Constitution of the Federal Republic of Austria (1920, as amended up to 2016) (excerpts related to Fair Trial (Right to a)) (English)

Federal Constitution


Article 87.

(1) Judges are independent in the exercise of their judicial office. 

(2) A judge is in the exercise of his judicial office during the performance of any judicial function properly his by law and the allocation of business, though to the exclusion of the judiciary's administrative business which in accordance with the provisions of the law shall not be discharged by chambers or commissions. 

(3) Business shall be allocated in advance among the judges of the Court of justice for the period provided by federal law on the organization of the courts. A matter devolving upon a judge in accordance with this allocation may be removed from his jurisdiction only by decree of the chamber competent, in case of his being prevented from the discharge of his responsibilities or his being unable to cope with his duties, due to their extent, within a reasonable time.


Article 90.

(1) Hearings in civil and criminal cases at the court of justice are oral and public. Exceptions are regulated by law.

(2) In criminal proceedings the procedure is by indictment.


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