Legal Support & Advice in Austria
- Keith Davies
- Aug 7, 2024
- 5 min read
There have been so many posts in the English Speakers in Austria Facebook groups with people asking for legal help, so we thought we would put together this guide.
Life has a habit of throwing some unexpected surprises and sometimes legal advice and support is required. Different countries operate in different ways and Austria is no different.
The following provides an overview of the different services available in Austria and some optional products or membership that people should consider BEFORE something becomes a problem. It is also worth remembering that legal costs can be expensive and remember “prevention is better than cure”.
Legal Jurisdiction Overview
Austria is a Federal State with nine Provinces – Burgenland, Carinthia (Kärnten), Lower Austria (Niederösterreich) , Salzburg, Styria (Steiermark) , Tyrol (Tirol) , Upper Austria (Oberösterreich) , Vienna (Wien) and Vorarlberg.
In Austria, the main legal jurisdictions are:
• Provincial
• Federal (i.e. national)
• EU
Sometimes there are also local by-laws at a municipal/community (Gemeinde) level.
Since Austria’s accession into the EU, much national legislation has been transposed from EU law – while the objective is harmonised law throughout the EU, there are still national options and discretions, and the possibly to allow EU Member States to be stricter or not so strict in relation to the underlying EU law.
It is important that when you get advice that the person offering the advice is qualified in the appropriate legal jurisdiction.
Legal Protection Insurance (Rechtsschutzversicherung)
Legal protection insurance is there to offer you advice and to cover legal costs in the event of a legal dispute (within the scope of the cover).
You can take out legal protection insurance as an option on your house insurance policy or you can take this out as a separate policy. Typically, there is a waiting period of around 3 months before you can make a claim and they will not cover pre-existing problems.
Cover is not that expensive and it may be worth taking this out to provide that re-assurance in case you need it. These policies come highly RECOMMENDED, but please check the coverage and especially the exclusions.
Tenants Associations (Mietervereinigung)
One of the most common issues reported in the Austrian Facebook groups are issues related to tenancy. People regularly complain that their landlord has increased the rent retrospectively or something else rent related (e.g. termination issues).
Austrian tenancy contracts are not for the faint hearted and can be confusing. There are Tenants Associations (Mietervereinigung) in every province who are there to represent the interests of the tenants. They have an annual fee and it may well be worth joining if you are renting.
Chamber of Labour (Arbeiterkammer)
If you are an employee, you are automatically a member of the Chamber of Labour (Arbeiterkammer) and can ask for their advice on lots of issues particularly employment, but they can also offer advice on other things such as renting.
Their website has lots of useful information.
Works Council (Betriebsrat)
If your company has a Works Council (Betriebsrat) they may also be a good point of call for employment issues that are specific to a company.
Austrian Ombudsman Board (Volksanwaltschaft)
The Austrian Ombudsman Board (Volksanwaltschaft) is primarily there to deal with issues with the authorities and officials. They cannot intervene if the issue is of a legal nature, but they may be able to assist prior to it becoming a legal issue.
Examples of things they might be able to assist with are people waiting for residence permits more than 6 months.
Austrian Economic Chambers (WKO)
The Austrian Economic Chambers (WKO) is there to represent the interest of companies and the self-employed. You will need to pay them an annual fee but they are able to offer free advice and assistance for issues related to self employment.
Austrian Students Union (ÖH)
Students in Austria can seek advice from the Austrian Students Union (ÖH).
Austrian Automobile, Motorcycle and Touring Club (ÖAMTC)
The ÖAMTC and ARBÖ are Austria’s Automobile clubs. Members can use their legal services to get legal advice on all issues related to motoring.
You don’t need to have a car to be a member, they also cover bikes. In addition, members can get good value travel insurance (Schutzbrief)
Your Europe Advice
Your Europe Advice is a free service provided by legal experts from ECAS operating under contract with the European Commission. They are experts on EU and national laws
Please note though that the advice they provide is only an opinion, however sometimes they do provide you with legal precedents which may be useful.
Note: Be precise in your question, make sure to provide them with ALL the facts, remember it’s not a chat service and it is one question at a time.
Legal Aid (Verfahrenshilfe) & Lawyers
If you cannot afford legal fees, legal aid (Verfahrenshilfe) is possible, more details on the Austrian Bar Association website and further details here in German.
The form for applying for legal aid can be obtained from any court or the bar of the province where you reside in Austria. The petition must be submitted to the court having jurisdiction. One thing to bear in mind though is that if you lose your case, you may still be liable for the costs of the other party.
The bar association also offers some further information on their website:
You can find a list of English Speaking Lawyers here or contact one of the free advice services for a list of their recommended lawyers (the Vienna Business Agency has one).
Notary
Notaries provide services that can be summarized in to two categories:
• Services where the Civil Law Notary acts in his/her capacity as a public commissioner of oaths or as delegate of the court (Court Commissioner).
• Professional services, such as the drafting of private deeds of any kind, the representation of parties and mediation.
Specific areas they cover are property, wills and power of attorney.
You can find an Austrian Notary that speaks English on the European Notaries Directory or from the Austrian Notary site
The first consultation is usually free!
Charities
Charities such as Caritas are sometimes able to help particularly on immigration matters for migrants.
Free Advice Services
There are free Advice services in some of the Austrian provinces that may be able to offer initial advice or point you in the right direction.
European Consumer Austria
The Verein für Konsumenteninformation are able to offer help and advice for consumers in Europe.
European Consumer Rights
Here are some additional European consumer rules that may be useful:
Your National Embassy/Consulate in Austria
Your Embassy/Consulate in Austria may not offer you free legal advice in all circumstances,however if you’re the victim of a serious crime, have been arrested, or are affected by a crisis it may be useful to contact them. Please find the link to Search for your Foreign Representative in Austria
Acknowledgement
The information in this post has been summarised from an original post on the British in Austria website
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