Changes in the organization of administrative courts

On 15 May 2012, the National Council adopted Administrative Jurisdiction Amendment Act 2012 decided. The centerpiece of the new regulation is the creation of nine administrative courts of the Länder as well as by two administrative courts of the federal government („Federal Administrative Court“ and „Federal Finance Court“). The Independent Financial Council (Universal Flash Storage) will be available from 1.1.2014 Administrative Court of the Federation (Federal Administrative Court).

The following are associated with this: Impact:

• Against findings of the administrative court of the Federal Republic of Germany, an appeal is Revision before the Administrative Court of Justice (VwGH) will in the future only be permitted to rule on fundamental legal issues, on findings that differ from the VwGH’s jurisprudence, and in the absence of a ruling or where there is inconsistent jurisprudence by the VwGH.
• No revision with low fines

Impact but they also result in open Current decisions of the UFS, Because the Novel Basically already with 1.7.2012 comes into force. The VwGH can Therefore, from now on, under certain conditions Rejecting complaints against UFS decisions (e.g. for minor fines) - the measure is intended in particular to Relief for the VwGH However, for financial criminal matters, the right of refusal only exists if a fine of no more than €1,500 has been imposed. Right to refuse Therefore, in extreme cases, even pending proceedings that have been ongoing for years may be affected, for example if only questions of evidence are pending.

New It is also that the Supreme Administrative Court henceforth decide on the matter itself can be done if the matter is ready for decision and in the interests of simplicity, expediency, and cost savings. So far The VwGH was able to Decide only cancel and to the upstream authority for a new decision refer back.

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