Austria - 2012
Can associations, organisations or other legal entities, who have a legitimate interest, engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure concerning discrimination?
- Code:
- RED14
- Key Area:
- Anti-discrimination Legislation & Implementation
- Strand(s):
- Discrimination, Equality
| Short Answer |
Yes. To a limited extant representation of complainants by associations, organisations or other legal entities is possible. |
| Qualitative Info |
Complainants can be represented by NGOs, private persons or any other legal entity in cases, where there is no statutory requirement to be represented by a lawyer in proceedings. In practice this means that representation by NGO employees or representatives is possible in proceedings at the Equal Treatment Commission and in court cases with a litigation interest under EUR 4.000. Representation at the Labour and Social Courts is possible by any person suitable in proceedings of first instance (Art. 40 para 2 no. 4 Labour and Social Court Act). Represention by employees of the Austrian Chamber of Labour is most frequent there. There is no possibility for NGOs to file a claim in the general interest of a group or in their own name (collective claim). The Litigation Association of NGOs against discrimination is entitled to co-intervene in court proceedings as a third party (Nebenintervention) upon request of the claimant (Art 62 Equal Treatment Act). Sources:
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| Groups affected/interested | Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Majority, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability |
| Type (R/D) | |
| Key socio-economic / Institutional Areas | Policing - law enforcement, Employment - labour market, Housing, Health and social protection, Education, Anti-discrimination |
| External Url | www.klagsverband.at |
| Situation(s) |
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| Library |
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