Through a diachronic analysis, this essay analyzes the evolution of
Austria’s system of protection with respect to the Public Administration
highlighting the elements of convergence and differentiation with respect
to the traditional model typical of civil law systems, inspired by the
French prototype.
After illustrating the developments of administrative justice towards
instruments that are increasingly less administrative, the essay focuses on
the constitutional reform of 2012, which completed the progressive ap-
proximation of Austria to the European model of administrative justice.
The latter is currently characterized by an evident centrality of the instru-
ments for jurisdictional protection with respect to the PA and the en-
hancement of a subjective conception of jurisdiction.
The essay ends with a reflection on the repercussions of the new
model on two dogmatic cornerstones of the theory of the State: the de-
mocratic principle and the rule of law. The democratic principle applies
to the connection between representation, accountability, political deci-
sion-making and administrative implementation, while the rule of law ap-
plies, on one hand, to the concept of an independent judiciary and, on the
other, to the full justiciability of administrative action.
