The judiciary of Austria ( German : österreischische Judikative ) is the system of courts , prosecution and correction of the Republic of Austria as well as the branch of government responsible for upholding the rule of law and administering justice . The judiciary is independent of the other two branches of government and is committed to guaranteeing fair trials and equality before the law . It has broad and effective powers of judicial review .
63-828: (Redirected from Bezirke ) [REDACTED] Look up Bezirk in Wiktionary, the free dictionary. [REDACTED] This article does not cite any sources . Please help improve this article by adding citations to reliable sources . Unsourced material may be challenged and removed . Find sources: "Bezirk" – news · newspapers · books · scholar · JSTOR ( July 2019 ) ( Learn how and when to remove this message ) German term referting to several types of administrative divisions The German term Bezirk (plural Bezirke , derived from Latin : circulus , "circle") translated as " district " can refer to
126-502: A bench, a prospective judge needs to have a master's degree or equivalent in Austrian law, undergo four years of post-graduate training, and pass an exam. The training includes theoretical instruction and internship-type practical work in an actual courthouse. Appointments to benches are made by the president , although the president can and does delegate most of this responsibility to the minister of justice . Nominations come from within
189-425: A chief public prosecutor's office ( Oberstaatsanwaltschaft ). The Supreme Court of Justice ( Oberster Gerichtshof or OGH ) hears appeals at law ( Revisionen in civil trials, Nichtigkeitsbeschwerden in criminal cases) against verdicts of appellate courts. The court also deals with service-related complaints by jurists against the judiciary and with disciplinary complaints against jurists; it acts as
252-650: A federal state , every canton is free to implement its own administrative structure. The intermediate administrative level above the Swiss municipalities is also referred to as Verwaltungsregion or Verwaltungskreis , Wahlkreis , Amtei or Amt , as well as French : districts in Suisse romande and Italian : distretto in Svizzera italiana. In Schwyz , the six historic Bezirke are self-governing bodies, some with regional Landsgemeinde assemblies, similar to
315-491: A federal state , every canton is free to implement its own administrative structure. The intermediate administrative level above the Swiss municipalities is also referred to as Verwaltungsregion or Verwaltungskreis , Wahlkreis , Amtei or Amt , as well as French : districts in Suisse romande and Italian : distretto in Svizzera italiana. In Schwyz , the six historic Bezirke are self-governing bodies, some with regional Landsgemeinde assemblies, similar to
378-515: A general court can file an appeal on facts and law ( Berufung ). If the case is a civil case, the appellate court first checks whether the trial court has committed procedural errors; if yes, it orders a retrial, sending the case back to the trial court. If no, or if the case is criminal, the appellate court conducts what is essentially a retrial itself − the appellate trial does not merely review questions of law but also questions of fact, assessing evidence and questioning witnesses. In addition to
441-899: A judiciary clerk ( Rechtspfleger ). While there are permanent district judges, there are no district attorneys . Criminal trials are prosecuted by a state attorney ( Staatsanwalt ) attached to the relevant regional court. In minor cases, the public prosecutor can assign a district prosecutor ( Bezirksanwalt ) to substitute for them. The district prosecutor is not necessarily an attorney, however, and cannot act on their own initiative or authority. There are 18 regional courts ( Landesgerichte ) in Austria; their seats are in Eisenstadt , Feldkirch , Graz , Innsbruck , Klagenfurt , Korneuburg , Krems an der Donau , Leoben , Linz , Ried im Innkreis , Salzburg , Sankt Pölten , Steyr , Vienna , Wels , and Wiener Neustadt . In Graz and Vienna,
504-480: A right to trial by jury. Pursuant to the European Convention on Human Rights , which has been adopted into the Austrian constitution, but also to Austrian constitutional law preceding it, criminal defendants are protected by the set of procedural guarantees typical for modern liberal democracies . Among other things, defendants The right to an appeal is taken seriously. Any party to any trial before
567-557: A single specialist court is called the centralized system of judicial review. Because Austria was the first country to adopt this approach when Hans Kelsen created the Constitutional Court in its modern form with the 1920 Kelsen constitution , the approach is sometimes also called the Austrian system. Because the approach has since spread to Germany , Italy , Spain , Portugal , and Belgium , some people call it
630-405: Is a branch of the state prosecution service ( Staatsanwaltschaft ) and a prison ( Justizanstalt ). Regional courts and regional-level state prosecutors organize and supervise most of the pre-trial work ( Ermittlungsverfahren ) in Austria, even in cases in which the main court proceedings ( Hauptverfahren ) are going to take place in a district court. In many ways, the regional courts are
693-971: Is different from Wikidata Articles containing German-language text Articles containing Latin-language text Articles containing Italian-language text Articles containing French-language text Bezirk [REDACTED] Look up Bezirk in Wiktionary, the free dictionary. [REDACTED] This article does not cite any sources . Please help improve this article by adding citations to reliable sources . Unsourced material may be challenged and removed . Find sources: "Bezirk" – news · newspapers · books · scholar · JSTOR ( July 2019 ) ( Learn how and when to remove this message ) German term referting to several types of administrative divisions The German term Bezirk (plural Bezirke , derived from Latin : circulus , "circle") translated as " district " can refer to
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#1732771756973756-586: Is different from Wikidata Articles containing German-language text Articles containing Latin-language text Articles containing Italian-language text Articles containing French-language text Judiciary of Austria Structurally, the Austrian judiciary is divided into general courts ( ordentliche Gerichte ) and courts of public law ( Gerichte öffentlichen Rechts ). The general courts handle civil and criminal trials as well as non-adversary proceedings such as inheritance cases or legal guardianship matters. The courts of public law supervise
819-515: Is essentially all of them − there has to be a fixed and specific apportionment of responsibilities ( feste Geschäftseinteilung ) to prevent the government from influencing outcomes by hand-picking a judge sympathetic to its perspective. For example, if a litigant files for divorce in a court with multiple judges handling divorce cases, the first letter of their last name decides which judge they are assigned. Judges presiding over trials are professionals. In order to become eligible for appointment to
882-413: Is made to prevent panels and juries from being biased or unable to empathize with either defendants or alleged victims. If the crime alleged is a sexual assault or some other violation of a person's sexual integrity serious enough to warrant a panel, then at least one of the judges must belong to the same sex as the alleged victim. If there is a jury, then at least two of the jurors must be of the same sex as
945-467: Is partitioned into 18 panels ( Senate ) of five members each. One panel exclusively deals with appeals decisions reached by arbitration tribunals; another panel hears to appeals to antitrust verdicts handed down by the Vienna higher regional court, which has specialist exclusive jurisdiction over all Austrian antitrust cases. A third panel handles disciplinary proceedings and other disputes internal to
1008-403: Is responsible for is often, although informally, called a district ( Bezirk ). A number of statutory cities , currently 15, are not served by any district administrative office. Their respective municipal bureaucracies handle the tasks normally performed by the district administrative office. The cities of Vienna and Graz are divided into municipal districts ( Stadtbezirke ), assisting
1071-403: Is responsible for is often, although informally, called a district ( Bezirk ). A number of statutory cities , currently 15, are not served by any district administrative office. Their respective municipal bureaucracies handle the tasks normally performed by the district administrative office. The cities of Vienna and Graz are divided into municipal districts ( Stadtbezirke ), assisting
1134-584: Is the City of Vienna , home to no fewer than 12 separate district courts. In some cases, a district court serving a city also serves part of the surrounding suburbs. In others, two or three very small administrative districts are lumped together into a single judicial zone. District courts are responsible for Trials before the district court are bench trials decided by a single judge ( Bezirksrichter ). Non-adversary proceedings, debt collection, foreclosure, bankruptcy, and land register matters can also be decided by
1197-494: The European approach. Legislation can be challenged before the Constitutional Court by any private person, natural or other. The complaint has to argue that the complainant is being violated in their rights by the piece of legislation at issue, actually and not just potentially. The complaint also has to argue that there is no plausible way for the complainant to get the problem resolved through any other procedure. Depending on
1260-2322: The German reunification . During the Second World War , a special administrative division of Nazi Germany was officially classified as " Bezirk ": Bezirk Bialystok . See also [ edit ] Amtsbezirk , historic denotation of an administrative subdivision in Prussia ; until 2009 also in the Swiss Canton of Bern Regierungsbezirk , "government region", a subdivision of some German federal states v t e Designations for types of administrative division English terms Common English terms Area Insular area Local government area Special area Unincorporated area Unorganized area Borough County borough Metropolitan borough Canton Half-canton Capital Federal capital Imperial capital City Autonomous city Charter city Independent city Incorporated city Imperial city Free imperial city Royal free city Community Autonomous community Residential community County Administrative county Autonomous county Consolidated city-county County seat County town Metropolitan county Non-metropolitan county Regional county municipality Viscounty Country Overseas country Department Overseas department District Capital district City district Congressional district Electoral district Federal district Indian government district Land district Local government district Metropolitan district Non-metropolitan district Military district Municipal district Police district Regional district Rural district Sanitary district Service district Educational service district Local service district School district Intermediate school district Special district in
1323-2089: The German reunification . During the Second World War , a special administrative division of Nazi Germany was officially classified as " Bezirk ": Bezirk Bialystok . See also [ edit ] Amtsbezirk , historic denotation of an administrative subdivision in Prussia ; until 2009 also in the Swiss Canton of Bern Regierungsbezirk , "government region", a subdivision of some German federal states v t e Designations for types of administrative division English terms Common English terms Area Insular area Local government area Special area Unincorporated area Unorganized area Borough County borough Metropolitan borough Canton Half-canton Capital Federal capital Imperial capital City Autonomous city Charter city Independent city Incorporated city Imperial city Free imperial city Royal free city Community Autonomous community Residential community County Administrative county Autonomous county Consolidated city-county County seat County town Metropolitan county Non-metropolitan county Regional county municipality Viscounty Country Overseas country Department Overseas department District Capital district City district Congressional district Electoral district Federal district Indian government district Land district Local government district Metropolitan district Non-metropolitan district Military district Municipal district Police district Regional district Rural district Sanitary district Service district Educational service district Local service district School district Intermediate school district Special district in
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#17327717569731386-528: The Supreme Administrative Court , the Constitutional Court is not a court of appeals . It only hears cases it has original jurisdiction over, although the way Austria uses general and administrative courts to vet complaints about unconstitutional legislation and other constitutional rights infringements does present something of an edge case. The Constitutional Court consists of fourteen members and six substitute members, appointed by
1449-553: The estates of their various realms. The Revolutions of 1848 compelled a first step towards constitutional rule . Under intense pressure, Emperor Ferdinand tried to appease the revolutionaries by enacting the Pillersdorf Constitution , a statute that promised increased civil liberties, a limited form of democratic participation in government, and access to independent courts with the power to review administrative acts and halt administrative overreach. Although
1512-619: The president on nomination of the cabinet, the National Council , and the Federal Council . In theory, trials before the Constitutional Court are oral, public, and decided by the full plenum. In practice, oral argument and true plenary sessions have become rare because workload is heavy and there are broad exceptions to these general rules; most cases today are decided behind closed doors by panels of either nine or five members. Opinions tend to be concise and academic. Only
1575-468: The Constitutional Court, two tribunals that cut across the division. Pointedly called Gerichtshöfe instead of simply Gerichte , the two tribunals are staffed by lawyer judges and generally behave like courts without technically being courts. The terminology used by most modern English-language literature makes the distinction difficult to see; it remains salient in German texts. Broadly speaking,
1638-4787: The US Urban district Division Census division Police division Subdivision of India Indian reserve/reservation Indian reservation (United States) Indian reserve (Canada) Municipality City municipality County municipality Direct-controlled municipality District municipality Neutral municipality Regional municipality Resort municipality Mountain resort municipality Rural municipality Specialized municipality Prefecture Autonomous prefecture Subprefecture Super-prefecture Praetorian prefecture Province Autonomous province Overseas province Roman province Region Administrative region Special administrative region Autonomous region Capital region National capital region Development region Mesoregion Microregion Overseas region Subregion State Proto-state City-state Federal state Free state Sovereign state Territory Capital territory Federal capital territory National capital territory Dependent territory Federal territory Incorporated territory Organized incorporated territory Overseas territory Union territory Town Census town Market town Township Charter township Civil township Paper township Survey township Urban township Unit Regional unit Territorial unit Autonomous territorial unit Zone Economic zone Exclusive economic zone Free economic zone Special economic zone Exclusion zone Military exclusion zone Free speech zone Neutral zone Self-administered zone Trade zone Free-trade zone Other English terms Current Alpine resort Bailiwick Banner Autonomous Block Cadastre Circle Circuit Colony Commune Condominium Constituency Duchy District Eldership Emirate Enclave and exclave Federal dependency Governorate Hamlet Manor Royal Muftiate Neighbourhood Parish Precinct Principality Protectorate Quarter Regency Autonomous republic Riding Sector Autonomous Shire Sultanate Suzerainty Townland Village Summer Ward Historical Agency Barony Burgh Exarchate Hide Hundred Imperial Circle March Monthon Presidency Residency Roman diocese Seat Tenth Tithing Viceroyalty Non-English terms or loanwords Current Amt Apskritis Bakhsh Barangay Bashki Bezirk Regierungsbezirk Comarca Comune Frazione Freguesia Fu Gemeinde Austria Germany South Tyrol Switzerland Gemeente Gmina Hromada Județ Kampong Kommun/Kunta Finland Sweden Län (Sweden) Landskap Finland Località Maakunta Megye Muban Mukim Njësi administrative Oblast Autonomous Okrug Ostān Poblacion Purok Qark Raion Savivaldybė Selsoviet Sitio Seniūnija Shahrestān Sum China Sýsla Tehsil Townlet Vingtaine Historical Commote Gau Heerlijkheid Komunë Köping Korale Län/Lääni Landskap Sweden Landskommun Maalaiskunta Nome Egypt Greece Pagus Pargana Plasă Rreth Satrapy Socken Subah Syssel Zhou Used by ten or more countries or having derived terms. Historical derivations in italics . See also Autonomous administration Census division Electoral district List of administrative divisions by country Slavic administrative divisions Authority control databases : National [REDACTED] Germany Retrieved from " https://en.wikipedia.org/w/index.php?title=Bezirk&oldid=1252851365 " Category : Types of administrative division Hidden categories: Articles lacking sources from July 2019 All articles lacking sources Articles with short description Short description
1701-4731: The US Urban district Division Census division Police division Subdivision of India Indian reserve/reservation Indian reservation (United States) Indian reserve (Canada) Municipality City municipality County municipality Direct-controlled municipality District municipality Neutral municipality Regional municipality Resort municipality Mountain resort municipality Rural municipality Specialized municipality Prefecture Autonomous prefecture Subprefecture Super-prefecture Praetorian prefecture Province Autonomous province Overseas province Roman province Region Administrative region Special administrative region Autonomous region Capital region National capital region Development region Mesoregion Microregion Overseas region Subregion State Proto-state City-state Federal state Free state Sovereign state Territory Capital territory Federal capital territory National capital territory Dependent territory Federal territory Incorporated territory Organized incorporated territory Overseas territory Union territory Town Census town Market town Township Charter township Civil township Paper township Survey township Urban township Unit Regional unit Territorial unit Autonomous territorial unit Zone Economic zone Exclusive economic zone Free economic zone Special economic zone Exclusion zone Military exclusion zone Free speech zone Neutral zone Self-administered zone Trade zone Free-trade zone Other English terms Current Alpine resort Bailiwick Banner Autonomous Block Cadastre Circle Circuit Colony Commune Condominium Constituency Duchy District Eldership Emirate Enclave and exclave Federal dependency Governorate Hamlet Manor Royal Muftiate Neighbourhood Parish Precinct Principality Protectorate Quarter Regency Autonomous republic Riding Sector Autonomous Shire Sultanate Suzerainty Townland Village Summer Ward Historical Agency Barony Burgh Exarchate Hide Hundred Imperial Circle March Monthon Presidency Residency Roman diocese Seat Tenth Tithing Viceroyalty Non-English terms or loanwords Current Amt Apskritis Bakhsh Barangay Bashki Bezirk Regierungsbezirk Comarca Comune Frazione Freguesia Fu Gemeinde Austria Germany South Tyrol Switzerland Gemeente Gmina Hromada Județ Kampong Kommun/Kunta Finland Sweden Län (Sweden) Landskap Finland Località Maakunta Megye Muban Mukim Njësi administrative Oblast Autonomous Okrug Ostān Poblacion Purok Qark Raion Savivaldybė Selsoviet Sitio Seniūnija Shahrestān Sum China Sýsla Tehsil Townlet Vingtaine Historical Commote Gau Heerlijkheid Komunë Köping Korale Län/Lääni Landskap Sweden Landskommun Maalaiskunta Nome Egypt Greece Pagus Pargana Plasă Rreth Satrapy Socken Subah Syssel Zhou Used by ten or more countries or having derived terms. Historical derivations in italics . See also Autonomous administration Census division Electoral district List of administrative divisions by country Slavic administrative divisions Authority control databases : National [REDACTED] Germany Retrieved from " https://en.wikipedia.org/w/index.php?title=Bezirk&oldid=1252851365 " Category : Types of administrative division Hidden categories: Articles lacking sources from July 2019 All articles lacking sources Articles with short description Short description
1764-549: The actual decision is published; there are no concurring or dissenting opinions. In its modern form, the Austrian judiciary goes back to the March Constitution of 1849. Throughout the 18th and early 19th century, the Habsburgs had tried to rule as absolute monarchs , holding unrestricted power over their subjects with no constraints due to any kind of feudal social compact and with no interference from any of
1827-542: The administrative and judicial branches of government from interfering with each other. This peculiarity, established during the neo-absolutist years of the Habsburg monarchy, originally meant that subjects could not take bureaucrats to court or otherwise petition the courts to review the legality of administrative acts. The Constitution of 1920 fixes this problem by establishing the Administrative Court and
1890-472: The administrative court agrees with the complainant, it overrules the administration. If the administrative court does not, the complainant can escalate the matter to the Constitutional Court. If the Constitutional Court agrees with the complainant, it overrules the administrative court, prompting a retrial; it thus potentially also overrules the administration. Unlike the Supreme Court of Justice and
1953-405: The administrative court system reviews administrative acts, the Constitutional Court reviews legislative acts and judicial demarcation conflicts. The Constitutional Court ( Verfassungsgerichtshof or VfGH ) adjudicates on The Constitutional Court is the only court in Austria with the power of judicial review of legislation. The Austrian method of vesting all power to strike legislation in
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2016-820: The alleged victim. If the defendant is juvenile and the alleged crime is serious enough to warrant a panel, then at least one of the judges must be of the same sex as the defendant and at least one of the judges must be a present or former educator or competent social worker. If there is a jury, at least two of the jurors must be of the relevant sex and at least four must have the relevant job experience. Appeals of district courts decisions to regional courts are decided by three-judge panels: two professional judges and one expert lay judge in trials at mercantile law, three professional judges in all other civil matters and in all criminal cases. Routine company register decisions are made by single judges or by judicial clerks. Attached to every regional court dealing with criminal trials, there
2079-409: The appeal on facts and law against the verdict of the trial court, an appeal at law ( Revision in civil trials, Nichtigkeitsbeschwerde in criminal cases) can be filed against the verdict of the appellate court. In criminal cases, appeals at law that are not obviously frivolous are also handled in public hearings. A successful appeal at law not just overturns but completely erases the verdict of
2142-475: The appellate court, sending the case down the ladder again. Verdicts of trial courts − although not of appellate courts − that result from the trial court's application of an unconstitutional statute or an illegal ordinance can additionally be fought with extraordinary appeals at law to the Constitutional Court. The hierarchy of general courts has four levels: district, regional, higher regional, and supreme. For most cases, original jurisdiction lies with one of
2205-794: The backbone of the Austrian judiciary. There are four higher regional courts ( Oberlandesgerichte ). They are located in Graz , Innsbruck , Linz , and Vienna . Higher regional courts decide appeals on facts and law ( Berufungen ) in cases originally tried before regional courts. As a special case, the higher regional court in Vienna decides antitrust disputes. Trials before higher regional courts are bench trials decided by panels of either three or five judges: three professional judges and two expert lay judges in employment and social assistance cases, two professional judges and one expert lay judge in all other civil cases, and three professional judges in all criminal trials. Each higher regional court has
2268-490: The city's local government, including an assembly resulting from local elections and an own 'mayor' ( Bürgermeister ). In the German states of Hesse and Rhineland-Palatinate any municipality is authorized to implement Ortsbezirke with own advisory councils and local administrators. The state law in North Rhine-Westphalia commits the municipal administration of an independent city to subdivide
2331-416: The city's local government, including an assembly resulting from local elections and an own 'mayor' ( Bürgermeister ). In the German states of Hesse and Rhineland-Palatinate any municipality is authorized to implement Ortsbezirke with own advisory councils and local administrators. The state law in North Rhine-Westphalia commits the municipal administration of an independent city to subdivide
2394-490: The civil and criminal chambers set up as two separate courts, meaning that Graz and Vienna each have a civil regional court ( Landesgericht für Zivilrechtssachen ) and a criminal regional court ( Landesgericht für Strafrechtssachen ). Regional courts are responsible for In cases for which the regional court has original jurisdiction, the trial is usually a bench trial decided by a single professional judge, but there are several exceptions: In criminal trials, some effort
2457-448: The civil regional court. As an additional special case, the higher regional court in Vienna has original jurisdiction over antitrust cases. There are currently 115 district courts ( Bezirksgerichte ). Most judicial districts are coextensive with one of the country's 94 administrative districts , although there are exceptions. Some of the larger administrative districts are partitioned into two or more judicial districts. The extreme case
2520-462: The country's two largest cities by a wide margin − the two chambers of the regional court are actually two completely separate courts, housed in separate buildings. In Vienna, there is a third regional court for trials at mercantile law ( Handelsgericht ) and a fourth regional court for cases involving employment and social assistance law ( Arbeits- und Sozialgericht ). Normally, original jurisdiction over disputes in these areas of law would lie with
2583-435: The court produces appraisals of draft legislation presented to the National Council by the government . The court does not have a fixed number of justices; it consists of a president, a vice president, and as many additional members as Court and cabinet deem necessary and appropriate. As of the early 21st century, there are typically between fifty and sixty judges on the court. As of August 2018, there are 61. The court
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2646-647: The district courts; its decision can be appealed to the relevant regional court. Some cases are first tried before the regional court and can be appealed to the higher regional court. Higher regional courts and the Supreme Court do not have original jurisdiction; they exclusively hear appeals. One of the peculiarities of the Austrian judiciary is its strict organizational separation of civil and criminal justice. Courts are divided into civil and criminal chambers; judges spend their days trying either civil cases or criminal cases but never both. In Vienna and in Graz −
2709-527: The document as a whole was fairly short, one of its seven sections was a substantial bill of rights that was modern for the time. The appeasement failed to stem the crisis; Ferdinand had to abdicate. His successor, Franz Joseph succeeded in ending the protests by promulgating the March Constitution , a set of edicts that built on the Pillersdorf Constitution but included a number of additional concessions. The constitution established
2772-522: The event of a vacancy. In theory, the minister may appoint any Austrian legally qualified to sit the bench and not excluded by the constitution's rudimentary incompatibility provisions. In practice, the minister dependably picks one of the three candidates nominated by the court. The Supreme Court of Justice convenes in the Palace of Justice in Vienna . The Austrian model of separation of powers forbids
2835-550: The following types of administrative divisions : Stadtbezirk , a subdivision of a city in the sense of a borough (e.g. in Berlin , Hamburg or Vienna ), often again subdivided into several quarters and neighbourhoods . According to German Gemeindeordnung codes, the city council resolves upon the implementation by municipal by-law ( Satzung ). In some cities the Bezirke have limited powers delegated to them by
2898-446: The following types of administrative divisions : Stadtbezirk , a subdivision of a city in the sense of a borough (e.g. in Berlin , Hamburg or Vienna ), often again subdivided into several quarters and neighbourhoods . According to German Gemeindeordnung codes, the city council resolves upon the implementation by municipal by-law ( Satzung ). In some cities the Bezirke have limited powers delegated to them by
2961-417: The judiciary. Of the remaining fifteen panels, ten deal with civil cases and five with criminal trials. The responsibility for appointing justices is vested in the president , but the president can and usually does delegate this task to the minister of justice . The court maintains a special personnel committee ( German : Personalsenat ) that provides the minister with a shortlist of three candidates in
3024-445: The judiciary; panels of judges suggest candidates for benches with vacancies. There is no military justice in peacetime; members of the military are tried by the regular court system. Trials are oral and public. Civil trials are adversarial trials ( streitige Verfahren ). The court evaluates evidence brought before it by the parties to the trial but makes no attempt to uncover any additional evidence or otherwise investigate
3087-514: The matter itself. Criminal trials are inquisitorial trials ( Anklageverfahren ). The court is actively involved, questioning witnesses brought forward by the parties to the trials, summoning expert witnesses on its own initiative, and generally attempting to determine the truth. Most trials are bench trials, although the bench will often be a panel including one or more lay judges ( Schöffen ). Criminal defendants accused of political transgressions or of serious crimes with severe penalties have
3150-492: The municipal Kreise of Graubünden . The six Bezirke of Appenzell Innerrhoden are identically equal to municipalities. Historically the primary administrative divisions of East Germany from 1952 were called Bezirke . They were implemented by an administrative reform to supersede the East German federated states of Brandenburg , Mecklenburg , Saxony , Saxony-Anhalt and Thuringia . The capital East Berlin
3213-432: The municipal Kreise of Graubünden . The six Bezirke of Appenzell Innerrhoden are identically equal to municipalities. Historically the primary administrative divisions of East Germany from 1952 were called Bezirke . They were implemented by an administrative reform to supersede the East German federated states of Brandenburg , Mecklenburg , Saxony , Saxony-Anhalt and Thuringia . The capital East Berlin
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#17327717569733276-657: The national executive. The administration of justice in Austria is the sole responsibility of the federal government. Judges and prosecutors are recruited, trained, and employed by the Republic; courts hand down verdicts in the name of the Republic ( im Namen der Republik ). There is no such thing, for example, as an Austrian county court. The court system has two branches: Judges are independent . Appointments are for life; judges cannot be removed or reassigned without their consent. In courts with more than one judge − which
3339-476: The other two branches of government: the administrative court system reviews the legality of administrative acts; the Constitutional Court adjudicates on complaints regarding the constitutionality of statutes, the legality of ordinances, and the conduct of elected officials and political appointees in office. In addition to the court system proper, the judicial arm of Austrian state power includes
3402-500: The respective municipal governments. From the point of view of the judiciary of Austria , the country is subdivided into 115 judicial districts ( Gerichtsbezirke ), each corresponding to one of the country's 115 lowest-level trial courts. The Italian autonomous provinces of Trentino and South Tyrol , are divided into Bezirksgemeinschaften ( Italian : comunità comprensoriali ). The districts of Switzerland are called Bezirke in several cantons . In Switzerland as
3465-500: The respective municipal governments. From the point of view of the judiciary of Austria , the country is subdivided into 115 judicial districts ( Gerichtsbezirke ), each corresponding to one of the country's 115 lowest-level trial courts. The Italian autonomous provinces of Trentino and South Tyrol , are divided into Bezirksgemeinschaften ( Italian : comunità comprensoriali ). The districts of Switzerland are called Bezirke in several cantons . In Switzerland as
3528-459: The state prosecution service ( Staatsanwaltschaft ), the prisons ( Justizanstalten ) and the correctional officers' corps ( Justizwache ). Remand prisons for pre-trial detention or other types of non-correctional custody ( Polizeianhaltezentren ) belong to the executive branch . The judiciary is assisted by the Ministry of Justice ( Justizministerium ), a cabinet-level division of
3591-472: The trial court in cases involving certain senior judges and prosecutors, as an appeals court in cases involving lower-level judges and prosecutors, attorneys, and notaries. In addition to its adjudicative responsibilities, the court is charged with running the Republic's official public law library (the Zentralbibliothek ). On the request of the president of the court or the minister of justice ,
3654-440: The type of the statute, ordinance, or treaty, the court can often also be called upon by the national government, by regional governments, or by groups of national or regional legislators. Legislation can also be challenged by courts that are trying cases for whose outcome it is relevant. Legislation can further be challenged by one of the parties to the a trial, but only after the trial court has handed down its verdict and only if
3717-401: The urban area into Stadtbezirke . In Austria , the word Bezirk is used with different meanings in three different contexts: Some of the tasks of the administrative branch of the national and regional governments are fulfilled by the 95 district captaincies ( Bezirkshauptmannschaften , also translated as district administrative office ). The area a district administrative office
3780-401: The urban area into Stadtbezirke . In Austria , the word Bezirk is used with different meanings in three different contexts: Some of the tasks of the administrative branch of the national and regional governments are fulfilled by the 95 district captaincies ( Bezirkshauptmannschaften , also translated as district administrative office ). The area a district administrative office
3843-541: The verdict actually references the piece of legislation in question. Verdicts by administrative trial courts can additionally be challenged on the grounds that they violate the relevant party's constitutional rights in some other way. This possibility lets the Constitutional Court exercise judicial review not just of ordinances but also of individual-scope actions of the executive branch : A citizen who feels violated in their constitutional rights by an administrative decision or assessment files suit in an administrative court. If
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#17327717569733906-530: Was officially equated by resolution of the State Council of East Germany in 1961. Though legislative assemblies ( Bezirkstage ) and executive councils ( Räte ) existed, the Bezirke according to the top-down principle of democratic centralism enjoyed no autonomy nor any self-governing rights. They were abolished by law which the East German People's Chamber passed in 1990 on the eve of
3969-399: Was officially equated by resolution of the State Council of East Germany in 1961. Though legislative assemblies ( Bezirkstage ) and executive councils ( Räte ) existed, the Bezirke according to the top-down principle of democratic centralism enjoyed no autonomy nor any self-governing rights. They were abolished by law which the East German People's Chamber passed in 1990 on the eve of
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