Der Untersuchungsgrundsatz im Verwaltungsverfahren und in der Verwaltungsgerichtsbarkeit

The principle of investigation: concept, foundations, and practice. The reform of the public law protection system through the Administrative Court Jurisdiction Amendment 2012 has reshaped the relationship between administrative management and administrative control. The principle of investigation is a central determinant in this context. It states that the administrative authority or the administrative court must investigate and establish the relevant facts ex officio, without being bound by the submissions or evidence requests of the parties. This work provides a comprehensive presentation of the principle of investigation in Austrian administrative procedural and administrative process law. It addresses the conceptual, theoretical, and historical foundations of the principle of investigation, as well as the procedural detail issues it raises. In particular, it also considers the constitutional and EU law references. Finally, it explores how the ex officio investigation of facts by an administrative court relates to its judicial character and how they are compatible.