"We see each other in court" – this statement can be heard again and again in everyday life. But that does not mean that you can simply go to the next court and that the court is then responsible for the case.
There are different types of courts that have jurisdiction over different disputes. This is to ensure that the competent court has the necessary expertise and that a fair trial is possible for all parties involved.
In general, a distinction can be made in Austria between the "ordinary courts" and the administrative courts. There is also the Constitutional Court. Another grouping are international courts, for example the Court of Justice of the European Union (ECJ), the European Court of Human Rights (ECtHRA) and the International Criminal Tribunals of the United Nations.
The so-called "ordinary jurisdiction" decides in civil and criminal matters. You can find out more about civil law and criminal law in the chapter "Which court proceedings are there?".
The "ordinary courts" in Austria include the district courts, the regional courts, the higher regional courts and the Supreme Court.
Questioned: Why do we speak of a "proper" court?
Until the middle of the 19th century, it was customary in the Austro-Hungarian monarchy for courts to be staffed by officials. Their decisions were not independent of the emperor and the administration. An exception were the so-called "ordinary courts", where there were independent judges. This name has remained to this day.
Which court has jurisdiction over a case and why? In the following examples, you will learn more about the jurisdictions of the courts and the different instances (levels).
When a next higher court is called upon to amend or annul a court decision of the lower instance, this is referred to as a "court of appeal". In civil law matters, there are always two instances, i.e. two levels. Depending on the level at which the proceedings begin (district court or regional court), the regional court or higher regional court is the second instance. The third and final instance for important matters is always the Supreme Court, which is why it is also called the Supreme Court.
Overview of ordinary jurisdiction in Austria
116 District Courts (BG)The Administrative Courts
These courts have the task of reviewing decisions of the authorities. This applies to the municipal, state and federal levels.
These dishes include:
- The nine regional administrative courts
- The Federal Finance Court
- The Federal Administrative Court
- The Administrative Court
The Constitutional Court is its own supreme court, which has jurisdiction over special matters and the interpretation of the Constitution.
Citizens can, for example, turn to the regional administrative courts if they believe that a state or municipal authority has acted incorrectly.
Mrs. Maier wants to build a garden house, but does not get a permit from the municipality. It may lodge an appeal against this decision with the Regional Administrative Court.
The Landesverwaltungsgericht (Regional Administrative Court) decides in the case of Ms Maier. An appeal on a point of law, i.e. an appeal against a judgment at second instance, is possible before the Administrative Court under certain conditions.
The Federal Fiscal Court and the Federal Administrative Court decide on complaints concerning decisions of administrative authorities at federal level.
The Administrative Court is the highest instance and reviews the decisions of the Regional Administrative Courts, the Federal Fiscal Court and the Federal Administrative Court.
Overview of administrative courts in Austria
Administrative
(Highest instance of administrative jurisdiction; decides on appeals against findings of the Regional Administrative Courts, the Federal Fiscal Court and the Federal Administrative Court)
Regional Administrative Court
(decides on appeals against decisions of the municipal and state administration)
Federal Administrative Court
(decides on appeals against decisions of the Federal Administration)
Federal Finance Court
(decides on appeals against decisions of a tax office or customs office)
Constitutional court
("Guardian of the Constitution")
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