Ministry of Justice sets flat-rate remuneration for lawyers in long-term proceedings

The Federal Minister of Justice, Sporrer, has set the separate lump-sum remuneration of the Federation for services provided by lawyers in proceedings of above-average duration for the year 2021 at a total of 759.85 euros. The regulation is titled “Separate determination of the lump-sum remuneration of the Federation for services provided by lawyers in proceedings of above-average duration pursuant to § 16 para. 4 RAO for the year 2021”. It was published in the Federal Law Gazette for the Republic of Austria, Part II, as BGBl. II No. 318/2026 with an issue date of November 5, 2026.

Legal Basis and Establishment

The regulation is based on § 47 para. 5 of the Legal Profession Act (RAO), RGBl. No. 96/1868, in the version of the Federal Act BGBl. I, by which the Legal Profession Act was last amended. It was issued in agreement with the Federal Minister of Finance and the Main Committee of the National Council.

Thus, the formal legal basis exists for a payment by the Federation, which is not anchored in the ordinary fee accrual of legal aid, but as a separate lump-sum remuneration for a specific group of cases of the appointed legal profession. In terms of content, two chains of reference are affected: the appointment pursuant to § 45 RAO and the above-average duration of proceedings pursuant to § 16 para. 4 RAO.

The Determination in Detail

The text of the regulation itself consists of a single dispositive provision. The key points regulated therein:

• Amount of the lump-sum remuneration: total of 759.85 euros
• Party liable for payment: the Federation
• Reference period: services for the year 2021
• Eligible parties: lawyers appointed pursuant to § 45 RAO
• Affected proceedings: proceedings of above-average duration pursuant to § 16 para. 4 RAO
• Method of payment: separate payment pursuant to § 47 para. 5 RAO
• Legal basis: § 47 para. 5 RAO, RGBl. No. 96/1868
• Official reference: BGBl. II No. 318/2026
• Issue date of the Federal Law Gazette: November 5, 2026

The amount is shown as a total sum and not as an individual amount per proceeding or per lawyer. Furthermore, the regulation contains no further provisions, in particular no regulation on payment modalities or the distribution of the total amount.

Significance for the Legal Profession and the Justice Budget

With this determination, the affected group of appointed legal counsel receives, for the first time for the reference year 2021, a quantified basis for separate federal remuneration in cases of particularly long proceedings. For the bar associations and the affected parties to the proceedings, the previously open question of the federal government’s compensation for services is thus clarified. At the same time, the budgetary framework that the federal government must bear for this constellation is quantified at 759.85 euros.

The regulation was signed by the Federal Minister of Justice and bears the signature Sporrer. It is assigned to Part II of the Federal Law Gazette, under the category of regulations. For administrative practice, the announcement means that the separate flat-rate remuneration according to § 47 Para. 5 RAO for the year 2021 is now enforceably established in the amount published in the official gazette and no longer requires derivation from general remuneration rules.

Source: Federal Law Gazette for the Republic of Austria, Part II, No. 318/2026 of November 5, 2026, Regulation, (official reference: BGBl. II No. 318/2026).