Austria

Legal tradition

Austria belongs to the civil law tradition. A civil-law federation whose private law still rests on the ABGB of 1811, one of the oldest codes in continuous force. Austria is the birthplace of the centralised model of constitutional review: Hans Kelsen designed the 1920 Constitution around a dedicated Constitutional Court, and the design was copied across Europe and beyond. Administrative justice was rebuilt into a two-tier court system in 2014.

How power is divided

Nine Länder hold their own constitutions, parliaments and governments, but the federation retains far more legislative power than in Germany or Switzerland; much Länder activity is administering federal law (mittelbare Bundesverwaltung). Three separate high courts sit at the apex, for constitutional, administrative and ordinary matters respectively.

Where law comes from

Constitutional law

The B-VG plus a large number of separate constitutional acts and provisions.

EU law

Directly applicable since accession in 1995 and takes precedence over conflicting domestic law.

Federal statutes

Voted by the Nationalrat, with the Bundesrat holding only a suspensive veto.

Länder statutes

Landesgesetze within the competences reserved to the nine Länder.

Codes

ABGB (1811) for private law, StGB for crime, plus the commercial and procedural codes.

Ordinances

Verordnungen issued under statutory authority; annullable by the Constitutional Court.

The legal profession

A Rechtsanwalt qualifies through a law degree, five years of practical training including at least three in a law firm and some months at court, and the bar examination. Admission is via the regional bar chambers under the umbrella of the Österreichischer Rechtsanwaltskammertag. Notaries are a separate profession with appointments limited in number.