What are the basic principles of tailoring

Principles

Right to be brought before the legal court

The Austrian Federal Constitutional Law (Article 83, Paragraph 2 of the Federal Constitutional Law) gives everyone the right to a procedure before the legal judge. According to factual and local criteria (e.g. the defendant's place of residence), the law determines which court is competent to decide a specific matter. Within the competent court, the so-called division of business according to objective and factual criteria determines which judge will deal with the case. This division of responsibilities is determined in advance by a senate of judges for one year in advance. This procedure excludes irrelevant influences on the selection of the judge specifically responsible for the individual case.

Decisions can be challenged in the appeal process

The ordinary courts are organized in several stages. In exercising the judicial office, the judge is independent, free of instructions and only bound by the legal system when making decisions. Our law ensures that everyone can trust the courts. In principle, court decisions can be challenged with legal remedies. Legal remedies are, for example, appeal, appeal or complaint. In principle, the higher level court decides on legal remedies. In civil matters, a further appeal to the Supreme Court is provided against the decision of the appellate court under certain conditions. In criminal matters, only a two-tier instance is generally set up. The full exhaustion of all legal remedies can lead to a substantial extension of a procedure; However, this must be accepted in the interests of the correctness of the decisions.

In addition to decisions by professional judges, the Austrian Federal Constitution also provides for the participation of the people in the judiciary. In criminal cases, for example, lay judges' courts decide if the maximum punishment threat exceeds five years. Jury courts are responsible for crimes that are threatened with life imprisonment or a prison sentence with a lower limit of at least five years and an upper limit of more than ten years (e.g. murder), and for political offenses (e.g. criminal acts after the Prohibition Act by National Socialist Revocation). In the area of ​​civil law, lay judges are active in labor and social law matters as well as in commercial matters; they decide together with professional judges in senates.