The Austrian court system is a civil law system rooted in continental European legal traditions. It is structured hierarchically and divided into several branches, each with specific jurisdictions. The system emphasizes codified statutes over case law and provides multiple levels of appeals. Here's an overview:
Structure of the Austrian Court System
1. Ordinary Courts (Zivilgerichte & Strafgerichte)
Handle civil and criminal cases.
Four-Tier Structure:
Level 1 District Courts handle minor civil/criminal cases (e.g., tenancy, family, debts < €15,000)
Level 2: Regional Courts handle more serious civil/criminal matters
Level 3: Higher Regional Courts hear appeals from LGs
Level 4: Supreme Court of Justice hears final appeals in civil and criminal cases.
Example: A landlord-tenant dispute would typically start at a District Court and could eventually be appealed up to the OGH if legal grounds exist.
2. Public Law Courts (Verwaltungsgerichte)
Deal with administrative matters (e.g., taxes, immigration, education, public health).
🏛️ Key Institutions:
Verwaltungsgerichte der Länder (Provincial Administrative Courts): First-instance courts for regional matters.
Bundesverwaltungsgericht (BVwG): Federal Administrative Court.
Bundesfinanzgericht (BFG): Federal Fiscal Court (tax disputes).
Verwaltungsgerichtshof (VwGH): Supreme Administrative Court – highest body for reviewing administrative decisions.
3. Constitutional Court (Verfassungsgerichtshof, VfGH)
Interprets the Austrian Constitution and protects constitutional rights.
Reviews laws and regulations for constitutionality.
Handles complaints about violations of constitutional rights.
Adjudicates election disputes and conflicts between government bodies.
📌 Other Legal Institutions
Asylgerichtshof (now part of the BVwG): Deals with asylum appeals.
Military Courts: Abolished in peacetime; no standing military court system.
Commercial & Labour Courts: Integrated into the civil system with special chambers (e.g., Arbeits- und Sozialgericht for labor).
👩⚖️ Key Features of the Austrian Judiciary
Feature Description
Independence Guaranteed by the Constitution (Articles 82–94 B-VG). Judges cannot be removed arbitrarily.
Lay Judges & Schöffen Used in some criminal and labor courts; a mix of professional and lay participation.
No Jury in Civil Cases Civil cases are handled exclusively by judges.
Career Judiciary Judges are career civil servants, appointed after law studies, court training, and exams.
No Binding Precedent Court rulings do not establish binding precedent like in common law systems.
🗂️ Legal Oversight & Appeals
Multiple appeal routes: Most decisions can be appealed to a higher court.
Cassation principle: The Supreme Courts (OGH and VwGH) do not rehear full cases but review legal errors in rulings.
🇪🇺 European Integration
Austrian courts must apply EU law and cooperate with the European Court of Justice (ECJ).
Individuals can appeal to the European Court of Human Rights (ECHR) after exhausting national remedies.