!!!Verwaltungsgerichtshof
Administrative Court (Verwaltungsgerichtshof), one of the 3 High
Courts, established in 1876, located in Vienna (in the former Bohemian
Hofkanzlei building), monitors the legality of administrative acts. It
is limited to controlling the legal justification of individual
decisions, while appeals regarding violation of rights guaranteed by
constitutional law or the application of unlawful general norms have
to be addressed to the Constitutional Court. Appeals to the
Administrative Court are of the following types: "appeal against a
notice of an order or a decision" ("Bescheidbeschwerde"):
open to all persons who claim that their subjective right has been
injured by an official notice ("Parteibeschwerde" - "party
appeal") and to certain state organs in specific cases determined by
law in order to maintain control of the objective legality of the
administration ("Amtsbeschwerde" - appeal on the part of an
administrative authority); a "default appeal"
("Saeumnisbeschwerde") can be lodged by any party to
administrative proceedings to claim that an authority has failed to
meet its obligation to deliver a decision within the legally
stipulated time; another type of appeal is the "appeal against an
official instruction" ("Weisungsbeschwerde").
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The Administrative Court´s action is limited to setting aside
decisions by lower authorities and only in default appeals can it give
a ruling itself. Its decisions are final. There are several areas
which are excluded from review by the Administrative Court, such as
matters of patent law, matters in which appeals lie to a
quasi-judicial collegiate authority, disciplinary matters regarding
civil servants, and review of electoral votes. The legal basis is the
1983 Administrative Court Act; members are regular judges who sit in
panels.
!Literature
K. Ringhofer, Der Verwaltungsgerichtshof, 1955; P.
Oberndorfer, Die oesterreichische Verwaltungsgerichtsbarkeit, 1983.
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