Dzikovskyi M. Тhe legal bases of the organization and the activity of the Austrian Administration Tribunal (1875-1918): historical and legal research

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100969

Applicant for

Specialization

  • 081 - Право. Право

12-10-2022

Specialized Academic Board

ДФ 35.051.075

Ivan Franko National University of Lviv

Essay

In the dissertation on the basis of the analysis of the Constitution of Austria of 1867 year laws and bylaws, archival materials and scientific literature examined the preconditions for the formation, structure and jurisdiction of the Administrative Tribunal of Austria (1875–1918). The use of conceptual approaches in the dissertation, in particular dialectical, civilizational, and hermeneutic, is argued. The Austrian Constitution of 1867 provided provisions for reforming and functioning of the Austrian judicial system. It is proved that the basic constitutional laws of Austria of December 21, 1867 provided for the reform of the system of courts of general jurisdiction and the establishment of the State Tribunal as a court of higher instance for public law disputes and provided for the establishment of the Administrative Tribunal. It is established that the author of the bill «On the Administrative Tribunal» was a well-known Austrian lawyer Karl Lemayer. The process of adopting the law «On the Administrative Tribunal» in the Chamber of Deputies and the House of Lords of the Reichsrat (State Council) of Austria and the signing of the law by the Austrian emperor and its official promulgation is shown. The structure of the Administrative Tribunal of Austria is covered, which since 1876, included the President of the Administrative Tribunal, the Vice-President and 12 members. From 1894 the Administrative Tribunal position of the Second Vice-President was added. In 1876 The Administrative Tribunal 9 considered 300 cases, and in 1918 already 4,000 cases. Due to the significant increase in cases, the composition of the Administrative Tribunal in 1918 increased to 49 judges. Judges of the Administrative Tribunal were elected deputies of the House of Lords and the Chamber of Deputies of the Council of State and were appointed by the Austrian emperor. Judges were high-ranking civil servants, professional judges and attorneys, and legal scholars. It has been established that in 1907 a draft law on the creation of the Regional Administrative Tribunal was prepared in Halychyna, and the authors of this bill were S. Stazhynskyi, a professor at the Faculty of Law of the Lviv University, and his student and employee Z. Prohvitskyi. This draft law structurally consisted of 51 articles and its purpose was the formation of the Regional Administrative Tribunal in Galicia, which was to become a court of first instance for consideration of administrative cases. The author analyzed the content of the draft law «On the Administrative Tribunal» and showed that in 1914 this draft law was not adopted by the Galician Regional Diet, and the idea of functioning of the Regional Administrative Tribunal in the Kingdom of Galicia and Volodomeria during the period of stay of Ukrainian and Polish lands as part of Austria-Hungary was not implemented. It was found that the jurisdiction of the Administrative Tribunal was determined by the Austrian Constitution of 1867 and the Law «On the Administrative Tribunal» of 1875. Following cases were released from the jurisdiction of the Administrative Tribunal: 1) falling within the jurisdiction of other Austrian courts 2) cases concerning the powers of the joint authorities of Austria-Hungary 3) exclusive jurisdiction of the Austrian public authorities were released from the jurisdiction of the Administrative Tribunal; 4) cases that were considered by a mixed composition of courts of different jurisdictions and public authorities; 5) disciplinary cases of public authority employees etc. These included national commissions for the purchase of land and the regulation of land relations. It is shown that in case of jurisdictional disputes between the State Tribunal and the Administrative Tribunal, a mixed Senate was created, which included four representatives from each of the higher courts of public law. The chairman of this mixed senate was the president of the State 10 Tribunal. The Administrative Tribunal could consider complaints after considering them in all statutory administrative instances. An appeal to the Administrative Tribunal could be lodged within 60 days of the decision of the public authority authorized to hear the case in the last administrative instance. Decisions of the Administrative Tribunal were made on behalf of the Austrian emperor. It was established that based on the court decisions of the Administrative Tribunal, the Council of Ministers of Austria adopted an instruction that regulated the administrative procedure in Austria. The main number of cases considered by the Administrative Tribunal consisted of cases in which the decisions of local selfgovernment bodies, election cases and religious cases were annulled. The author showed that after the amendment law «On the Administrative Tribunal» the judicial process in the Administrative Tribunal was simplified. It has been proven that a significant number of court cases were from Western Ukrainian lands.

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