Die Oberste Justizstelle in Wien (1749–1848). Beiträge zur Rechtsgeschichte Österreichs|Beiträge zur Rechtsgeschichte Österreichs Band 2 / 2016|

Abstract

The origin of a judicial authority serving as a central court of the hereditary provinces of the Habsburg monarchy was result of the reform of 1749, by which the union of the Austrian and Bohemian provinces was transformed into a centralized state: By separating administrative from judicial affairs, a promotion of jurisdiction should be effectuated. The territorial scope of the new judicial authority was limited to the Union of non-Hungarian (Cisleithanian) provinces of the Austrian monarchy; its factual jurisdiction comprised all civil and criminal matters (except for military personnel) as well as specific agendas in the field of voluntary jurisdiction. In addition to these competences relating to the jurisdiction of general courts, the Supreme Justice Office was also responsible for matters under the jurisdiction of public law courts, as well as for several agendas in regard to the administration of justice. During the Vormärz’ period the Supreme Justice Office developed into a court in criminal tax law as well as an intergovernmental arbitration body of the German Confederation. In addition to all these tasks it played a significant role in the field of legislation by issuing opinions on draft laws. Immediately after the outbreak of the 1848 revolution, the Supreme Justice Office served as a provisional Supreme Court for the Cisleithanian provinces of the Austrian monarchy

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