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New Federal Administrative Court established in administrative shake-up

Publication

New Federal Administrative Court established in administrative shake-up

publiziert: 
International Law Office, Projects & Procurement Newsletter, 28 May 2013
Datum: 
2013, May 28
Mag. Irene Mayr

Following comprehensive reform of the Austrian administrative jurisdiction, the Federal Procurement Authority will be replaced by the newly established Federal Administrative Court with effect from January 1 2014.

The reform requires amendments to the Federal Public Procurement Act and the Federal Public Procurement Act for Security and Defence. The federal government is thus about to introduce two bills for this purpose to Parliament. Future public procurement procedures will be based on the amended versions of these acts, as well as on the Administrative Court Procedures Act, which came into force in January 2013.

The proposed amendments largely avoid renumbering articles and do not constitute major changes to the public procurement procedures. Rather, they focus on provisions relating to legal protection, which must be changed due to the establishment of the Federal Administrative Court. Apart from that, most provisions of the Federal Public Procurement Act and the Federal Public Procurement Act for Security and Defence will remain unchanged (ie, provisions relating to review procedures, interlocutory injunctions, determination procedures, incompatibilities for lay judges and fees).

Finally, the proposed amendments also serve to implement the procurement law aspects of the EU Energy Efficiency Directive (2012/27).

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