Austria - Constitution - Chapter VI Constitutional and Administrative Guarantees

Article 129 [Jurisdiction]
The authority competent to secure the legality of all acts of public administration is the Administrative Court at Vienna.

Article 130 [Cases of Illegality]
(1) The Administrative Court pronounces on complaints which allege:
a) illegality of rulings by administrative authorities;
b) illegality in the exercise of direct administrative power and compulsion against a particular person; or
c) breach of administrative authorities' duty to take a decision.
The Administrative Court also decides complaints against instructions received pursuant to Article 81a (4).
(2) No illegality exists where legislation forbears from the establishment of a binding rule on an administrative authority's conduct, leaving the determination of such conduct to the authority itself, and the authority has made use of this discretion in the spirit of the law.

Article 131 [Standing]
(1) Complaint about illegality can be brought against the ruling of an administrative authority by:
1) anyone who, after exhausting all appellate stages, alleges that the ruling infringes their rights;
2) the competent Federal Minister in matters pertaining to Articles 11, 12, 14 (2) and (3) and 14a (3) and (4) as well as in those matters where the ruling of a State or District school board is based on a committee decision and the parties are no longer able to contest the ruling by way of appeal; and
3) the competent State government against rulings by the Federal Minister competent in matters pertaining to the first sentence in Article 15 (5).
(2) The Federal or State laws relating to the individual fields of administration regulate under what conditions complaints about illegality are admissible against administrative authorities' rulings in cases other than those stated in Paragraph (1).

Article 131a [Infringement of Personal Rights]
A party subject to the exercise of direct administrative power and compulsion can lay complaint against the alleged infringement of personal rights by the measure concerned.

Article 132 [Complaint About Non-Activity]
Complaint for breach of the duty to take a decision can be brought by the party who in administrative proceedings was entitled to claim fulfillment of that duty of decision.

Article 133 [Excluded Matters]
The following matters art excluded from the jurisdiction of the Administrative Court:
1) matters pertaining to the jurisdiction of the Constitutional Court;
2) {...};
3) patent matters;
4) matters where the final decision rests with a tribunal if, in accordance with the Federal or State law which prescribes the organization of this authority, its membership includes at least one judge, the remaining members too are in the exercise of this office not bound by any instructions, the rulings of this authority are not subject to administrative rescission of alteration, and complaint to the Administrative Court, notwithstanding the fulfillment of these conditions, is not expressly declared admissible.

Article 134 [Establishment]
(1) The Administrative Court consists of a President, a Vice-President, and the requisite number of other members (tribunal presidents and Court councilors).
(2) The President, the Vice-President, and the other members of the Administrative Court are appointed by the Federal President on the proposal of the Federal Government. The Federal Government submits its recommendations, in so far as appointment of the President or Vice-President is concerned, on the basis of a recommendation listing three candidates for each vacancy submitted by the Administrative Court in plenary session.
(3) All members of the Administrative Court must have completed their studies in law and political science and for at least ten years have held a professional appointment which prescribes the completion of these studies. At least one third of the members must be qualified to hold judicial office while at least one quarter should be drawn from professional appointments in the States, whenever possible from the States' administrative service.
(4) Members of the Federal Government, a State Government, or a popular representative body cannot be members of the Administrative Court; for members of a popular representative body elected for a fixed term of legislation or office, such incompatibility continues until the expiry of that term of legislation or office even though they prematurely renounce their seat.
(5) Anyone who during the preceding four years has exercised one of the functions specified in Paragraph (4) cannot be appointed President or Vice-President of the Administrative Court.
(6) All members of the Administrative Court are professionally employed judges. The provisions of Articles 87 (1) and (2) and 88 (2) apply to them. Members of the Administrative Court are, by operation of law, put on the permanently retired list on 31 Dec of the year in which they attain their sixty fifth birthday.

Article 135 [Tribunals]
(1) The Administrative Court pronounces judgment through tribunals which shall be constituted by the plenary assembly from members of the Administrative Court.
(2) Business shall, for the period provided by Federal law, be allocated by the plenary assembly in advance among the tribunals.
(3) A matter devolving upon a member in accordance with this allocation may be removed from his jurisdiction only in case of his being prevented from the discharge of his responsibilities.
(4) Article 89 applies analogously to the Administrative Court.

Article 136 [Standing Orders]
Detailed provisions about establishment, scope, and procedure of the Administrative Court will be prescribed in a special Federal law and Standing Orders be passed on the basis of this by the plenary assembly.