Administrative Proceedings
Administrative proceedings are characterised by the inequality of the persons opposed to each other. In the administrative proceedings the citizen subjected to law is opposed to a sovereign entity (“the State”) in the form of authorities or public law bodies. The administrative proceedings permeate all spheres of life: granting a building permit belongs to them just like the conferral of austrian citizenship but there are also affairs seeming to be less close to the State, like for example the conferment of academic degrees or the expertise of an automobile in accordance with Section 57 (a) of the KFG (Automobile Act), which are, strictly considered, administrative proceedings.
In the framework of administrative penal proceedings acts against the law are subjected to punishment, although it is not about judicial punishments. Administrative punishments are always fines, but a replacement custodial sentence is simultaneously imposed for the case that the fine cannot be collected. Administrative punishments are familiar for us above all from the road traffic, but an enormous number of further penal provisions can also be imposed in the administrative laws.
Administrative proceedings and administrative penal proceedings pursue always a code of procedure and they offer certain legal remedies for whose asserting the law always fixes specific deadlines. While at first instance administrative authorities bound to instructions are competent, rulings regarding the legal remedies in administrative proceedings and in the administrative penal proceedings are always made by independent Administrative Courts.
In certain circumstances revision may be applied for against the decision of the Administrative Courts to the Administrative Tribunal (Verwaltungsgerichtshof). If the complainant is stating the violation of a fundamental right, he or she may alternatively or in parallel bring a complaint before the Constitutional Tribunal.
The Esztegar Law Office will represent you before the competent authorities and draw up legal remedies in administrative and administrative penal proceedings before the Administrative Courts and complaints before the Constitutional Tribunal, as well as applications for revision before the Administrative Tribunal.