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This book presents a broad range of aspects of Austrian law & legal culture for the purpose of comparison with other legal systems. It treats the following subjects: political history, the Constitution, sources & interpretation of law, the political system, Austria & the European Union, legal education & professions, the courts, administrative adjudication, constitutional review, fundamental rights, criminal procedure, the civil law tradition, & the Austrian Civil Code. These characteristic features have been selected in order to acquaint the foreign observer with some of the defining elements of Austrian law & legal development. Austrian students & practitioners, too, may find this approach helpful when it comes to explaining their law to others.
This book provides an introduction to the Austrian state,legal system and laws. It provides a guide to a number of areas of Austrian substantive law, concentrating on the most important areas of public and private law. The book considers in depth, the historical, political, social and economic aspects of the Austrian State to give more background for those coming afresh to Austrian studies. This book will appeal to academic comparative lawyers across a range of disciplines and academics who require fundamental information on the Austrian state and legal systems. It will make attractive supplementary reading on comparative law courses, especially for those students spending a third year in Austria. It will also prove useful for politics and economics or multidisciplinary studies students who study Austria either directly or for comparison with other countries.
With its legacy as the centre of one of the greatest empires of modern history, Austriaè^--s legal system has for long been enormously influential worldwide. A European Union Member State since 1995, Austria continues to enjoy its role as a major centre of international business and tourism. Austria has also become host to numerous international organisations.
A comparative analysis of security rights in insolvency proceedings under the main legal traditions of the European Union (common law, Germanic, Napoleonic Code and East European) in the context of Articles 5 and 13 of the European Insolvency Regulation Regulation 1346/2000.
The Constitution of Austria is the corpus of all federal constitutional law in the Republic of Austria. It is divided into numerous acts. The Federal Constitutional Law (Bundes-Verfassungsgesetz) (B-VG) is its primary focus, and it contains the most important federal constitutional provisions.
The original contributions to the Research Handbook provide an introduction to the application of Austrian economics to law. The book begins with chapters on the methodology of law and economics. Further chapters discuss key concepts in Austrian economics – dynamic competitive processes, spontaneous order, subjective value, entrepreneurship, and the limited nature of individual knowledge – as they relate to topics in evolutionary law (social rules, self-governance, dispute resolution) and basic law (torts, antitrust, civil procedure, business and family law).
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
"Formerly known as the International Citation Manual"--p. xv.
Austria was the first victim of Hitler's policy of aggression. The Ger man domination of that country (the so-called Anschluss) heralded the beginning of a diplomatie demarche. The event also had deep implications for the legal system of the international community. The Allied occupation of Austria after W orId War II and the long delay in attaining aState Treaty to arrange for the Allied withdrawal from Austrian territory eventually gave rise to some doubts as to the international legal status of the latter. This study is confined to an examination of the international legal problems involved in Austria's changed status from the Anschluss of March 13, I938, until the signing of the State Treaty on May 15, 1955. It is not intended to be a history of the period covered and no attempt is made to treat fully such fascinating topics as the diplo matie negotiations leading up to the Anschluss or the story of the long struggle between the occupying powers to attain aState Treaty for Austria. The time span of this work was deliberately chosen in a desire to confine it to an appraisal ofthe legal continuity ofthe Austrian State and an evaluation of the impact of the Austrian question on the traditional law of state succession and recognition. The problem of Austria's new neutralized status resulting from the negotiations in connection with and subsequent to the signing of the Austrian State Treaty is worthy of separate treatment and is not dealt with in the present study.