from the Federal Government.

(3) to a judge of the Court of asylum can only be appointed, who



1. the Austrian citizenship has, 2. has successfully completed the study of law, or the law and political science studies, has 3 at least over a five-year legal experience, in particular in the field of asylum and aliens, and 4 for the pursuit of the business of a judge of the Court of asylum-related task is personally and professionally suitable.

(4) prior to the appointment of the President or the Vice President, the relevant position of the Chancellor is to announce the appointment of judges by the President to the general application. The tender has preferably three months, to take place no later than within one month after the release of the position.

(5) the plan is to advertise in the "Amtsblatt zur Wiener Zeitung". The tender may be announced also in other appropriate ways.

2. section

Status of judges of the Court of asylum

Incompatibility



3. (1) the asylum Court allowed members of the Federal Government or a land Government, Secretaries of State, members of a general representative body or of the European Parliament, the President of the Court of Auditors, the head of a land court, members of the Ombudsman Board, country people lawyers, as well as Mayor does not belong to. For members of a general representative body or of the European Parliament, the incompatibility among premature abandonment of the mandate continues until the end of the legislative or mandate.

(2) to the President or Vice-President of the Court of asylum may not be orderable in addition, who has exercised one of the functions referred to in paragraph 1 in the last five years.

Service, pay and disciplinary law of the judge



Section 4 (1) where in this federal law not else is determined, the applicable to the employment relationship of the judges of the provincial court of provisions of the Judges Act - RDG, Federal Law Gazette apply by analogy to no. 305/1961, on the service relationship of the judge of the asylum Court with the following stipulations:



1. the judges of the asylum Court has, if he has not already done such an oath of service, at the time of his position in article 29, para. 1 RDG planned service oath to do. Is responsible for the acceptance of the oath of service: a) the President with respect to the judges of the asylum Court with the exception of the Vice President and b) the Federal President in terms of the President and Vice President.

2. the staff Senate to 36 RDG pursuant to § elected members (choice members) consists of the President and the Vice President of the asylum Court as members of force Office and three by the General Assembly from among its members. For the three members of the election by the General Assembly from among its members, six alternate members should be chosen.

3. the service description of the judge of the asylum Court with the exception of the President and Vice President in accordance with the staff Senate is 52 RDG.

4. Court of service for the judges of the Court of asylum is the General Assembly of the asylum Court.

5. disciplinary in accordance with § 111 RDG is the asylum Court itself. This negotiated and decides in a disciplinary Senate (§ 112 RDG), who is elected by the plenary Assembly on a proposal from the staff Senate from the middle of the judges of the Court of asylum. The composition of the Disciplinary Tribunal is to show the Chancellor. Disciplinary law in the sense of § 118 1 RDG is disciplinary counsel responsible for the Federal Chancellor's Office.

(2) by way of derogation from article 66, para. 1 RDG is the salary of the judge of the Court of asylum:



in the 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 the articles 66 and 68 RDG is due to the President of the Court of asylum a fixed salary in the amount of 8 254.5 euro.

(4) by way of derogation from § 68 RDG a quiet pleasure enabled service allowance in the amount of 511,3 euro to Vice-President of the asylum Court.

Attendance at and task care outside the service point



§ 5 (1) of the judges of the Court of asylum has to establish its presence at the service point (section 1) so that he can properly fulfil its service obligations.

(2) the judge may get his official duties outside the station. For the task of care outside the Department is entitled to necessary working funds, nor a claim for reimbursement of the associated costs or financial compensation.

(3) in the case of a task care outside of the services referred to in paragraph 2, the judge has his whereabouts to be selected so that he can fulfil his duties without unusual effort in time and effort.

(4) the judge has his Department to announce its respective residence. If the judge more than three days is outside his residence, he has his services whenever possible to announce the address of an official understanding can come to him.

3. section

Organs of the asylum Court

President of the Court of asylum




6. (1) the President shall direct the asylum Court, are the supervisory authority over all personnel and leads the judicial management of the asylum Court, as far as not under this Federal Act through other institutions to do this. In particular, he perceives the service administrative tasks. It is whether the President also to be taken into account in full respect of judicial independence to a uniform jurisprudence.

(2) the President is in its duties in accordance with the business division to be adopted by him for justice administrative matters by the Vice-President, the Chairman of the Board and, if necessary, by other judges of the Court of asylum support and represented. An inclusion - except in the case of the Vice President and the Chairman of the Board - the consent of the concerned judge and may be revoked at any time by the President. The judges thus entrusted to the instructions of the President involved arranging these tasks.

(3) if the President is prevented, by the Vice President, if this is prevented, by the Chairman of the Board do so appointed for the Business Division for judicial administrative matters or other judges in his entire sphere is represented. This also applies if the authority of the President or Vice-President is vacant.

(4) the President and the Vice President may be in addition to their judicial administration tasks in the jurisdiction, to the extent that the performance of their judicial administration tasks is not affected.

General Assembly



The judges of the asylum Court (§ 2 para 1) together form section 7 (1) the General Assembly.

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



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

2. activity as a Court of service for the judges of the Court of asylum;

3. choice of the Disciplinary Tribunal at the suggestion of the staff Senate;

4. appointment and dismissal of the head of the branch and Deputy of Chief on the proposal of the President;

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

6 appointment and dismissal of the Chairman of the Board and its representatives on the proposal of the President;

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

8 election and dismissal of the members of the controlling Committee;

9. resolution on the activity report.

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

(4) every judge is entitled to make proposals in the General Assembly. It is free the other judges, countermotions or amendments to these proposals. All applications shall be reasoned.

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

(6) if in this Federal Act not otherwise determined is, the presence of at least half of the judges and the simple majority of the votes is required for a resolution of the General Assembly. An abstention is not permitted. Vote the vote of the Chairman shall be decisive.

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

Head of the Branch Office



8. (1) the General Assembly has on proposal of the President of the district in the Branch Office (§ 1 para 2) to appoint judges of the asylum Court the head of the field office for four years. The head of the branch can be dismissed at any time by the General Assembly; such a decision requires a majority of at least two-thirds of the votes cast and shall be justified.

(2) the head of the Branch performs the duties according to § 6 ABS. 1 coming to the President under the responsibility of the President for the area of the branch. Without prejudice to the judicial independence of the Director of the branch office as a judge of the Court of asylum, it is subject to the instructions of the President in the exercise of the duties as head of the Branch Office.

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

(4) are both prevented the head of the branch office as also the Deputy, so is the longest-serving judge of the branch and in the case of the indispensability of the each next longest-serving judges appointed who to represent. This also applies if the Office of the Director of the branch office is unoccupied.

Senate and Chamber Senate



The asylum Court rules § 9 (1) in Senates, if the deadline is not the decision of a judge or reinforced Senate (Senate of Chamber of).

(2) each Senate consists of a judge as Chairman and one other judge as assessors. At least a Deputy of Chairman and at least one substitute member (substitute member) shall be determined for each Senator.

(3) the decision of a strengthened Senate deadline, the responsible Senate is in accordance with the business distribution to strengthen three judges (Chamber Senate). The Senate in a Chamber at the request of a judge to the decision is called, so this has to belong to the Senate Chamber. The competent Chamber Chairman (§ 14 para 3) serves as Chairman of the Senate of Chamber. The other judges are to be called from the middle of the judges (§ 14 para 2) summarized in the Chamber.

(4) a member of the Senate or the Senate of Chamber of is prevented, the Chairman has to have the admission of the replacement member in the allocation of business. In the case of the Chairman of a Tribunal, the competent Chamber Chairman has and in the case of the Chairman of a Senate of of Chamber of President to the entry of Deputy provided for in the allocation of business have.

(5) the activities of the President and Vice President in a Senate or Chamber Senate requires its consent.

Immediacy of the proceeding; Consultation and coordination



10. (1) held a hearing, so the decision can be taken only by those of the asylum Court judges who have taken part in this negotiation. If the composition of the Senate or the Senate of Chamber of has changed, is negotiating to repeat.

(2) a Senate shall constitute a quorum if the Chairman and the assessors, a Chamber Senate if the Chairman and all other members are present. Prevented members are represented by the substitute members (Deputy Chair, compensation Committee member) in the order set out in the business distribution.

(3) the consultation and coordination are not public and are led by the Chairman.

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

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

(6) a decision of the Tribunal is unanimity and to a decision of the Senate of of Chamber of the majority of votes required. An abstention is not permitted.

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

Duties of the Chairman and of the assessor of a Senate



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

(2) the assessor agrees to complete design of the Chairman, the Chairman has the decision to work out.

(3) the assessor does not agree to the completion design of the Chairman, the assessor within two weeks has to prepare an own complete draft and to submit to the Chairman. The Chairman agrees to the design of the assessor, the assessor has the decision to work out.

(4) the complete design of the assessor does not the approval of the Chairman or the assessor submitted his registration draft within two weeks, as the Chairman has to bring the case to the competent Chamber of Senate to the decision. The Chairperson and the associate members of the Senate are members of the Chamber of Senate (§ 9 para 3), with the Chairman of the Senate acting as the Herald of the Senate of Chamber. A hearing can be reviewed only at the request of the complainant.

Duties of the Chairman and of the th of a Chamber Senate




12. (1) the Chairman of the Senate of of Chamber of distributed the businesses internally and determines the reports for individual cases. He decides whether an oral hearing is scheduled, and opened, leads and close the hearing. He announced the decisions of the Tribunal and signed the written copies.

(2) the leadership of the proceedings comes to the reporting of a Chamber Senate until the trial. This necessary procedure orders require no Senate decision. The reporter has to elaborate draft registration and the motion for a resolution in the Senate Chamber. The decision of the Senate of of Chamber of must comply with the requirement of th, so this has the decision to work out. This decides the Chamber of Senate the request of another Member of the Senate, as is whether the drafting of the decision.

4 section

Course and conduct of business of the asylum Court

Business distribution



13. (1) before end of each calendar year has to decide the allocation of a business the business distribution Committee (para. 2) each for the next calendar year. The allocation of business has to determine:



1. whether the judges of the Court of asylum on a workstation in the Office at Headquarters or in the field office are used, where a work in the other services only with their consent must be assigned to the judges;

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

3. the distribution of the resulting to the asylum Court Court shops on the judge and the Senate;

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

(2) the business distribution Committee elected members (choice members) consists of the President and the Vice President as the members force Office and three by the General Assembly from among its members. For the three members of the election by the General Assembly from among its members, six alternate members should be chosen. The term of Office of election members and substitute members commences on the 1st of January of the year following the election and is four years. With regard to the selection and management of the business distribution Committee, shall apply mutatis mutandis the provisions of the Judges Act of the staff Senate. The President shall preside.

(3) the President has the design of a business distribution for the next calendar year by November 15 including 10 December to the insight to put on (access time). Each judge of the asylum Court is entitled to raise written objections against the draft during the inspection period. The objections must contain a justification and an amendment. The business distribution Committee has to consult before the business distribution decision on the objections. A separate resolution on the objections must be avoided. As far as the business distribution decision by the design differs or ignored objections, he is establishing. The rationale is as soon as possible after the decision to take anyway, but in the period from 2nd to 15th January for inspection.

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

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

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

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

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

(9) the business distribution overview can be divided based on the rising numbers of court departments and Chambers (§ 14). In it, it shall be disclosed:



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

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

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

4. the business areas of Chambers, name of the Chairman of the Board and their deputies as well as judge summarized in the Chambers and Senate;

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

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

Court departments and Chambers



Section 14 (1) for every single judge and the Senate is to open a judicial Department. For the President and the Vice President, additional court departments are to open with their consent. The allocation of the asylum Court has to contain, where the head of Court of a sufficient number of representatives and the order in which the representatives to enter have to determine are also provisions for the representation of individual court departments.

(2) in the allocation of business is to provide on a proposal of the President, that the Court departments (judge and Senate) on the basis of the factual context of their shops to Chambers are. The Chairman of the Board and their deputies are appointed on a proposal of the President of the General Assembly from among its members for four years. You can at any time be dismissed by the General Assembly; such a decision requires a majority of at least two-thirds of the votes cast and shall be justified. Resolves a Chamber, including the Office of the Chairman of the Board and the Deputy ends.

(3) the Chairman of the Chamber has to guide the Board in accordance with the Business Division for judicial administration matters and in full respect of judicial independence to a uniform case law within the Chamber to be taken into account (§ 6 para. 2). The Board Chairman is officio Chairman of the Senate of Chamber.

Assignment and acceptance of cases



Section 15 (1) each case incurred in the Court of the asylum is assigned to the judge competent according to the distribution of business or Senate.

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

(3) how to submit a pending his case to a Chamber Senate has a judge or a Senate, will be determined by federal law.

Partiality of judges



16. (1) the judges of the Court of asylum have to contain under display to the President in the performance of their duties of partiality



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

2. in cases in which they were appointed as agents of a party or have been appointed;

3. If they have; participated in the procedure preceding the procedure before the Court of the asylum

4. If any other important reasons exist, which are likely to draw their full impartiality in doubt.

(2) for the reasons stated in paragraph 1, judge of the asylum Court by the parties, may be rejected at the latest at the beginning of the first hearing of. The rejection is based on paragraph 1 Z 4, the party has to make for this purpose relevant reasons. The President decides on refusal in the absence of the rejected.


(3) be the Chairman or as many judges of a Chamber Senate rejected, that at least three remain, the President has to assign the decision on the request of rejection of to the business distribution Committee. The business distribution Committee decides that the refusal is justified, the President has to have the entry of substitute members.

Business leadership



Section 17 (1) to support the proper management of the asylum Court are a Presidential Office by the President, to set up a body of evidence and an Office.

(2) the Presidential Office has the President and the Vice President in the performance of the tasks to support coming to them pursuant to section 6.

(3) the evidence has all the findings and decisions of the Court of asylum, as well as in case of need also decisions other courts and authorities, as well as of the relevant literature in a clearer way to document. The President has appointed a judge of the asylum Court to the head of evidence and another judge to the Deputy of head in the long term after consultation of the staff Senate. The head of the evidence is prevented, so he is represented by the Deputy in its entire scope. The head of the body of evidence and the Deputy can be dismissed at any time by the President by this function. The head of the evidence gave the President about findings or decisions that differ from the previous case law to report. The Organization and the monitoring of the activities of the Centre of evidence it is responsible in accordance with the instructions of the President.

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

(5) the business complexion release to be issued by the President of the Office (para. 4) is to record the business distribution overview (§ 13 para 9).

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

(7) the provisions concerning the proper management for the area of the branch office under the responsibility of the Director (section 8) are to meet in the rules of procedure.

Rules of procedure



§ 18. The detailed rules on conducting business and the business of the asylum Court must be provided in the rules of procedure. The rules of procedure is to choose from the General Assembly on the proposal of the business distribution Committee and put on by the President to the General inspection; These may be made publicly available in other ways.

Publication of decisions



§ Are 19 decisions of the asylum Court to publish anonymously in the legal information system of the Federal Government (RIS).

5. section

Controlling and reporting

Controlling



Section 20 (1) to ensure a functional, economic, economical and efficient performance of the tasks of the asylum Court the controlling Department and the controlling Committee are called.

(2) the President has to set up a controlling Department at the Presidential Office under his responsibility. § 6 section 2 applies.

(3) the controlling Department assists the organs of the asylum Court in full respect of judicial independence in their decisions by notes in particular the utilization and efficiency, the appearance and the functioning of the internal operation of the asylum Court and an accompanying controlling its structural - and flow-organizational conditions in form, deviations from the target State, and analyzes their causes.

(4) the controlling Committee consists of a Chairman, a Deputy and three other members, who are elected by the Assembly from among their number for a term of four years. The Chairman of the controlling Committee is represented in case of his absence by the Deputy and, if necessary, by other members of the Committee in the order determined by the controlling Committee itself.

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

(6) when the cost of recommendations and proposals is to make sure that also is not the appearance of an influence on the area which is reserved in court proceedings in the case-law.

Business cards



§ 21. The single judge and Chairman of the Senate have quarterly reporting the President about the number of cases completed in the past three months and the kind of registration in those cases and to expel all cases before January 1 (business card) at the end of each calendar year. Passed the responsibility on a Senate or Senate of Chamber of in a pending case, this is to point out. In some cases, they have singled the President on the basis of a justified request to report.

Activity report



section 22. The asylum Court has for each calendar year a report on his activities and the lessons learned there to write. The President has to submit a draft of activity report of the General Assembly for decision. The annual report adopted by the General Assembly is to present the Federal Chancellor and the Federal Minister of the Interior by the President. On the occasion of the presentation of the activity report, the President has to report the Chancellor also on the area of the administration of Justice. The Chancellor has to submit the activity report to the National Council and the Federal Council.

2 part

Proceedings and enforcement

Procedure



section 23. As far as himself the Federal Constitution Act out of B-VG, Federal Law Gazette No. 1 / 1930, the asylum Act 2005 - AsylG 2005, Federal Law Gazette I no. 100, and the Supreme Administrative Court Act of 1985 - VwGG, BGBl. No. 10, not another results, are AVG, BGBl. No. 51, on the procedure before the asylum Court the provisions of the General administrative procedures Act 1991 - shall apply by analogy to, that the term "Complaint" takes the place of the concept of "Vocation".

Enforcement



§ 24. If the asylum Court has upheld a complaint that the administrative authorities are obliged to establish the legal status corresponding to the legal opinion of the asylum Court without delay in the case concerned with the legal means at its disposal.

3 part

Final provisions

Exclusion of damages



§ 25. From a decision of the Court of asylum claims may under the official liability Act, BGBl. No. 20 / 1949, or no. 181/1967, are not derived from the organ Liability Act, Federal Law Gazette.

References



section 26. As far as other federal laws is referenced in this federal law provisions, these are to apply in their respectively valid version.

Linguistic equal treatment



§ 27. As far as this federal law to natural persons are related names only in the male form, they relate to women and men in the same way. In applying the term to certain natural persons, the respective gender-specific form is to use.

Entry into force



Section 28 (1) this Federal Act of 1 July 2008 enter into force. At the same time the Federal law of the independent Federal Asylum Senate - UBASG, Federal Law Gazette I no. 77/1997, as last amended by the Federal Act, Federal Law Gazette I no. 100/2005, override.

(2) the Federal Chancellor has the measures that are required for an immediate commencement of activities of the asylum Court to meet already at the end of the day of the announcement of this federal law (such as in particular the measures necessary for the appointment of the President, the Vice President and the other members of the asylum Court as well as the inclusion of non judicial staff).

(3) the election and substitute members of the first Committee of the business distribution should be chosen as possible until June 1, 2008 by the General Assembly in the middle of the appointed judge of the Court of asylum. This has to decide the first allocation for the activity period from 1 July 2008 to 31 December 2008 on the proposal of the President no later than June 15, 2008.


(4) the members of the independent Federal Asylum Tribunal, who are appointed judges of the Court of asylum, may be entrusted with the tasks of a workplace in the Branch Office of the asylum Court only with their consent. Members appointed for use on a position in the Office of the independent Federal Asylum Tribunal may be entrusted with the tasks of a workplace in the Office at the headquarters of the asylum Court only with their consent.

Transitional provision for the initial occupation of the asylum Court



Section 29 (1) can become members of the independent Federal Asylum Tribunal by the end of the day of the announcement of the Federal Act Federal Law Gazette I no. 4/2008 no later than January 31, 2008 at the Federal Ministry of the Interior in writing for the appointment as a judge of the Court of asylum apply. The application for appointment as President of the asylum court may be made by the Chairman of the independent Federal Asylum Tribunal and also considered applying for appointment as the Vice President or judge of the Court of asylum; the application for appointment as the Vice President of the asylum court may be made by the Deputy Chairman of the independent Federal Asylum Tribunal and also considered applying for appointment as a judge of the Court of asylum.

(2) the Federal Government has decision to pronounce letting members of the independent Federal Asylum Tribunal, that have applied, not be appointed as a judge of the Court of asylum, if they do not expect personal and professional fitness for the tasks associated with the intended use as a judge of the Court of asylum, taking into account their previous use success as members of the independent Federal Asylum Tribunal. Against a decision, appeal may be raised within six weeks after the issuing of the decision with the Administrative Court and at the Constitutional Court.

(3) a decision is adopted in accordance with paragraph 2, is to decide about further use of the affected Member of the independent Federal Asylum Tribunal in the Federal service - without prejudice to its grade status - in this way.

(4) more judicial posts are to be filled, they should be by the Chancellor in the "Amtsblatt zur Wiener Zeitung" to write out; Article 5 par. 3 of the tender law 1989, BGBl. No. 85, applies. Application requests are to introduce within two weeks from the announcement of the invitation to tender for the Chancellor.

(5) the judges of the Court of asylum are appointed with effect from 1 July 2008.

Enforcement



section 30. The Federal Government is entrusted with the execution of this Federal Act.

Article 2

Amendment of the asylum Act 2005

The asylum law 2005 - AsylG 2005, Federal Law Gazette I no. 100, is amended as follows:

1. in article 2, paragraph 1 Z 24 is the word 'and' replaced by a point.

2. in article 4, paragraph 5, the phrase "the decision" by the phrase "the decision" and the phrase "the decision" be replaced by the phrase "the decision".

3. § 5 para 1 last sentence reads:



"With the decision to refuse is also to determine which State is competent."

4. in article 5, paragraph 3, the phrase "with the authority" is replaced by the phrase "at the Federal Asylum Office or at the asylum Court".

5. paragraph 7 subsection 2:



"(2) the Federal Asylum Office can a stranger the status of asylum beneficiaries referred to in paragraph 1 not recognize off Z 2 If the withdrawing if also not final - takes place within a period of five years following the granting by the Federal Asylum Office - and has his main residence in the territory of the strangers. May be denied pursuant to the first sentence not, has the Federal Asylum Office after the settlement and residence Act (NAG), BGBl. I to contact no. 100/2005, authority of the stay by the facts of the case. This tells the Federal Asylum Office, that she legally granted a residence permit the stranger, Z 2 can be deprived of even a such foreigners the status of asylum beneficiaries referred to in paragraph 1."

6. in the section 14, subsections 1 and 4, 17 7, 25 para of 2, 27 para of 8, 28 paragraph of 3, 33 par. of 4, 36 para 1 to 5, 37 para 2 and 3, 38 par. of 1, 40 para 1, 41 paragraph 2 to 4 as well as in the headings to the sections 37, 38 and 40 respectively, the word "Appeal" by the word "Complaint" replaced.

7. in the section 14 para 4, 15 par. 1 Z 4 and 5, 19 para of 5, 24 para 1 Z 1, 26 para 3 No. of 2 and 54 para 3 is Nos. 1 and 3 each replaced the phrase "the authority" by the phrase "The Federal Asylum Office or the asylum Tribunal".

8 paragraph 15 paragraph 2:



"(2) If an asylum seekers para 1 out of him not to be reasons not able to fulfill a duty to, he has this, depending on who the is done at that time, immediately notify the Federal Asylum Office or the asylum Court. The notification is justified."

9. in article 15, para. 3, Z 11 is replaced by the phrase "The Federal Asylum Office or the asylum Tribunal" the phrase 'the authority'.

10. in the articles 17 paragraph 6, 29 par. 3 and 4, as well as 55 paragraph 6 each the phrase "the authority" by the phrase "the Federal Asylum Office" replaced.

11. in § 17 paragraph 7, the word "Vocation supplement" is replaced by the word "Complaint supplement".

12 in § 17 para 8 and 32 para 3 Z 3 will each the word "Appeal" replaced by the word "Complaints procedure".

13 in the § 17 para 8, 27 para 1 No. 2 and para of 4, 41 para of 1 and 57 paragraph 6 respectively the phrase "the independent Federal Asylum Senate" by the phrase "the asylum Court" replaced.

14 in the § 18 para 1 and 22 para 4 is substituted "the Federal Asylum Office and the asylum Court have" the phrase "who has authority" with the phrase.

15. in article 19, paragraph 6, the phrase "the determining authority upon its request" is replaced by the phrase "The Federal Asylum Office or the asylum Court at its request".

16 § 20 para 2 is replaced in the following paragraph 2 to 4:



"Paragraph 1 (2) in proceedings before the Court of the asylum only applies if the asylum seekers said the intervention in its sexual self-determination before the Federal Asylum Office or in the appeal. In this case is making Senate existing a trial by a judge of the same sex or one of judges of the same sex. A request is referred to in paragraph 1 at the latest at the same time to make the appeal.

(3) section 1 does not apply to proceedings before the Senate of Chamber of.

(4) if the asylum seekers concerned so wishes, the public from the hearing of a Senate or Chamber Senate is to exclude. By this way he is demonstrably aware to put. The rest applies. § 67e AVG"

17. in article 22 para 4 and 5 get the paragraph titles (7) and (8) and it will be inserted following new para 1 to 6:



"(1) decisions of the Federal Asylum Office concerning applications for international protection shall be taken in the form of decision. Everyone else in the form of a decision shall be taken in the form of a decision, decisions of the asylum Court in the case itself. The decisions of the Federal Asylum Office and of the Court of asylum have to contain the verdict and the appeal, also in the asylum seekers-to-understand language.

(2) if the application for international protection pursuant to section 4 as inadmissible is rejected, a translation of the relevant statutory provisions in this language and one are the decision of the Federal Asylum Office also in the official language of the safe third country to enclose written confirmation that the application for international protection because of the protection existing in the safe third country has not been tested and that not recognized to a suspensive effect of the appeal brought against the decision of the Federal Asylum Office.

(3) in the appeal (§ 61 AVG) of decisions of the Federal Asylum Office is to specify that against the repellent, or be rejected under the statutory conditions the possibility available to the appeal to the Court of the asylum, which to introduce is of the notification within the period provided for by law each at the Federal Asylum Office; § 61a AVG does not apply. The Federal Asylum Office can handle the complaint, by analogy with using section 64a of the AVG by preliminary complaint decision.

(4) decisions of the asylum Court section 67 applies to AVG. In the decision, it is to point out the possibility of an appeal at the Constitutional Court in a language the asylum seekers applying by analogy with article 61a of the AVG.

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

(6) proceedings concerning applications for international protection are, if is the asylum seekers in detention is urgently to treat depending on the stage of the procedure the Federal Asylum Office or from the asylum Court. These cases are as soon as possible, but no later than within three months of each to decide. Is the asylum seekers, detention being fired during the procedure, but before the respective decision deadline from the, the procedures are AVG after the period of § 73 para 1 to end; section 27 is not affected."

18. in article 23, paragraph 3, the phrase 'the authority' is replaced by the phrase "of the Federal Asylum Office or the asylum Tribunal".


19. in article 24, paragraph 1, no. 1 is replaced by the phrase "The Federal Asylum Office or the asylum Tribunal" the phrase 'the authority'.

20. in article 24, paragraph 3, the phrase "by the authority" is replaced by the phrase "by the Federal Asylum Office or from the asylum Court".

21. in article 27, paragraph 2, the phrase "The authority" is replaced by the phrase "The Federal Asylum Office or the asylum Tribunal".

22. in article 27, paragraph 5, the phrase "by the authority" is omitted.

23 in § 32 para 3 Z 2 and 33 § 3 is substituted the word "Deadline for appeal" with the word "Appeal period".

24 in the § 33 par. 1 Z 1 and 38 par. 1 Z 3 each the phrase "determining authority" by the phrase "the Federal Asylum Office" replaced.

25 in the § 33 par. 4, 36 paragraph of 4, 41 para of 2 and 60 paragraph 3 each the phrase "The independent Federal Asylum Senate" by the phrase "the asylum Court" replaced.

26 in §§ 33 par. 4 and 57, paragraph 6 is replaced by the word "Appeal" the word "Appeal".

27. in article 34, paragraph 3 is to the phrase "unless" the word "that" are inserted; in Z 1 eliminates the word "that".

28 the following paragraph 5 is added to § the 34:



"(5) the provisions of paragraphs 1 to 4 shall apply mutatis mutandis for the procedure at the asylum Court."

29 in § 36 para 3, 39 para 2, 3 and 5 Z 1, 41 para 2 and 4 as well as in the heading to § 36 respectively the word "Appeals" replaced by the word "Complaints".

30. the heading to the 5th section of the 4th main piece is as follows:



"Article 5

Complaints at the Court of the asylum"

31. in article 36, paragraph 4 the word "Appointment template" is substituted with the word "Complaint template".

32. in article 36, paragraph 5, the phrase "the authority" by the word order is "in the first case the Federal Asylum Office, and in the second case the asylum Court" replaced.

33. in § 37 para 3 and 41 paragraph 5 the phrase "the independent Federal Asylum Senate" is substituted with the phrase "the asylum Court".

34. in article 37, paragraph 1, the phrase is "Appeal taken, has the independent Federal Asylum Senate of this within seven days of appointment template" by the phrase "Appeal taken, has the asylum Court of that within one week from the template of the complaint by decision" replaced.

35. in article 38, paragraph 1 Z 6 is the word "and" replaced by the word "or".

36. in article 38, paragraph 2, the phrase "The independent Federal Asylum Senate has the appeal which the suspensive effect was denied by the Federal Asylum Office within seven days of appointment template with notice" will be replaced by the phrase "The asylum Court has the complaint which the suspensive effect was denied by the Federal Asylum Office within one week from the template of the appeal decision".

37. in paragraphs 40 paragraph 2 and 62, the phrase "of the independent Federal Asylum Tribunal" is replaced by the phrase "of the asylum Court".

38. in article 47, paragraph 1, the phrase "the asylum" is replaced by the phrase "the Federal Asylum Office".

39. in §§ 54 para 1 and 2, as well as 56 para 1 and 2, the phrase "The asylum" is replaced by the phrase "The Federal Asylum Office and the asylum Court".

40. in article 56, paragraph 1, the phrase "the asylum" is replaced by the phrase "The Federal Asylum Office and the asylum Court".

41. in article 60, paragraph 5, the phrase "the asylum" is replaced by the phrase "The Federal Asylum Office and the asylum Court".

42. the heading to the 6th section of the 4th main piece is as follows:



"Article 6

Special provisions applicable to the procedure before the Court of the asylum"

43. the heading to section 41 reads:



"Procedure before the asylum Court"

44. in article 41 is in paragraph 1 after the word "provide" the bracket quote "(§ 67b Z 1 AVG)" added and it be added following paragraph 7 to 9:



"(7) oral proceedings can be avoided, if the facts of the case appears clear from the file location in connection with the complaint or the previous investigation unequivocally shows that that assertion is not true. In addition, § 67d AVG is true.

(8) for the exclusion of the public from negotiations is, as far as this federal law not else is determined, § 67e AVG.

(9) for the issuing of the decision of the Court of asylum, the following applies:



1. the realization or the decision of the Court of asylum and its main rationale are on the basis of the negotiations, and if possible, to decide immediately after their conclusion and to announce publicly. The announcement of the decision or the decision is independent of the presence of the parties. § 62 para 2 and 4 AVG applies.

2. the proclamation is, if a) a negotiation is not carried out or continued or b) the realization or decision does not immediately can be decided after the conclusion of the oral proceedings and the consultation of the realization or decision is guaranteed to everyone.

A written copy of the decision or the decision to place is 3rd parties."

45. paragraph 42 with heading:



"Policy decisions



42. (1) turns the judge appointed to the decision in proceedings pending or Senate of the asylum Court



1 a legal question, of fundamental importance, because a) from the jurisdiction of the administrative court derogated from will would b) a jurisdiction of the Administrative Court is missing or c) the legal question to be resolved in the previous case law of the Administrative Court is not uniformly answered, or so a stronger Senate of the asylum Court (Chamber Senate) has 2 a legal question, which arises in a significant number of pending or to be expected in the near future procedures at the request of the competent judge or Tribunal to decide (decision).

(2) the responsible Chamber Senate for the decision in principle may refuse the treatment of a question of law if in his opinion the conditions of in paragraph 1 are not given.

(3) the competent Chamber Senate has to make a decision if this the Minister for Home Affairs on the occasion of a decision of the asylum Court the reasons of paragraph 1. This request has no effect on the decisive reason.

(4) was applied for the adoption of a decision in principle and in the case of an application referred to in paragraph 1, not reject their treatment, as the Chairman of the Senate of of Chamber of has to inform the President about it. The President has all other judges of the Court of asylum and the Federal Asylum Office of the pendency of such proceedings to inform without delay.

(5) decisions of the Chamber Senate are to submit the Administrative Court by virtue of the President of the Court of asylum.

(6) a procedure for the adoption of a decision in principle is a Chamber Senate pending, so pending cases - including the occasion case for the decision of principle - with procedural order can expose the criteria and Senates, if the decision in principle to these procedures could be influential. The process of legal decision-making deadlines is inhibited.

(7) which are set out procedures according to paragraph 6 to continue anyway if the Chamber Senate has taken a decision in principle and the Administrative Court



1 about the landmark decision in the case itself has decided or 2. within a period of six months after the decision of the Senate of of Chamber of has made a decision, which take into account a possible inhibition or interruption this time limit is.

(8) the suspension and the continuation of the proceedings according to para 6 and 7 are to inform the complainant and the Federal Asylum Office.

(9) decisions of the Chamber Senate are to publish in a suitable way."

46. in article 57, paragraph 8, the phrase "the determining authority" is replaced by the phrase "The Federal Office for asylum and the asylum Court".

47. the heading to section 1 of the 8 main piece is as follows:



"Article 1

Federal Asylum Office, Government documentation and asylum Tribunal"

48. in article 58, paragraph 1, the phrase "first instance" is omitted after the word "Determining authority".

49. paragraph 61 together with the heading:



"Asylum Court



The asylum Court rules 61. (1) in-person divisions or, as far as this is provided for in para 3 by judge sitting alone on



1. Appeals against decisions of the Federal Asylum Office and 2. complaints of breach of the decision of the Federal Asylum Office.

(2) complaints referred to in paragraph 1 are to introduce at the asylum Court No. 2. In the case of violation of the obligation of the decision, the decision on the asylum Court passes. The complaint is dismissed if the delay not to a predominant fault of the Federal Asylum Office is due.

(3) the asylum Court by judge sitting alone decides on complaints against



Notices a assign back 1) because third-State security in accordance with section 4;

(b) given responsibility of another State in accordance with article 5;

(c) because decisive thing pursuant to § 68 para 1 AVG, and 2. that with these decisions-related designation.

The judge responsible for the treatment of the complaint or Chairman of the Senate decides (4) on granting the suspensive effect of an appeal."


50th paragraph 62 along with heading:



"Time setting application



62. (1) is the responsible Senate or judge of the asylum Court with making so can asylum seekers or the Federal Asylum Office in the competent Senate a procedural act, such as the timing or conduct a hearing, obtaining an expert opinion or the copy of a judgment, default, or judge make the request addressed to the President of the Court of asylum, he may the Senate or single judge for the performance of the procedural act a reasonable deadline set (period legislative proposal). Except in the case of paragraph 2, the Chairman of the Senate or the judge has to present this period legislative amendment with its opinion to the President immediately.

(2) the Senate or the single judge conducts all procedural acts in the period setting application within four weeks of its receipt and informed he the subject thereof, the application shall be deemed withdrawn, if the applicant within two weeks after delivery of understanding, to maintain his request.

(3) the President of the asylum Court with special acceleration has to make the decision on the period setting application referred to in paragraph 2. There is no omission of the Tribunal or single judge, the application be dismissed. The decision is final.

(4) the President of the asylum court may transfer its competence to decide on term legislative proposals on the Chairman of the Board. Such a transfer may be revoked by the President only with simultaneous effectiveness for any Chairman of the Board. This withdrawal however has no effect on already compromised period legislative proposals."

51. paragraph 72 together with the heading:



"Enforcement



section 72. It is entrusted with the execution:



1 in terms of §§ 39 para 5 and 57 paragraph 9 the Federal Government, 2nd in terms of § 36 para 1 to 4, 37, 38 para 2, 40, 41, 42 except para. 3, 61, 62 and 75 paragraph 7 of the Chancellor of of federal, 3. in terms of article 70 in the case of fees, the Federal Minister of finance, 4th in terms of § 68 of each competent Federal Minister , 5. with regard to sections 35 (1) and 57 para 7 of the Federal Minister for European and international affairs, 6 in terms of § 57 par. 5, as far as the civil courts are concerned, and of paragraph 6 of the Federal Minister of Justice, 7 for the rest of the Federal Minister of the Interior, namely a) with regard to article 35, paragraph 3, second half-sentence, in agreement with the Federal Minister for European and International Affairs and b) in terms of §§ 60, para 6, last sentence and 66 para 4 in consultation with the Federal Minister of finance."

52. the following paragraph 5 is added to § the 73:



"(5) article 2, paragraph 1 Z 24, § 4 para 5, § 5 para 1 last sentence and 3, section 7 para 2, article 14, paragraph 1 and 4, § 15, § 17 para 6 to 8, § 18 para 1, § 19 para 5 and 6, § 20 para 2-4, section 22, article 23, para. 3, § 24 para 1 and para 3, § 25 paragraph 2, article 26, para. 3 No. 2" , § 27, § 28 para 3, § 29 para. 3 and 4, § 32 para 3, § 33, § 34 paragraph 3 and 5, the heading to the 5th section of the 4th main piece, section 36 including heading, § 37 including heading, § 38 together with heading, § 39, heading to the 6th section of the 4th main piece, § 40 together with headline, article 41 together with heading, § 42, including heading, § 47 para 1, § 54, § 55 paragraph 6, article 56, paragraph 1 and 2 ", § 57 para 6 and 8, heading to the 1st section of the 8 main piece, article 58, paragraph 1, article 60 par. 3 and 5, § 61 together with heading, § 62, including heading, § 72 including headline and article 75, paragraph 1, and 7, as well as the table of contents in the version of Federal Law Gazette I no. 4/2008 come with 1 July 2008 in force."

53. in article 75, paragraph 1, the phrase "the authority" is replaced by the phrase "The Federal Asylum Office or the asylum Tribunal".

54. the section 75 7 the following paragraph is added:



"(7) on July 1, 2008 the independent Federal Asylum Senate pending cases are of the asylum Court in accordance with the following provisions to continue:"



1. members of the independent Federal Asylum Tribunal, who are appointed judges of the Court of asylum, have all them pending procedure in which a hearing has already taken place, to continue as a single judge.

2. procedures against repelling decisions where a hearing still has not taken place, are to continue from the Senate competent to the first allocation of the asylum Court.

3. procedures against repelling decisions taken by members of the independent Federal Asylum Tribunal appointed to judges of the Court of asylum, are to continue in accordance with the first allocation of the asylum Court by the competent Senate."

55. in the table of contents are the name of the 5th section of the 4th main piece and the articles 36 to 38:



"Section 5: complaints at the Court of the asylum"







section 36.





Effect of complaints







section 37.





Granting the suspensive effect of an appeal







section 38.





Withdrawing the suspensive effect of an appeal"





56. in the table of contents are the name of the 6th section of the main piece and the sections 40 to 42:



"Section 6: special provisions applicable to the procedure before the Court of the asylum"







section 40.





Put forward in the complaint







section 41.





Procedure before the Court of the asylum







§ 42.





Policy decisions"





57. in the table of contents are the name of the 1st section of the 8 main track and sections 61 and 62:



"Section 1: Federal Asylum Office, Government documentation and asylum Tribunal"







section 61.





Asylum Court







§ 62.





Time limit-setting application"





Article 3

Amend the Verwaltungsgerichtshof Act 1985

The Administrative Court Act 1985 - VwGG, BGBl. No. 10, as last amended by Federal Law Gazette I no. 89/2004, is amended as follows:

1 § 1 para 2 and 3 is replaced in the following paragraph 2 to 4:



"(2) the vacant positions of President and Vice President are to advertise by the Federal Chancellor, the posts of the other members of the President. The tender has preferably three months, no later than one month after the release of the position to be carried out. As far as they write off are of the same organ, several positions can be tendered jointly and can be combined with the tender of a position the tender of at best become vacant with the appointment to this position position (string item).

(3) the plan is in the "Amtsblatt zur Wiener Zeitung" and in the national newspapers to write out; specific for official proclamations of the municipality the tender may be announced also in other appropriate ways.

(4) for the posts of members of the administrative court with the exception of the President and Vice President be compensated for by the General Assembly three proposals and to present the Chancellor by the President are."

2. paragraph 11 paragraph 2:



"At least one Member must belong to (2) every Senate to be formed under this Federal Act, that has the qualification of judgeship. A member with the ability to the senior financial service, all other Senates must belong to a member with the ability to serve in the General State administration, or with a previous use replace this qualification the Senates which are concerned with matters of financial management."

3. paragraph 21 paragraph 1:



"(1) parties in the proceedings before the Administrative Court are



"1. the complainant, 2. the terms authority, 3. in the cases of § 22, second set of also the Federal Minister or the State Government, 4 complaints against the decision of an administrative authority in accordance with article 131 B-VG also those who will be affected by the annulment of the contested decision in their legal interests (stakeholders)."

4. § 22 is added the following second sentence:



"If this does not apply



"1. If in a matter of the private area of effect a self-governing body, an organ of this self-governing body is judge authority, or 2. If the judge authority or its members in the performance of their duties on any instructions are bound."

5. in article 23, paragraph 1, second sentence is replaced by the words "Tax advisers or auditors" the word "Auditor".

6. in article 23, par. 4 and 5, § 24 para 3 Z 5, § 49 para 5 and § 57 of the parenthetical expression (chartered accountant) replaced with the parenthetical expression (accountant or auditor).

7 § 24 para 2 first sentence reads:



"The complaints and the requests for retrial and restitutio in integrum (sections 45 and 46) are to contribute through an authorised lawyer (accountant or auditor)."

8. in article 24 the following paragraph 2a is inserted:



"(2a) the same Scriptures require any signature."

9 § 24 para 3 No. 2 is:



"2.

The fee is EUR 220. Are empowered to redetermine the entry fee in consultation with the Policy Committee of the National Council through regulation, as soon as the Federal Chancellor and the Federal Minister of finance and as far as by the Bundesanstalt "Statistics Austria" announced to consumer price index 2005 or instead of index to verlautbarten for January 2008 and the last setting has changed as a result opposite underlying index number by more than 10%. "The new amount is to calculate, but to all ten euros from the amount referred to in the first sentence in the ratio of the change of announced for January 2008 index number index number relevant for the realignment or complete."

10. in article 24, para. 3, Z 5 the words "a post office" be replaced by the words "a post office".

11 paragraph 25 paragraph 1:



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

12. in article 27, paragraph 1 "Appeal" and "Instance turn" is inserted before the words each the word "administrative".

13 § 27 para 2 and 3 is replaced following paragraph 2:



"(2) the period of proceedings before the Constitutional Court in accordance with article 139, 139a, 140 and 140a B-VG or a preliminary reference procedure before the Court of Justice of the European communities is not include in the decision period referred to in paragraph 1. As long as such a procedure is pending, a late payment complaint may not be elevated."

14 § 28 para 1 No. 2 is:



"2. the designation of the authority which has issued the decision (the directive) (Defence Authority)," 15 § 28 para 3 is as follows:



"(3) in the case of late payment complaints under article 132 B-VG accounts for Nos. 1, 2, 5, and 7. the information referred to in paragraph 1 Defence Authority is the Supreme authority or the independent administrative panel of appeal, its ruling was required to call in the case. Is credible, that the deadline for the collection of late payment complaint pursuant to § 27 para 1 has expired also."

16 paragraph 28 paragraph 5:



"According to article a copy is (5) complaints 131 B-VG, connect transcript or copy of the contested decision, if the decision has been made to the complainant. "Complaints against a directive (article 81a para 4 B-VG) a copy is to connect transcript or copy of the contested directive, if it is given in writing."

17 § 31 para 1 subpara 1 is:



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

18 § 31 para 1 No. 2 is omitted.

19. in article 33 para 2, § 34 paragraph 2 and article 36, paragraph 6, the word "Timing" is replaced by the word "Legislative".

20 paragraph 34 paragraph 4:



"(4) requests for retrial and restitutio in integrum you are to apply by analogy paragraphs 1 to 3."

21. in article 36, paragraph 2, second sentence the word "Authority" is replaced by the words "Defence Agency".

22 paragraph 4 deleted § 36.

23 paragraph 36 paragraph 5:



"(5) a copy of the Gegenschrift together with the side dishes shall be notified to the other parties."

24 § 36 para 7 last sentence reads:



"The counter statement shall be notified to the authority sued."

25 paragraph 38 paragraph 2:



"(2) the judge authority shall submit the files. She fails to do this, so the Verwaltungsgerichtshof can detect when he the judge authority previously expressly pointed out this consequence of the omission, on the basis of the allegations of the complainant."

26 § 38a para 3 subpara 1 lit. c is as follows:



"(c) the time limit for making a late payment complaint in accordance with article 27, paragraph 1, as well as in the laws governing the individual areas of Administration intended decision deadlines be inhibited."

27. in article 42, paragraph 4 first sentence is replaced by the words 'prosecuted authority' the word 'Authority'.

28 the following sentence is added to § 43 para 3:



"Copies in the form of electronic documents must be with an official signature (§ 19 E-GovG) be provided;" Copies in the form of printouts of electronic documents with an official signature or copies of such printouts need no further requirements to be fulfilled."

29 § 47 para 2 No. 1 is:



"1. the complainant obsiegende whether, the terms authority losing party in the event of the annulment of the contested decision;"

30 paragraph 47 paragraph 5:



"(5) the reimbursement of expenses payable under this Federal Act by the prosecuted authority to carry on whose behalf she acted in the case of the legal entity or act should have." The reimbursement of expenses flows to this legal entity, which is due to this Federal Act on the judge authority."

31 § 48 para 1 is as follows:



"(1) the appellant entitled to compensation has as a prevailing party



1 the Commission fees and the entry fee according to § 24 para 3, which he has to pay in the proceedings before the Administrative Court, as well as the out-of-pocket expenses of the Administrative Court, for which he has to come up;

2. the expenditure was connected to him with bringing the complaint through a lawyer (accountant or auditor) (typesetting effort);

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

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

32. in section 48 para 2 Z 1, the words "your files" be replaced by the words "the acts of the administrative procedure".

33. paragraph 48 para 3:



"(3) a stakeholder compensation is entitled as a prevailing party



1 the Commission fees and the entry fee according to § 24 para 3, which he has to pay in the proceedings before the Administrative Court, as well as the out-of-pocket expenses of the Administrative Court, for which he has to come up;

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

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

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

34. paragraph 49 paragraph 1:



"(1) as replacement for the character set and the negotiating effort pursuant to § 48 para 1 Nos. 2 and 4 as well as Nos. 2 and 4 para 3 to pay lump sums, to determine the amount of the Federal Chancellor in consultation with the Policy Committee of the National Council by regulation to an extent is the the average cost of bringing an in § 48 para 1 Z 2 and § 3 Z 2 pleadings referred to or the representation by a lawyer is."

35th in § 49 para 2 first sentence and paragraph 4 is substituted the word "Amounts" with the word "Lump".

36. § 49 para 2 second sentence reads:



"The amount of the flat-rate amounts for typesetting and for the negotiating effort can, however, half of the flat-rate amounts not exceed, on the basis of paragraph 1 as a replacement for the typesetting effort pursuant to section 48 para 1 No. 2 or negotiating effort pursuant to section 48 para 1 No. 4 be determined."

37. in article 49, para 5, § 53 para 2 and § 54 para 3 of the parenthetical expression (Auditor) is replaced by the parenthetical expression (tax advisor or accountant).

38. paragraph 50:





§ 50. In cases where a decision partially offset by the higher administrative court, is to judge how if the decision entirely would be cancelled. the matter of a claim for reimbursement of expenses (§ 47)"

39. § 52 para 2 third sentence reads:



"Commission fees, the entry fee according to § 24 para 3 and cash expenses are to replace, in which they were to be paid to the extent."

40. in article 54, paragraph 2, the quote "§ 49 paragraph 1" by the quote "§ 49 para 1 and 2" will be replaced.

41. in article 55, paragraph 1, and article 56, the word "standard amount" is replaced by the word "Lump".

42. in article 55 para 2 to 4 by the following paragraph 2 shall be replaced:



"(2) paragraph 1 shall not apply, if"



1. the judge authority to prove reasons can do that have made impossible a timely adoption of the decision, and these reasons the complainant prior to insertion of the delay complaint has announced 2 which was due solely to the fault of the party delay the regulatory decision or 3.

the underlying the late payment complaint management thing intentionally operated."

43. Article 59 paragraph 2 No. 4 is:



"4. for services concerning Commission fees and out-of-pocket expenses within one week after the occurrence of the obligations."

44. paragraph 59 subsection 3 third sentence reads:



"Was however made the decision at least a general application of reimbursement of expenses for the lump sums for typesetting effort to speak to template work and negotiating effort and the Commission fees actually paid and the entry fee according to § 24 para 3 to the proper extent at least are."

45. section 60 is eliminated.

46. 61 para 2 the following sentence is added to §:



"Wishes of the Party on the selection of this lawyer is in agreement with the designated lawyer to meet possible."

47. in article 62, paragraph 2, the words "that have become delinquent authority" be replaced by the words "Defence Agency".

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



"2. under section

Special provisions concerning complaints in administrative and institution liability matters and in matters of review within the framework of the awarding of contracts"

49. in section 64 is the parenthesis quote "(§ 11 Amtshaftungsgesetz, BGBl. Nr. 20/1949;)" § 9 institutional Liability Act, Federal Law Gazette No. 181/1967) "by the clip originally posted by"(§ 11 des Amtshaftungsgesetzes, BGBl. Nr. 20/1949;) § 9 of the organ liability law, BGBl. No. 181/1967; (§ 341, section 4 of the Federal Procurement Act 2006 - BVergG 2006, Federal Law Gazette I no. 17) "replaced."

50. in article 65, paragraph 1 is the parenthesis quote "(§ 11 Amtshaftungsgesetz;)" § 9 institutional Liability Act) "by the clip originally posted by"(§ 11 des Amtshaftungsgesetzes;) § 9 of the organ liability law; (Section 341 para 4 BVergG 2006) "replaced."

51. paragraph 65 paragraph 3:



"(3) the Administrative Court has the authority, which issued the ruling, prompting, the acts of the administrative procedure, as far as not already are in the Act of the applicant Court, to submit within two weeks. The authority does not fulfil this request, the administrative court can take its decision



1. If it is a procedure instituted under section 11 of the official liability Act, on the basis of which his present files and the allegations of the applicant, 2. If it is a procedure instituted pursuant to § 9 of the organic law of civil liability, him present on the basis of the files and the claims of the defendant, 3. If's are to a pursuant to § 341 para 4 BVergG 2006 instituted procedures is ", on the basis of the him present files and of the parties of the dispute before the Court of the applicant's allegations cover."

52. paragraph 70 together with the heading:



"Supplementary provisions



Article 70. "As far as from the paragraphs 64 to 69, not different results, apply the articles 22 to 25, § 29, § 31, § 32, § 33 para 2, § 33a, section 34, section 36 para 8, § 38 b, § 40, § 41 para 1, § 43 para 1 to 5 and 7 to 9, as well as the sections 45, 46 and 62 paragraph 1 you receive."

53. According to article 70, the following new 3. under section of II section is inserted:



"3. subsection

Special provisions procedure over policy decisions of the asylum Court in accordance with article 132a par. 1 B-VG

Parties



71. Parties in the proceedings under this subsection are the asylum Court of Justice, the Federal Minister of the Interior and the parties to the proceedings before the asylum Court that gave occasion for the issuing of the decision.

Initiation of the procedure



section 72. The asylum Court has a decision in principle in accordance with article 129e para 1 second sentence to present B-VG to the administrative court. The files of the procedure to connect are the template.

Rejection



§ 73. invalid templates must be rejected in every position of the procedure without further proceedings in closed session with decision.

Preliminary proceedings



74. (1) the decision is to provide the parties with the exception of the asylum Court; It is free to submit written comments within four weeks of delivery of the decision. The written statements are to provide to the other parties; they may refund written counter statements to do so.

(2) if the facts on one essential point requires a supplement, which has carried out the necessary additions to the investigation by the asylum court administrative court.

Negotiation



§ 75. Conducting a negotiation is left to the administrative court.

Knowledge



Section 76 (1) which has administrative court a decision of principle - unless the template not as inadmissible must be rejected is - always in the thing itself to decide. The Court is entitled, both in the quote, as well as in the explanatory statement to put his vision on the place of those of the asylum Court and to amend the decision in principle to every direction.

(2) the administrative court within a period of six months after the decision, decides, the decision shall be considered confirmed.

(3) the period of proceedings before the Constitutional Court in accordance with article 139, 139a, 140 and 140a B-VG, the time of a preliminary reference procedure before the Court of Justice of the European communities, or the time that has been granted the asylum Court under section 74, paragraph 2 for the necessary additions to the investigation, is not include in the decision period referred to in paragraph 2.

(4) decisions are binding for all cases, which is to resolve the legal question answered with them.

Cost



§ 77. The costs adult in this procedure are costs of the proceedings before the Court of the asylum.

Supplementary provisions



§ 78. "As far as from the paragraphs 71 to 77, not different results, apply the section 38 b, 40, 41 para 1, § 23, 24 ABS. 1, 25, 29, 31, 32, 36 paragraph 8, 43 and 62 paragraph 1 accordingly."

54. the previous section 71 is replaced by the following article 79 together with heading:



"Linguistic equal treatment



section 79. As far as this federal law to natural persons are related names only in the male form, they relate to women and men in the same way. In applying the term to certain natural persons the respective gender-specific form be used."

55. the previous paragraphs 72, 73 and 74 get the paragraph names "section 80", "section 81" and "§ 82.".

56. the previous section 73 (article 81 new) the following paragraph 8 is added:



"(8) § 1 para 2 to 4, article 11, paragraph 2, article 21, paragraph 1, section 22 second sentence, article 23, paragraph 1 second sentence, para. 4 and para 5, § 24 para 2 first sentence, paragraph 2a and 3 Nos. 2 and 5, § 25 para 1, § 27, § 28 para 1 Nos. 2, 3 and 5, article 31, paragraph 1 Z 1, § 33 para 2, § 34 paragraph 2 and 4" , § 36 para 2 second sentence, paragraph 5, paragraph 6 and paragraph 7 last sentence, § 38 paragraph 2, section 38a, para 3 subpara 1 lit. c, § 42 paragraph 4 first sentence, section 43, subsection 3, § 47 para. 2 Z 1 and para. 5, § 48 para 1, para. 2 Z 1 and paragraph 3, article 49, paragraph 1, 2, 4 and 5, § 50, § 52 para 2 third sentence, § 53 para 2, § 54 paragraph 2 and 3, paragraphs 55 to 57, article 59, paragraph 2 Z 4 and 3 third sentence , § 61 para 2, § 62 para 2, which together with heading 2. under section II section, § 64, article 65, paragraph 1 and 3, § 70 heading, the third subsection of II section and the previous section 71 (§ 79 along with new headline) the paragraph names of the previous sections 72 to 74 (sections 80 to 82 new) in the version of Federal Law Gazette I no. 4/2008 with 1 July 2008 into force; at the same time kick § 31 para. 1. Z 2, section 36, paragraph 4, and section 60 override"

Article 4

Amendment of the Constitutional Court Act 1953

The Constitutional Court Act 1953 - VfGG, BGBl. No. 85, amended by the by-laws Federal Law Gazette I no. 163/2006, is amended as follows:

1 § 1 para 2 is replaced in the following paragraph 2 to 4:



"(2) the Office of a member or substitute member of the Constitutional Court is free is expected within the next three months, or such Office is done, so the President has to inform the Chairman of that body, which has to refund the appointment proposal 2 B-VG para pursuant to article 147.

(3) the Chairman (para 1) has the place immediately but not later than one month after their release to the general application to write out. Insofar as they write off are the same Chairman (para 1), several points can be tendered jointly and can be combined with the tender of anywhere the tender of the possibly released by appointing authority.

(4) the tender is in the "Amtsblatt zur Wiener Zeitung" and in particular for official proclamations of the municipality to publish country newspapers."

2. in article 2, paragraph 1, last sentence and article 84, paragraph 1 be omitted after the word "President" the words "of the Constitutional Court".

3. in article 7, paragraph 2 lit. the bracket expression is b and article 42, paragraph 1 (art. 138 para 1 lit. a the Federal Constitution Act) "by the parenthetical expression"(Art. 138 Abs. 1 Z 1 B-VG)"replaced."

4. in section 8, paragraph 2, article 75, paragraph 1 and article 85, paragraph 4, the words "of the Constitutional Court" accounts for after the word "President".

5. § 11 is omitted.

6 § 13a para 2 is as follows:




"In particular the clear capture of the findings of the Constitutional Court, in case of need also the decisions of other High Court and of the relevant literature is (2) the evidence Office."

7 § 17a Z 1 is as follows:



"1. the fee is EUR 220. Are empowered to redetermine the entry fee in consultation with the Policy Committee of the National Council through regulation, as soon as the Federal Chancellor and the Federal Minister of finance and as far as by the Bundesanstalt "Statistics Austria" announced to consumer price index 2005 or instead of index to verlautbarten for January 2008 and the last setting has changed as a result opposite underlying index number by more than 10%. "The new amount is to calculate, but to all ten euros from the amount referred to in the first sentence in the ratio of the change of announced for January 2008 index number index number relevant for the realignment or complete."

8. in Article 17a, no. 4, the words "post office" be replaced by the words "a post office".

9. in section 19 para 3 Z 1 is the expression "under article 144 para. 2 B-VG" by the expression "under article 144 para. 2 and art. 144, para. 2 B-VG" replaced.

10. after article 19, 19a the following paragraph with heading shall be inserted:



"Obtaining a preliminary ruling of the Court of Justice of the European communities



§ 19a. (1) decisions of the Constitutional Court, to submit a question for a preliminary ruling the Court of Justice of the European communities under article 234 of the EC Treaty or article 150 of the EAEC Treaty, are to make to the parties. Has taken such a decision of the Constitutional Court, so he can up the long of ruling perform only such acts and make only such decisions and orders, which can not be affected by the ruling or not finally settle the question and allow no delay.

(2) the requested ruling still not happened, and the Constitutional Court has the determination, which was the subject of his Vorabentscheidungsantrages, no longer apply, so he has to withdraw it immediately."

11. in article 28, paragraph 1 first sentence the phrase "36 euros" is replaced by the phrase '109 euro'.

12. in article 28, paragraph 2, the phrase "nine days" is replaced by the phrase "three days".

13. in article 33, the expression "of article 144 of the Federal Constitution Act" is replaced by the expression "the article 144 and 144a B-VG".

14. in section 34 is the expression "the article 137, 143 and 144 of the Federal Constitution Act" with the expression "the article 137, 143, 144 and 144a B-VG" replaced.

15 section 36c paragraph 1 reads:



'(1) parties are the applicant, the legal entity with which a difference of opinion about the jurisdiction of the Court of Auditors has emerged, and the Court of Auditors.'

16 paragraph 43 paragraph 1:



"(1) a conflict arising from the fact that"



"1. the administrative court or the asylum Court and a court, 2. the Verwaltungsgerichtshof and the asylum Court, or 3. the Constitutional Court itself and another court (article 138 para 1 Z 2 B-VG) took the decision of same thing in claim (supportive conflict), so the Constitutional Court has only to make a finding if by the Court or of one of the tribunals referred to a final verdict on the merits is still not like."

17 paragraph 46 paragraph 1:



"(1) the application for decision a conflict of competence, which arisen is, that on the same matter"



"1 a court and an administrative authority, 2. the administrative court or the asylum Court and a court, 3. the Verwaltungsgerichtshof and the asylum Court, or 4. Constitutional Court and another court (art. 138 para 1 Z 1 and 2 B-VG) rejected the competence (verneinender conflict), can be made only by the party."

18. in article 47, paragraph 1, and article 50, paragraph 1, of the bracket expression is (art. 138 para 1 lit. c of the Federal Constitution Act) "by the parenthetical expression"(Art. 138 Abs. 1 Z 3 B-VG)"replaced."

19. in article 56, paragraph 3, the word "Verfassungsgerichtshofe" before the word "is" is replaced by the word "Court".

20 § 68 para 1 last sentence reads:



"In it for the purposes of evidence in documents reference is made, which connected to challenge to the election copies, transcripts or copies of these documents."

21 paragraph 72 para 3:



"(3) the charges decided upon by the Federal Government are to introduce by the Federal Chancellor. The certified copy of the bodies of the Protocol of the Council of Ministers must be included with the prosecution showing the decision of the Federal Government to survey the prosecution. "This applies correspondingly for the subsequent expansion of the prosecution case on according to article 103 para. 2 B-VG with matters pertaining to the indirect federal administration dealing member of the provincial government."

22. in section 74 subsection 3 is the word "Officials" by the words "public servants" replaced.

23 section 74 paragraph 5 first sentence reads:



"The preliminary investigation is set, if the representative body (the representative body) or the Federal Government to withdraw their charges."

24 paragraph 80 para 2 and 3:



"(2) in the one-year period referred to in paragraph 1 is the period from the day on which the application for survey of the accusation during the representative body (in the respective representative body) is set, not count up to the final decision on this request - but no more than in the period of six months.

(3) the expiry of the legislative period of the representative body (one of the representative body) or by leaving the Federal Government out of Office the procedure about a decided charge is not hindered."

25. in the heading to section K of the parenthetical expression (art. 144 of the Federal Constitution Act) is replaced by the parenthetical expression (art. 144 and 144a B-VG).

26. in paragraph 82, the following paragraph 1a is inserted:



"(1a) the complaint may be brought also, before the decision has been provided to the appellant or announced. The decision as to the day on which the complainant became aware of its content applies to the procedure before the Constitutional Court in this case."

27 § 82 par. 2 No. 2 is:



"2. the designation of the authority which has issued the decision (judge authority);"

28 paragraph 82 para 3:



"(3) if the contested decision has been posted to the complainant a copy is the appeal to join transcript or copy of the notification."

29. in article 83, paragraph 1, the expression 'Authority stems from the contested decision,' is replaced by the words "prosecuted authority".

30. in article 84, paragraph 1 and article 85, par. 2 and 3, the expression is "authority (§ 83 para 1)" is replaced by the words "prosecuted authority".

31. in article 84, paragraph 2, the expression is "authority (§ 83 para 1)" is replaced by the words "Defence Agency".

32. According to article 86 the following section 86a is inserted:





§ 86a. (1) a significant number of procedures on complaints is at the Constitution Court pending, where similar legal issues to resolve are, or there is reason to believe that a significant number of such complaints will be introduced, so the Constitutional Court may make this decision. Such a decision shall contain:



1. the legislation applicable in these proceedings;

2. the legal issues to be solved on the basis of this legislation;

3. specify which of the complaints the Constitutional Court will handle.

(2) the decisions referred to in paragraph 1 undertake, as far as it is in the legal provisions referred to therein at least also about laws, in accordance with article 50 para 1 are international treaties approved B-VG or state contracts in accordance with article 16 paragraph 1 B-VG, the law changing or act in addition, is the Federal Chancellor or the competent Landeshauptmann, otherwise the Supreme authority of the Confederation or of the country to their immediate public announcement.

(3) at the end of the day of pronouncement of the decision referred to in paragraph 1, enter the following effects:



1. in cases where an administrative authority appointed to the decision in first instance had applied the legislation referred to in the decision and to judge a question of law is referred or has: a) it may be made only such acts or decisions and dispositions made which cannot be influenced by the finding of the Constitutional Court or who has not finally settle the question and allow no delay.

(b) the time limit for making a complaint under article 82, paragraph 1 does not start to run; an end of the appeal period is interrupted.

2. in all at the constitutional court proceedings referred to in paragraph 1, which are not mentioned in the decision referred to in paragraph 1: it may be made only such acts or decisions and orders made, which cannot be influenced by the finding of the Constitutional Court or who has not finally settle the question and allow no delay.


(4) in his knowledge, the Constitutional Court summarized his legal opinion in one or more sets of law immediately to be published are in accordance with the paragraph 2. With expiration of the day of the announcement begins to run a broken complaint period and end the other effects of the paragraph 3."

33. According to section 88, 88a the following section shall be inserted:





section 88a. On appeals from decisions of the asylum Court in accordance with article 144 B-VG the provisions of this section with the exception of article 87, paragraph 3 are to apply by analogy."

34. in the heading to section L replaces the quote "Article 148i paragraph 2" the quote "Article 148i paragraphs 1 and 2".

35. in article 93 Z 1 is the quote (art. 148f B-VG) through the quote "(Art. 148i Abs. 1 B-VG)" replaced.

36. the section 94 is added the following paragraph 22:



"(22) § 1 para 2 to 4, article 2, paragraph 1 the last sentence, section 7 para 2 lit." b, § 8 para 2, § 13a section 2, § 17a Z 1 and 4, article 19, par. 3 No. 1, § 19a along with headline, article 28, paragraph 1, first sentence, and paragraph 2, § 33, § 34, § 36c para 1, article 42, paragraph 1, article 43, paragraph 1, article 46, paragraph 1, § 47 para 1, § 50 para 1, § 56 para. 3, article 68, paragraph 1 last sentence, § 72 para. 3, article 74, paragraph 3 and paragraph 5, first sentence, , Article 75, paragraph 1, section 80, paragraph 2 and 3, the heading to section K, § 82 par. 1a, para 2 subpara 2 and para 3, § 83 para 1, § 84, § 85 para 2 to 4, § 86a, section 88a, the heading to section L, § 93 Z 1 and section 94a and heading as amended by Federal Law Gazette I no. 4/2008 come with 1 July 2008 in force; at the same time. § 11 override"

37. According to § 94 the following section 94a and heading shall be inserted:



"Linguistic equal treatment



section 94a. As far as this federal law to natural persons are related names only in the male form, they relate to women and men in the same way. In applying the term to certain natural persons the respective gender-specific form be used."

Article 5

Amendment of the Federal Ministry of law 1986

The Federal Ministry of law 1986 - BMG, BGBl. No. 76, as last amended by the Federal Ministry of law 2007, Federal Law Gazette I no. 6, is amended as follows:

1 b is added the following paragraph 19 the article 17:



"(19) for the entry into force of the Federal Act Federal Law Gazette I no. 4 / 2008 revised or redrafted provisions and for the expiry of the provisions repealed by this federal law, as well as for the transition to the new legal situation the sections 16 and 16a, as well as the following provisions shall apply:"



1. A Z 7, part B, section H Z 16 and section L Z 16 and 17 of part 2 of the annex to article 2 come into force 1 March 2007.

2. Z 13 of part 2 of the annex to article 2 come into force on 1 January 2008 No. 1, section F no. 6 and section K section E.

3. § is 16 no. 6 concerning the staff taken over from the Ministry of Home Affairs in the Federal Chancellery to."

2. in section (A) No. 7, section B and section L Z 16 and 17 of part 2 of the annex to article 2, the words "Foreign Affairs" shall be replaced by the words "European and international affairs".

3. in section E Z 1 of part 2 of the annex to article 2 are the seventh and the eighth in fact replaced by following minor offence:



"Exclusion, expulsion and deportation; Asylum; Affairs of the delivery, if not by judicial authorities to understand they are."

4. in section E, the tenth minor offence is no. 1 of part 2 of the annex to article 2:



"Club and right of Assembly."

5. in section F, the last minor offence is no. 6 of part 2 of the annex to article 2:



"Are Affairs of the delivery, to understand them by judicial authorities."

6. in section H, Z 16 of part 2 of the annex to article 2 are replaced the words "Education, science and culture" by the words "Science and research".

7. in section K, Z 13 of part 2 of the annex to article 2 is omitted the phrase ", as well as the matters of the innovation and Technology Fund".

Article 6

Modification of the introductory act to the administrative procedure laws 1991

The introduction Act to the administrative procedure law in 1991 - IX, BGBl. No. 50, last amended by Federal Law Gazette I no. 106/2005, is amended as follows:

1. Article II paragraph 2 deleted Z 43a.

2. the following paragraph 16a is added to article XII:



"(16a) article II paragraph 2 Z 43a comes at the end of June 30, 2008 except force."

Article 7

Change of the General administrative procedures Act 1991

The General Administrative Procedure Act 1991 - AVG, BGBl. No. 51, as last amended by Federal Law Gazette I no. 10/2004, is amended as follows:

1. in article 36 (1) and 2 accounts for the previous paragraph description.

2. in section 67a eliminates the previous paragraph description (1) and paragraph 2.

3. in § 67c para 1 and § 67 h para 1 the term "Paragraph 1" does not apply.

The following paragraph 13a is inserted 4. Article 82:



"(13a) in the version of Federal Law Gazette I no. 4/2008 come into force:"



1. § 36 at the end of the day of the announcement of this federal law;

"2. § 67a, § 67 c para 1 and § 67 h para 1 of 1 July 2008."

Article 8

Amendment of the Aliens Police Act 2005

The Aliens Police Act 2005 – FPG, Federal Law Gazette I no. 100, last amended by Federal Law Gazette I no. 99/2006, is amended as follows:

1. in article 50, paragraph 5, the phrase "the asylum" is replaced by the phrase "The Federal Asylum Office or the asylum Tribunal".

2. in article 51, paragraph 1, the phrase "a determining authority" is replaced by the phrase "of the Federal Asylum Office or the asylum Tribunal".

3. in article 80, paragraph 5 the word "Appeal" are replaced in the second set "Complaint", the phrase "until the decision of the independent Federal Asylum Tribunal" by the phrase "until the decision of the Court of asylum" and in the third sentence the phrase "the independent Federal Asylum Senate" by by the phrase "the asylum Court".

4. in article 101, paragraph 1, the last sentence reads:



"The authorities under this Federal Act and the settlement and residence Act and the Federal Asylum Office, and the asylum Court are data protection clients."

5. in article 102, paragraph 1, the introductory phrase is:



"The authorities under this Federal Act and the settlement and residence Act and the Federal Asylum Office, and the asylum court may"

6. in article 103, paragraph 1, the phrase "the aliens police authorities, asylum, establishment and residence authorities and Austrian embassies abroad" by the phrase "the aliens police authorities, the residence authorities, of the Federal Asylum Office, of the asylum Court and the Austrian embassies abroad" will be replaced.

7. in section 103, paragraph 2, the phrase "and the asylum Court" is inserted after the phrase "The authorities".

8. in article 104, paragraph 2, the phrase "of asylum and of establishment and residence authorities" is replaced by the phrase "from the residence authorities, the Federal Asylum Office and by the asylum Court".

9. in article 119, paragraph 2, the phrase "a determining authority" is replaced by the phrase "The Federal Asylum Office or the asylum Tribunal".

10 the following paragraph 5 is added to § the 126:



"(5) the §§ 50 para 5, 51 para of 1, 80 paragraph 5, 101 paragraph 1, 102 paragraph 1, 103 para 1 and 2, 104 para of 2 and 119 paragraph 2 as amended by Federal Law Gazette I no. 4/2008 come with 1 July 2008 in force."

Article 9

Change of the settlement and residence Act

The settlement and residence Act - NAG, Federal Law Gazette I no. 100/2005, as last amended by Federal Law Gazette I no. 99/2006, is amended as follows:

1. in article 36, paragraph 2, the phrase "of asylum and aliens police authorities" is replaced by the phrase "by the Federal Asylum Office, of the asylum Court and aliens police authorities".

2. in § 45 ABS. 5 the phrase "the determining authority" is replaced in the first sentence the phrase "Determining authority" by the phrase "of the Federal Asylum Office or the asylum Tribunal" and in the third set by the phrase "The Federal Asylum Office or the asylum Tribunal".

The following paragraph 7 is added to § 3. 82:



"(7) § 36 para 2 and 45 paragraph 5 as amended by Federal Law Gazette I no. 4/2008 come with 1 July 2008 in force."

Article 10

Modification of the basic supply Law Association 2005

The Basic Law of supply-Bund 2005 - GVG-B 2005, BGBl. No. 405/1991, as last amended by Federal Law Gazette I no. 100/2005, is amended as follows:

1 in § 8, paragraph 1a is replaced by the phrase "by the Federal Asylum Office and by the asylum Court" the phrase "by asylum authorities".

2. § 16 13 the following paragraph is added:



"(13) § 8 paragraph 1a in the version of Federal Law Gazette I no. 4/2008 July 1, 2008 into force."

Article 11

Amendment of the Citizenship Act of 1985

The Citizenship Act of 1985 - StbG, BGBl. No. 311, last amended by Federal Law Gazette I no. 37/2006, is amended as follows:

1. in section 11a, subsection 4, no. 1, the phrase "determining authority" is replaced by the phrase "the Federal Asylum Office".


2. in article 16, paragraph 1 subpara 2 lit. c the phrase "a legitimation card" is replaced by the phrase "a photo ID for makers of privileges and immunities".

3. in article 16, paragraph 2, the quote "ABS 1 Z 3" is replaced by the quote "ABS 1 Z 1, 2 and 5".

4. section 41 paragraph 4 first sentence reads:



"A stranger in the Federal territory on-containing acquires citizenship otherwise than by descent, so the authorities (§ 39) has thereof to the Aliens Police Law 2005 aliens police authority and the authority-stay after the settlement and residence Act in knowledge (§ 105 para 4 NAG FPG and § 37 para 2)."

5 the following paragraph 6 is added to § the 64a:



"(6) Article 11a par. 4 Z 1, § 16 para 1 subpara 2 lit." I 4/2008 No. c, section 16, paragraph 2, and section 41 paragraph 4 as amended by Federal Law Gazette of 1 July 2008 into effect."

Article 12

Amendment of the Security Police Act

The Security Police Act - SPG, Federal Law Gazette No. 566/1991, as last amended by Federal Law Gazette I no. 56/2006, is amended as follows:

1 in § 58 para 2, the phrase "on asylum" is replaced by the phrase "of the Federal Asylum Office and the asylum Court".

23 the following paragraph is added to § 2. 94:



"(23) section 58b para 2 as amended by Federal Law Gazette I no. 4/2008 July 1, 2008 into force."

Article 13

Amendment of the Firearms Act 1996

The Weapons Act 1996 - WaffG, Federal Law Gazette I no. 12/1997, amended by Federal Law Gazette I no. 136/2004, is amended as follows:

1 in § 55 para 2, the word "Asylum" is replaced by the phrase "of the Federal Asylum Office and the asylum Court".

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



"(8) section 55 para 2 as amended by Federal Law Gazette I no. 4/2008 July 1, 2008 into force."

Fischer

Gusenbauer

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