Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Judicial Independence and the Three Highest Courts in Austria

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

It is self-evident that judicial independence is one of the main characteristics of the Austrian procedural law, being laid down in Art. 87 of the Austrian Federal Constitutional Act. This chapter discusses the Austrian court system with an emphasis on the independence criterion and the three Highest Courts in Austria. Art. 6 European Convention on Human Rights (ECHR) inter alia provides for the impartiality of a tribunal deciding on civil rights and obligations. The current version of the Austrian Federal Constitutional Act provides for three different and equal highest courts: the Constitutional Court, the Administrative Court and the Supreme Court. The Austrian Supreme Court is responsible for safeguarding legal uniformity, legal certainty and the development of the law in criminal and civil matters. Decisions of the three highest courts are final and binding and are not subject to review by any other Austrian court.

Keywords: Administrative Court; Austrian Supreme Court; Constitutional Court; European Convention on Human Rights (ECHR); judicial independence

10.1163/9789004257818_032
/content/books/b9789004257818s032
dcterms_subject,pub_keyword
10
5
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The Culture of Judicial Independence — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation