Unabhängiger Verwaltungssenat
des Landes Oberösterreich
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FAQs

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What is the address of the Independent Administrative Tribunal for the Federal Province of Upper Austria?

Unabhängiger Verwaltungssenat des Landes Oberösterreich
Fabrikstraße 32
4021 Linz - icon link to PDF documentMap

Telephone (+ 43 732) 70 75-0
Central Information (+43 732) 70 75-180 04
Fax (+43 732) 70 75-21 80 18
e-mail: post@uvs-ooe.gv.at

Geographical co-ordinates (WGS84):
Latitude (North) 48° 18'35,30''
Longitude (East) 14° 17'40,32'''

 

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How do you get to the Independent Administrative Tribunal for the Federal Province of Upper Austria?

If you wish to visit the Independent Administrative Tribunal for Upper Austria in person - perhaps because you want to hand an application in personally or because you want to attend a public hearing – the easiest way of getting to us is by public transport, Linz AG routes 12, 25 (get off at Parkbad), 26 (get off at the Brucknerhaus) and 27 (get off at Lüfteneggerstrasse).

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Why were the Independent Administrative Tribunals convened?

The UVSs were primarily convened in order to ensure that administrative law is executed in accordance with Art 6 of the European Convention on Human Rights. According to Art 6 of the ECHR an independent tribunal should adjudicate in criminal cases and civil proceedings, and it provides for a minimum level of rights for the accused in criminal cases.

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What is the main task of the Independent Administrative Tribunal for the Federal Province of Upper Austria?

According to Art 129 of the Federal Constitution Act, the Independent Administrative Tribunals of the federal provinces (UVSs) are convened in order "to ensure the lawfulness of the entire public administration", a function which they fulfil together with the Asylum Court (Asylgerichtshof) and the Adminstrative Court (Verwaltungsgerichtshof) in Vienna.

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How does one gain recourse to the Independent Administrative Tribunal?

In general appeals are made by the first instance authorities. Other applications can be made by post or in person in the business offices of the Independent Administrative Tribunal for Upper Austria. The business offices are open Monday to Friday from 8am to 12pm.

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What happens once my application has reached the Independent Administrative Tribunal for the Federal Province of Upper Austria?

The Independent Administrative Tribunal must process every application that it receives. The President allocates the case to a member or chamber of the Independent Administrative Tribunal for Upper Austria. There is a fixed allocation of duties. If the application is deficient, a request to improve the application will be issued. If necessary, preliminary proceedings will be held. In this case any opponents to the application, such as the authorities in question, will be given the opportunity to respond to the accusations made in the application. Additionally the members will be able to request materials (such as files). There are, however, also cases where no preliminary proceedings are required, for example because the facts of the case are not disputed. If the information obtained during the preliminary proceedings do not suffice for the member, or if an application for a public in-person hearing is made, a public hearing will also be held. At the end of the public in-person hearing the decision will either be delivered orally, with a written copy being provided upon application by the parties involved, or the member or chamber of the tribunal will reach its decision at a later date, in which case the decision will be delivered to you.

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Who adjudicates on appeals and complaints?

Decisions are reached either by a single member, or by a chamber consisting of three members. Which appeals and which complaints are heard by which member or chamber is determined by the legal basis or the allocation of duties. The allocation of duties is agreed annually by the General Assembly, comprising all members of the Independent Administrative Tribunal for Upper Austria.

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Can I just turn up to a public hearing?

Court hearings before the Independent Administrative Tribunal are public; only in exceptional cases can the public be excluded from a court hearing. Therefore, any interested party may attend a hearing, provided that there is sufficient seating available. However, neither film, sound nor TV recordings are allowed. Whether any and if so what hearings are scheduled is posted on the official notice board of the Independent Administrative Tribunal for Upper Austria. Large groups are asked to contact us before the hearing on +43 732/7720 - 155 85.

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Who are the parties in proceedings before the Independent Administrative Tribunal?

The person who appeals against a decision made by a local authority, for example against a penal order, is the "appellant".
The "complainant" is the person who claims to have suffered a violation of his rights as a result of the authorities exercising their power of command and execution. The "relevant authority" is the federal, province, local or other public authority which issued the contested ruling or implemented the contested measures. Additionally other "affected parties" (for example in award-of-contract proceedings) can also be involved in the proceedings. The appellant/ complainant and the relevant authorities have equal status before the Independent Administrative Tribunal.

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What difference does it make whether a complaint is disallowed or rejected?

A complaint will be disallowed if it is inadmissible. In this case it has been shown that the formal requirements (such as the right to lodge a complaint) have not been met or that the period for doing so has already expired. In such cases there is no discussion of the facts in the Independent Administrative Tribunal.
 
It is different if the complaint is rejected: in this case the formal requirements were met, but the proceedings have proven that the facts show the complaint to be unfounded.

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Can I appeal against a decision by the Independent Administrative Tribunal?

No appeal against decisions by the UVS is permitted. However, within six weeks of the decision being delivered, a complaint can be filed with the Administrative Court (Verwaltungsgerichtshof) and/or the Constitutional Court (Verfassungsgerichtshof). The complaint must – other than in the case of certain legally defined exceptions – be filed by an authorised attorney. For every such complaint a submission fee of 220 Euro is payable.

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How can the authenticity of the certificate of the official signature of the UVS for Upper Austria be verified?

In order that all stages of the proceedings may be documented electronically, the UVS for Upper Austria affixes an official signature to all its dispatches. This indicates clearly that this is an official written communication from the designated office.
 
The official signature enables the recipient to verify the origin of the document and its consistency with a copy which is retained by the issuer.
 
The official signature is composed of

In accordance with § 19 para. 3 E-Government-Gesetz (E-GovG) a protected illustration of the figurative mark can be seen on this Homepage under Contact > Official Signature:

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