Austria is a state governed by the rule of law. This means that public authorities are bound by the law, and people can challenge decisions using the legal remedies provided for this purpose. The most important rules are set out in laws and regulations. Federal law (Bundesrecht) applies throughout Austria, while provincial law (Landesrecht) applies only in the respective province. The law of the European Union also plays an important role in many areas. Constitutional law contains the fundamental rules of the state. These include the responsibilities of public bodies, the allocation of powers, and the protection of fundamental rights. Civil law regulates private relationships, such as contracts, purchases, tenancy, compensation for damages, family matters, and inheritances. Civil proceedings usually begin when a person or business seeks to enforce a claim against another party. Criminal law deals with prohibited acts and possible penalties. Investigations are generally conducted by the police and the public prosecutor's office; an independent court decides on guilt and punishment. Administrative law concerns decisions by public authorities, for example in the areas of residence, business activities, construction, or certain public benefits. A formal administrative decision (Bescheid) is often issued and normally contains information about possible legal remedies. Austria has ordinary courts for civil and criminal matters, as well as administrative courts for many disputes with public authorities. Supreme courts perform special oversight functions within the legal system. Typical procedures begin with an application, a contract, a claim, a report to the authorities, or a decision by a public authority. Depending on the case, this is followed by examination, statements, evidence, and a decision; deadlines and the correct responsible body can be decisive. The law can protect claims and resolve conflicts in an orderly way, but it does not guarantee the desired outcome. Facts, evidence, jurisdiction, and procedural rules affect the result, which is why professional advice is useful in important or complicated cases.
Law in Austria
The law in Austria sets out which rules apply to individuals, businesses, and public authorities. It protects rights, defines duties, and provides established ways to resolve disputes. Depending on the issue, public authorities, courts, or specialized advice centers may be responsible.
Tip
First assign your issue to a particular area of life and collect all relevant documents. Then check who is responsible and whether a letter specifies a deadline. Seek help early if substantial amounts of money, housing, residence, family matters, work, or criminal proceedings are involved.