Conditions of the appeal claim in the Austrian administrative procedure

Abstract

Purpose. The article deals with the most important formal requirements of the appealing the decision of the administrative authority in the Austrian administrative procedural law.

Methods. Based on the historical development of administrative law protection in Austria and the objective of the Austrian administrative procedural law as well and considering the intentions of the legislative authorities to create the new Austrian administrative procedural law, it is shown in detail by means of certain provisions that the administrative process for a citizen should be as cheap and easy as possible. Formal rules of appeals to the Administrative Tribunal are not intended to exaggerate formalism or to create a particular obstacle for a citizen in his efforts to seek legal protection.

Results. The discussion of the administrative court judicature shows that the legislative intentions have been considered in case law, because the requirements of a complaint is so openly protected that basically every average citizen without legal support can fulfill this process requirements. In more complex administrative procedures with the participation of a legally unrepresented citizen, the administrative court’s obligation to provide services is regularly of particular importance, that is why the duty of the court to guide a citizen in the administrative procedure and to perform procedural acts is thoroughly analysed. In this context, the tense relationship that can emerge during the fulfillment of the duty of manpower with regard to the impartiality of the court to all disputing parties is also touched upon. In addition, the article analyses the conditions for granting legal aid or legal aid for low-income citizens, that can be provided with a free of charge lawyer, as required by the complexity of the procedure. Subsequently, the guarantees of the Article 6 of the European

Convention on Human Rights relating to the conditions of access of justice and access to the protection of justice are described in more detail and also the relevant case law of the European Court of Human Rights is illustrated with such examples as high legal costs.

Conclusion. Finally, the decision of the Austrian Constitutional Court regarding legal aid points out that the whole issue is highly topical and, in the final analysis, significantly influences citizens’ trust in the rule of law.