Austria
The justice system of Austria
A federation whose justice functions are all federal: ordinary jurisdiction emanates from the Federation, and three co-equal apex courts sit at the top.
Facts on this page were checked against their sources on .
Austria is a parliamentary federal republic with a civil-law tradition. The Constitution assigns civil law, criminal law, the administration of justice and the protective institutions to the Federation (Article 10(1) Z 6), and the security police to the Federation save for the local security police (Z 7). Judges are independent in the exercise of their office (Article 87(1)), and ordinary jurisdiction "emanates from the Federation" (Article 82(1)).
The same idea, explained generally
- What is justice?
Justice is the principle that people should be treated according to rules that apply equally to everyone, decided by bodies that are authorised, constrained, and answerable. This guide explains what that means institutionally.
- What is the rule of law?
The rule of law is the principle that everyone, including the government, is subject to law that is public, applied equally, and interpreted by independent courts. This guide explains what it requires and what it does not.
- 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.
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).