Periculum in Mora in Austrian Administrative Procedure and Environmental Law

Authors

  • Nikolaus Handig Austrian Constitutional Court

DOI:

https://doi.org/10.25365/vlr-2026-10-1-168

Keywords:

periculum in mora, imminent danger, administrative procedure, environmental law

Abstract

Imminent danger requires immediate reaction. This fact is reflected in a specific legal concept: periculum in mora. The law typically refers to periculum in mora to enable accelerated defensive action of some sort, depending on the respective circumstances, thereby stipulating instruments to avert imminent danger. This paper explores the legal prerequisite of periculum in mora and the corresponding instruments in Austrian administrative procedure and environmental law while proposing categories to structure the variety of said instruments.

Author Biography

Nikolaus Handig, Austrian Constitutional Court

Nikolaus Handig was a researcher at the Institute of Law at BOKU University while completing his doctorate in law at the University of Vienna. Afterwards he worked at Niederhuber & Partner Attorneys at Law and was a Post Doc Track fellow of the Austrian Academy of Sciences as well as scientific staff member at Austria's Supreme Administrative Court. Currently he is a law clerk at the Austrian Constitutional Court.

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Published

2026-08-21

Issue

Vol. 10 No. 1 (2026): University of Vienna Law Review

Section

Articles

License

Copyright (c) 2026 Nikolaus Handig

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