1. AUTHORITY

1.1. Introduction

My first conscious experience of dealing with the authorities was when I got my driving licence – a time marked by high hopes following my school-leaving exams and a sense of freedom and independence.

Most people probably associate public authorities primarily with traditional administrative procedures (e.g. applying for planning permission or a business licence). In everyday language, the term „public authority” is therefore usually associated with administrative activities and the associated administrative processes.

In fact, however, the term „authority“ has a broader meaning and is by no means reserved exclusively for the administration. Public authorities form part of the state’s executive branch. This encompasses not only the administration (the executive) but also the judiciary. That is why there are not only administrative authorities but also judicial authorities. Admittedly, in everyday language, the term is predominantly associated with the administration.

Behind the somewhat technical term „public authority“ lies a central aspect of state action – namely, the apparatus through which the state actually „enforces the law“ in everyday life – that is, applies and enforces it in practice.

1.2. What are public authorities?

As organs of the executive branch of government, public authorities are bound by the law: they must act only on a statutory basis and within the limits laid down by law. That in itself, however, would not be anything out of the ordinary – citizens, too, are expected to abide by the legal system.

The defining feature of public authorities lies in the fact that the legal system confers sovereign power upon them: public authorities therefore do not merely act „like any other person“, but exercise sovereign authority. In legal scholarship, it is also said in this context that public authorities are endowed with „imperium“. The term derives from Latin (imperare – „to command, to order“) and describes the state’s special power to issue unilaterally binding orders and, if necessary, to enforce them by compulsion – it possesses the power to command and to compel; in short: the monopoly on the use of force. Its authorities are therefore permitted to implement measures that are binding on individuals. The applicable law alone determines who is specifically granted which powers.

This distinctive feature becomes particularly clear when compared with private individuals: if, for example, A sees that B is parking his car without authorisation in a no-stopping zone, A does indeed recognise this as unlawful behaviour. However, A is not permitted to issue a warning to B or impose a penalty on him. A lacks the authority to do so. This is precisely where the difference lies between the individual citizen and the state or its authorities: only they are permitted to act in an official capacity and exercise state coercion.

This sovereign power manifests itself in different forms depending on the sphere of government: administrative authorities typically act through notices or regulations, whilst judicial authorities act through judgements, rulings or decisions. However different these forms may be, they have one thing in common: their decisions have legally binding effects on those concerned.

From an organisational perspective, public authorities may be structured either as single-member bodies (also known as monocratic bodies) or as collegial bodies. Where the law provides for a single-member body, the functions of that body are performed by a natural person acting as its head; in the case of a collegial body, several natural persons are appointed to reach decisions jointly. The tasks assigned to the body and the procedures for reaching decisions and adopting resolutions in the case of collegial bodies are governed by legislation – and, where applicable, by „rules of procedure“ based on that legislation.

1.3. Examples

Typical individual bodies include, for example, the Federal President, the Mayor and the Minister. Examples of collegial bodies include the Federal Government and the state government.

Federal ministers have a dual role: on the one hand, they act as single-person bodies within the remit assigned to them by law; on the other hand, they act as members of a collegial body, namely the Federal Government.

This basic pattern is also reflected in the judicial system, even if the terms are not used in exactly the same way: decisions may be handed down by a single judge (e.g. in district courts) or by collegial panels such as senates (e.g. the Administrative Court or the Supreme Court). In criminal law, there are also forms of collegial decision-making involving lay participants, such as lay judges’ courts or jury courts.

2. AMT

2.1. General

An office is the organisational support structure of a public authority. It usually consists of several supporting bodies, which are grouped together within an organisational structure. Its supporting role may consist, in particular, of establishing and examining the facts of a case, conducting proceedings, and preparing statements and/or decisions.

The office thus constitutes the bureaucratic support structure of the authority. However, the actual sovereign decision – and consequently also the legal responsibility – is attributed not to the office but to the authority’s governing body.

2.2. Examples

Administration: Examples include the Federal Chancellery, which acts as the administrative apparatus attached to the Federal Chancellor, and the Office of the President, which acts as the administrative apparatus supporting the Federal President. For the state governments, there is the respective state government office; for the local authorities, the respective local authority office. In statutory cities, the municipal council constitutes the city’s administrative body.

Jurisdiction: In the courts, the administrative body is generally referred to as the „registry“ or „secretariat“ – for example, the registry of the Supreme Court.

3. HYBRIDS

In some cases, the legal system expressly stipulates that an „office“ should not act merely as a supporting body, but should itself perform official duties and is thus vested with public authority: for example, the taxoffice Tax assessment notices (Section 49(1)(b) of the Federal Tax Code [BGBl 194/1961, as amended by BGBl I 98/2025], according to which the federal tax authorities include the tax offices). The municipal council may also exercise sovereign powers if the municipal charter grants it such authority within the municipality’s own sphere of activity. Municipal councils are also frequently established as administrative authorities of first instance (e.g. Vienna).

4. TO PUT IT INTO A NUTSHELL

Public authorities are vested with imperium – that is, sovereign power. They can therefore unilaterally enact law – that is, issue legal acts that are binding on those subject to the law. They are executive bodies – hence there are administrative and judicial authorities (even though the term „authority“ is not usually applied to courts). Public authorities may be organised on a monocratic or collegial basis. Alongside public authorities, as bureaucratic support structures, there are government departments (e.g. federal ministries). Legislation may also provide for government departments to carry out public authority functions (e.g. the City of Vienna’s municipal administration).

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