Austria
Courts in Austria
Three co-equal apex courts — the Supreme Court of Justice, the Constitutional Court and the Supreme Administrative Court — none superior to the others.
Facts on this page were checked against their sources on .
The ordinary courts hear civil and criminal cases through four tiers: district courts (Bezirksgerichte), regional courts (Landesgerichte), higher regional courts (Oberlandesgerichte), and at the apex the Supreme Court of Justice (Oberster Gerichtshof), "the highest instance in civil and criminal matters" (Article 92(1)). Lay participation is constitutionally required: the justice ministry states that the constitution provides for it in Article 91, and that lay adjudication is part of the democratic basic principle of the Austrian constitution. Jurors (Geschworene) sit for the gravest offences — those carrying life imprisonment, or a lower limit above five years and an upper limit above ten — and lay assessors (Schöffen) sit with a professional judge where the offence carries more than five years.
The same idea, explained generally
- What do courts do?
Courts resolve disputes, test the state’s case against individuals, interpret law, and review public decisions. This guide explains those functions and why judicial independence is structural.
- What is due process?
Due process is the requirement that the state follow fair, established procedures before it takes action against a person. This guide explains what it typically includes and how it differs between systems.
Sources
Sources
Federal Constitutional Law of Austria (Bundes-Verfassungsgesetz, B-VG), consolidated
Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt (Austria) · Legislation · 1930 · link verified 2026-07-26
The consolidated Austrian Federal Constitutional Law in the official legal-information system of the Federation (RIS). Individual articles were fetched at their ELI addresses and confirmed verbatim in two independent passes. Supports Art. 10(1) Z 6 and Z 7 (civil and criminal law, the administration of justice, protective institutions, and the security police — except the local security police — are FEDERAL matters of both legislation and execution); Art. 78a(1) and 78b(1) (the Federal Minister of the Interior is the supreme security authority; one Landespolizeidirektion per Land, subordinate to that Minister — federal authorities, not Land police forces); Art. 82(1) ("Die ordentliche Gerichtsbarkeit geht vom Bund aus" — ordinary jurisdiction emanates from the Federation), reworded to "ordentliche" with effect from 1 January 2014 by the 2012 administrative-jurisdiction reform; Art. 87(1) (judges independent); Art. 90a (public prosecutors as organs of the ordinary judiciary, bound by instructions as provided by federal law); Art. 92(1) (the Oberster Gerichtshof is the highest instance in civil and criminal matters); Art. 129/133 (the administrative courts and the Verwaltungsgerichtshof); Art. 144 (the Verfassungsgerichtshof); and Art. 148a (the Volksanwaltschaft handles complaints of maladministration in federal administration).
Oberster Gerichtshof (Supreme Court of Justice of Austria) — official site (English)
Oberster Gerichtshof (Austria) · Government publication · link verified 2026-07-26
The Supreme Court of Justice's own English-language site, read directly and re-confirmed. Supports that the OGH is "one of three judicial bodies charged with final appellate jurisdiction … These three Courts are hierarchically on the same level, there being no superiority or subordination between them" — establishing that Austria has three co-equal apex courts (the Oberster Gerichtshof for ordinary civil and criminal matters, the Verfassungsgerichtshof for constitutional matters, and the Verwaltungsgerichtshof for administrative matters), none superior to the others.