©2020 Dr. Rainer Hable

CJEU

Litigation

The Court of Justice of the European Union (CJEU) is the highest judicial body in the EU. It ensures that that in the interpretation and application of the Treaties the law is observed.

 

Recipients of decisions of the EU institutions or persons who are directly and individually affected by them can appeal to the Court of Justice of the European Union directly (direct actions).

 

If there are questions regarding the interpretation or validity of European law in Member State proceedings, a preliminary reference procedure can be brought before the Court of Justice.

ECHR

Litigation

The European Court of Human Rights (ECHR) is a court of law established on the basis of the European Convention on Human Rights (ECHR), which examines acts of legislation, case law and administration for violations of the convention in all contracting states.

Individuals who consider their human rights to be violated can lodge a complaint with the Court after all national instances have been exhausted (individual complaint).

VfGH

Litigation

The Constitutional Court (VfGH) is the highest court called to exercise constitutional jurisdiction in Austria.

It examines laws and regulations for their constitutionality. Individual persons can apply if directly concerned. A party to a first instance civil or criminal court decision may complain as well.

In particular, the Constitutional Court hears complaints against decisions of administrative courts of first instance for violation of constitutionally guaranteed rights.