Amendment to the Austrian AVG: Electronic Submissions now Included

Jul 21, 2023 Benn-Ibler Rechtsanwälte

The Austrian Federal Chancellery has submitted a government bill on amendments to the Austrian General Administrative Procedures Act (Allgemeines Verwaltungsverfahrensgesetz, AVG), the Austrian Administrative Penal Act (Verwaltungsstrafgesetz, VStG), the Austrian Administrative Court Procedures Act (Verwaltungsgerichtsverfahrensgesetz, VwGVG), the Austrian Administrative Court Act (Verwaltungsgerichtshofgesetz, VwGG), and the Austrian Constitutional Court Act (Verfassungsgerichtshofgesetz, VfGG).

Under Section 33(3) of the Administrative Procedures Act, the right to postal delivery, which previously applied only to submissions sent by post, will also apply to submissions sent electronically. Previously, electronic submissions often had to be submitted to the authority (or administrative court) on the last day of the submission period before the end of office hours. Conversely, submissions sent by courier (post) had to be delivered to the courier on the last day of the deadline. In future, in the case of electronic submissions (email, electronic legal communications, etc.), it will be sufficient if the submission is sent to the authority (or the court) on the last day of the deadline. However, the risk of losing remains with the applicant. The deadline is only met if the document is actually received by the authority, provided it was sent in time.

In addition, the possibility of virtual oral hearings in administrative proceedings has now been made permanent.

In proceedings before the administrative authority, the latter has a wide margin of discretion. It can be decided whether the entire hearing or only parts of it will take place virtually. It will also be possible to only let certain persons join the hearing.

In administrative criminal proceedings, the authority can only propose a virtual hearing. However, the accused always has the option of appearing in person.

In proceedings before the administrative courts, a virtual hearing will be possible, unless federal or provincial law provides otherwise and neither the right to a fair trial (Article 6 ECHR) nor Article 47 of the Charter of Fundamental Rights conflict with this.

The government bill has already passed the Constitutional Committee and is expected to complete the legislative process shortly.

BlgNR 2108 - XXVII GP (14 June 2023)