The purpose of this study is to examine whether the Austrian law of civil procedure complies with the fundamental right to an effective access to justice as secured by Article 6 ECHR and Article 47 CFR. In doing so, first of all, meaning and content of these fundamental rights are discussed with regard to jurisdiction and scientific consensus. Subsequently, selected problem areas of civil procedure law are investigated more closely. These problem areas can be distinguished into financial and legal obstacles to be overcome by the parties. For the former, especially the costs of civil litigation (whether by court or lawyers fees) as well as the institution of legal aid, which should result in lower process costs for financially weak parties, are of relevance. Therefore it is examined whether the current cost burden significantly complicates or even inhibits the access to justice. Furthermore, the question is asked whether legal aid can actually fulfill its intended purpose. Regarding the legal obstacles, including the increasing complexity of the law, the legal system provides on the one hand various obligations of instruction in favor of parties without legal representative. On the other hand, extensive and onerous lawyers duties exist. These rules are discussed in terms of possible facilitation of the access to justice. Finally, the requirement of a reasonable time and the available remedies for the enforcement of this fundamental right are taken into account. This accommodates the fact that the temporal element is essential for effective law enforcement.