1. GENERAL

We specialise in public law. But what is „public law“?

The counterpart - „private law“ (also known as „civil law“ - from the Latin „cives“/“citizen“) - is familiar to most people. These are the legal provisions that regulate relationships between private individuals (e.g. the Austrian Civil Code, which governs contracts of sale or gift agreements, among other things).

Public law, on the other hand, simply put, regulates the state and its actions: It regulates

• on the one hand, in particular the legal relationships between the state institutions themselves (e.g. the principle of separation of powers, according to which legislation, administration and jurisdiction are separate from one another),
• and also the legal relationships between the state and citizens (e.g. pharmacy law, data protection law, commercial law, environmental law, public procurement law, transport law).

2. EXAMPLE

When parking Hugo clumsy the car from Sandra Unglück and causes damage in the process. Sandra Unglück can now claim damages from Hugo clumsy demand. Private law applies because two private parties are confronted with each other (also known as a relationship of equality*).

*For illustration purposes, the terms equal-order and superior/subordinate relationship are helpful - but they are not fully applicable in every case.

Forgets Hugo clumsy Furthermore, if the driver fails to display a parking ticket in a paid parking zone, he is committing an administrative offence (violation of the StVO and the local parking regulations). Hugo clumsy is to be penalised by the state - i.e. by the competent administrative authority (also referred to as a superior/subordinate relationship*). Public law applies.

3. TO PUT IT INTO A NUTSHELL

Private law = civil law = civil law concerns the legal relationships between citizens. Public law regulates the legal relationships of these citizens with the „authorities“ - i.e. the state authorities - and the legal relationships of these state authorities with each other.

In both cases .... punken with us!