We represent client in adminstrative procedures before public authorities, administrative courts and the Austrian Constitutional Court
In administrative proceedings the individual subject is faced by a public authority body (the Federal State) either in the form of federal or state offices or public body. Administrative proceedings influence all spheres of life such as:
- the granting of building permits
- the raising of objections in building permit procedures
- the granting of business premises permit
- other trade law related permits, such as the granting or withdrawal of trade licences
- water-legal permissions
- Proceedings under the UVP act (environmental impact assessment proceedings)
In administrative penal proceedings unlawful actions are defined as offence and penalised, although not dealing with criminal punishment. Administrative sanctions are always pecuniary fines, however, imprisonment for default is awarded for the event of uncollectible fines. Administrative penal sanctions are provided for in many different administrative statutes, such as road traffic regulations, act on the coordination of construction works, employment of aliens act, etc.
Administrative procedures and administrative penal procedures follow special rules of procedure, which provide for specific legal remedies being subject to exact time-limits for bringing an action. While administrative authorities bound by instructions are competent in first instance proceedings, independent administrative courts decide on appeals in administrative procedures and administrative penal procedures.
Decisions of the administrative courts can be appealed before the Austrian High Court of Administration (Verwaltungsgerichtshof) subject to certain conditions. If the appellant alleges an infringement of a fundamental right, he may – alternatively or in parallel – raise a complaint at the Austrian Constituttional Court.
We represent you in proceedings before the competent authority and submit appeals in administrative procedures or administrative penal procedures to administrative court including the Austrian High Court of Administration an the Constitutional Court.