After successful completion of the course, students are able to describe and explain the basic structures of Austrian administrative procedural law, Austrian administrative jurisdiction and the legal protection system of public law. Students are able to explain and present the essential features of investigation and decision-making processes within public administration on the basis of concrete case studies, especially from the fields of planning, plant and environmental law. They are able to apply the theoretical basics independently and to recognise and correctly classify aspects of administrative procedure law in practical examples. They have acquired the necessary basic knowledge so that they are able to actively participate in a profound discussion on these topics.
In a democratically legitimised state governed by the rule of law, decisions by the state administration require a legal framework that not only contains the substantive rules to be applied (substantive law), but also precisely defines the parameters and procedural principles according to which such decisions are to be made by the executive. This is ensured by the norms of administrative procedural law, which establishes fundamental rules for the actions of public authorities - be it, for example, in the course of a building permit or the approval of far-reaching infrastructure projects. If these principles are violated by administrative action, the legal protection system of public law guarantees that these deficiencies are made available for review and, if necessary, corrected.
The course focuses on various legal issues with a view to the general and constitutionally relevant principles of official action, questions of competence (competence of authorities), the investigation procedure, the legal protection system of public law and the supreme courts of public law (incl. ECJ and ECtHR).
Communication with authorities as well as legal possibilities of participation (as a party) and participation (in the process of enacting zoning plans) are dealt with. Special attention is also paid to the framework conditions for public participation in environmental matters, which ensure that the interests of civil society are adequately taken into account in executive decision-making processes.
The procedural aspects are dealt with by means of practical examples based on the following material laws: Spatial Planning Law, Building Law, Plant Law, Strategic Environmental Assessment and Environmental Impact Assessment, Nature Conservation Law, Forestry Law and Water Law.
The subject matter is taught in lectures and, at the same time, the students prepare for the lectures by working independently on concrete case studies and legal questions. During the lectures, the solution to the case is discussed in detail using the relevant legal texts.
