Austrian judicial system of 1867

Keywords: the Austrian Constitution of 1867, the judicial system, the State Tribunal, regional courts, district courts

Abstract

The article examines the Austrian judicial system formed on the basis of the Basic Constitutional Law of Austria on Judicial
Power of December 27, 1867, requirements for individuals who wanted to become judges.
The judge could be any male Austrian citizen who had a university degree in law and practical experience of at least three years,
successfully passed the written and oral exams. Examination commissions were set up annually by the Minister of Justice at each higher
regional court. They included law professors and skilled practitioners. Thus, the professionalism of judges was ensured.
Judges were appointed for life by the emperor or relevant officials on his behalf. At the time of their appointment, they took an
official oath and an oath to strictly abide by the constitution and laws of Austria-Hungary. All decisions were made on behalf of the
emperor. Judges were recognized as free and independent in their decisions. In 1908, in Eastern Galicia, 63.8 % of judges were of Polish
nationality and 31.8 % were Ukrainians. From 1870 in Eastern Galicia there was one higher legal court in Lviv and 5 district judges,
and from the beginning of the XX century 10 district judges.
The functions and powers of the Supreme Judicial and Cassation Tribunal in Vienna (the State Tribunal), which was the highest
court in Austria, are highlighted. The competence of cases in which the State Tribunal made decisions as a court of first instance and
the procedure for their consideration are analyzed. The procedure of formation of the composition of the State Tribunal is covered.
Along with the State Tribunal, the Administrative Tribunal was functioning in Austria, created on the basis of the law adopted by
the Austrian Parliament in 1875. The structure, powers and functions of the High Regional Courts, District Courts and County Courts
are analyzed. The peculiarities of the functioning of the Austrian judicial system in Galicia in 1867–1918 are highlighted.

Published
2020-11-10
How to Cite
Dzikovskiy, M. (2020). Austrian judicial system of 1867. Law Review of Kyiv University of Law, 1(3), 60-64. https://doi.org/10.36695/2219-5521.3.2020.09
Section
State and law theory and history. Philosophy of law