Amtshaftung#
Amtshaftung (liability of authorities), governed by the Amtshaftungsgesetz (Law on the Liability of Authorities, cf. Art. 23 of the Bundesverfassungsgesetz (Federal Constitutional Law)). The Austrian federal government, provinces, districts, municipal authorities, miscellaneous public bodies and social insurance institutions (with the exception of the Constitutional Court, Supreme Court of Justice and Administrative Court) can be held liable for harm resulting from unlawful, culpable behaviour on the part of their law enforcement organs.
Under the Polizeibefugnis-Entschaedigungsgesetz (Police Authority
Indemnification Law), the federal government can be held liable for
certain damage/injuries caused by public law enforcement agents (even
in the course of lawful acts) regardless of responsibility.
Further reading#
W. Schragel, Kommentar zum Amtshaftungsgesetz, 21985, supplementary brochure 1990.