УТВОРЕННЯ ТА ФУНКЦІОНУВАННЯ ДЕРЖАВНОГО ТРИБУНАЛУ АВСТРІЇ (1867–1918 РОКІВ)

Abstract

The process of formation of the Austrian judicial system on the basis of the Basic Constitutional Laws «On the Judiciary» and «On the Establishment of the State Tribunal» of December 21, 1867, is considered. The order of formation and functioning of the State Tribunal of Austria during 1867–1918 is studied. The functions, powers of the State Tribunal and the procedure for considering court cases are analyzed. The main attention is paid to the analysis of the formation of the professional composition of the State Tribunal of Austria. In particular, it is found that under § 1 of the Basic Constitutional Law «On the Establishment of the State Tribunal» the purpose of this body was to resolve disputes with various branches of government and local government, claims of provinces, legal entities and individuals to kingdoms, regions as well as the state as a whole, if such claims did not fall within the competence of courts of general jurisdiction, citizens' complaints about the violation of their constitutional rights, after consideration of these complaints in an administrative manner. The members of the State Tribunal were highly educated and highly professional persons of Austria at that time. About one-fifth of the members of the State Tribunal were law professors who worked at the universities of Vienna, Prague, Krakow, as well as Lviv. Judges and lawyers had a strong representation in the State Tribunal. The State Tribunal made the final decision in cases between the judiciary and the public authorities as to whose jurisdiction these powers belonged to. It consisted of a president, a vice-president, 12 permanent members and 4 deputies, appointed for life by the Austrian emperor from among the candidates recommended by the Chamber of Deputies and the House of Lords (Reichsrat/Council of State). Positions at the State Tribunal were considered honorable among Austrian civil servants and lawyers. Meetings of the State Tribunal were held every three months and their beginning was reported in the national newspapers. The Austrian judicial system operated on the basis of the Constitution of 1867. It provided for the functioning of the courts of general jurisdiction, Administrative and State Tribunals. The establishment of the State Tribunal gave the right to additional protection of the constitutional rights of citizens in case of abuse of public authorities or their officials.