Judiciary of Austria

The judiciary of Austria (German: österreischische Judikative) is the system of courts, prosecution and correction of the Republic of Austria as well as the branch of government responsible for upholding the rule of law and administering justice. The judiciary is independent of the other two branches of government and is committed to guaranteeing fair trials and equality before the law. It has broad and effective powers of judicial review.

Structurally, the Austrian judiciary is divided into general courts (ordentliche Gerichte) and courts of public law (Gerichte öffentlichen Rechts). The general courts handle civil and criminal trials as well as non-adversary proceedings such as inheritance cases or legal guardianship matters. The courts of public law supervise the other two branches of government: the administrative court system reviews the legality of administrative acts; the Constitutional Court adjudicates on complaints regarding the constitutionality of statutes, the legality of ordinances, and the conduct of elected officials and political appointees in office.

In addition to the court system proper, the judicial arm of Austrian state power includes the state prosecution service (Staatsanwaltschaft), the prisons (Justizanstalten) and the correctional officers' corps (Justizwache). Remand prisons for pre-trial detention or other types of non-correctional custody (Polizeianhaltezentren) belong to the executive branch. The judiciary is assisted by the Ministry of Justice (Justizministerium), a cabinet-level division of the national executive.