Austrian Legal System and Administration: Courts, Procedure and Public Bodies
Austria follows civil law with a hierarchy of courts. Ordinary courts handle civil and criminal matters, headed by the Supreme Court (Oberster Gerichtshof, OGH). Public law disputes go to the Constitutional Court (VfGH) and the Administrative Court (VwGH), with a Federal Administrative Court and state administrative courts below. Criminal procedure is inquisitorial, with a public prosecutor and investigating judges; lay Schöffen participate in serious cases.
Administration is organised federally and at state and municipal level. The Bezirkshauptmannschaft is the district administrative authority; the Landeshauptmann heads the state government. The ombudsman board (Volksanwaltschaft) oversees public administration, and the Court of Audit (Rechnungshof) audits public finances. The legal profession includes Notare (notaries, with reserved functions such as certain property and inheritance matters) and Rechtsanwälte (lawyers).
Traps: mixing the three supreme courts - OGH (civil/criminal), VwGH (administration), VfGH (constitution); assuming Austria has a jury system identical to common-law countries; and confusing the Volksanwaltschaft with a court. Another trap is thinking notaries and lawyers have identical roles.
Rule of thumb: identify the type of dispute first - constitutional, administrative, or civil/criminal - then name the court.
Worked example: "A citizen claims a tax office decision was unlawful." This is an administrative matter: appeal within the administrative court system, with the VwGH as the final instance, not the OGH.