Concept and Nature of the Administrative Court of Appeal
The Administrative Court of Appeal (abbreviated as VGH) is a higher court within administrative jurisdiction with vital importance for the oversight of public administration by independent judicial bodies. In Germany, Austria, and other countries with continental European legal traditions, the term “Verwaltungsgerichtshof” refers to either the highest or a higher instance within the administrative judiciary. The VGH constitutes an essential pillar of the separation of powers and ensures legal protection in conflicts between citizensand governmental authorities.
Administrative Court of Appeal in the German Legal System
Position within the German Judicial System
In Germany, the Administrative Court of Appeal functions as the higher instance in several federal states, namely Baden-Württemberg, Bavaria, and Hesse, which use this term instead of ‘Oberverwaltungsgericht’. In all other federal states, the court at this level is called Oberverwaltungsgericht (OVG). Above the Administrative Courts of Appeal or Higher Administrative Courts stands the Federal Administrative Court, which acts as the highest instance of administrative jurisdiction.
Structure of the Administrative Judiciary
The administrative judiciary in Germany is structured in three tiers:
- Administrative Courts (first instance)
- Higher Administrative Courts / Administrative Courts of Appeal (second instance)
- Federal Administrative Court (third instance)
Tasks and Jurisdiction
The Administrative Court of Appeal is particularly responsible for appeals and complaints against judgments and decisions of the administrative courts. In addition to examining the factual and legal aspects of first-instance decisions, the VGH also rules on applications for interim relief, in norm control procedures, and in other special legal disputes concerning administrative law.
Typical Proceedings
- Appeals on the merits following a judgment of an administrative court
- Complaints against interim decisions of the administrative courts
- Norm control proceedings pursuant to § 47 VwGO (Administrative Court Procedure Act) concerning the validity of legal provisions, in particular municipal by-laws and state regulations
- Organization and Supervision of the State’s Administrative Courts
Structure and Composition
The Administrative Courts of Appeal are collegial bodies. Presiding judges, associate judges, and in many proceedings also honorary judgesparticipate in rendering judgments. The internal organization consists of panels or chambers specializing in particular fields, such as construction law, immigration law, disciplinary law, or municipal law.
Administrative Court of Appeal in the Austrian Legal System
Authority Structure and Historical Development
In Austria, the Administrative Court of Appeal (VwGH) is the highest court in administrative matters. Until the administrative judiciary reform of 2014, the VwGH was the only judicial instance in administrative cases. Since 2014, new administrative courts of the states and the federal government provide first-instance legal protection. The Austrian VwGH now rules exclusively on appeals against their decisions and thus functions solely as a court of appeal.
Areas of Responsibility and Powers
The Administrative Court of Appeal protects individuals against unlawful administrative acts and ensures the supervision of public administration. The main duties of the Austrian VwGH include deciding on appeals against findings and orders of the administrative courts as well as addressing legal questions of fundamental significance.
Proceedings before the Administrative Court of Appeal
The Austrian VwGH examines whether the contested decision is based on a violation of statute law and may annul, amend, or direct the administrative action in question. Access to the VwGH generally—with certain exceptions—requires the existence of a ‘fundamental legal question’ (see Art 133 B-VG).
Relation to Other Courts
The Administrative Court of Appeal stands alongside the Constitutional Court (VfGH), which decides on violations of constitutional law. This division of duties ensures effective oversight of both regular and constitutional law.
Legal Bases and Procedural Law
Germany – Administrative Court Procedure Act (VwGO)
In German law, the Administrative Court Procedure Act (VwGO) is the key statute governing the structure, jurisdiction, and procedures before the Administrative Court of Appeal. It defines judicial instances, provides for the possibility of appealing first-instance judgments, and regulates further remedies and procedural matters.
Relevant Legal Excerpts
- § 45 VwGO: Appeal to the Administrative Court of Appeal
- § 47 VwGO: Norm Control Proceedings before the VGH
- § 49 VwGO: Service of Judgments
- § 130 VwGO: Composition of Divisions
Austria – Administrative Court of Appeal Act (VwGG)
The Administrative Court of Appeal Act 1985 (VwGG) forms the basis for proceedings in Austria. It regulates, among other things, access to the VwGH, appeals, and procedural rules.
Significance and Function in Legal Protection
The Administrative Court of Appeal ensures comprehensive judicial protection against actions and omissions of public administration. Its activity ensures that administrative decisions are in accordance with statutes and case law. It thus fulfills a central oversight function in the legal system and protects the rights of citizens as well as the objective legality of administrative action.
Impact on Legal Development
The decisions of the Administrative Court of Appeal impact administrative practice and lower courts alike, shaping the interpretation of administrative law decisively. They provide guidance for authorities and serve as a corrective to faulty or unlawful administrative actions.
Particularities and Distinctions
Difference from the Constitutional Court
In contrast to the Administrative Court of Appeal, which provides legal protection in general administrative matters, the Constitutional Court specializes in monitoring compliance with the constitution. While the VGH reviews laws and regulations, the Constitutional Court decides on the protection of fundamental rights, illegality of statutes, and the competencies of state bodies.
International and Supranational Requirements
In its work, the Administrative Court of Appeal observes fundamental rights from national constitutions as well as international agreements (e.g., European Convention on Human Rights, EU Charter of Fundamental Rights). In particular, it guarantees effective legal protection within the meaning of Article 19(4) Basic Law (Germany) or Article 130 Federal Constitutional Law (Austria).
Literature and Further Information
For in-depth information and current case law, the official websites of the Administrative Courts of Appeal and case law databases offer extensive resources. Legal texts and commentaries provide a detailed insight into the structure, procedures, and significance of the Administrative Court of Appeal.
See also:
- Administrative Judiciary
- Federal Administrative Court (Germany)
- <a href="https://de.wikipedia.org/wiki/Verwaltungsgerichtshof(%C3%96sterreich”>Administrative Court of Appeal (Austria))
- <a href="https://de.wikipedia.org/wiki/Verfassungsgerichtshof(%C3%96sterreich”>Constitutional Court (Austria))
Frequently Asked Questions
How does the procedure before the Administrative Court of Appeal proceed?
Proceedings before the Administrative Court of Appeal (VwGH) typically begin with the submission of an extraordinary appeal or an application for a ruling on a fundamental legal question. Upon receipt of the submission, the VwGH first examines whether the admissibility requirements are met, including in particular a violation of federal law or state law that the Federal Constitutional Law generally assigns to the VwGH. The procedure is generally written, but may, in special cases, also be conducted orally. Parties may file submissions and respond to arguments made. The Administrative Court of Appeal examines only legal questions; fact-finding or evidence-taking generally does not occur. The decision—after reviewing the case file and any statements—is issued as a judgment or an order and is published with a detailed statement of legal reasoning. No further ordinary legal remedy is admissible against decisions of the VwGH; in special exceptional cases, a constitutional complaint may be possible.
Who is entitled to file an appeal to the Administrative Court of Appeal?
In principle, only parties who participated in the proceedings before the preceding administrative court and claim to have had their rights violated by its decision are entitled to submit an appeal to the Administrative Court of Appeal. The same applies to co-participating parties, provided they allege that they are directly aggrieved by the contested decision. Furthermore, an appeal requires that no ordinary appeal was admitted by the administrative court because no legal question of fundamental importance required an answer. The appeal must be filed in writing within six weeks of service of the administrative court decision. Legal representation is required except in simple administrative penalty proceedings and certain social welfare cases.
Which deadlines are relevant in proceedings before the Administrative Court of Appeal?
The most important deadlines in proceedings before the VwGH concern the filing of an extraordinary appeal or an application to set a deadline. The appeal must be filed within six weeks of service of the administrative court’s decision. Failure to meet this deadline is in principle irreparable, meaning that if this time limit is not observed, the appeal will be dismissed as late. Other significant deadlines apply to applications for reinstatement into the previous status, which must also be filed within two weeks of the obstacle ceasing to exist. During the proceedings, the VwGH may also set further deadlines for submissions, non-compliance with which can result in consequences up to a default judgment.
What powers of review does the Administrative Court of Appeal possess?
The Administrative Court of Appeal exclusively reviews the legal correctness of decisions made by the administrative courts. Its supervisory authority is limited to violations of current federal or state law and to whether the administrative court based its decision on an incorrect legal assessment or a significant procedural error. However, the VwGH is not a court of facts; it does not review the establishment of facts, but restricts itself to oversight of the application of law. Any discretionary decisions of the administrative court are reviewed only to determine whether the discretion was lawfully exercised within the framework of the statute.
What role do parties and participants play in proceedings before the Administrative Court of Appeal?
In proceedings before the Administrative Court of Appeal, not only the appellants (usually the party challenging the administrative court’s decision) but also the other parties from the preliminary proceedings are participants. They are entitled to submit briefs, make statements, and file applications insofar as their rights are affected. Particularly important is the role of the interested authority, which regularly comments on the appeal and must supply the records. Participation in the proceedings upholds the principle of the right to be heard, which must be observed throughout the administrative legal procedure.
What is the legal effect of decisions by the Administrative Court of Appeal?
The decisions of the VwGH generally bind only the parties involved, meaning that they acquire binding force only between the parties to the proceedings. The rulings and orders bind both the parties and the originally deciding administrative authority with respect to the determined subject matter. However, these decisions do not have the force of law and do not create binding precedent for other cases. The scope and effect of a decision result from the operative part (tenor) and the grounds for the decision. Insofar as the VwGH clarifies general legal questions, its case law nevertheless serves as a factual model for administrative authorities and lower courts.
Can a decision of the Administrative Court of Appeal be contested?
Ordinarily, no further legal remedy is permitted against judgments and orders of the Administrative Court of Appeal. Only in exceptional cases—especially if constitutionally guaranteed rights such as the right to a hearing before the lawful judge might have been violated—a complaint to the Constitutional Court (VfGH) may be possible. The requirements for such a complaint are, however, restrictive; it is particularly not admissible if only regular statutory law or the application of ordinary procedural law is challenged. In certain cases, an individual complaint to the European Court of Human Rights may also be possible, provided a violation of the European Convention on Human Rights is alleged.
