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The role of judge in Austrian reformed administrative justice

Publication at Faculty of Law |
2022

Abstract

he comprehensive reform of the Austrian administrative justice system in 2022 brought a completely new twotier system of administrative courts. With the new organisation of the administrative justice system, the procedural law has also undergone fundamental changes, with the abolition of the appeal phase of the administrative proce dure and the introduction of the principle of reformation in the decisionmaking of the administrative courts.

In the context of this reorganisation, there was a need to redefine the concept and position of an administrative court judge. The latter now enjoys constitu tional qualities in terms of the principles on the independence of the judiciary.

The con ditions for appointment to the post differ in many ways from those applicable to judges of ordinary courts. It is therefore possible to thing about a special status for administrative judges in Austria.

The current Austrian system invites reflection on the shortcomings of the Czech regulation of the status of judges and the possibilities of solving them.