The European and Austrian constitutions endow the Austrian court system with broad powers of judicial review. All Austrian courts are charged with verifying that the statutes and ordinances they are about to apply conform to European Union law, and to refuse to apply them if not. A specialized Constitutional Court checks statutes for compliance with the Austrian constitution and executive ordinances for compliance with Austrian law in general.

The judiciary of Austria is the system of courts, prosecution and correction of the Republic of Austria as well as the branch of government responsible for upholding the rule of law and administering justice. The judiciary is independent of the other two branches of government and is committed to guaranteeing fair trials and equality before the law. It has broad and effective powers of judicial review.