1. GENERAL INFORMATION ON THE SCOPE OF APPLICATION

The scope of application of a legal norm (cf. 4th knowledge snippet) describes - in simple terms - to whom, what, where and for how long a legal norm applies. A distinction must therefore be made between the following areas of application:

a. Personal scope of application (Who?);

b. Material scope (What?);

c. Territorial scope (Where?);

d. Time frame (How long?)

2. IN DETAIL

2.1 Personal scope of application

The personal scope of application of a legal norm determines to whom the norm should apply. For example, a norm can only apply to all citizens or to all EU citizens or even to „foreigners “*. Some norms extend to all people, while others only affect certain groups of people or even apply exclusively to individual persons.

The personal scope of application is therefore about the addressees of a legal norm - we therefore also speak of „norm addressees“ or „persons subject to the law“, i.e. the persons who are subject to a legal norm.

*According to § 2 para 4 subpara 1 Aliens Police Act 2005 (Federal Law Gazette I 100/2005 as amended by Federal Law Gazette I 50/2025), „aliens“ are persons who do not have Austrian citizenship.

2.2 Material scope of application

The material scope of a legal norm defines what is to be regulated - i.e. which behaviours or which situations are to be covered by the norm.

2.3 Territorial scope of application

The territorial scope of a legal norm determines where - i.e. for which territory - a norm should apply. As Austria is a federal state, a distinction is made between federal territory and provincial territory: Federal laws generally apply to the entire federal territory, i.e. Austria, while state laws only apply within the respective state.

2.4 Temporal scope of application

The temporal scope of a legal norm determines the period of time for which a norm is to apply - i.e. from the start of validity to the end of validity.

This topic is relatively comprehensive and too important to be dealt with briefly here. That's why a separate knowledge snippet - the 7th - will be dedicated to it.

3. EXAMPLES

3.1 Personal scope of application

a. Citizen

Art 7 B-VG stipulates the following: „All citizens are equal before the law“ (also known as the principle of equality).

b. EU citizens

Art 21 TFEU stipulates that every „citizen of the Union ... shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect“ (also known as the right to free movement).

c. People

The first sentence of Article 2 of the ECHR stipulates the following: „The right to life of every human being shall be protected by law“.

d. Specific group of persons

According to Section 1 of the Civil Service Act 1979 (Federal Law Gazette 333/1979 as amended by Federal Law Gazette I 50/2025), this federal law applies to „all civil servants who are employed by the federal government under public law. They are hereinafter referred to as ‚civil servants‘.

e. Individuals

§ The Federal President has the following powers under Article 65(2)(c) of the Federal Constitution: „He shall also have the following powers in individual cases: the pardoning of persons convicted by the courts, the mitigation and commutation of sentences imposed by the courts, the leniency of legal consequences and the redemption of convictions by way of clemency, as well as the suppression of criminal proceedings in the case of offences to be prosecuted ex officio“.

§§ 2 „Law of 3 April concerning the expulsion of the House of Habsburg-Lothringen and the takeover of its assets“ (StGBl 209/1919 as amended by BGBl I 2/2008): „In the interests of the security of the Republic, the former bearer of the Crown and the other members of the House of Habsburg-Lothringen shall be expelled from the country, unless they have expressly renounced their membership of this House and all claims to power derived from it and have declared themselves to be loyal citizens of the Republic. It is for the Federal Government, in agreement with the Main Committee of the National Council, to determine whether this declaration is to be recognised as sufficient“.

f. Foreigners

Section 41 (1) Aliens Police Act 2005 stipulates the following: „The organs of the public security service are authorised to prevent foreigners who attempt to enter the federal territory unlawfully from entering“.

3.2 Material scope of application

Section 1 (1) of the Road Traffic Act (Federal Law Gazette 159/1960 as amended by Federal Law Gazette I 52/2024) stipulates the following: „This Federal Act applies to roads used by the public. Such roads are roads that can be used by everyone under the same conditions“.

3.3 Spatial scope of application

a. Federal territory

Art 49 para 1 B-VG stipulates that federal laws must be promulgated by the Federal Chancellor in the Federal Law Gazette. „Unless expressly provided otherwise, they shall enter into force at the end of the day on which they are promulgated and shall apply to the entire federal territory“.

b. National territory

§ Section 1 of the Salzburg Gaming Machine Act 2026 (LGBl 82/2025) regulates the following: „This Act regulates gambling with gaming machines in gaming parlours in the province of Salzburg“.

(Note: This law will not come into force until 1 January 2026).

3.4 Temporal scope of application

Section 124b no. 480 of the Income Tax Act 1988 (Federal Law Gazette 400/1988 as amended by Federal Law Gazette I 79/2025) stipulates the following:

4. TO PUT IT INTO A NUTSHELL

The following questions arise for every legal norm: Who is the addressee of a specific legal norm („personal scope of application“)? What is regulated in a certain legal norm („material scope of application“)? Where does this legal norm apply - e.g. in Vienna or in Austria („territorial scope of application„)? And finally: Did the specific legal norm apply at all at the time of the realisation of the facts (“temporal scope of application")?

These questions must first be answered before a reliable legal opinion can be given. Score points with us!