Judicial Independence and the Three Highest Courts in Austria

Abstract

It is self-evident that judicial independence is one of the main characteristics of the Austrian procedural law, being laid down in Art. 87 of the Austrian Federal Constitutional Act. This chapter discusses the Austrian court system with an emphasis on the independence criterion and the three Highest Courts in Austria. Art. 6 European Convention on Human Rights (ECHR) inter alia provides for the impartiality of a tribunal deciding on civil rights and obligations. The current version of the Austrian Federal Constitutional Act provides for three different and equal highest courts: the Constitutional Court, the Administrative Court and the Supreme Court. The Austrian Supreme Court is responsible for safeguarding legal uniformity, legal certainty and the development of the law in criminal and civil matters. Decisions of the three highest courts are final and binding and are not subject to review by any other Austrian court. Keywords: Administrative Court; Austrian Supreme Court; Constitutional Court; European Convention on Human Rights (ECHR); judicial independence