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Austrian Report 2

At the Independent Administrative Tribunal we do not have infringements of the status, independence and security of tenure for judges. For example we are appointed until the statutory age of retirement. A judge`s tenure can be terminated only for health reasons or a result of disciplinary proceedings. We do have a committee that decides each third year, if we have done our work well, but they do not judge about the content of our decisions. This committee consists of five members, the president of the court, the vice president and three members, who are elected of the plenary session. So the three elected members can outvote the president and the vice president. We do not have cuts in the remuneration beside the general cuts for public servants. There are no violations of the principle of res judicata of judicial decisions on the part of the other branches of power and non-enforcement of judicial decisions.

In our Constitution the implementation of administrative courts is provided for 2014. Now the Länder and the federal legislature have to pass a law to implement such courts. There are many additional matters that are currently being carried out by administrative authorities and which should be decided at the new administrative courts.

In the draft laws there can be seen already that the Länder are trying to keep as much influence to the independence of a court. This is just a draft paper and there are expected some major changes, so these points will not be shown here in particular.

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