Austria 1920 (reinst. 1945, rev. 2009)

Chapter I General Provisions. European Union

Section A. General Provisions

Type of government envisioned

Art 1

Austria is a democratic republic. Its law emanates from the people.

Art 2

  1. Austria is a federal state.
  2. Subsidiary unit government
    The Federal State is composed of the autonomous Laender of Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tirol, Vorarlberg and Vienna.
  3. Changes in the composition of the Laender or a restriction of the involvement of the Laender provided for in this para and in Art 3 also require constitutional regulations of the Laender.

Art 3

  1. The Federal territory comprises the territories of the Federal Laender.
  2. State treaties changing the Federal boundaries may only be concluded with the approval of the Laender affected.
  3. Modifications of boundaries within the Federal territory require concurrent laws of the Federation and the Laender affected. Ratifications of boundaries within the Federal territory only require concurrent laws of the Laender affected.
  4. Resolutions of the National Council on modifications of boundaries according to para 2 and 3, to the extent they do not concern retification of boundaries, require at least the votes of half of the members and the majority of two thirds of the votes cast.

Art 4

  1. The Federal territory is a uniform currency, economic and customs area.
  2. Intermediate customs barriers or other traffic restrictions may not be established within Federal territory.

Art 5

  1. National capital
    The Federal capital and seat of the highest Federal authorities is Vienna.
  2. For the duration of extraordinary circumstances the Federal President can, at the request of the Federal Government, relocate the seat of the highest Federal authorities to another location in the Federal territory.

Art 6

  1. For the Republic of Austria there prevails a uniform nationality.
  2. Nationals are citizens of the Land where they have their principal domicile; Land laws can however stipulate that also nationals who have a domicile, but not their principal domicile, in the Land are citizens of that Land.
  3. A person's principal domicile is established in the place where he has settled with the intention, provable or emerging from the circumstances, of setting up there the centre of his relations of life. If this requirement is, on the basis of an overall consideration of a person's professional, economic and social relations of life, met by more than one domicile, this person has to designate as his principal domicile the one which he has the closest relationship to.
General guarantee of equality

Art 7

  1. Equality regardless of religion, Equality regardless of gender, Mentions of social class, Equality regardless of social status, Equality for persons with disabilities
    All nationals are equal before the law. Privileges based upon birth, sex, estate, class or religion are excluded. No one shall be discriminated against because of his disability. The Republic (Federation, Laender and municipalities) commits itself to ensuring the equal treatment of disabled and non-disabled persons in all spheres of every-day life.
  2. Equality regardless of gender
    The Federation, Laender and municipalities subscribe to the de-facto equality of men and women. Measures to promote factual equality of women and men, particularly by eliminating actually existing inequalities, are admissible.
  3. Equality regardless of gender
    Official designations can be applied in such a way as to indicate the sex of the officer holder. The same holds good for titles, academic degrees and descriptions of occupations.
  4. Public employees, including members of the Federal Army, are guaranteed the unrestricted exercise of their political rights.

Art 8

  1. Official or national languages
    German is the official language of the Republic without prejudice to the rights provided by Federal law for linguistic minorities.
  2. Integration of ethnic communities, Right to culture, Protection of language use
    The Republic (Federation, Laender and municipalities) subscribe to its linguistic and cultural multiplicity having grown, expressed in the autochthonous ethnic groups. Language and culture, existence and preservation of these ethnic groups are to be respected, safeguarded and to be supported.
  3. The Austrian sign language is recognized as independent language. Details are regulated by the laws.

Art 8a

  1. National flag
    The colours of the Republic of Austria are red-white-red. The flag consists of three identically broad horizontal stripes of which the intermediate is white, the upper and the lower are red.
  2. The coat of arms of the Republic of Austria (the Federal coat of arms) consists of an unfettered, single-headed, black, gilt-armed and red-tongued eagle on whose breast is imposed a red shield intersected by a silver crosspiece. On its head the eagle bears a mural crown with three visible merlons. A sundered iron chain rings both talons. The right holds a golden sickle with inward turned blade, the left a golden hammer.
  3. Detailed provisions, in particular as to safeguard of the colours, the coat of arms, and the seal of the Republic, are settled by Federal law.

Art 9

  1. International law, Customary international law
    The generally recognized rules of international law are regarded as integral parts of Federal law.
  2. By Law or state treaty having been approved according to Art. 50 para I may transferred specific Federal competences to other states or intergovernmental organizations. The same way the activity of agents of foreign states or intergovernmental organizations inside Austria and the activity of Austrian agents abroad may be regulated as well as the transfer of single Federal competences of other states or intergovernmental organizations to Austrian agents be provided for. Within this frame it may be provided for that Austrian agents shall be subject to the authority of agents of other states or intergovernmental organizations or such be subject to the authority of Austrian agents.

Art 9a

  1. Austria subscribes to comprehensive national defence. Its task is to preserve the Federal territory's outside independence as well as its inviolability and its unity, especially as regards the maintenance and defence of permanent neutrality. In this connection, too, the constitutional establishments and their capacity to function as well as the democratic freedoms of residents are to be safeguarded and defended against acts of armed attack from outside.
  2. Universal national defence comprises military, intellectual, civil and economic national defence.
  3. Right to conscientious objection, Duty to serve in the military
    Every male national is liable to military service. Female nationals may render voluntary service in the Federal Army as soldiers and have the right to terminate such service.
  4. Conscientious objectors who refuse the fulfilment of compulsory military service and are exonerated therefrom must perform an alternative service (civilian service)
National vs subnational laws

Art 10

  1. Subsidiary unit government
    The Federation has powers of legislation and execution in the following matters:
    1. the Federal Constitution, in particular elections to the National Council, and referenda as provided by the Federal Constitution; the Constitutional Court;
    2. external affairs including political and economic representation with regard to other countries, in particular the conclusion of international treaties, notwithstanding Laender competence in accordance with Art. 16 para 1; demarcation of frontiers; trade in goods and livestock with other countries; customs;
    3. Restrictions on entry or exit, Protection of stateless persons, Extradition procedure, Power to deport citizens
      regulation and control of entry into and exit from the Federal territory; immigration and emigration; passports; residence prohibition, expulsion and deportation; asylum; extradition
    4. Federal finances, in particular taxes to be collected exclusively or in part on behalf of the Federation; monopolies;
    5. the monetary, credit, stock exchange and banking system; the weights and measures, standards and hallmark system;
    6. Provisions for intellectual property
      civil law affairs, including the rules relating to economic association but excluding regulations which render real property transactions, legal acquisition on death by individuals outside the circle of legal heirs not excepted, with aliens and transactions in built-up real property or such as is earmarked for development subject to restrictions by the administrative authorities; private endowment affairs; criminal law, excluding administrative penal law and administrative penal procedure in matters which fall within the autonomous sphere of competence of the Laender; administration of justice; establishments for the protection of society against criminal or otherwise dangerous elements; copyright; press affairs; expropriation in so far as it does not concern matters falling within the autonomous sphere of competence of the Laender; matters pertaining to notaries, lawyers, and related professions;
    7. the maintenance of peace, order and security including the extension of primary assistance in general, but excluding local public safety matters; the right of association and assembly; matters pertaining to personal status, including the registration of births, marriages and deaths, and change of name; aliens police and residence registration; matters pertaining to weapons, ammunition and explosives, and the use of fire-arms;
    8. Provisions for intellectual property
      matters pertaining to trade and industry; public advertising and commercial brokerage; restraint of unfair competition; patent matters and the protection of designs, trade marks, and other commodity descriptions; matters pertaining to patent agents; matters pertaining to civil engineering; chambers of commerce, trade, and industry; establishment of professional associations in so far as they extend to the Federal territory as a whole, but with the exception of those in the field of agriculture and forestry;
    9. Telecommunications
      the traffic system relating to the railways, aviation and shipping in so far as the last of these does not fall under Art. 11; motor traffic; matters, with exception of the highway police, which concern roads declared by Federal law as Federal highways on account of their importance for transit traffic; river and navigation police in so far as these do not fall under Art. 11; the postal and telecommunications system; environmental compatibility evaluation for projects relating to these matters where material effects on the environment are to be anticipated;
    10. mining; forestry, including timber flotage; water rights; control and conservation of waters for the safe diversion of floods or for shipping and raft transport; regulation of torrents; construction and maintenance of waterways; regulation and standardization of electrical plants and establishments as well as safety measures in this field; provisions pertaining to electric power transmission in so far as the transmission extends over two or more Laender; matters pertaining to steam and other power-driven engines; surveying;
    11. labour legislation in so far as it does not fall under Art. 12; social and contractual insurance; chambers for workers and salaried employees with the exception of those relating to agriculture and forestry;
    12. Protection of environment
      public health with the exception of burial and disposal of the dead and municipal sanitation and first aid services, but only sanitary supervision with respect to hospitals, nursing homes, health resorts and natural curative resources; measures to counter factors hazardous to the environment through the transgression of immission limits; clear air maintenance notwithstanding the competence of the Laender for heating installations; refuse disposal in respect of dangerous refuse, but in respect of other refuse only in so far as a need for the issue of uniform regulations exists; veterinary affairs; nutrition affairs, including foodstuffs inspection; regulation of commercial transactions in seed and plant commodities, in fodder and fertilizer as well as plant preservatives, and in plant safety appliances including their admission and, in the case of seed and plant commodities, likewise their acceptance;
    13. Reference to art, Reference to science, Census
      archive and library services for the sciences and specialist purposes; matters pertaining to Federal collections and establishments serving the arts and sciences; matters pertaining to the Federal theatres with the exception of building affairs; the preservation of monuments; religious affairs; census as well as - allowing for the rights of the Laender to engage within their own territory in every kind of statistical activity - other statistics in so far as they do not serve the interests of one Land only; endowments and foundations when their purposes extend beyond a single Land's sphere of interests and they have hitherto not been autonomously administered by the Laender;
    14. organization and command of the Federal police ; settlement of the conditions pertaining to the establishment and organization of other protective forces with the exception of the municipal constabularies; settlement of the conditions pertaining to the armament of the protective forces and their right to make use of their weapons.
    15. military affairs; matters pertaining to civilian service; war damage and welfare measures for combatants and their surviving dependants; care of war graves; whatever measures seem necessary by reason or in consequence of war to ensure the uniform conduct of economic affairs, in particular with regard to the population's supply with essentials;
    16. the establishment of Federal authorities and other Federal agencies; service code for and staff representation rights of Federal employees;
    17. population policy in so far as it concerns the grant of children's allowances and the creation of burden equalization on behalf of families;
    18. elections to the European Parliament.
  2. In Federal laws on the right of succession to undivided farm estate as well as in Federal laws promulgated in accordance with para 1 subpara 10 above Land legislatures can be empowered to issue implementing provisions with respect to individual provisions which must be specifically designated. The provisions of Art. 15 para 6 shall be analogously applied to these Land laws. Execution of the implementing laws issued in such cases lies with the Federation, but the enabling ordinances, in so far as they relate to the implementing provisions of the Land law, need foregoing agreement with the Land government concerned.
  3. The Federation must allow the Laender opportunity to present their views before its conclusion of treaties which within the meaning of Art. 16 render necessary enabling measures or affect the autonomous sphere of competence of the Laender in another way. Is the Federation in possession of a uniform comment by the Laender, the Federation is bound thereby when concluding the state treaty. It may deviate there from only for compelling foreign policy reasons; the Federation must advise the Laender of these reasons without delay.
  4. (Note: Repealed by F. L.G. No. 101311994)
  5. (Note: Repealed by F.L.G. No. 101311994)
  6. (Note: Repealed by F. L.G. No. 101311994)
National vs subnational laws

Art 11

  1. In the following matters legislation is the business of the Federation, execution that of the Laender:
    1. nationality;
    2. professional associations in so far as they do not fall under Art. 10, but with the exception of those in the field of agriculture and forestry as well as in the field of alpine guidance and skiing instruction and in that of sport instruction falling within Laender autonomous competence;
    3. social housing affairs except for the promotion of domestic dwelling construction and domestic rehabilitation;
    4. road police;
    5. sanitation;
    6. inland shipping as regards shipping licences, shipping facilities and compulsory measures pertaining to such facilities in so far as it does not apply to the Danube, Lake Constance, Lake Neusiedl, and boundary stretches of other frontier waters; river and navigation police on inland waters with the exception of the Danube, Lake Constance, Lake Neusiedl, and boundary stretches of other frontier waters;
    7. Environmental impact assessment for projects relating to these matters where material effects on the environment are to be anticipated; in so far as a need for the issue of uniform regulations is considered to exist, the approval of such projects.
    8. Animal protection, to the extent not being in the competence of Federal legislation according to other regulations, with the exception of the exercise of hunting or fishing.
  2. In so far as a need for the issue of uniform regulations is considered to exist, the administrative procedure, the general provisions of administrative penal law, the administrative penal procedure and the administrative execution also in matters where legislation lies with the Laender, in particular too in matters pertaining to taxation, are prescribed by Federal law; divergent regulations can be made in Federal or Laender laws settling the individual spheres of administration only when they are requisite for regularization of the matter in hand.
  3. Enabling ordinances to the Federal laws promulgated in accordance with paras 1 and 2 above shall be issued, save as otherwise provided in these laws, by the Federation. The manner of publication for enabling ordinances whose issue by the Laender in matters concerning para 1, subparas 4 and 6 above is empowered by Federal law can be prescribed by Federal law.
  4. The application of the laws promulgated pursuant to para 2 and the enabling ordinances issued hereto lies with the Federation or the Laender, depending on whether the business which forms the subject of the procedure is a matter for execution by the Federation or the Laender.
  5. Federal laws can lay down uniform output limits for atmospheric pollutants in so far as a need for the issue of uniform regulations exists. These may not be exceeded in the Federal and Land regulations prescribed for the individual sectors of the administration.
  6. In so far as a need for the issue of uniform regulations is considered to exist, Federal law shall likewise prescribe the citizens' participation procedure for projects to be governed by Federal law, the participation in the administrative procedures subsequent to a citizens' participation procedure, and consideration of the results of the citizens' participation procedure at the time of the issue of the requisite permissions for the projects in question as well as the approval of the projects specified in Art. 10 para I subpara 9. In respect of the execution of these regulations para 4 applies.
  7. (Note: Repealed)
  8. (Note: Repealed)
  9. In the matters specified in para 1 subpara 7 and 8 the following powers are vested in the Federal Government and in the individual Federal ministries as against a Land Government:
    1. the power to inspect via Federal agencies documents of the Land authorities;
    2. the power to demand the transmission of reports respecting the execution of laws and ordinances issued by the Federation;
    3. the power to demand for the preparation of the issue of laws and ordinances by the Federation all information necessary respecting execution;
    4. the power in certain instances to demand information and the presentation of documents in so far as this is necessary for the exercise of other powers.
National vs subnational laws

Art 12

  1. Subsidiary unit government
    In the following matters legislation as regards principles is the business of the Federation, the issue of implementing laws and execution the business of the Laender:
    1. social welfare; population policy in so far as it does not fall under Art. 10; public social and welfare establishments; maternity, infant and adolescent welfare; hospitals and nursing homes; requirements to be imposed for health reasons on health resorts, sanatoria, and health establishments; natural curative resources;
    2. public institutions for the adjustment of disputes out of court;
    3. land reform, in particular land consolidation measures and resettlement;
    4. the protection of plants against diseases and pests;
    5. matters pertaining to electric power in so far as they do not fall under Art. 10;
    6. labour legislation and the protection of workers and employees in so far as it is a matter of workers and employees engaged in agriculture and forestry.
  2. In matters pertaining to land reform the final decision and that at Land level lies with tribunals composed of a chairman and judges, administrative officials, and experts; the tribunal qualified to pronounce final judgment will be constituted within the framework of the competent Federal Ministry. The organization, the duties and the procedure of the tribunals as well as the principles for the organization of other authorities concerned with matters pertaining to land reform will be prescribed by Federal law. This shall provide that the decisions by the tribunals are not subject to repeal and change by way of administrative ruling; the exclusion of ordinary appeal from the authority of first instance to the Land jurisdiction is inadmissible.
  3. If and inasmuch as the rulings of Land authorities in matters pertaining to electric power deviate from one another or a Land Government was the sole competent Land authority, the competence in such a matter passes, provided a party so demands within the deadline to be fixed by Federal law, to the Federal Ministry competent in the business. As soon as the Ministry has reached a decision, the rulings hitherto made by the Land authorities are invalidated.
  4. Fundamental laws and fundamental provisions in Federal legislation shall be expressly specified as such.
National vs subnational laws

Art 13

  1. Subsidiary unit government
    The competences of the Federation and the Laender in the field of taxation will be prescribed in a special Federal constitutional law ("Constitutional Finance Law").
  2. Budget bills, Balanced budget
    The Federation, the Laender, and the municipalities must aim at the securement of an overall balance and sustainable balanced budgets in the conduct of their economic affairs. They have to coordinate their budgeting with regard to these goals.
  3. Federation, Laender and municipalities have to aim at the equal status of women and men in the budgeting.
National vs subnational laws

Art 14

  1. Save as provided otherwise in the following paragraphs, legislation and execution in the field of schooling and in the field of education in matters pertaining to pupil and student hostels are the business of the Federation. The matters settled in Art. 14a do not belong to schooling and education within the meaning of this Article.
  2. Compulsory education
    Save as provided otherwise by para 4 subpara a below, legislation is the business of the Federation, execution the business of the Laender in matters pertaining to the service code for and staff representation rights of teachers at public compulsory schools. Such Federal laws can empower Land legislatures to issue implementing provisions to individual provisions which shall be precisely specified; in these instances the provisions of Art. 15 para 6 apply analogously. The enabling ordinances in respect of such Federation laws, save as provided otherwise herein, shall be issued by the Federation.
  3. In the following matters legislation as regards principles is the business of the Federation, the issue of implementing laws and execution the business of the Laender:
    1. composition and disposition, including their members' appointment and remuneration, of the boards to be constituted in the Laender and political districts as part of the Federal school authorities;
    2. framework organization (structure, organizational forms, establishment, maintenance, dissolution, local districts, sizes of classes and instruction periods) of public compulsory schools;
    3. framework organization of publicly maintained student hostels provided exclusively or mainly for pupils of compulsory schools;
    4. professional employment qualifications for kindergarten teachers and educational assistants to be employed by the Laender, municipalities, or municipal associations at the centres and student hostels provided exclusively or mainly for pupils of compulsory schools.
  4. In the following matters legislation and execution is the business of the Laender:
    1. competence of authorities, on the basis of laws promulgated pursuant to para 2 above, to exercise the service prerogative over teachers at public compulsory schools; the Laender laws shall provide that the Federal school authorities in the Laender and political districts must participate in appointments, other selections for service positions, and awards as well as in eligibility and disciplinary proceedings. The participation in appointments, other selections for service positions, and awards shall at all events comprise a right of nomination on the part of the primary level Federal school authority;
    2. the kindergarten system and the day-homes system.
  5. In the following matters legislation and execution are, in deviation from the provisions of paras 2 to 4 above, the business of the Federation:
    1. public demonstration schools, demonstration kindergartens, demonstration day-homes and demonstration student hostels attached to a public school for the purpose of practical instruction as provided by the curriculum;
    2. publicly maintained student hostels intended exclusively or mainly for pupils of the demonstration schools mentioned in subpara a above;
    3. the service code for and staff representation rights of teachers, educational assistants and kindergarten teachers at the public institutions mentioned in sub-paras a and b above.
  6. Democracy, Humanity, solidarity, peace and justice as well as openness and tolerance towards people are the elementary values of the school, based on which it secures for the whole population, independent from origin, social situation and financial background a maximum of educational level, permanently safeguarding and developing optimal quality. In a partnership - like cooperation between pupils, parents and teachers, children and juveniles are to be allowed the optimal intellectual, mental and physical development to let them become healthy, selfconfident, happy, performance - oriented, dutiful, talented and creative humans capable to take over responsibility for themselves, fellow human beings, environment and following generations, oriented in social, religious and moral values. Any juvenile shall in accordance with his development and educational course be led to independent judgement and social understanding, be open to political, religious and ideological thinking of others and become capable to participate in the cultural and economic life of Austria, Europe and the world and participate in the common tasks of mankind, in love for freedom and peace.
  7. Schools are institutions in which pupils shall be educated together according to a comprehensive fixed curriculum and in which, in connection with the imparting of knowledge and skills, a comprehensive educational goal is strived for. Public schools are those schools which are established and maintained by authorities so required by law. The Federation is the authority so required by law in so far as legislation and execution in matters pertaining to the establishment, maintenance and dissolution of public schools are the business of the Federation. The Land or, according to the Laender statutory provisions, the municipality or a municipal association is the authority so required by law in so far as legislation or implementing legislation and execution in matters pertaining to establishment, maintenance and dissolution of public schools are the business of the Land. Admission to public school is open to all without distinction of birth, sex, race, estate, class, language and religion, and in other respects within the limits of the statutory requirements. The same applies analogously to kindergartens, day homes and student hostels.
  8. Legislation has to provide a differentiated school system which is organized according to the educational program at least in general educational and vocational schools and according to the level of education in primary and secondary schools, in which further adequate distinguishing shall be provided for the secondary schools.
  9. Private schools are other than public schools; they shall be accorded public status according to the statutory provisions.
  10. Compulsory education
    The compulsory school attendance is at least nine years and also compulsory vocational school attendance exists.
  11. The Federation is entitled, in matters which in accordance with paras 2 and 3 appertain to the execution by the Laender, to obtain information about adherence to the laws and ordinances issued on the basis of these paragraphs and can for this purpose delegate officials to the schools and student hostels. Should shortcomings be observed, the Governor can be instructed (Art. 20 para 1) to redress the shortcomings within an appropriate deadline. The Governor must see to the redress of the shortcomings according to the statutory provisions and, to effect the execution of such instructions, is bound also to employ the means at his disposal in his capacity as an authority acting on behalf of the Land in its autonomous sphere of competence.
  12. The general rules in Arts. 10 and 21 as to the distribution of competences for legislation and execution regarding conditions of service with the Federation, the Laender, the municipalities and the municipal associations apply in respect of the service code for teachers, educational assistants and kindergarten teachers, save as provided otherwise by the preceding paragraphs. The same applies to the staff representation rights of teachers, educational assistants, and kindergarten teachers.
  13. Compulsory education
    In matters pertaining to the free attendance of schools, and the relationship between school and the Churches (religious societies) including religious instruction at school, the National Council, in so far as matters pertaining to universities and colleges are not concerned, can vote Federal legislation only in the presence of at least half the members and by a two thirds majority of the votes cast. The same applies if the principles of para 6a shall be left aside and to the ratification of state treaties negotiated in the matters mentioned above and which fall into the category specified in Art. 50.
  14. (Note: Repealed by F. L. G. No. 31611975)

Art 14a

  1. Subsidiary unit government
    Save as provided otherwise in the following paragraphs, legislation and execution are the business of the Laender with regard to agricultural and forestry schooling as well as with regard to agricultural and forestry education in matters pertaining to student hostels and in matters pertaining to the service code for and staff representation rights of teachers and educational assistants at the schools and student hostels falling under this Article. Matters pertaining to college and university training do not fall under agricultural and forestry schooling.
  2. Legislation and execution is the business of the Federation in the following matters:
    1. secondary agricultural and forestry schools and schools for the training and supplementary training of teachers at agricultural and forestry schools;
    2. technical colleges for the training of forestry employees;
    3. public agricultural and forestry technical colleges linked organizationally to one of the public schools mentioned in subparas a and b above or to a Federal agricultural and forestry research institute to ensure provision of the demonstrations scheduled in the curricula;
    4. student hostels exclusively or mainly designated for pupils of the schools mentioned in subparas a to c above;
    5. service code for and staff representational rights of the teachers and educational assistants in the establishments mentioned in subparas a to d above;
    6. subsidies for staff expenditure of the denominational agricultural and forestry schools;
    7. Federal agricultural and forestry institutes linked organizationally to an agricultural and forestry school supported by the Federation to ensure provision of the demonstrations scheduled in the curricula of these schools.
  3. Save as it concerns matters mentioned in para 2 above, legislation is the business of the Federation, execution the business of the Laender in matters of
    1. religious instruction;
    2. the service code for and staff representation rights of teachers at public agricultural and forestry vocational schools and technical colleges and of educational assistants at publicly maintained student hostels exclusively or mainly designated for pupils of these schools, excepting however matters of official competence for the exercise of the service prerogative over these teachers and educational assistants. Land legislatures can be authorized in Federal laws promulgated by reason of the provisions under subpara b above to issue implementing provisions for individual regulations which shall be precisely specified; in this connection the provisions of Art. 15 para 6 apply analogously. Enabling ordinances for the Federal laws shall, save as otherwise provided there, be issued by the Federation.
  4. Legislation as regards principles is the business of the Federation, the issue of implementing laws and execution is the business of the Laender
    1. as regards the agricultural and forestry vocational schools in matters pertaining to definitions of the instructional objective, the obligatory subjects, and free tuition as well as in matters pertaining to compulsory schooling and the transfer from the school in one Land to the school in another Land;
    2. as regards the agricultural and forestry technical colleges in matters pertaining to the definition of admission prerequisites, instructional objective, organizational forms, extent of the teaching and obligatory subjects, free tuition, and the transfer from the school in one Land to the school in another Land;
    3. in matters pertaining to the public status of private agricultural and forestry vocational schools and training colleges with the exception of schools falling under para 2 subpara b above;
    4. as regards the organization and competence of advisory boards who in the matters pertaining to para I above participate in the execution by the Laender.
  5. The establishment of the agricultural and forestry technical colleges and research institutes specified under para 2 subparas c and g above is only admissible if the Land government of the Land in which the vocational school or technical college is to have its location has agreed to the establishment. This agreement is not requisite if the establishment concerns an agricultural and forestry school which is to be organizationally linked to a school for the training and supplementary training of teachers and agricultural and forestry schools to ensure provision of the demonstrations scheduled in their curricula.
  6. It lies within the competence of the Federation to see to the observance of the regulations issued by it in matters whose execution in accordance with paras 3 and 4 appertains to the Laender.
  7. The provisions of Art. 14 paras Abs. 5a, 6, 6a, 7, 7a and 9 analogously also hold good for the spheres specified
  8. Art. 14 para 10 holds good analogously.

Art 14b

  1. Legislation as regards matters of public tendering, to the extent not being subject to para 3, is the business of the Federation.
  2. The execution in the matters of para I is
    1. Business of the Federation regarding
      1. the award of contracts by the Federation;
      2. the award of contracts by endownments, funds and institutions in the sense of Art. 126b para 1;
      3. the award of contracts by enterprises in the sense of Arts. 126b para 2, if the financial share or the influence of the Federation caused by other financial or other economic or organizational measures, is at least equal to the financial share or the influence of the Laender;
      4. the award of contracts by selfgoverning bodies corporate established by Federal law;
      5. the award of contracts by legal entities not mentioned in lit. a to d and sub-para 2 lit. a to d;
      6. financed by the Federation, if the financial contribution of the Federation is at least equal to the one of the Laender;
      7. which regarding the management are subject to the control by the Federation, to the extent the award is not subject to sublit. aa or subpara 2 lit. e sublit. aa;
      8. whose administrative-, managing- or supervising bodies consist of members having been appointed by the Federation, if the Federation has appointed at least an equal number of members like the Laender, to the extent the award is not subject to sublit. aa or bb or subpara 2 lit. e sublit. aa or bb;
      9. the joint award of contracts by the Federation and the Laender, to the extent not being subject to subpara 1 lit. f as well as the joint award of contracts by several Laender.
      10. the award of contracts by legal entities not being named in lit a to f and subpara 2;
    2. the business of the Laender regarding
      1. the award of contracts by the Land, the municipalities and associations of municipalities;
      2. the award of contracts by endownments, funds and institution in the sense of Art. 127 para I and of Art. 127 a para I and 8;
      3. the award of contracts by enterprises in the sense of Art. 126b para 2, to the extend it is not subject to subpara I lit c, as well as the award of contracts by enterprises in the sense of Art. 127 para 3 and of Art. 127a para 3 and 8;
      4. the award of contracts by selfgoverning legal entities created by Laender law;
      5. the award of contracts by legal entities not being named in subpara I lit. a to d and lit. a to d;
      6. being financed by the Land alone or jointly with the Federation or other Laender, to the extent not being subject to subpara I lit. e sublit. aa;
      7. which regarding its management are subject to the control by the Land, to the extent the award is not subject to subpara I lit. e sublit. aa or bb or sublit. aa;
      8. whose administrative-, managing- or supervisory bodies consist of members having been appointed by the Land to the extent, not being subject to subpara I lit. e sublit. aa to cc or sublit. aa or bb;
      9. the joint award of contracts by the Federation and the Laender, to the extent not being subject to subpara 1 lit. f as well as the joint award of contracts by several Laender.

    Municipalities, without regard to the number of its inhabitants, are deemed to be legal entities which in the sense of subpara I lit. b and c and of subpara 2 lit. b and c are subject to the jurisdiction of the public audit office. In the frame of subpara 1 lit. b, c, e and f tenderees in the sense of subpara 1 shall be allocated to the Federation and tenderees in the sense of subpara 2 to the respective Land. If according to subpara 2 lit. c, e or f several Laender are involved, the competence for the execution depends on the preponderance of the criterium which is or according to the respective litera (sublitera) of sub-para I would be relevant for the delimitation of the competence for execution of the Federation from the one of the Laender, then from the seat of the tenderee, then from the focal location of the business activity of tenderee, then from the seat (main residence) of the awarding institution; if, however, the competence can thus not be determined, the participating Land is competent which at the time of the institution of the award procedure is or has most recently been chairing the Federal Council.

  3. Business of the Laender is the legislation and execution in the matters of review in the frame of awarding of contracts by tenderees in the sense of para 2 subpara 2.
  4. The Federation has to grant the Laender opportunity to participate in the preparation of draft bills in the matters of para 1. Federal laws under para 1 to be promulgated, governing matters whose execution is business of the Laender, may only be published upon approval of the Laender.
  5. Execution ordinances to Federal laws under para 1 promulgated are to be issued by the Federation, to the extent these laws do not provide otherwise. Para 4 is to be applied according to such execution ordinances.
  6. The administrative authorities competent for the implementation of the review procedure may also be appointed to control the highest authorities of execution, the municipalities and municipal associations and private persons and entities named in Art. 19 para 1 by law.
National vs subnational laws, Subsidiary unit government

Art 15

  1. In so far as a matter is not expressly assigned by the Federal Constitution to the Federation for legislation or also execution, it remains within the Laender's autonomous sphere of competence.
  2. In matters of local public security administration, that is that part of public security administration which exclusively or preponderantly affects the interests of the local community personified by the municipality and which, like preservation of public decency and defence against the improper creation of noise, can suitably be undertaken by the community within its local boundaries, the Federation has authority to supervise the conduct of these matters by the municipality and to redress any observed shortcomings by instructions to the Governor (Art. 103) . Inspectoral authorities of the Federation can for this purpose be delegated to the municipality; in each and every case the Governor shall be informed hereof.
  3. The provisions of Laender legislation in matters pertaining to theatres and cinemas, public shows, performances and entertainments shall assign to the Federal police directorates within their local sphere of competence at least the superintendence of the events, in so far as this does not extend to technical operation, building police and fire police considerations, and the participation by the administration in the initial stage of grant of licences as stipulated by such legislation.
  4. To what extent the Federal police directorates shall within their local sphere of competence be assigned executive responsibility in the domain of the road police, except the local traffic police (Art. 118 para 3 subpara 4) and the river and navigation police on the Danube, Lake Constance, Lake Neusiedl, and boundary stretches of other frontier waters, shall be prescribed in corresponding laws of the Federation and the Land concerned.
  5. In so far as executive acts in building matters concern Federal-owned buildings which serve public purposes, like accommodation for Federal authorities and offices or public institutions including herein also schools and hospitals or barracks quarters for members of the Army or other Federal employees, these executive acts fall under the indirect Federal administration; the final decision on appeals rests with the Governor. Nevertheless determination of alignment and level in these cases too falls under the executive power of the Land.
  6. In so far as only legislation as regards principles has been reserved to the Federation, detailed implementation within the framework laid down by Federal law is incumbent on Land legislatures. The Federal law can fix for the issue of the implementing legislation a deadline which may not, without the consent of the Federal Council, be shorter than six months and not longer than one year. If a Land does not observe this deadline, competence for the issue of the implementing legislation passes from that Land to the Federation. As soon as the Land has issued the implementing legislation, the Federal implementing legislation becomes invalidated. If the Federation has not established any principles, Land legislation is free to settle such matters. As soon as the Federation has established principles, the provisions of Land legislation shall within the deadline to be appointed by Federal law be adjusted to the legislation as regards the
  7. If an executive act on the part of one Land in matters covered by Arts. 11, 12, 14 paras 2 und 3, and 14a paras 3 und 4 is to become effective in several Laender, the participating Laender shall take the lead in reaching an agreed basis. If within six months from the legal business arising no agreed ruling has been laid down, the competence for such an act passes, upon request by one of the Laender or one of the parties participating in the matter, to the competent Federal Ministry. The details can be settled by Federal laws promulgated under Arts. 11, 12, 14 paras 2 und 3, and 14a paras 3 und 4.
  8. In matters reserved to Federal legislation in conformity with Arts. 11 and 12, the Federation is entitled to control the observance of the regulations it has issued.
  9. Within the scope of their legislation Laender are authorized to make necessary provisions also in the field of criminal and civil law to regulate a matter.
  10. Land legislation which alters or settles along new lines the existent organization of the ordinary public administration in the Laender, may only be promulgated with the consent of the Federal Government.

Art 15a

  1. The Federation and the Laender may conclude agreements among themselves about matters within their respective sphere of competence. The conclusion of such agreements in the name of the Federation is, depending on the subject, incumbent on the Federal Government or the Federal Ministers. Agreements which are to be binding also on the authorities of the Federal legislature can be concluded by the Federal Government only with the approval of the National Council. Art. 50 para 3 shall by analogy be applied to such resolutions of the National Council; they shall be published in the Federal Law Gazette.
  2. Agreements between the Laender can only be made about matters pertaining to their autonomous sphere of competence and must without delay be brought to the Federal Government's knowledge.
  3. Treaty ratification
    The principles of international law concerning treaties shall apply to agreements within the meaning of para I above. The same holds good for agreements within the meaning of para 2 above save as provided otherwise by corresponding constitutional laws of the Laender in question.
Treaty ratification

Art 16

  1. In matters within their own sphere of competence the Laender can conclude treaties with states, or their constituent states, bordering on Austria.
  2. The Governor must inform the Federal Government before the initiation of negotiations about such a treaty. The Federal Government's approval must be obtained by the Governor before their conclusion. The approval is deemed to have been given if the Federal Government has not within eight weeks from the day that the request for approval has reached the Federal Chancellery told the Governor that approval is withheld. The authorization to initiate negotiations and to conclude the treaty is incumbent on the Federal President after the recommendation of the Land Government and with the counter-signature of the Governor.
  3. Treaties concluded by a Land in accordance with para I above shall be revoked upon request by the Federal Government. If a Land does not duly comply with this obligation, competence in the matter passes to the Federation.
  4. The Laender are bound to take measures which within their autonomous sphere of competence become necessary for the implementation of international treaties; should a Land fail to comply punctually with this obligation, competence for such measures, in particular for the issue of the necessary laws, passes to the Federation. A measure taken by the Federation pursuant to this provision, in particular the issue of such a law or the issue of such an ordinance becomes invalid as soon as the Land has taken the requisite action.
  5. In the same way the Federation is in the case of implementation of international treaties entitled to supervision also in such matters as belong to the Laenders' own sphere of competence. The powers vested in the Federation as against the Laender are in this instance the same as in matters pertaining to indirect Federal administration (Art. 102).
  6. (Note: Repealed by F. L. G. No. 101311994)

Art 17

The provisions of Arts. 10 to 15 with regard to competence of legislation and execution in no way affect the position of the Federation and the Laender as the holders of civil rights.

Art 18

  1. The entire public administration shall be based on law.
  2. Every administrative authority can on the basis of law issue ordinances within its sphere of competence.
  3. If the immediate issue of measures, which require, in accordance with the Constitution, a resolution by the National Council, becomes necessary to prevent obvious and irreparable damage to the community at a time when the National Council is not assembled, cannot meet in time, or is impeded from action by events beyond its control, the Federal President can at the recommendation of the Federal Government and on his and their responsibility take these measures by way of provisional law-amending ordinances. The Federal Government must present its recommendation with the consent of the Standing Sub-Committee to be appointed by the Main Committee of the National Council (Article 55, para 2). Such an ordinance requires the countersignature of the Federal Government.
  4. Every ordinance issued in accordance with para 3 above shall without delay be submitted by the Federal Government to the National Council which if it is not in session at this time shall be convened by the Federal President, but if it is in session by the President of the National Council on one of the eight days following the submission. Within four weeks of the submission the National Council must either vote a corresponding Federal law in place of the ordinance or pass a resolution demanding that the ordinance immediately become invalidated. In the latter case the Federal Government must immediately meet this demand. In order that the resolution of the National Council may be adopted in time, the President shall at the latest submit the motion to the vote on the last day but one before expiry of the four weeks deadline; detailed provisions shall be made in the Federal law on the National Council's Standing Orders. If the ordinance is, in accordance with the previous provisions, rescinded by the Federal Government, the legal provisions which had been invalidated by the ordinance become effective again on the day of entry into force of the rescission.
  5. The ordinances specified in para 3 above may not contain an amendment to provisions of Federal constitutional law and may have for their subject neither a permanent financial burden on the Federation nor a financial burden on the Laender or municipalities nor financial commitments for citizens nor an alienation of state property nor measures pertaining to matters specified in Art. 10 para 1 subpara 11 nor, finally, such as concern the right of collective association or rent protection.

Art 19

  1. The highest executive authorities are the Federal President, the Federal Ministers and the State Secretaries, and the members of the Land Governments.
  2. The admissibility of activities in the private sector of the economy by the authorities specified in para I above and other public functionaries can be restricted by Federal law.

Art 20

  1. Under the direction of the highest authorities of the Federation and the Laender elected functionaries, appointed professional functionaries or contractually appointed functionaries conduct the administration in accordance with the provisions of the laws. They are responsible to their superiors for the exercise of their office and, save as provided otherwise by laws pursuant to para 2, bound by the instructions of these. The subordinate officer can refuse compliance with an instruction if the instruction was given by an authority not competent in the matter or compliance would infringe the criminal code.
  2. By law functionaries may
    1. for expert review,
    2. to control the observance of legality of the administration as well for control in matters of public tendering,
    3. to decide in final instance, if being instituted as panel, of which at least one person is a judge and whose decisions are not subject to repeal or change by way of administrative ruling,
    4. with arbitration-, mediation- and representation of interests agenda,
    5. to safeguard competition and implement economic inspection,
    6. to implement certain matters of service- and disciplinary rules,
    7. to implement and organize elections, or,
    8. to the extent necessary according to the law of the European Union,

    be dispensed from being bound by instructions of their superior functionaries. Laender constitutional laws may create further categories of functionaries being dispensed from instructions. By law a right of supervision of the highest authorities adequate to the task of the functionaries being dispensed from instructions is to be provided, at least the right of information about all acts of the activity of the functionary being dispensed from instructions and - to the extent the organs are not subject to sub-para 2, 3 and 8 - the right to remove functionaries dispensed from instruction from office.

  3. All functionaries entrusted with Federal, Laender and municipal administrative duties as well as the functionaries of other public law corporate bodies are, save as otherwise provided by law, pledged to confidentiality about all facts of which they have obtained knowledge exclusively from their official activity and which have to be kept confidential in the interest of the maintenance of public peace, order and security, of comprehensive national defence, of external relations, in the interest of a public law corporate body, for the preparation of a ruling or in the preponderant interest of the parties involved (official confidentiality. Official secrecy does not exist for functionaries appointed by a popular representative body if it expressly asks for such information.
  4. Right to information
    All functionaries entrusted with Federation, Laender and municipal administrative duties as well as the functionaries of other public law corporate bodies shall impart information about matters pertaining to their sphere of competence in so far as this does not conflict with a legal obligation to maintain confidentiality; an onus on professional associations to supply information extends only to members of their respective organizations and this inasmuch as fulfilment of their statutory functions is not impeded. The detailed regulations are, as regards the Federal authorities and the self-administration to be settled by Federal law in respect of legislation and execution, the business of the Federation; as regards the Laender and municipal authorities and the self-administration to be settled by Land law in respect of framework legislation, they are the business of the Federation while the implemental legislation and execution are Land business.

Art 21

  1. Legislation and execution in matters pertaining to the service code, including the regulations on service contracts, for and staff representation rights of employees of the Laender, the municipalities, and the municipal associations are, save as provided otherwise in the case of all these matters by para 2 below, by Art. 14 para 2 and para 3 subpara d and para 5 subpara c and Art. 14a para 2 subpara e and para 3 subpara b incumbent on the Laender. Disputes arising from contractual employment are settled by the courts.
  2. Legislation and execution in matters pertaining to employee protection for functionaries (para 1) and to staff representation of Laender functionaries, in so far as they are not engaged in enterprises, are incumbent on the Laender. In so far as in accordance with the first sentence the Laender are not competent, the aforementioned matters fall within the competence of the Federation.
  3. Save as provided otherwise by this law, the service prerogative with regard to employees of the Federation is exercised by the highest authorities of the Federation. The service prerogative with regard to employees of the Laender is exercised by the highest authorities of the Laender; in so far as this law provides for appropriate exceptions with regard to employees of the Federation, it may be laid down by Land constitutional law that the service prerogative with regard to employees of the Land is exercised by equivalent authorities.
  4. The possibility of an alternation of service between the Federation, the Laender, the municipalities, and the municipal associations remains guaranteed at all times to public employees. Legal provisions, according to which times of service are taken into account differently depending on whether they were served with the Federation, a Land, a municipality- or a municipal association, are inadmissible. In order to enable the service code, the staff representation regulations and the employee protection scheme of the Federation, the Laender, and the municipalities to develop along equal lines, the Federation and the Laender shall inform each other about their plans in these matters.
  5. Legislation can provide that
    1. civil servants are appointed temporarily for the performance of particular directorial functions or in cases where due to the nature of the duty this is necessary;
    2. after expiry of the temporary term or upon change in the organization of the authorities or of the service code structures by law no appointment is necessary;
    3. no appointment is necessary in cases of a transfer or a change in the employment in so far as competence for the appointment is assigned pursuant to Art. 66 para 1.
  6. In the cases of para 5 no one is entitled to an equal position.

Art 22

All authorities of the Federation, the Laender and the municipalities are bound within the framework of their legal sphere of competence to render each other mutual assistance.

Art 23

  1. The Federation, the Laender, the municipalities and the other bodies and institutions established under public law are liable for the injury which persons acting on their behalf in execution of the laws have by illegal behaviour culpably inflicted on whomsoever.
  2. Persons acting on behalf of one of the legal entities specified in para 1 above are liable to it, in so far as intent or gross negligence can be laid to their charge, for the injury for which the legal entity has indemnified the injured party.
  3. Persons acting on behalf of one of the legal entities specified in para I above are liable for the injury which in execution of the laws they have by illegal behaviour inflicted directly on the legal entity.
  4. The detailed provisions with respect to paras I to 3 above will be made by Federal law.
  5. A Federal law can also provide to what extent special provisions deviating from the principles laid down in paras I to 3 above apply in the field of the postal and telecommunication systems.

Section B. European Union

Regional group(s), International organizations

Art 23a

  1. Restrictions on voting
    The members of the European Parliament shall in Austria be elected in accordance with the principles of proportional representation on the basis of equal, direct, personal, free and secret suffrage be men and women who have completed their sixteenth year of life on the day of election and on the day appointed for election are either endowed with Austrian nationality and not excluded from suffrage under the provisos of European Union law or endowed with the nationality of another member state of the European Union and qualified to vote under the provisos of European Union Law.
  2. Federal territory constitutes for elections to the European Parliament a single electoral body.
  3. Eligible for election are all those in Austria entitled to vote for the European Parliament having completed their eighteenth year of life on the day of election.
  4. Art. 26 para 5 to 8 is to be applied accordingly.
  5. (Note: Repealed by F.L.G. I No. 2712007)
  6. (Note: Repealed by F. L.G. I No. 2712007)

Art 23b

  1. Public employees who seek a seat in the European Parliament shall be granted the time necessary for the canvassing of votes. Public employees who have been elected to membership of the European Parliament shall for the duration of their duties be suspended from office accompanied by loss of their emoluments. The detailed provisions will be settled by law.
  2. University teachers can continue their activity in research and teaching and their examination activity also while they belong to the European Parliament. The emoluments for such activity shall be calculated in accordance with the services actually performed, but may not exceed twenty-five per cent of a university teacher's salary.
  3. In so far as this Federal constitutional law stipulates the incompatibility of functions with membership or former membership of the National Council, these functions shall also be incompatible with membership or former membership of the European Parliament.

Art 23c

  1. Austrian participation in the nomination of members of the Commission, the Court of Justice, the Court of First Instance, the Court of Auditors, the Managing Committee of the European Investment Bank, the Economic and Social Committee, and the Committee of the Regions within the framework of the European Union is incumbent upon the Federal Government.
  2. The Federal Government shall reach agreement with the Main Committee of the Nationarat respecting the members of the Commission, the Court of Justice, the Court of First Instance, the Court of Auditors and the Managing Committee of the European Investment Bank. The Federal Government shall simultaneously inform the Main Committee of the National Council and the Federal President of its planned decision.
  3. The Federal Government shall on behalf of members of the Economic and Social Committee seek proposals from the statutory and other professional bodies of the various groups constituting the economic and social community.
  4. Austrian participation in the nomination of members of the Committee of the Regions and their deputies shall be effected on the basis of proposals from the Laender as well as from the Austrian Association of Cities and Towns (Austrian Municipal Federation) and the Austrian Association of municipalities (Austrian Communal Federation). In this connection the Laender shall propose respectively one, the Austrian Association of Cities and Towns and the Austrian Association of municipalities jointly three representatives.
  5. The Federal Government shall inform the National Council of the members named pursuant to paras 3 and 4 above. The Federal Government shall inform the Federal Council of the members named pursuant to paras 2, 3 and 4 above.

Art 23d

  1. The Federation must inform the Laender without delay regarding all projects within the framework of the European Union which affect the Laender's autonomous sphere of competence or could otherwise be of interest to them and it must allow them opportunity to present their views within a reasonable interval to be fixed by the Federation. Such comments shall be addressed to the Federal Chancellery. The same holds good for the municipalities in so far as their own sphere of competence or other important interests of the municipalities are affected. Representation of the municipalities is in these matters incumbent on the Austrian Association of Cities and Towns (Austrian Municipal Federation) and the Austrian Association of municipalities (Austrian Communal Federation) (Art. 115 para 3).
  2. Is the Federation in possession of a uniform comment by the Laender on a project within the framework of European Union where legislation is Land business, the Federation is bound thereby in negotiations with and voting in the European Union. It may deviate therefrom only for compelling foreign and integration policy reasons. The Federation must advise the Laender of these reasons without delay.
  3. In so far as a project within the framework of the European Union affects also matters whose legislation is Lander business, the Federal Government can assign to a representative nominated by the Laender participation in the Council's formation of its objective. The exercise of this authority will be effected in co-operation with the competent member of the Federal Government and in co-ordination with the latter. Para 2 above applies to such a Land representative. In matters pertaining to Federal legislation the Laender representative is responsible to the National Council, in matters pertaining to Land legislation to the Land legislatures in accordance in respect with Art. 142.
  4. The more detailed provisions in respect of paras I to 3 above shall be established in an agreement between the Federation and the Laender (Art. 15a para 1).
  5. The Laender are bound to take measures which within their autonomous sphere of competence become necessary for the implementation of juridical acts within the framework of European integration; should a Land fail to comply punctually with this obligation and this be established against Austria by a court within the framework of European Union, the competence for such measures, in particular the issuance of the necessary laws, passes to the Federation. A measure taken by the Federation pursuant to this provision, in particular the issue of such a law or the issue of such an ordinance, becomes invalid as soon as the Land has taken the requisite action.

Art 23e

  1. The competent member of the Federal Government shall without delay inform the National Council and the Federal Council about all projects within the framework of the European Union and afford them opportunity to vent their opinion.
  2. Is the competent member of the Federal Government in possession of an opinion by the National Council about a project within the framework of the European Union which shall be passed into Federal law or which bears upon the issue of a directly applicable juridical act concerning matters which would need to be settled by Federal legislation, then the member is bound by this opinion during European Union negotiations and voting. Deviation is only admissible for imperative foreign and integrative policy reasons.
  3. If the competent member of the Federal Government wishes to deviate from an opinion by the National Council pursuant to para 2 above, then the National Council shall again be approached. In so far as the juridical act under preparation by the European Union would signify an amendment to existing Federal constitutional law, a deviation is at all events only admissible if the National Council does not controvert it within an appropriate time.
  4. If the National Council has pursuant to para 2 above delivered an opinion, then the competent member of the Federal Government shall report to the National Council after the vote in the European Union. In particular the competent member of the Federal Government shall, if deviation from an opinion by the National Council has occurred, without delay inform the National Council of the reasons therefore.
  5. The maintenance of the National Council's competencies pursuant to paras I to 4 above is in principle incumbent on its Main Committee. The more detailed provisions relating to this will be settled by the Federal law on the National Council's Standing Orders. On this occasion there can be settled in particular the extent to which a separate standing sub-committee of the Main Committee shall for the treatment of projects within the framework of the European Union be competent and the maintenance of the National Council's competencies pursuant to paras 1 to 4 above is reserved to the National Council itself. Art. 55 para 2 holds good for the standing sub-committee.
  6. Is the competent member of the Federal Government in possession of an opinion by the Federal Council about a project within the framework of the European Union which needs imperatively be implemented by a Federal constitutional law that would in accordance with Art. 44 paras 2 require the agreement of the Federal Council, then the member is bound by this opinion during European Union negotiations and voting. Deviation is only admissible for imperative foreign and integrative policy reasons. The maintenance of the Federal Council's competencies pursuant to para 1 above and this paragraph will be settled in more detail by the Standing Orders of the Federal Council. On this occasion there can be settled in particular the extent to which a specifically designated committee shall for the treatment of projects within the framework of the European Union be competent instead of the Federal Council and the extent to which the maintenance of the Federal Council's competencies pursuant the para 1 and this paragraph is reserved to the Federal Council itself.

Art 23f

  1. Austria takes part in the Common Foreign and Security Policy of the European Union by reason of Title V of the Treaty on European Union, as amended by the Treaty of Nice . This includes participation in tasks under Article 17 para 2 of this Treaty as well as in measures whereby the economic relations with one or more third party countries are suspended, restricted or completely ceased. Art. 50 para 4 is to be applied accordingly to resolutions of the European council on a joint defence.
  2. Article 23e paras 2 to 5 hold good for voting within the framework of the Common Foreign and Security Policy of the European Union by reason of Title V and of police and judicial cooperation in criminal matters by reason of Title VI of the Treaty on European Union, as amended by the Treaty of Nice
  3. Voting on decisions concerning peace-keeping tasks and the tasks of combat forces in crisis management, including peace-making, as well as on decisions under Article 17 of the Treaty on European Union, as amended by the Treaty of Nice , concerning the progressive framing of a common defence policy requires the agreement between the Federal Chancellor and the Federal Minister in charge of Foreign Affairs.
  4. If the decision to be adopted is likely to entail an obligation for Austria to dispatch units or individual persons, measures to be taken in accordance with para 3 may be approved only with the reservation that this still requires the conduct of the procedure provided for under constitutional law governing the dispatch of units or individual persons to other countries.

Chapter II. Federal Legislation

Section A. The National Council

Structure of legislative chamber(s)

Art 24

The legislative power of the Federation is exercised by the National Council jointly with the Federal Council.

Structure of legislative chamber(s)

Art 25

  1. National capital
    The seat of the National Council is Vienna, the Federal capital.
  2. For the duration of extraordinary circumstances the Federal President can at the request of the Federal Government convoke the National Council elsewhere within the Federal territory.

Art 26

  1. Restrictions on voting, Claim of universal suffrage, First chamber selection
    The National Council is elected by the Federal people in accordance with the principles of proportional representation on the basis of equal, direct, personal, free and secret suffrage by men and women who have completed their sixteenth year of life on the day of election.
  2. First chamber selection, Electoral districts
    The Federal territory will be divided into self-contained constituencies whose boundaries may not overlap the Laender boundaries; these constituencies shall be sub-divided into self-contained regional constituencies. The number of deputies will be divided among the qualified voters of the constituencies (electoral bodies) in proportion to the number of nationals who in accordance with the result of the last census had their principal domicile in a particular constituency plus the number of those who on the day of the census did not have their principal domicile in Federal territory, but were entered on the electoral register of a municipality pertaining to that particular constituency; the number of deputies allocated to a constituency will be divided in the same way among the regional constituencies. The National Council electoral regulations shall provide for a final distribution procedure relating to the whole Federal territory whereby in accordance with the principles of proportional representation which ensures a balance between the seats allocated to the parties standing for election in the constituencies and the distribution of the as yet unallocated seats. A division of the electorate into other electoral bodies is not admissible.
  3. Scheduling of elections
    The day of election must be a Sunday or other public holiday. If other circumstances arise that impede the start, the continuation or the conclusion of the election , the electoral board can prolong to the next day or adjourn the election
  4. Eligibility for first chamber, Minimum age of head of government, Eligibility for head of government, Minimum age for first chamber, Eligibility for cabinet
    Eligible for election are those being entitled to vote for the National Council, who are in the possession of the Austrian nationality on the keydate and have completed their eighteenth year of life on the day of election.
  5. Exclusion from the right to vote and from eligibility can only ensue from a sentence by the courts.
  6. Electoral commission
    Persons entitled to vote presumably prevented on the day of election to cast their vote before the electoral authority, for example for absence, for reasons of health or staying abroad may make use of their right to vote by postal ballot upon application indicating the reason. The identity of the applicant is to be proven prima facie. The qualified voter has to declare by signature in lieu of oath, that the vote has been cast personally and confidentially.
  7. The electoral register will be drawn up by the municipalities as part of their assigned sphere of competence.
  8. Further details of the electoral procedure are determined by Federal law.

Art 26a

The implementation and organization of the elections to the European Parliament, the National Council, the Federal President and of referenda as well as the participation in the control of popular initiatives, consultations of the people and plebiscites is incumbent to election authorities being constituted anew before each election to the National Council. Members of the campaigning parties have to sit in the election authority, as committee members, having a vote, in the Federal election authority also active or retired judges; the number of committee members is to be determined in the election rules to the National Council. The members not being judges shall be appointed on the basis of proposals of the campaigning parties corresponding to their proportion in the preceding election to the National Council. Parties represented in the recently elected National Council not being entitled to the appointment of committee members are however entitled to propose a committee member for the Federal election authority.

Art 27

  1. Term length for first chamber
    The legislative period of the National Council lasts five years, calculated from the day of its first meeting, but in any case until the day on which the new National Council meets.
  2. The newly elected National Council shall be convened by the Federal President within thirty days after the election. The latter shall be so arranged by the Federal Government as to enable the newly elected National Council to meet on the day after the expiry of the fifth year of the legislative period.
Length of legislative sessions

Art 28

  1. The Federal President convokes the National Council each year for an ordinary session which shall not begin before 15 September and not last longer than 15 July the following year.
  2. Extraordinary legislative sessions
    The Federal President can also convoke the National Council for extraordinary sessions. If the Federal Government or at least one third of the members of the National or the Federal Council so demands, the Federal President is bound to convoke the National Council for an extraordinary session to meet moreover within two weeks of the demand reaching him; the convocation needs no countersignature. A request by members of the National Council or by the Federal Council does not require a recommendation by the Federal Government.
  3. The Federal President declares sessions of the National Council closed in pursuance of a vote by the National Council.
  4. Upon the opening of a new National Council session within the same legislative period work will be continued in accordance with the stage reached at the close of the last session. At the end of a session individual committees can be instructed by the National Council to continue their work. From the beginning of a legislative period popular initiatives and citizens' initiatives submitted to the National Council are regarded as business for the newly elected National Council. The Federal law on the National Council's Standing Orders can determine the same for further business.
  5. During a session the President of the National Council convokes the individual sittings. If during a session the number of members stipulated by the Federal law on the National Council's Standing Orders or the Federal Government so demands, the President is bound to convoke a sitting. More detailed provisions are settled by the Federal law on the National Council's Standing Orders which shall also prescribe a period within which the National Council must convene.
  6. The Federal law on the National Council's Standing Orders shall lay down special provisions for its convocation in the event of the elected President's being precluded from the performance of their office or being deprived of their functions.
Dismissal of the legislature

Art 29

  1. The Federal President can dissolve the National Council, but he may avail himself of this prerogative only once for the same reason. In such case the new election shall be so arranged by the Federal Government that the newly elected National Council can at the latest meet on the hundredth day after the dissolution.
  2. Before expiry of a legislative period the National Council can vote its own dissolution by simple law.
  3. After a dissolution pursuant to para 2 above as well as after expiry of the period for which the National Council has been elected, the legislative period lasts until the day on which the newly elected National Council meets.

Art 30

  1. Leader of first chamber
    The National Council elects the President, the Second and Third Presidents from among its members.
  2. The business of the National Council is conducted in pursuance of a special Federal law. The Federal law on the National Council's Standing Orders can only be passed in the presence of half the members and by a two thirds majority of the votes cast.
  3. The Parliamentary Staff, which is subordinate to the President of the National Council, is competent for the assistance with Parliamentary tasks and the conduct of administrative matters within the scope of the authorities of the Federation's legislature as well as of similar tasks and administrative matters concerning the members of the European Parliament having been elected in Austria . The internal organization of the Parliamentary staff for matters pertaining to the Federal Council shall be settled in agreement with the Chairman of the Federal Council who is likewise invested with authority to issue instructions as to implementation of the functions assigned to the Federal Council on the basis of the law.
  4. The nomination of Parliamentary Staff employees and all other competences in personnel matters lie with the President of the National Council.
  5. The President of the National Council can second Parliamentary Staff employees to parliamentary parties for help in the fulfillment of parliamentary duties.
  6. The President of the National Council is the highest administrative authority in the execution of the administrative matters for which he is in accordance with this Article competent and he exercises these powers in his own right. He mag issue ordinances inasmuch as these exclusively concern administrative matters regulated by this Article.
Quorum for legislative sessions

Art 31

Save as otherwise provided in this law or as otherwise laid down in the Federal law on the Standing Orders with regard to individual matters, the presence of at least one third of the members and an absolute majority of the votes cast is requisite to a vote by the National Council.

Art 32

  1. Public or private sessions
    The sessions of the National Council are public.
  2. The public shall be excluded if the Chairman or the number of members established in the Federal law on the National Council's Standing Orders so demands and the National Council votes this after the withdrawal of the audience.
Legislative committees

Art 33

No one shall be called to account for publishing the accounts of proceedings in the public sessions of the National Council and its committees.

Section B. The Federal Council

Structure of legislative chamber(s)

Art 34

  1. Pursuant to the following provisions, the Laender are represented in the Federal Council in proportion to the number of nationals in each Land.
  2. Replacement of legislators
    The Land with the largest number of citizens delegates twelve members, every other Land as many as the ratio in which its nationals stand to those in the first mentioned Land, with remainders which exceed half the coefficient counting as full. Every Land is however entitled to a representation of at least three members. A substitute will be appointed for each member.
  3. The number of members to be delegated by each Land accordingly will be laid down after every general census by the Federal President.

Art 35

  1. Second chamber selection
    The members of the Federal Council and their substitutes are elected by the Diets for the duration of their respective legislative periods in accordance with the principle of proportional representation but at least one seat must fall to the party having the second largest number of seats in a Diet or, should several parties have the same number of seats, the second highest number of votes at the last election to the Diet. When the claims of several parties are equal, the issue shall be decided by lot.
  2. The members of the Federal Council need not belong to the Diet which dele- gates them; they must however be eligible for that Diet.
  3. After expiry of the legislative period of a Diet or after its dissolution the members delegated by it to the Federal Council remain in office until such time as the new Diet has held the election to the Federal Council.
  4. The provisions of Arts. 34 and 35 can only be amended - apart from the majority of votes requisite in general to the adoption of a resolution there - if in the Federal Council the majority of the representatives from at least four Laender has approved the amendment.

Art 36

  1. The Laender succeed each other in alphabetical order every six months in the chairmanship of the Federal Council.
  2. Leader of second chamber
    As chairman acts the top-listed representative of the Land designated for the chair, whose mandate goes to the party having the largest number of seats in the Diet or, if several parties have an equal number of seats, had the highest number of voters in the most recent Diet election; in case of equal entitlements of several parties the decision is made by lot. However, the Diet can resolve, that the chair shall be held by another representative of the Land, whose mandate in the Federal Council is with the same party; such resolution however requires the approval of the majority of those members of the Diet, whose mandates in the Diet are with this party. The appointment of the deputies of the chairman is governed by the Federal Council's Standing Orders. The chairman carries the title "President of the Federal Council", his deputies carry the title "Vice-President of the Federal Council".
  3. The Federal Council will be convoked by its Chairman at the seat of the National Council. The Chairman is bound immediately to convoke the Federal Council if at least one quarter of its members or if the Federal Government so demands.
  4. The Governors are entitled to participate in all Federal Council proceedings. In accordance with the specific rules of the Federal Council's Standing Orders they have at their request always the right to be heard on business relating to their Land.
Quorum for legislative sessions

Art 37

  1. Save as otherwise provided by this law or as otherwise laid down in the Federal Council's Standing Orders in regard to individual matters, the presence of at least one third of the members and an absolute majority of the votes cast is requisite for a resolution by the Federal Council.
  2. The Federal Council furnishes itself with Standing Orders by way of resolution. This resolution can only be adopted in the presence of half the members with a two thirds majority of the votes cast. Provisions effectual also beyond the internal scope of the Federal Council can be made in the Standing Orders in so far as this is requisite for its handling of business. The Standing Orders have the status of a Federal law; they shall be published by the Federal Chancellor in the Federal Law Gazette.
  3. Public or private sessions
    The meetings of the Federal Council are public. Nevertheless the public can, pursuant to the provisions of the Standing Orders, be excluded by resolution. The provisions of Art. 33 apply also to public meetings of the Federal Council and its committees.

Section C. The Bundesversammlung.

Joint meetings of legislative chambers, Power to declare/approve war

Art 38

The National Council and the Federal Council meet as the Federal Assembly in joint public session at the seat of the National Council for the affirmation of the Federal President as well as for the adoption of a resolution on a declaration of war.

Art 39

  1. Apart from the cases stated in Art. 60 para 6 Art. 63 para 2, Art. 64 para 4, and Art. 68 para 2, the Federal Assembly is convoked by the Federal President. The chairmanship alternates between the President of the National Council and the Chairman of the Federal Council, beginning with the former.
  2. The Federal Law on the National Council's Standing Orders is applied analogously in the Federal Assembly.
  3. The provisions of Art. 33 hold good also for the sessions of the Federal Assembly.

Art 40

  1. The resolutions of the Federal Assembly are authenticated by its Chairman and countersigned by the Federal Chancellor.
  2. The resolutions of the Federal Assembly upon a declaration of war shall be officially published by the Federal Chancellor.

Section D. Federal Legislative Procedure

Initiation of general legislation

Art 41

  1. Legislative proposals are submitted to the National Council as motions by its members, by the Federal Council or by one third of the Federal Council's members, and as bills by the Federal Government.
  2. Legislative initiatives by citizens
    Every motion by 100,000 voters or by one sixth each of the voters in three Laender (henceforth called "popular initiative") shall be submitted by the Federal electoral board to the National Council for action. The right to vote, as to popular initiatives, appertains to those who on the last day of registration for National Council suffrage and have their principal domicile in a municipality in Federal territory. The popular initiative must concern a matter to be settled by Federal law and can be put forward in the form of a draft law.
  3. The detailed provisions on the procedure for the popular initiative shall be made by Federal Law.
Division of labor between chambers

Art 42

  1. Every enactment of the National Council shall without delay be conveyed by its President to the Federal Council.
  2. Save as otherwise provided by constitutional law, an enactment can be authenticated and published only if the Federal Council has not raised a reasoned objection to this enactment.
  3. This objection must be conveyed to the National Council in writing by the Chairman of the Federal Council within eight weeks of the enactment's arrival; the Federal Chancellor shall be informed thereof.
  4. If the National Council in the presence of at least half its members once more carries its original resolution, this shall be authenticated and published. If the Federal Council resolves not to raise any objection or if no reasoned objection is raised within the deadline laid down in para 3 above, the enactment shall be authenticated and published.
  5. Second chamber reserved policy areas
    The Federal Council has no claim to participation in so far as National Council resolutions concern the National Council's Standing Orders, the dissolution of the National Council, a Federal Law providing detailed regulations on the making of the Federal finance frame law, the Federal finance law and on the household of the Federation a Federal finance law, a temporary provision consonant with Art. 5 la para 4 or a disposal of Federal property, the assumption or conversion of a Federal liability, the contraction or the conversion of a Federal monetary debt, the sanction of a final Federal budget account.
Referenda

Art 43

If the National Council so resolves or if the majority of members of the National Council so demands, every enactment of the National Council shall be submitted to a referendum upon conclusion of the procedure pursuant to Art. 42 above but before its authentication by the Federal President.

Constitution amendment procedure

Art 44

  1. Supermajority required for legislation
    Constitutional laws or constitutional provisions contained in simple laws can be passed by the National Council only in the presence of at least half the members and by a two thirds majority of the votes cast; they shall be explicitly specified as such ("constitutional law", "constitutional provision").
  2. Constitutional laws or constitutional provisions contained in simple laws restricting the competence of the Laender in legislation or execution require furthermore the approval of the Federal Council which must be imparted in the presence of at least half the members and by a two thirds majority of the votes cast.
  3. Any total revision of the Federal Constitution shall upon conclusion of the procedure pursuant to Art. 42 above but before its authentication by the Federal President be submitted to a referendum by the Federal people whereas any partial revision requires this only if one third of the members of the National Council or the Federal Council so demands.

Art 45

  1. For a referendum the absolute majority of the validly cast votes is decisive.
  2. The result of a referendum shall be officially announced.
Restrictions on voting, Referenda

Art 46

  1. A referendum takes place at the order of the Federal President.
  2. Entitled to vote in referenda is who possesses the suffrage to the National Council on the day of the referendum.
  3. The detailed provisions on the procedure for the plebiscite shall be made by Federal Law. Art. 26 para 6 is to be applied analogously.

Art 47

  1. The constitutional enactment of Federal laws is authenticated by the Federal President.
  2. The submission for authentication is effected by the Federal Chancellor.
  3. The authentication shall be countersigned by the Federal Chancellor.

Art 48

Federal laws and state treaties having been approved according to Art. 50 para 1 will be published with reference to their adoption by the National Council, Federal laws based upon a referendum with reference to the result of that referendum.

Art 49

  1. Federal laws shall be published by the Federal Chancellor in the Federal Law Gazette. Unless explicitly provided otherwise, their entry into force begins with expiry of the day of their publication and it extends to the entire Federal territory.
  2. The state treaties approved according to Art. 50 para 1 are to be published by the Federal Chancellor in the Federal Law Gazette. The National Council can on the occasion of the approval of state treaties pursuant to Art.50 resolve in which other way the publication of the state treaty or single parts exactly to be specified shall take place; such resolutions of the Federal Council are to be published by the Federal Chancellor in the Federal Law Gazette. Unless explicitly provided otherwise, state treaties approved according to Art. 50 para 1 enter into force upon expiry of the day of its publication - in the case of the second phrase upon expiry of the date of proclamation of the resolution of the National Council - and extend to the entire Federal territory; this does not apply to state treaties to be implemented by passing laws (Art. 50 para 2).
  3. Announcements in the Federal Law Gazette and according to para 2 second phrase must be accessible to the general public and be ascertained completely and forever in the published form.
  4. The detailed provisions on the proclamation on the Federal Law Gazette shall be made by Federal Law.

Art 49a

  1. The Federal Chancellor is empowered jointly with the competent Federal Ministers to restate Federal laws, with the exception of this Law, and treaties published in the Federal Law Gazette in their valid version by proclamation in the Federal Law Gazette.
  2. In the proclamation on the republication
    1. obsolete terminological expressions can be rectified and outdated spelling assimilated to the new manner of writing;
    2. references to other regulations which no longer tally with current legislation as well as other inconsistencies can be rectified;
    3. provisions which have been nullified by later regulations or otherwise rendered void can be declared no longer valid;
    4. title abridgements and alphabetical abbreviations of titles can be laid down;
    5. the designations of articles, sections, paragraphs, and the like can in case of elimination or insertion be correspondingly altered and in this connection references thereto within the text of the regulation be appropriately rectified;
    6. interim provisions as well as earlier still applicable versions of the Federal law (state treaty) can by specification of their purview be summarized.
  3. Unless explicitly provided otherwise republished Federal Law (the republished state treaty) and the other regulations contained in the proclamation enter into forces upon expiry of the day of proclamation.
Referenda

Art 49b

  1. A consultation of the people on a matter of fundamental and overall national importance for whose settlement the legislature is competent must take place if the National Council votes it by reason of a motion from its members or from the Federal Government. Elections and matters subject to a decision by a court or an administrative authority cannot be the topic of a consultation of the people.
  2. A motion pursuant to para 1 above must include a proposal for the formulation of the question to be basically put in the consultation of the people. This must consist either of a question to be answered with "Yes" or "No" or of two alternative solution proposals.
  3. Consultations of the people shall be implemented in a manner analogous to Arts. 45 and 46. The right to vote, as to consultations of the people, appertains to those who on the day appointed for consultation possess National Council suffrage. The Federal electoral board must submit the result of a consultation to the National Council and the Federal Government.

Section E. Participation of the National Council and of the Federal Council in the Execution by the Federation

Treaty ratification

Art 50

  1. The conclusion of
    1. Political state treaties and state treaties the contents of which modify or complement existent laws and do not fall under Art. 16 para 1, as well as
    2. State treaties by which the contractual bases of the European Union are modified,

    require the approval of the National Council.

  2. To state treaties according to para 1 subpara 1 additionally the following applies:
    1. In case a state treaty provides its simplified modification such modification does not require approval according to para 1, unless the National Council has reserved such approval.
    2. State treaties approved according to para I subpara I require the approval of the Federal Council to the extent they settle matters falling within the autonomous sphere of competence of the Laender.
    3. At the time of approval of a state treaty, the National Council can resolve to which extent the treaty in question shall be implemented by the issue of laws.
  3. Art. 42 paras I to 4 inclusive shall be analogously applied to resolutions of the National Council in accordance with paras I subpara I and para 2 subpara 3 above.
  4. Notwithstanding Art. 44 para 3 state treaties according to para 1 subpara 2 may only be concluded with the approval of the National Council and the approval of the Federal Council. These resolutions each require the presence of at least half of its members and the majority of two thirds of the votes cast.
  5. The National Council and the Federal Council are to be informed without delay on the beginning of negotiations of a state treaty according to para 1.
Budget bills

Art 51

  1. The National Council votes the Federal Finance Frame Law and within its limits the Federal Finance Law. The respective Federal Government's draft shall form the basis of the debates.
  2. The Federal Government has to submit to the National Council every year the latest at a deadline fixed in a Federal law, the draft of a Finance frame law or the draft of a Federal law by which the Federal Frame Finance Law is modified. The federal finance frame law has to contain upper limits for the financial means to be approved by the National Council in the respective financial frame law to be approved on the basis of categories as well as the basics of the personal planning; exempted from this is the use of means for the repayment of financial debts and of monetary commitments for the temporary strengthening of cash funds and the use of means as result of capital ex- change in case of foreign exchange agreements. For further subcategories upper limits are to be provided for the subsequent financial year and the next following three financial years.
  3. The Federal Government must submit to the National Council the draft of a Federal Finance Law for the ensuing fiscal year for which a Federal Finance Law is to be resolved at the latest ten weeks before the beginning of the fiscal year. Exceptionally the Federal Government may submit the draft of a Federal Finance Law also for the subsequent and the next following finance year, separate according to the years, to the National Council.
  4. In case a Federal Finance Law is passed for the subsequent and the next subsequent finance year, in the second half of the subsequent finance year, the draft of a Federal law, modifying the Federal Finance Act, is to be submitted by the Federal Government the latest ten weeks before the beginning of the next subsequent finance year, to the National Council. The modifications of the Federal Finance Law contained therein have in any case to make reference to the next subsequent finance year. The draft is to be negotiated by the National Council till the end of the subsequent finance year. Art. 51 a para I and para 2 are to be applied accordingly.
  5. The Federal Finance Law shall include as annexes the Federal budget estimates and the personal planning as well as other elements material for the management of the household..
  6. To the management of the household of the Federation apply.
    1. Upper limits of the categories of the Federal Finance Frame Law may neither be exceeded nor may such exceeding the authorized, except in case of defence (Art. 5 1b para 4) and to the extent coverage is safeguarded by economizing or additional revenue - in case of imminent danger (Art. 5 ib para 2).
    2. The upper limits of the subcategories, to be determined by a Federal Law according to para 7 of the Federal Financial Frame Law for the subsequent financial year, must not be exceeded nor may such exceeding be authorized, unless a Federal Law according to para 7 provides, that these upper limits may be exceeded with the approval of the Federal Minister of Finance.

    If exceptionally a Federal Finance Law is passed for the subsequent and the next subsequent financial year, the regulations of para 2 are to be applied with the proviso, that the upper limits named in para 2 last phrase apply to the subsequent and the next subsequent year.

  7. The more detailed provisions as to the preparation of the Federal Finance Frame Act the Federal Finance Act and as to the other management of the Federal household shall be settled in conformity with uniform principles by Federal law. The latter shall in particular prescribe the structuring and binding effect of the Federal Finance Frame Act, the mode of procedure where the contraction and conversion of liabilities from supplies of funds not due for redemption in the same fiscal year or from long term financing (monetary debts) are concerned, for the creation of prior encumbrances, arising on the formation of budgetary reserves, in the case of disposals of Federal assets and if Federal liabilities are assumed, as well as the participation of the Public Audit Office in the system of accountancy.

Art 51a

  1. In case the Federal Government has not presented to the National Council in due time (Art. 51 para 2 and 3) the draft of a Federal Finance Frame Act or a Federal Finance Act, a draft of a Federal Finance Frame Act or a Federal Finance Act may also be brought in by the members of the National Council.
  2. In case the Federal Government presents the draft of a Federal Finance Frame Law or a Federal Finance law after such proposal has been brought forward, the National Council may resolve to consider either draft in its deliberations.
  3. In case the National Council has not passed a Federal Finance Frame Law in a Financial year, the upper limits of the most recent financial year, for which upper limits had been determined, continue to apply.
  4. If the National Council does not pass a Federal Finance Law for a financial year and likewise makes no temporary provision by way of a Federal law, the Federal household is to be managed according to the provisions of the most recently passed Federal Finance Law. Monetary debts then can only be incurred to half of the respectively anticipated ceiling amounts as well as short term commitments for the temporary reinforcement of cash holdings.

Art 51b

  1. Expenditure of a kind not earmarked in the Federal Finance Act (extraordinary expenditure) or necessitating a transcendence of expenditure appropriation in the Federal Finance Act (non-scheduled expenditure) may within the framework of the economy's management be made only on the basis of authorization by Federal finance laws.
  2. In case of imminent danger payments may, on the basis of an ordinance by the Federal Government and in agreement with the National Council committee entrusted with preliminary discussion of Federal finance laws, be made for
    1. extraordinary expenditure to the extent of one thousandth at most of the overall expenditure earmarked by the Federal Finance Act;
    2. non-scheduled expenditure to the extent of two thousandths at most of the overall expenditure earmarked by the Federal Finance Act

    If the National Council committee entrusted with preliminary discussion of Federal finance laws reaches no decision within two weeks, agreement counts as having been given.

  3. The National Council may authorize the Federal Minister of Finance in the Federal Finance Law to approve to exceed the expenditures provided for in the Finance Law. Such approval may only be granted if the exceeding is objectively conditional and fixed in numbers or calculable. With the consent of the Federal Minister of Finance the expenditures provided for in the Federal Finance Law may be exceeded if such additional expenditures
    1. by reason of a legal liability,
    2. in consequence of an existent monetary debt, or on the basis of foreign exchange contracts or
    3. by reason of some other commitment existing already at the time of the Federal Finance Act's effective date

    become necessary. The approval on the basis of the provisions in this para may only be granted in the case of unpredicted requirement and only to the extent as the coverage is safeguarded by economizing or additional revenue and the respective binding applicable upper limits according to Art. 51 para 2 and 6 for the respective financial year are not exceeded.

  4. In the case of defence extraordinary expenditure and non-scheduled expenditure for the purposes of comprehensive national defence (Art. 9a) may within a fiscal year be made to the extent often per cent all told of the overall expenditure figure foreseen in the Federal Finance Act by reason of an ordinance by the Federal Government agreed with the National Council committee entrusted with preliminary discussion of Federal finance laws. In so far as the coverage for such excess expenditure cannot be ensured by economizing or additional revenue, the ordinance shall authorize the Federal Minister of Finance to effect the requisite coverage by the contraction or conversion of monetary debts.
  5. The Federal Minister of Finance has to regularly inform the members of the Federal Government and the other institutions managing the household on the implementation of the budget.

Art 51c

  1. The participation of the National Council in the management of the household pursuant to Art. 51 b and para 2 below is incumbent on the National Council committee entrusted with the preparation of Federal finance laws. It can delegate specific tasks to a standing sub-committee on which it is incumbent to participate too in the management of the household if the National Council is dissolved by the Federal President in accordance with Art. 29 para 1. The committee entrusted with preliminary discussion of Federal finance laws or else its standing sub-committee shall also be convened outside National Council sessions (Art. 28) if the need arises. The detailed provisions are settled by the Federal law on the National Council's Standing Orders.
  2. The Federal Minister of Finance of Finance shall report quarterly to the National Council committee cited in para 1 above on the measures taken pursuant to Art. 51a para 2 as well as Art. 51b paras 2 to 4. Further reports shall be delivered to this committee in conformity with special Federal legal provisions.
Legislative oversight of the executive

Art 52

  1. The National Council and the Federal Council are entitled to examine the administration of affairs by the Federal Government, to interrogate its members about all subjects pertaining to execution, and to demand all relevant information as well as to ventilate in resolutions their wishes about exercise of the executive power.
  2. The competent committees of the National Council and the Federal Council are entitled to demand the presence of the head of an institution being dispensed of instructions according to Article 20 para 2 in the sessions of the committees and to interrogate him on all subjects of the administration of affairs.
  3. Rights of control pursuant to para I hold good as regards the Federal Government and its members likewise in respect of enterprises in which the Federation has a participation of at least fifty per cent in the share, stock, or equity capital and which is subject to the control of the Public Audit Office. Such a financial participation shall be deemed equivalent to the domination of enterprises by way of different financial or other economic or organizational measures. This applies also to enterprises at every further level where the prerequisites pursuant to this paragraph are on hand.
  4. Every member of the National Council and the Federal Council is entitled during the sessions of the National Council and the Federal Council to address brief oral questions to members of the Federal Government.
  5. The detailed regulations respecting the right of interrogation will be settled by the Federal law on the National Council's Standing Orders as well as in the Federal Council's Standing Orders.
Legislative oversight of the executive

Art 52a

  1. The National Council's competent committees each elect a standing sub-committee of inquiry to review measures for the safeguard of constitutionally established agencies as well as their operative capacity and intelligence measures to secure the country's military defence. Each sub-committee must include at least one member from each of the parties represented in the Main Committee of the National Council.
  2. The standing sub-committees are empowered to require from the competent Federal Ministers all relevant information and insight into the relevant materials. This does not apply to information and material, in particular about sources, whose disclosure would endanger national security or the safety of individuals.
  3. The standing sub-committees can, if need be, meet at times others than those of National Council sessions.
  4. The Federal law on the National Council's Standing Orders settles detailed provisions.
Legislative oversight of the executive

Art 52b

  1. For the scrutiny of a particular proceeding in a matter relating to the Federal financial administration the Committee constituted pursuant to Art. 126d para 2 elects a Standing Sub-Committee. At least one member from every party represented in the National Council's Main Committee must belong to this Sub-Committee.
  2. The detailed provisions are settled by the Federal law on the National Council's Standing Orders.
Legislative oversight of the executive

Art 53

  1. The National Council can by resolution set up committees of inquiry.
  2. The detailed regulations respecting the establishment of, and the procedure for, committees of inquiry will be settled by the Federal law on the National Council's Standing Orders.
  3. The courts and all other authorities are obliged to comply with the request of these committees to take evidence; all public departments must on demand produce their files.

Art 54

(Note: Repealed by F.L.G. I No. 21997)

Art 55

  1. The National Council elects its Main Committee from its members in accordance with the principle of proportional representation.
  2. Should the need arise, the Main Committee shall be convoked also between sessions of the National Council (Art. 28).
  3. The Main Committee elects from its members a Standing Sub-Committee upon which devolve the powers stipulated by this Law. The election takes place in accordance with proportional representation; respect for this principle must nonetheless allow for inclusion in the Sub-Committee of at least one member of every party represented in the Main Committee. The Federal Law on the Standing Orders of the National Council must provide that the Standing Sub-Committee can be convoked and can meet at any time. If the National Council in accordance with Art. 29 para 2 is dissolved by the Federal President, participation in the executive power which in accordance with this Law otherwise lies with the National Council (Main Committee) devolves upon the Standing Sub-Committee.
  4. It can be stipulated by Federal law that certain general acts of the Federal Government or a Federal Minister need the agreement of the Main Committee as well as that reports be rendered to the Main Committee by the Federal Government or a Federal Minister. More detailed provisions, especially if no agreement is reached, are settled by the Federal Law on the National Council's Standing Orders.
  5. As regards ordinances by the competent Federal minister concerning control measures for safeguarding undisturbed production or the supply of the population and other consumers with essential economic and consumer goods, provision shall be made for obtaining the consent of the National Council's Main Committee; in an emergency and for the repeal of such ordinances, special regulations may be adopted. Resolutions of the Main Committee approving such ordinances can only be adopted in the presence of at least half of its members and by a two-thirds majority of the votes cast.

Section F. Status of Members of the National Council and the Federal Council

Art 56

  1. The members of the National Council and the members of the Federal Council are bound in the exercise of their function by no mandate.
  2. If a member of the Federal Government or a State Secretary has relinquished his seat as a member of the National Council, the competent electoral board shall again assign him the seat when he has left office, in the circumstances of Art. 71 after release from entrustment with continuation of the administration, provided that he has not within eight days advised the board of his disclaimer to the renewed exercise of his mandate.
  3. This renewed assignment ends the mandate of that National Council member who has held the seat of the temporarily retired member in so far as another, subsequent National Council member did not on the occasion of nomination to the seat in the same constituency declare to the electoral board his wish to exercise the mandate as deputy for the temporarily retired member of the National Council.
  4. Paras 2 and 3 also hold good if a member of the Federal Government or a State Secretary has not accepted his election to membership of the National Council.
Immunity of legislators

Art 57

  1. The members of the National Council may never be made responsible for votes cast in the exercise of their function and only by the National Council on the grounds of oral or written utterances made in the course of their function.
  2. The members of the National Council may on the ground of a criminal offence - the case of apprehension in the act of committing a crime excepted - be arrested only with the consent of the National Council. Domiciliary visitations of National Council members likewise require the National Council's consent.
  3. Legal action on the ground of a criminal offence may otherwise without the National Council's consent be taken against members of the National Council only if it is manifestly not connected with the political activity of the member in question. The authority concerned must however seek a decision by the National Council on the existence of such a connection if the member in question or a third of the members belonging to the Standing Committee entrusted with these matters so demands. Every act of legal process shall in the case of such a demand immediately cease or be discontinued.
  4. In all these instances the consent of the National Council counts as granted if within eight weeks it has not given a ruling on an appropriate request by the authority competent for the institution of legal action; the President, with a view to the National Council's adoption of a resolution in good time, shall at the latest put such a request to the vote on the day but one before expiry of the deadline. The latter does not include the period when the National Council is not in session.
  5. In case of a member's apprehension in the act of committing a crime, the authority concerned must immediately notify the President of the National Council of the occurrence of the arrest. If the National Council or when it is not in session the Standing Committee entrusted with these matters so demands, the arrest must be suspended or the legal process as a whole be dropped.
  6. The immunity of members ends with the day of the meeting of the newly elected National Council, that of functionaries of the National Council whose tenure of office extends beyond this date on the expiry of this term of office.
  7. The detailed provisions are settled by the Federal law on the National Council's Standing Orders.

Art 58

The members of the Federal Council enjoy for the whole duration of their tenure of office the immunity of the members of the Diet which has delegated them.

Outside professions of legislators

Art 59

No member of the National Council, the Federal Council or the European Parliament can simultaneously belong to one of the two other representative bodies.

Art 59a

  1. A public employee who seeks a seat in the National Council shall be granted the time necessary for the canvassing of votes.
  2. A public employee who is a member of the National Council or the Federal Council shall, at his request, be granted leave of absence or be retired for the time necessary for the fulfilment of his membership duties. During leave of absence, pay shall correspond to the amount of work actually performed within the framework of service duties, but shall not exceed 75 per cent of total pay; this limit also applies if no use is made either of leave of absence or retirement. Retirement entails the termination of all service-related payments.
  3. If it is not possible for a public employee to be appointed to his previous post because of the fulfilment of his membership duties, he is entitled to be assigned a reasonably equivalent - if he agrees, also a not equivalent - activity. The pay shall be determined by the activity actually performed by the employee.

Art 59b

  1. To control the pay of public employees who have been elected members of the National Council or Federal Council, a Commission will be set up under the auspices of the Parliamentary Staff. The Commission consists of:
    1. one representative nominated by each of the Presidents of the National Council,
    2. two representatives nominated by the President of the Federal Council with the consent of the Vice-Presidents,
    3. two representatives of the Laender,
    4. two representatives of the municipalities, and
    5. one member who previously exercised a judicial function.

    The members in accordance with subparas 3 to 5 shall be appointed by the Federal President; in its recommendation (Art. 67) regarding subpara 3, the Federal Government shall be bound by a joint recommendation by the Laender-Governors and regarding subpara 4 by a recommendation by the Austrian Federation of Local Authorities and a recommendation by the Austrian Union of Towns. The members of the Commission according to subparas I to 4 must be persons who previously exercised a function within the meaning of Art. 19 para 2. A person who pursues a gainful occupation cannot be a member of the Commission. Membership in the Commission terminates with the expiry of the legislative period, but not before a new member has been nominated or appointed.

  2. At the request of a public employee, who is a member of the National Council or the Federal Council, or at the request of his employing authority, the Commission gives an opinion on disputes arising between the public employee and his employing authority in the execution of Article 59a or in respect of regulations issued in its implementation. The Commission also gives opinions on such disputes arising between a judge and chamber or a commission within the meaning of Art. 87 para 2 as well as on disputes arising between a member of the National Council or the Federal Council and the President of the National Council in the execution of Art. 30 para 3.
  3. The member of the National Council or Federal Council who is a public employee is obligated to inform the Commission each year about the arrangement he has made in respect of his leave of absence or retirement in accordance with Art. 59a and how the work to be performed by him will be reviewed. Art. 53 para 3 shall analogously apply to inquiries by the Commission. The Commission furnishes itself with Standing Orders. Each year, the Commission shall file a report with the National Council - as far as members of the Federal Council are concerned, with the Federal Council -, which shall be published.

Chapter III. Federal Execution

Section A. Administration

1. The Federal President

Name/structure of executive(s)

Art 60

  1. Secret ballot, Head of state selection
    The Federal President is elected by the Federal people on the basis of equal, direct, personal, free and secret suffrage by men and women having suffrage to the National Council. If there is only one candidate, the election shall take place by way of referendum. Article 26 para 5 to 8 is to be applied accordingly.
  2. Head of state selection
    The candidate who polls more than half of all valid votes has been elected. If no such majority results, a second ballot takes place. Votes in this can validly be cast only for one of the two candidates who have polled the most votes in the first ballot.
  3. Minimum age of head of state, Eligibility for head of state
    Only a person who has National Council suffrage and has completed the thirty-fifth year of life on the day of the election can be elected Federal President. Members of reigning houses or of formerly regnant families are excluded from eligibility.
  4. The result of the election of the Federal President shall be officially published by the Federal Chancellor.
  5. Head of state term limits, Head of state term length
    The Federal President holds office for six years. Re-election for the immediately following term of office is admissible once only.
  6. Head of state removal
    Before expiry of his term of office the Federal President can be impeached by referendum. The referendum shall be held if the Federal Assembly so demands. The Federal Assembly shall be convoked by the Federal Chancellor for this purpose if the National Council has passed such a motion. The National Council vote requires the presence of at least half the members and a majority of two thirds of the votes cast. By such a National Council vote the Federal President is prevented from the further exercise of his office. Rejection of the impeachment by the referendum holds good as a new election and entails the dissolution of the National Council (Art. 29 para 1). In this instance too the Federal President's total term of office may not exceed twelve years.

Art 61

  1. During his tenure of office the Federal President may not belong to any general representative body nor exercise any other occupation.
  2. The title "Federal President" may not - even with an addition or in the context of another designation - be used by anyone else. It is safeguarded by law.

Art 62

  1. Oaths to abide by constitution
    On his assumption of office the Federal President renders the following affirmation before the Federal Assembly:

    "I solemnly promise that I shall faithfully observe the Constitution and all the laws of the Republic and shall fulfill my duty to the best of my knowledge and belief."

  2. The addition of a religious asseveration is admissible.
Head of state immunity

Art 63

  1. The institution of legal process against the Federal President is only admissible if the Federal Assembly has agreed.
  2. The application for the institution of legal process against the Federal President shall be filed by the competent authority with the National Council which votes whether the Federal Assembly shall deal with the matter. If the National Council pronounces in favour of this, the Federal Chancellor must immediately convoke the Federal Assembly.
Head of state replacement

Art 64

  1. All the Federal President's responsibilities, should he be prevented from their discharge, pass in the first instance to the Federal Chancellor. A sojourn in another member state of the European Union is not deemed to be an impediment. If the impediment lasts longer than twenty days or if pursuant to Art. 60 para 6 the Federal President is prevented from the discharge of his office, the President, the Second President, and the Third President of the National Council acting as a committee shall undertake the responsibilities of the Federal President. The same holds good if the position of the Federal President is continuously in abeyance.
  2. The committee entrusted according to para 1 above with the exercise of the Federal President's functions decides by majority vote. Chairmanship of the committee devolves on the President of the National Council, likewise its representation in public.
  3. Is one or are two of the National Council's Presidents prevented from the discharge of their responsibilities or is their position continuously in abeyance, the committee still constitutes a quorum even without their participation; in the event of a tie, the President senior in rank has the casting vote.
  4. In case the position of the Federal President is continuously in abeyance, the Federal Government shall immediately arrange the election of the new Federal President; after the ensuing election the committee shall without delay convoke the Federal Assembly for the affirmation of the Federal President.
Treaty ratification, Head of state powers

Art 65

  1. Foreign affairs representative
    The Federal President represents the Republic internationally, receives and accredits envoys, sanctions the appointment of foreign consuls, appoints the consular representatives of the Republic abroad and concludes state treaties. Upon the conclusion of a state treaty not falling under Art. 50 or a state treaty pursuant to Art. 16 para I which neither modifies nor complements existent laws, he can direct that the treaty in question shall be implemented by the issue of ordinances.
  2. Furthermore there is vested in him - apart from the powers assigned to him in accordance with other provisions of this Constitution authority:
    1. to appoint Federal civil servants, including officers as well as other Federal functionaries, and to bestow official titles on them;
    2. to create and to bestow professional titles;
    3. Power to pardon
      in individual cases: to pardon persons sentenced without further resources of appeal, to mitigate and commute sentences pronounced by the courts, as an act of grace to annul sentences and to grant remission from their legal consequences, and moreover to quash criminal proceedings in actions subject to prosecution ex officio;
    4. on the petition of parents to declare illegitimate children legitimate.
  3. Special laws provide to what extent powers are additionally vested in the Federal President with respect to the grant of honorary privileges, extraordinary gratifications, allowances and pensions, the right to nominate and confirm persons in appointments and to exercise other powers in personnel matters.

Art 66

  1. The Federal President can assign to the competent members of the Federal Government the right vested in him to appoint certain categories of Federal civil servants and empower them to delegate, as regards certain categories of Federal Civil servants, this competence to authorities subordinate to him.
  2. The Federal President can authorize the Federal Government or the competent members of the Federal Government to conclude certain categories of state treaties which neither fall under Art. 16 para 1 nor under Art. 50; such an authorization extends also to the power to order that these treaties shall be implemented by the issue of ordinances.
  3. The Federal President can on the recommendation of a Land Government and with the counter-signature of the Governor authorize the Land Government to conclude treaties in accordance with Art. 16 para 1 when they neither modify nor complement existing laws; such an authorization extends also to the power to direct that these treaties shall be implemented by the issue of ordinances.

Art 67

  1. Save as otherwise provided by the Constitution, all official acts of the Federal President shall be based on recommendation by the Federal Government or the Federal Minister authorized by it. The law provides to what extent the Federal Government or the competent Federal Minister is herein dependent on recommendations from other quarters.
  2. Save as otherwise provided by the Constitution, all official acts of the Federal President require for their validity the countersignature of the Federal Chancellor or the competent Federal Minister.

Art 67a

  1. The office of the Federal President, being sub-ordinate to the Federal President is called to assist him performing his official affairs. Details on the course of business in the president's office may be regulated by a standing order to be issued by the Federal President.
  2. Article 67 does not apply to the standing order of the president's office, for the appointment of employees of the president's office and the bestowing of official titles in exerting the superior authority.

Art 68

  1. Pursuant to Art. 142, the Federal President is responsible to the Federal Assembly for the exercise of his functions.
  2. To assert this responsibility, the Federal Assembly shall on the vote of the National Council or the Federal Council be convoked by the Federal Chancellor.
  3. The presence of more than half the members of each of the two representative bodies and a majority of two thirds of the votes cast is requisite to a vote whereby a charge, consonant with Art. 142, is preferred against the Federal President.

2. The Federal Government

Establishment of cabinet/ministers, Name/structure of executive(s)

Art 69

  1. Deputy executive, Head of government powers
    The Federal Chancellor, the Vice-Chancellor and the other Federal Ministers are entrusted with the highest administrative business of the Federation in so far as this is not assigned to the Federal President. They constitute as a body the Federal Government under the chairmanship of the Federal Chancellor.
  2. Deputy executive
    The Vice-Chancellor is entitled to deputize for the Federal Chancellor in his entire sphere of competence. Should the Federal Chancellor and the Vice-Chancellor simultaneously be prevented from the discharge of their responsibilities , the most senior in the case of equal seniority, the eldest member of the Federal Government who is not prevented from the discharge of his duties shall deputize for the Federal Chancellor.
  3. The Federal Government has a quorum when more than half of its members are present.
Head of government selection

Art 70

  1. Head of government removal, Cabinet selection, Cabinet removal
    The Federal Chancellor and, on his recommendation, the other members of the Federal Government are appointed by the Federal President. No recommendation is requisite to the dismissal of the Federal Chancellor or the whole Federal Government; the dismissal of individual members of the Federal Government ensues on the recommendation of the Federal Chancellor. The appointment of the Federal Chancellor or the whole Federal Government is countersigned by the newly appointed Federal Chancellor; dismissal requires no countersignature.
  2. Eligibility for cabinet, Minimum age of head of government, Deputy executive, Eligibility for head of government, Head of government's role in the legislature
    Only persons eligible for the National Council can be appointed Federal Chancellor, Vice-Chancellor, or Federal Minister; members of the Federal Government need not belong to the National Council.
  3. Should a new Federal Government be appointed by the Federal President at a time when the National Council is not in session, he must convoke the National Council for an extraordinary session (Art. 28 para 2), and that to meet within one week, for the purpose of introducing the new Federal Government.

Art 71

Should the Federal Government have left office, the Federal President shall entrust members of the outgoing Government with continuation of the administration and one of them with the chairmanship of the provisional Federal Government. A State Secretary attached to an outgoing Federal Minister or a senior civil servant in the Federal Ministry concerned can likewise be entrusted with continuation of the administration. This provision applies analogously if individual members of the Federal Government have left office. Whoever is entrusted with continuation of the administration bears the same responsibility as a Federal Minister (Art. 76).

Art 72

  1. Before their assumption of office the members of the Federal Government render an affirmation to the Federal President. The addition of a religious asseveration is admissible.
  2. The instruments of appointment for the Federal Chancellor, the Vice-Chancellor, and the other Federal Ministers are executed by the Federal President on the day of the affirmation and are countersigned by the newly appointed Federal Chancellor.
  3. These provisions shall apply analogously to the cases mentioned in Art. 71 above.

Art 73

  1. Should a Federal Minister be temporarily prevented from discharging his responsibilities, he instructs, in consent with another Federal Minister, the very, a state secretary attached to him or a senior civil servant of the respective Federal Minis- try to deputize for him. Such instruction to deputize is to be notified to the Federal President and the Federal Chancellor. A sojourn in another member state of the European Union is not deemed to be an impediment. If a Federal Minister is not in the situation to deputize in the sense of the first phrase, the Federal Chancellor, in consent with the deputy chancellor, instructs another Federal Minister, a state secretary attached to the prevented Federal Minister or a senior civil servant of the respective Federal Ministry to deputize. Such instruction to deputize is to be notified to the Federal President. The deputy carries the same responsibility as a Federal Minister (Art.76).
  2. The Federal Minister competent for a matter can assign to another Federal Minister or a State Secretary the power to participate in the sessions of the Council of the European Union and within this framework to conduct the negotiations respecting a particular project and to vote thereon.
  3. A member of the Federal Government who is staying in another Member State of the European Union may let his business in the National Council or Federal Council be taken care of by a State Secretary attached to him or another Federal Minister. A member of the Federal Government, who is not deputized for, may assign his right to vote in the Federal Government to another Federal Minister; this does not affect his accountability. The voting right may only be assigned to a member of the Federal Government who has not already been entrusted with deputizing for another member of the Federal Government and whom a voting right has not already been assigned to.

Art 74

  1. Cabinet removal
    If the National Council passes an explicit vote of no confidence in the Federal Government or individual members thereof, the Federal Government or the Federal Minister concerned shall be removed from office.
  2. The presence of half the members of the National Council is requisite to a vote of no confidence in the National Council. Voting shall however be adjourned until the next working day but one if the number of members stipulated by the Federal law on the National Council's Standing Orders so demands. A fresh adjournment of the voting can ensue only from a decision by the National Council.
  3. Notwithstanding the power otherwise vested in the Federal President in accordance with Art. 70 para 1, the Federal Government or its individual members shall in the legally specified contingencies or at their own wish be removed from office.
Powers of cabinet

Art 75

The members of the Federal Government as well as the State secretaries are entitled to participate in all deliberations by the National Council, the Federal Council, and the Federal Assembly as well as the committees (sub-committees) of these representative bodies, but only at special invitation in the deliberations by the Standing Sub-Committee of the National Council's Main Committee and by the National Council's Committees of Inquiry. On each occasion they must, in accordance with the detailed provisions of the Federal law on the National Council's Standing Orders and of the Federal Council's Standing Orders, at their request be given a hearing. The National Council, the Federal Council, and the Federal Assembly as well as their committees (sub-committees) can require attendance by members of the Federal Government and request them to initiate investigations.

Art 76

  1. Pursuant to Art. 142, the members of the Federal Government (Arts. 69 and 71) are responsible to the National Council.
  2. The presence of more than half the members is requisite to a motion which prefers a charge pursuant to Art. 142.

Art 77

  1. The Federal Ministries and the authorities subordinate to them shall perform the business of the Federal administration.
  2. Powers of cabinet
    The number of the Federal Ministries, their competence, and their internal organization will be prescribed by Federal law.
  3. The Federal Chancellor is entrusted with the direction of the Federal Chancellery and a Federal Minister is entrusted with the direction of each of the other Federal Ministries. The Federal President can assign to special Federal Ministers the direction of particular matters which fall within the Federal Chancellery's competence, including the personnel establishment and organization of such business, notwithstanding that these matters continue to appertain to the Federal Chancellery; such Federal Ministers have in respect of the matters in question the status of a competent Federal Minister.
  4. The Federal Chancellor and other Federal Ministers can exceptionally be entrusted with the direction of a second Federal Ministry.

Art 78

  1. In special cases Federal Ministers can be appointed without at the same time being put in charge of a Federal Ministry.
  2. State Secretaries, who are appointed and leave office in the same way as Federal Ministers, can be attached to Federal Ministers for assistance in the conduct of business and to deputize for them in Parliament. The Federal Chancellor may let his business in the National Council and in the Federal Council in accord with the vice chancellor being entrusted to head a Federal Ministry be taken care of by a state secretary attached to him. The vice chancellor, being entrusted to head a Federal Ministry may let his business in the National Council and in the Federal Council be taken care of by a state secretary attached to him, in consent with the Federal Chancellor.
  3. The Federal Minister can with his consent likewise entrust the State Secretary with the conduct of certain functions. In the fulfilment of these the State Secretary is also subordinate to the Federal Minister and bound by his instructions.

3. The Federal Security Authorities

Art 78a

  1. The supreme security authority is the Federal Minister of the Interior. Subordinate to him are the security directorates followed by the district administrative authorities and the Federal public safety directorates in their capacity as security authorities.
  2. If the life, health, freedom or property of individuals are actually in danger or such danger is directly impending, security officials are, irrespective of the competence of another authority for repulse of the hazard, competent to render primary assistance till the intervention of the respective competent authority.
  3. Federal laws provide to what extent municipalities authorities must take action as security authorities.

Art 78b

  1. Every Land has a security directorate. Its head is the security director. In Vienna the Federal public safety directorate is at the same time the security directorate, the Police President likewise the security director.
  2. The Federal Minister of the Interior appoints the security director in agreement with the Governor.
  3. The Federal Minister of the Interior must inform the Governor of every nationally important instruction or such as is crucial for the maintenance of peace, order and security throughout the Land which he issues to a security director.

Art 78c

  1. The public security director is the head of a Federal public security directorate. In Vienna the Police President is the head of the public security directorate.
  2. The establishment of Federal public security directorates and the definition of their local sphere of competence derive from Federal Government ordinances.

Art 78d

  1. Constabularies are armed or uniformed or otherwise militarily patterned units invested with tasks of a police character. In particular not to be counted among the constabularies are guard personnel established for the protection of certain branches of soil cultivation, such as agriculture and forestry (field, crops, and forest protection), for mining, hunting, fishing or other licensed water usages, market supervision officials, and fire brigades.
  2. No other regional authority may set up a constabulary within the local sphere of competence of a Federal public security directorate.

4. The Federal Army

Art 79

  1. The country's military defence is the duty of the Federal Army. It shall be conducted on the principles of a militia system.
  2. The Federal Army, in so far as the lawful civil power claims its co-operation, has furthermore
    1. also beyond above the sphere of the country's military defence
      1. to protect the constitutionally established institutions as well as their capacity to operate and the population's democratic freedoms,
      2. to maintain order and security inside the country in general;
    2. to render assistance in the case of natural catastrophes and disasters of exceptional magnitude.
  3. Additional tasks of the Federal Army will be prescribed by Federal constitutional law.
  4. The Defence Law regulates which officials and authorities can lay direct claim to the co-operation of the Federal Army for the purposes mentioned in para 2 above.
  5. Intervention by the military on its own initiative for the purposes mentioned in para 2 above is admissible only if circumstances outside their control have put it beyond capacity of the competent officials to effect intervention by the military and irreparable damage the community at large would arise from a further wait or if it concerns the repulse of an actual attack, or the elimination of active resistance directed against a section of the Federal Army.
Designation of commander in chief

Art 80

  1. Commander-in-Chief of the Federal Army is the Federal President.
  2. Save in so far as the Defence Law reserves disposal over the Federal Army to the Federal President, disposal over it lies with the competent Federal Minister within the limits of the authorization conferred on him by the Federal Government.
  3. Supreme command over the Federal Army is exercised by the competent Federal Minister (Art. 76 para 1).

Art 81

Federal law prescribes to what extent the Laender participate in the recruitment, provisioning and accommodation for the Army and the supply of its other requirements.

5. The Federal School Authorities

Art 81a

  1. Compulsory education
    The administration of the Federation in the field of schooling and in the field of education in matters pertaining to student hostels shall be undertaken by the competent Federal Minister and - in so far as neither the university and fine arts academical system nor the agricultural and forestry school system nor the forestry and agricultural educational system in matters pertaining to student hostels concerned - by the school authorities of the Federation subordinate to the competent Federal Minister. The municipalities can, as part of the Federation's assigned sphere of competence, be called upon to maintain registers of those who are of school-attendance age.
  2. A school authority shall be established in each Land and in each political district and be known as the Land school board and the district school board respectively. In Vienna the Land school board shall also undertake the duties of the district school board and be known as the Vienna City School Board. The applicable sphere of competence for members of the Land and district school boards shall be prescribed by Federal law.
  3. The following guiding principles shall hold good for the establishment, to be prescribed by law, of the Federal school authorities:
    1. Committees shall be appointed within the framework of the Federal school authorities structure. Committee members of the Land school boards, with voting rights, shall be appointed in proportion to party strength in the Diet, committee members of the district school boards, with voting rights, in proportion to the votes polled in the district by the parties represented in the Diet at the last Diet election. The appointment of all or some of the committee members by the Diet is admissible.
    2. The president of the Land school board is the Governor, the chairman of the district school board is the head of the district administrative authority. Should the appointment of an executive Land school board president be foreseen by law, he shall deputize for the president in all business which the president does not reserve to himself. Should the appointment of a vice-president be foreseen by law, he is entitled to inspect documents and to proffer advice; such a vice-president shall in any case be appointed for those five Laender which, in accordance with the result of the last census taken prior to this Federal constitutional law coming into force, have the largest number of inhabitants.
    3. The terms of reference for the committees and the presidents (chairmen) of the Land and district school boards shall be regulated by law. The committees shall be competent to issue rules and general instructions, to appoint officials and to render proposals for nominations as well as to render opinions on drafts of laws and ordinances.
    4. In cases of urgency which do not admit of postponement until the committee's next meeting, the president (chairman) shall take action in the sphere of competence allocated to the committee as pertaining to its business and without delay inform the committee of this.
    5. Should for more than two months a committee lack a quorum the tasks of the committee for the further period of its numerical incapacity devolve upon the president (chairman). In these cases the president (chairman) replaces the committee.
  4. Instructions (Art. 20 para 1) cannot be given on matters which fall into the committees sphere of competence. This does not hold good for instructions which forbid the implementation of a committee resolution as being contrary to law or which direct the repeal of an ordinance issued by the committee. The reasons for such instructions shall be stated. In accordance with Arts. 129 et seq., the authority in receipt of the instruction can on the basis of a committee resolution immediately make complaint to the Administrative Court.
  5. The competent Federal Minister can satisfy himself in person or through officials of the Federal Ministry in his charge about the condition and performance of those schools and student hostels which are subordinate to the Federal Ministry by way of the Land school board. Established shortcomings - in so far as they do not concern such in the sense of Art. 14 para 8 - shall be notified to the Land school board for the purpose of their redress.

Art 81b

  1. The Land school board shall render three sets of proposals:
    1. for the filling of Federal vacancies for headmasters/headmistresses as well as other teachers and educational assistants at schools and student hostels subordinate to the Land school boards;
    2. for the filling of Federal vacancies for the school supervisory officials serving with the Land and Bezirk school boards as well as for the appointment of teachers with school supervisory functions;
    3. for the appointment of chairmen and members of the examination boards for the teaching diploma at upper primary schools and special schools.
  2. The proposals in accordance with para I above shall be rendered, pursuant to Art. 66 para I or Art. 67 para I or by reason of other provisions, to the competent Federal Minister. The selection of individuals from among those proposed is incumbent on the Federal Minister.
  3. Every Land school board shall establish eligibility and disciplinary school boards of first instance for headmasters/headmistresses and other teachers as well as educational assistants who are employees under public law of the Federation and are employed at a school (student hostel) subordinate to the Land school board. The details shall be prescribed by Federal law.

6. Universities

Art 81c

  1. The public universities are places of free scientific research, tuition and revelation of the arts. The act in the frame of the laws autonomously and may render statutes. The members of university collegial bodies are dispensed from instructions.
  2. Federal law may provide that the activity at the university as well as the participation in bodies of the university and the representation of the students by persons not having the Austrian nationality is admissible.
  3. In matters of the service code of the appointed professional members of the university the final appeal goes to the competent Federal Minister.

Section B. Jurisdiction

Art 82

  1. The Federation is the source of all jurisdiction.
  2. Judgments and decisions are pronounced and drawn up in the name of the Republic.

Art 83

  1. The constitution and competence of the courts is laid down by Federal law.
  2. No one may be deprived of his lawful judge.
  3. (Note: Repealed by F.L.G. No. 7311968)

Art 84

Military jurisdiction - except in time of war - is repealed.

Prohibition of capital punishment

Art 85

Capital punishment is abolished.

Supreme court selection, Ordinary court selection

Art 86

  1. Save as provided otherwise by this law, judges are appointed pursuant to the proposal of the Federal Government by the Federal President or, by reason of his authorization, by the competent Federal Minister; the Federal Government or the Federal Minister shall obtain proposals for appointment from the chambers competent through the law on the organization of the courts.
  2. If a sufficient number of candidates is available, the proposal for appointment to be submitted to the competent Federal Minister and to be forwarded by him to the Federal Government shall comprise at least three names, but if there is more than one vacancy to be filled at least twice as many names as there are judges to be appointed.

Art 87

  1. Judicial independence
    Judges are independent in the exercise of their judicial office.
  2. A judge is in the exercise of his judicial office during the performance of any judicial function properly his by law and the allocation of business, though to the exclusion of the judiciary's administrative business which in accordance with the provisions of the law shall not be discharged by chambers or commissions.
  3. Business shall be allocated in advance among the judges of a court for the period provided by the law on the organization of the courts. A matter devolving upon a judge in accordance with this allocation may be removed from his jurisdiction by decree of the judiciary's administrative authorities only in case of his being prevented from the discharge of his responsibilities or his being unable to cope with his duties, due to their extent, within a reasonable time.

Art 87a

  1. The performance of certain kinds of business, which shall be exactly specified and fall within the jurisdiction of a court of First instance, can by Federal law be assigned to specially trained personnel of the Federation who are not judges.
  2. The judge competent in accordance with the allocation of business can however at any time reserve to himself or take over the discharge of such business.
  3. The personnel of the Federation which is not a judge is bound in the performance of business specified in para 1 above only by instructions from the judge competent in accordance with the allocation of business. Art. 20 para I third sentence shall apply.

Art 88

  1. Structure of the courts, Mandatory retirement age for judges
    A Federal law will determine an age limit upon whose attainment judges will permanently retire.
  2. Supreme/ordinary court judge removal
    Otherwise judges may be removed from office or transferred against their will or superannuated only in the cases and ways prescribed by law and by reason of a formal judicial decision. These provisions do not however apply to transfers and retirements which become necessary through changes in the organization of the courts. In such a case the law will lay down within what period judges can without the formalities otherwise prescribed be transferred and superannuated.
  3. The temporary suspension of judges from office may take place only by decree of the president of the court or the higher judicial authority together with simultaneous reference of the matter to the competent court.

Art 88a

The law on the organization of the courts may provide for posts of substitute judges assigned to a higher court. The number of such posts may not exceed three per cent of the number of judge posts assigned to the subordinate courts. The duties of the substitute judges in charge at subordinate courts shall in accordance with the law on the organizations of the courts be determined by the competent chamber of the higher court. Substitute judges may be entrusted only with the substitution of judges of subordinated courts and only if these judges are prevented from the discharge of their responsibilities or are unable to cope with their duties, due to the extent of these, within a reasonable time.

Art 89

  1. Save as otherwise provided by the following paragraphs , the courts are not entitled to examine the validity of duly published ordinances, proclamations on the republication of a law (state treaty), laws and state treaties..
  2. Structure of the courts, Constitutional interpretation
    Should a court have scruples against the application of an ordinance on the ground of it being contrary to law, it shall file an application with the Constitutional Court for rescission of this ordinance. Should the Supreme Court or a court of second instance competent to give judgment have scruples against the application of a law on the ground of its being unconstitutional, it shall file an application with the Constitutional Court for rescission of this law.
  3. If the legal regulation to be applied has already ceased to be in force, the court's application to the Constitutional Court must request a decision that the legal regulation was contrary to law or unconstitutional.
  4. To proclamations on the republication of a law (state treaty) para 2 first phrase and para 3, for state treaties according to Art. 140a - paras 2 and 3 apply accordingly.
  5. Federal law shall determine what effects an application pursuant to para 2, para 3, or para 4 above has on the pending legal proceedings.
Right to public trial

Art 90

  1. Hearings in civil and criminal cases are oral and public. Exceptions are regulated by law.
  2. In criminal proceedings the procedure is by indictment.

Art 90a

Public prosecutors are functionaries of the jurisdiction. They represent the investigation and prosecution in cases for acts carrying a penalty by court. Federal Law determines the detailed regulations on their being bound to instructions of their superior functionaries.

Jury trials required

Art 91

  1. The people shall participate in the jurisdiction.
  2. A jury returns a verdict upon the guilt of the accused in crimes entailing severe penalties, to be specified by law, and in all cases of political felonies and misdemeanours.
  3. In criminal proceedings for other punishable offences lay assessors take part in the administration of justice if the penalty to be imposed exceeds a limit to be determined by law.
Outside professions of legislators, Eligibility for supreme court judges

Art 92

  1. Structure of the courts
    The Supreme Court is the court of final instance in civil and criminal suits.
  2. Members of the Federal Government, a Land government, a general representative body or the European parliament cannot be members of the Supreme Court. For members of a general representative body or the European parliament elected for a fixed term of legislation or office such incompatibility continues until the expiry of that term of legislation or office even though they prematurely renounce their seat. Anyone who during the preceding five years has exercised one of the aforesaid functions cannot be appointed President or Vice-President of the Supreme Court.

Art 93

General amnesties for acts punishable by the courts are extended by Federal law.

Art 94

Judicial and administrative powers shall be separate at all levels of proceedings.

Chapter IV. Legislation and Execution by the Laender

Section A. General Provisions

Subsidiary unit government

Art 95

  1. Claim of universal suffrage
    The legislation of the Laender is carried out by the Diets. The Diets are elected by equal, direct, personal, free and secret suffrage on the basis of proportional representation by the male and female Land citizens who in accordance with the Diet electoral regulations are entitled to vote. Land law regulates the detailed provisions respecting the electoral procedure and, if need be, the compulsory voting. This Land law shall in particular prescribe the grounds on which non-participation in the election notwithstanding compulsory voting is deemed to be excused. The constitution of a Land may provide that nationals, who had a residence in the Land, before moving their domicile abroad are entitled to vote for the duration of this sojourn abroad, for a maximum period of ten years.
  2. The Diet electoral regulations may not impose more stringent conditions for suffrage and electoral eligibility than does the Federal Constitution for elections to the National Council.
  3. The voters exercise their franchise in self-contained constituencies which can be divided into self-contained regional constituencies. The number of deputies shall be divided among the constituencies in proportion to the numbers of inhabitants . The Diet electoral regulations can provide for a final distribution procedure throughout the Land whereby a balance between the seats allocated to the candidate parties in the constituencies and likewise a distribution of the as yet unallocated seats is effected in accordance with the principles of proportional representation. A division of the electorate into other electoral bodies is not admissible.
  4. Detailed regulations on the election procedure shall be determined by the Diets' Standing Orders. Art. 26 para 6 is to be applied accordingly.
  5. To public employees who seek a seat in the Diet or who are elected to membership of a Diet, Art. 59a shall apply, stricter regulations are admissible. Land constitutional law can create an institution with the same powers and the same obligation to publicize a report as those of the Commission under Art. 59b.

Art 96

  1. The members of a Diet enjoy the same immunity as the members of the National Council; the provisions of Art. 57 are applied analogously.
  2. The provisions of Arts. 32 and 33 hold good also for the meetings of Diets and their committees.
  3. Land law can determine upon a settlement in according with Art. 56 paras 2 to 4 for Diet members who resign their seat on the occasion of their election to membership of the Federal Council or Land Government.

Art 97

  1. Subsidiary unit government
    A Land law requires a vote by a Diet, authentication and countersignature in accordance with the provisions of the Land concerned, and publication by the Governor in the Land Law Gazette.
  2. Inasmuch as a Land law foresees in its execution the co-operation of Federal authorities the approval of the Federal Government must be obtained. The approval shall be deemed given if within eight weeks from the day of the enactment's receipt at the Federal Chancellery the Federal Government has not informed the Governor that the co-operation of the Federal authorities is refused. Before the expiry of this deadline publication of the enactment may only ensue if the Federal Government has expressly agreed.
  3. If the immediate enactment of measures which constitutionally require the adoption of a resolution by the Diet becomes necessary to avert manifest, irreparable harm to the community as a whole in circumstances where the Diet is unable to meet in time or is impeded in its function by events beyond its control, the Land Government can in agreement with a Diet committee appointed in accordance with the principle of proportional representation take these measures by way of temporarily law-amending ordinances. The Land Government must inform the Federal Government thereof without delay. The Diet shall be convened as soon as the impediment to its meeting has ceased to be operative. Art. 18 para 4 holds good analogously.
  4. The ordinances specified in para 3 above may in any case not signify an alteration to Land constitutional provisions and may neither comprise a permanent financial burden for the Land nor a financial burden for the Federation or the municipalities, nor financial commitments for the state's nationals, nor a disposal of state property, nor measures pertaining to the matters specified in Art. 12 para I subpara 6, nor lastly such as relate to the affairs of the chambers for workers and salaried employees engaged in agriculture and forestry.
Federal review of subnational legislation

Art 98

  1. All Diet enactments shall immediately after they have been passed by a Diet be notified by the Governor to the Federal Chancellery prior to their publication.
  2. The Federal Government can within eight weeks from the day of an enactment's receipt at the Federal Chancellery enter a reasoned objection to a Diet enactment as a jeopardization of Federal interests. If the Federation was prior to the initiation of the legislative procedure for enactment given opportunity to comment on the draft bill, the objection may only be founded on an alleged encroachment on the Federation's competence. In case of an objection the enactment may only be published if the Diet repeats its vote in the presence of at least half the members.
  3. Publication prior to expiry of the deadline for objection is admissible only if the Federal Government expressly agrees.
  4. The provisions of the Constitutional Finance Law hold good for Diet enactments which deal with taxation.

Art 99

  1. The Land Constitution to be enacted by a Land constitutional law can, inasmuch as the Federal Constitution is not affected thereby, be amended by Land constitutional law.
  2. A Land constitutional law can be passed only in the presence of half the members of the Diet and with a two thirds majority of the votes cast.

Art 100

  1. Every Diet can be dissolved by the Federal President on the request of the Federal Government and with the sanction of the Federal Council; such a dissolution may however be decreed only once for the same reason. The motion in the Federal Council must be carried in the presence of half the members and with a two thirds majority of the votes cast. The representatives of the Land whose Diet is to be dissolved may not participate in the division.
  2. In case of dissolution writs for new elections shall within three weeks be issued in accordance with the provisions of the Land constitution; the convocation of the newly elected Diet must ensue within four weeks after the election.
Subsidiary unit government

Art 101

  1. The executive power in each Land is exercised by a Land Government to be elected by the Diet.
  2. The members of a Land Government need not belong to the Diet. Nevertheless only persons eligible for the Diet can be elected to membership of the Land Government.
  3. The Land Government consists of the Governor, the requisite number of deputies, and other members.
  4. Before assumption of office the Governor renders to the Federal President, the other members of the Land Government render to the Governor an affirmation with respect to the Federal Constitution. The addition of a religious asseveration is admissible.

Art 102

  1. In the sphere of the Laender, in so far as no Federal authorities exist (direct Federal administration), the Governor and the Land authorities subordinate to him exercise the executive power of the Federation (indirect Federal administration). In so far as Federal authorities, especially Federal police directorates, are entrusted with the execution of matters which are performed as indirect Federal administration, these Federal authorities are subordinate to the Governor and bound by his instructions (Art. 20 para 1); whether and to what extent such Federal authorities are entrusted with executive acts is regulated by Federal laws; these may, in so far as they do not concern the mandate stated in para 2 below, only be published with the sanction of the Laender concerned.
  2. The following matters can within the framework of the constitutionally established sphere of competence be directly performed by Federal authorities: demarcation of frontiers, trade in goods and livestock with other countries, customs, regulation and control of entry into and exit from Federal territory, passports, banishment, expulsion and deportation; asylum; extradition, Federal finances, monopolies, the monetary-, credit-, stock exchange, banking, the weights and measures, standards and hallmark system, , administration of justice, press affairs, the maintenance of peace, order and security, including the extension of primary assistance in general, but excluding those of the local public security administration, matters pertaining to association and assembly, the aliens police and matters pertaining to residence registration, matters pertaining to weapons, ammunition and explosives as well as the use of firearms, patent matters and the protection of designs, trade marks, and other commodity description, the traffic system, river and navigation police, the postal and telecommunications system, mining, Danube control and conservation, regulation of torrents, construction and maintenance of waterways, surveying, labour legislation social and contractual insurance, commercial transactions in seed and plant commodities, in fodder and fertilizer as well as plant preservatives, and in plant safety appliances including their admission and, in the case of seed and plant commodities, the preservation of monuments, organisation and command of the Federal police likewise their acceptance; military affairs, matters of civilian service welfare measures for combatants and their dependants, population policy in so far as it concerns the grant of children's allowances and the organization of burden equalization on behalf of families; schooling as well as education in matters pertaining to pupil and student hostels with the exception of agricultural and forestry education in matters pertaining to student hostels, public tendering.
  3. The Federation remains entitled to delegate to the Governor its executive power also in the matters enumerated in para 2 above.
  4. The establishment of Federal authorities for matters other than those specified in para 2 above can ensue only with the sanction of the Laender concerned.
  5. If in a Land the immediate enactment of measures in matters pertaining to the direct Federal administration becomes necessary to avert manifest, irreparable harm to the community as a whole in circumstances where the highest authorities of the Federal administration are impeded by events beyond their control, the Governor must take the measures on their behalf.

Art 103

  1. In matters of the indirect Federal administration the Governor is bound by instructions from the Federal Government and individual Federal Ministers (Art. 20) and he is obliged, in order to effect the implementation of such instructions, also to employ the powers available to him in his capacity as a functionary of the Land's autonomous sphere of competence.
  2. A Land Government, when it draws up its Standing Orders, can decide that specific categories of business pertaining to the indirect Federal administration shall be conducted by members of the Land Government in the name of the Governor because of their substantive relationship with matters pertaining to the Land's autonomous sphere of competence. In such business the members concerned of the Land Government are as much bound by the instructions of the Governor (Art. 20) as is the latter by the instructions of the Federal Government or individual Federal Ministers.
  3. Instructions issued by the Federal Government or individual Federal Ministers in accordance with para 1 above shall also in instances falling under para 2 above be addressed to the Governor. The latter, should he not himself be conducting the relevant business of the indirect Federal administration, is responsible (Art. 142 para 2 sub-para e) for passing the instruction in writing without delay and unaltered to the Land Government member concerned and for supervising its implementation. If the instruction is not complied with, although the Governor has made the necessary arrangements, the Land Government member concerned is pursuant to Art. 142 responsible to the Federal Government as well.
  4. In matters pertaining to the indirect Federal administration, in so far as it is the Governor's responsibility as the appeal authority to reach a decision and Federal law because of the matter's importance does not exceptionally provide otherwise, the Governor is the final instance of appeal; if the decision rests in the first instance with the Governor, the stages of administrative appeal in matters pertaining to the indirect Federal administration extend, unless provided otherwise by Federal law, to the competent Federal Minister.

Art 104

  1. The provisions of Art. 102 shall not apply to agencies for the performance of Federal business specified in Art. 17.
  2. Nonetheless the Federal Minister entrusted with the administration of Federal assets can assign the performance of such business to a Governor and the authorities subordinate to him. Such an assignment can at any time be revoked in part or in whole. To what extent in exceptional instances the Federation makes recompense for the accrued costs of performing such business will be regulated by Federal law. Art. 103 paras 2 and 3 apply analogously.

Art 105

  1. The Governor represents the Land. In matters pertaining to the indirect Federal administration he is pursuant to Art. 142 responsible to the Federal Government. The Governor has a member of the Land Government to substitute for him (Deputy Governor) who is designated by the Land Government. This appointment shall be notified to the Federal Chancellor. Should the need for substitution occur, the member of the Land Government appointed as substitute is pursuant to Art. 142 likewise responsible to the Federal Government in matters pertaining to the indirect Federal administration. Immunity is no bar to the assertion of such responsibility on the part of the Governor or the member of the Land Government who substitutes for him. Immunity is likewise no bar to the assertion of responsibility on the part of a member of the Land Government in a case arising under Art. 103 para 3.
  2. The members of the Land Government are responsible to the Diet pursuant to Art. 142.
  3. A vote to prefer a charge within the meaning of Art. 142 requires the presence of half the members.

Art 106

An administrative civil servant with legal training will be appointed to take charge as The Land administration's chief executive of the Land Government Office's internal services. He is also the official assistant of the Governor in matters pertaining to the indirect Federal administration.

Art 107

(Note: Repealed by F.L. G. No. 44411974)

Section B. The Federal Capital Vienna

Art 108

  1. For the Federal capital, Vienna, in its capacity as a Land, the municipal council has additionally the function of the Diet, the city senate the function of the Land Government, the mayor the function of the Governor, the City administration the function of the Land Government Office, and the city administration's chief executive the function of the Land administration's chief executive.
  2. (Note: Repealed by F.L. G. No. 53911977)

Art 109

In Land Vienna the chain of appeal in matters pertaining to the indirect Federal administration, unless precluded by Federal law, is from the City administration acting as district administrative authority or, in so far as Federal authorities are in the first instance entrusted with their execution (Art. 102, para I second sentence), from them to the mayor in his capacity as Governor; in other respects Art. 103 para 4 applies.

Art 110

(Note: Repealed by F.L.G. No. 49011984)

Art 111

The final decision in matters pertaining to building and taxation lies with special committees of officials. Their composition and appointment will be prescribed by Land law.

Art 112

Allowing for Arts. 108 to 111 inclusive, the provisions of Section A of the fifth Chapter hold good in other respects for the Federal capital Vienna, with the exception of Art. 117 para 6 second phrase, Art. 119 para 4 and Art. 11 9a. Art. 142 para 2 subpara e also applies to the conduct of the sphere of competence assigned by the Federation to the Federal capital, Vienna.

Art 113

(Repealed)

Art 114

(Repealed)

Chapter V. Self administration

Section A. municipalities

Art 115

  1. In so far as in the following Articles the term municipality is used, the reference is to be taken as meaning local community.
  2. Save as competence on the part of the Federation is expressly stipulated, Land legislation shall prescribe laws pertaining to municipalities in accordance with the principles of the Articles contained in this Section. Competence for the settlement of matters which, pursuant to Arts. 118, 118a and 119, are to be performed by the municipalities will be determined in accordance with the general provisions of this Federal Constitutional Law.
  3. The Austrian Association of municipalities (Austrian Communal Federation) and the Austrian Association of Cities and Towns (Austrian Municipal Federation) are competent to represent the interests of the municipalities.
Municipal government

Art 116

  1. Every Land is divided into municipalities. The municipality is a territorial corporate body entitled to self-administration while being at the same time an administrative local district. Every piece of land must form part of a municipality.
  2. The municipality is an independent economic entity. It is entitled, within the limits of the general laws of the Federation and the Laender, to possess assets of all kinds, to acquire and to dispose of such at will, to operate economic enterprises as well as to manage its budget independently within the framework of the constitutional finance provisions and to levy taxation.
  3. A municipality with at least 20,000 inhabitants shall at its own request, if Land interests are not thereby jeopardized, be awarded its own charter by way of Land legislation (town charter). Such an enactment may only be published with Federal Government approval. This shall be deemed given if the Federal Government within eight weeks from the day of the enactment's arrival at the competent Federal Ministry has not informed the Governor that the approval is refused. A town with its own charter shall perform besides its municipal administrative duties also those of the district administration.
  4. (Note: Repealed by F.L.G. No. 49011984)

Art 116a

  1. For the performance of specific matters within their own sphere of competence municipalities can by agreement associate in municipality associations. Such an agreement requires the sanction of the supervisory authority. The sanction shall be conferred by ordinance if a lawful agreement between the municipalities concerned is on hand and the formation of the municipal association
    1. does not in the case of performance of tasks appurtenant to the sovereign administration jeopardize the function of the municipalities concerned as self-administrative corporate bodies,
    2. in the case of performance of tasks appurtenant to the municipalities as holders of private rights it lies for reasons of expediency, economic efficiency, and thrift in the interest of the municipalities concerned.
  2. In the interest of expediency the competent legislation (Arts. 10 to 15) can provide for the performance of specific tasks by the formation of municipal associations, but the function of the municipalities as self-administrative corporate bodies and administrative local districts may not thereby be jeopardized. The municipalities concerned shall by way of an executive measure be given a hearing prior to the formation of municipal associations.
  3. In so far as municipal associations are to undertake matters pertaining to the municipality's own sphere of competence, the members of the municipal association shall be accorded decisive influence upon the performance of the municipal association's functions.
  4. The Land legislature shall prescribe the organization of the municipal association and in this connection it shall provide for an association board, which must in any case consist of elected representatives from all member municipalities, and an association chairman. Rules shall moreover be established, in the case of municipal associations formed by agreement, as regards admission to and withdrawal from the municipal association as well as its dissolution.
  5. Competence as to the regulation of matters to be undertaken by the municipal associations is governed by the general provisions of this Federal Constitutional Law.
Municipal government

Art 117

  1. The authorities of the municipality shall in every instance include:
    1. the municipal council, being a general representative body to be elected by those entitled to vote in the municipality;
    2. the municipal executive board (city council), or in towns with their own charter the city senate;
    3. the mayor.
  2. The municipal council is elected on the basis of proportional representation by equal, direct, personal and secret suffrage by the male and female Federal nationals who have their principal domicile in the municipality. The election regulations laws can however stipulate that also nationals who have a domicile, but not their principal domicile, in the municipality, are entitled to vote. In the electoral regulations the conditions for suffrage and electoral eligibility may not be more restrictive than in the electoral regulations for the Diet; the provision can however be made that individuals who have not yet been a year resident in the municipality shall not be entitled to vote or to stand for election to the municipal council if their residence in the municipality is manifestly temporary. Among the conditions to be laid down by the election regulation is the entitlement to suffrage and electoral eligibility also for nationals of other European member states. The electoral regulation can provide that the voters exercise their suffrage in self-contained constituencies. . A division of the electorate into other electoral bodies is not admissible. Article 26 para 6 is to be applied accordingly. The electoral regulations can, in cases where no election proposals are brought forward, decree that individuals shall be deemed elected whose names appear most frequently on the ballot papers.
  3. A simple majority by members present in sufficient numbers to form a quorum is requisite to a vote by the municipal council; for certain matters, though, other requirements for the adoption of resolutions can be provided.
  4. Meetings of the municipal council are public, but provision can be made for exceptions. The public may not be excluded when the municipal budget or the municipal final accounts are on the agenda.
  5. Electoral parties represented in the municipal council have a claim to representation on the municipal executive board in accordance with their strength.
  6. The mayor shall be elected by the municipal council. Land constitution can however stipulate that the mayor shall be elected by those with municipal council suffrage. In this case Article 26 para 6 is to be applied accordingly.
  7. The business of the municipalities will be performed by the local administrative office (city administrative office), that of towns with their own charter by the City administration. A civil servant with legal training shall be appointed to take charge as city administration's chief executive of the City administration's internal services.
  8. The Land legislature can in matters pertaining to the municipality's own sphere of competence provide for the direct participation and assistance of those entitled to vote in the municipal council election.

Art 118

  1. A municipality has its own sphere of competence and one assigned to it either by the Federation or the Land.
  2. Its own sphere of competence comprises, apart from the matters mentioned in Art. 116 para 2, all matters exclusively or preponderantly the concern of the local community as personified by a municipality and suited to performance by the community within its local boundaries. Legislation shall expressly specify matters of that kind as being such as fall within the municipality's own sphere of competence.
  3. A municipality is guaranteed official responsibility in its own sphere of competence for performance of the following matters in particular:
    1. appointment of the municipal authorities, notwithstanding the competence of election boards at a higher level; settlement of the internal arrangements for performance of the municipal functions;
    2. appointment of the municipal staff and exercise of the service prerogative over them, notwithstanding the competence of disciplinary, eligibility, and exam commissions at a higher level;
    3. local public security administration (Art. 15 para 2), local events control;
    4. administration of municipal traffic areas, local traffic police;
    5. crops protection police;
    6. local market police;
    7. local sanitary police, especially in the field of emergency and first aid services as well as matters pertaining to deaths and interment;
    8. public decency;
    9. local building police excluding Federal-owned buildings which serve public purposes (Art. 15 para 5); local fire control; local development planning;
    10. public services for extra-judicial settlement of disputes;
    11. voluntary sale of movables.
  4. The municipality shall perform the business for which it is competent within the framework of the laws and ordinances of the Federation and the Land on its own responsibility free from instructions and - subject to the provisos of Art. l19a para 5 - to the exclusion of legal redress to administrative authorities outside the municipality. A right of supervision (Art. 11 9a) pertains to the Federation and to the Land over the municipality with respect to its performance in its own sphere of competence. The provisions of Art. 12 para 2 remain unaffected.
  5. The mayor, the members of the municipal executive board (city council, city senate) and, if appointed, other municipal officials are responsible to the municipal council for the performance of their functions relating to the municipality's own sphere of competence.
  6. The municipality is entitled in matters pertaining to its own sphere of competence to issue on its own initiative local police ordinances for the prevention of imminently to be expected or existent nuisances interfering with local communal life as well as to declare non-compliance with them an administrative contravention. Such ordinances may not violate existent laws and ordinances of the Federation and Land.
  7. On application by a municipality the performance of certain matters in its own sphere of competence can, in accordance with Art. I 19a para 3, be assigned by ordinance of the Land Government or by ordinance of the Governor to a state authority. In so far as such an ordinance is meant to assign competence to a Federal authority, it requires the approval of the Federal Government. In so far as such an ordinance by the Governor is meant to assign competence to a Land authority, it requires the approval of the Land Government. Such an ordinance shall be rescinded as soon as the reason for its issue has ceased. Assignment does not extend to the right to issue ordinances in accordance with para 6 above.
  8. The establishment of a municipal constabulary or a change in its organization must be notified to the Federal Government.

Art 118a

  1. Federal or Land law may provide that with the approval of the municipality the members of a municipal constabulary may be empowered to perform executive services for the competent authority.
  2. With the approval of the municipality, the district administrative authority may empower members of a municipal constabulary to participate in the application of administrative penal law to the same extent as the other organs of the public safety service. This mandate can be issued only to the extent to which the organs of the public safety service have to supervise the compliance with the administrative regulations in the matter that constitutes the subject of the administrative penal proceedings or to the extent to which this matter falls into the municipality's sphere of competence.

Art 119

  1. The assigned sphere of competence comprises those matters which the municipality in accordance with Federal laws must undertake at the order and in accordance with the instructions of the Federation or in accordance with Land laws at the order and in accordance with instructions of the Land.
  2. The business of the assigned sphere of competence is performed by the mayor. In doing so, he is in matters pertaining to Federal execution bound by instructions from the competent Federal authorities, in matters pertaining to Land execution by instructions from the competent Land authorities; he is responsible in accordance with para 4.
  3. The mayor can - without detraction from his responsibility - on account of their factual connection with matters pertaining to the municipality's own sphere of competence transfer individual categories of matters pertaining to the assigned sphere of competence to members of the municipal executive board (city council, city senate), other authorities created in accordance with Art. 117 para I or members of official bodies for performance in his name. In these matters the authorities concerned or their members are bound by the instructions of the mayor and responsible in accordance with para 4.
  4. In so far as intent or gross negligence can be laid to their charge, the authorities named in paras 2 and 3 above can on account of breach of law as well as on account of non-compliance with an ordinance or instruction be declared to have forfeited their office, by the Governor if they were acting in the field of Federal execution, by the Land Government if they were acting in the field of Land execution. Should such a person belong to the municipal council, the membership is not thereby affected.

Art 119a

  1. The Federation and the Land exercise the right of supervision over a municipality to the purpose that it does not infringe laws and ordinances in dealing with its own sphere of competence, in particular does not overstep its sphere of competence, and fulfills the duties legally devolving upon it.
  2. The Land has furthermore the right to examine the financial administration of a municipality with respect to its thrift, efficiency, and expediency. The result of the examination shall be conveyed to the mayor for submission to the municipal council. The mayor shall within three months inform the supervisory authority of the measures taken by reason of the result of the check.
  3. In so far as a municipality's own sphere of competence comprises matters deriving from the sphere of Federal execution, the right of supervision and its legislative regulation lie with the Federation, in other respects with the Laender; the right of supervision shall be exercised by the authorities of the ordinary public administration.
  4. The supervisory authority is entitled to inform itself about every kind of municipal business. The municipality is bound to impart the information demanded in individual cases by the supervisory authority and to allow examination to be conducted on the spot.
  5. Whoever alleges infringement of his rights through the ruling of a municipal authority in matters pertaining to its own sphere of competence can, after exhaustion of all channels of appeal (Art. 118 para 4), within two weeks after issue of the ruling make representations against it to the supervisory authority. The latter shall rescind the ruling, if the rights of the intervener have been infringed by it, and refer the matter for a fresh decision to the municipality. For towns with their own charter the competent legislature (para 3) can direct that representation to the supervisory authority does not take place.
  6. The municipality shall without delay advise the supervisory authority of ordinances issued in its own sphere of competence. The supervisory authority shall after a hearing of the municipality rescind ordinances which are contrary to law and simultaneously advise the municipality of the reasons.
  7. In so far as the competent legislature (para 3) contemplates the dissolution of the municipal council as a supervisory expedient, this measure rests with the Land Government in exercise of the Land's right of supervision, with the Governor in exercise of the Federation's right of supervision. The admissibility of effecting a substitution shall be confined to cases of absolute necessity. Supervisory expedients shall be applied with greatest possible consideration for third parties' acquired rights.
  8. Individual measures to be taken by a municipality in its own sphere of competence but which to a special degree affect extra-local interests, particularly such as have a distinct financial bearing, can be tied by the competent legislature (para 3) to a sanction on the part of the supervisory authority. Only a state of affairs which unequivocally justifies the preference of extra-local interests may come into consideration as a reason for withholding the sanction.
  9. The municipality has the status of a party to supervisory authority proceedings; it is entitled to lodge complaint with the Administrative Court (Arts. 131 and 132) and with the Constitutional Court (Art. 144) against the supervisory authority.
  10. The provisions of this Article shall find corresponding application to supervision of municipal associations in so far as these perform matters pertaining to a municipality's own sphere of competence.

Art 120

The combination of local communities into territorial communities, their establishment in line with the pattern of self-administration, and the determination of other principles for the organization of the ordinary public administration in the Laender is the business of Federal constitutional legislation; its implementation devolves upon the Land legislatures. Settlement of the competence in matters pertaining to the service code for and staff representation rights of the territorial community employees is the business of Federal constitutional legislation.

Section B. Other self administration

Art 120a

  1. People may be united by law to self administrating bodies to autonomously take care of public interests being in their exclusive or preponderant common interest and qualified to be handled jointly by them.
  2. The Republic recognizes the role of the social partners. It respects their autonomy and supports the social partners' dialogue by instituting self administration bodies.

Art 120b

  1. The self administrating bodies are authorized to take care of their tasks in own responsibility without instructions and to render statutes in the frame of the laws. The Federation or the Land have a right of supervision over them on the basis of the legal regulations with regard to the legality of the handling of the administration. Such right of supervision may also extend to the expedience of the handling of the administration, if such is required because of the tasks of the self administering body. By law ways of participation of the self administering bodies in the public execution maybe provided.
  2. Upon the self administering bodies tasks of administration of the state may be conferred. The laws have to expressly indicate that such matters belong to the assigned executive responsibility and to provide a binding effect of the instructions by the supreme administrative authorities.
  3. The laws may provide forms of participation of self administering bodies in the execution of state affairs.

Art 120c

  1. The organs of the self administering bodies are to be established according to democratic principles out of its members.
  2. Thrifty and economical performance of the tasks of the self administrate bodies is to be safeguarded of the basis on the legal regulations by contributions of its members or other means.
  3. The self administering bodies are independent business entities. In the frame of the laws they may, in order to fulfill their tasks, acquire possess and dispose of all kinds of assets.

Chapter VI. Control of Public Accounts and Administration of Public Funds

Establishment of constitutional court, Establishment of administrative courts

Art 121

  1. Competent to examine the administration of public funds by the Federation, the Laender, the municipal associations, the municipalities and other legal entities determined by law is the Public Audit Office.
  2. The Public Audit Office draws up the final Federal budget accounts and submits them to the National Council.
  3. All vouchers about financial debts of the Federation, in so far as they remit in liability on the part of the Federation, shall be countersigned by the President of the Public Audit Office or, should he be impeded, by his deputy. The countersignature guarantees only the legality of the borrowing and the correct registration in the ledger of the national debt.
  4. Every second year the Public Audit Office shall in the case of undertakings and agencies subject to its control and on which it has a duty to report to the National Council ascertain by a request for information from these undertakings and agencies the average incomes, including all social service payments, contributions in kind, and additional retirement benefits, of members of the management board and the supervisory board as well as of all employees and report thereon to the National Council. The average incomes of the foregoing categories of persons shall in this connection be shown separately for each undertaking and each agency.

Art 122

  1. The Public Audit Office is directly subordinate to the National Council. It acts as agent for the National Council in matters pertaining to Federal administration of public funds and the financial administration of professional corporations in so far as they come under the executive authority of the Federation, as agent for the Diet concerned in matters pertaining to Laender, municipal associations, and municipal administration of public funds as well as the financial administration of professional corporations in so far as they come under the executive authority of the Laender.
  2. The Public Audit Office is independent of the Federal Government and the Land Governments and subject only to the provisions of the law.
  3. The Public Audit Office consists of a President and the requisite officials and auxiliary personnel.
  4. The President of the Public Audit Office is elected on the proposal of the Main Committee of the National Council for a twelve years period of office; re-election is inadmissible. Before his assumption of office he renders an affirmation to the Federal President.
  5. The President of the Public Audit Office may neither belong to any general representative body nor the European Parliament during the past five years have held office in the Federal or a Laender Government.

Art 123

  1. With regard to accountability the President of the Public Audit Office has the same status as members of the Federal Government or of members of the Land Government concerned, depending on whether the Public Audit Office acts as agent of the National Council or a Diet.
  2. He can be relieved of office by a vote of the National Council.

Art 123a

  1. The President of the Public Audit Office is entitled to participate in the debate by the National Council and its committees (sub-committees) on reports by the Public Audit Office, on the final Federal budget accounts, on motions concerning implementation of specific actions in the Public Audit Office's examination of the ad- ministration of public funds, and on the subdivisions relating to the Public Audit Office in the Federal Finance Act.
  2. The President of the Public Audit Office has, in accordance with the detailed provisions of the Federal law on the National Council's Standing Orders, always the right at his own request to be heard in the debates on the subjects listed in para 1 above.

Art 124

  1. Should the President of the Public Audit Office be prevented from the discharge of his responsibilities, the senior official of the Public Audit Office will act for him. This also holds good if the office of President is vacant. Who shall act in the National Council as deputy for the President of the Public Audit Office is settled by the Federal law on the National Council's Standing Orders.
  2. If someone deputizes for the President, the provisions of Art. 123 para 1 apply to the deputy.

Art 125

  1. The officials of the Public Audit Office are appointed by the Federal President upon the recommendation and with the countersignature of the President of the Public Audit Office; the same holds good for the conferment of the official titles. The Federal President may however authorize the President of the Public Audit Office to appoint officials of certain categories.
  2. The President of the Public Audit Office appoints the auxiliary personnel.
  3. The Federal service prerogative with regard to employees of the Public Audit Office is exercised by the President of the Public Audit Office.

Art 126

No member of the Public Audit Office may be a participant in the management and administration of enterprises subject to control by the Public Audit Office. Just as little may a member of the Public Audit Office participate in the management and administration of any other enterprises operating for profit.

Art 126a

Should divergences of opinion arise between the Public Audit Office and a legal entity (Art. 121 para 1) on interpretation of the legal provisions which prescribe the competence of the Public Audit Office, the Constitutional Court decides the issue upon application by the Federal Government or a Land Government or the Public Audit Office. All legal entities must in accordance with the legal opinion of the Constitutional Court render possible a scrutiny by the Public Audit Office.

Art 126b

  1. The Public Audit Office shall examine the entire management of the Federation and furthermore the financial administration of endowments, funds and institutions administered by Federal authorities or persons (groups of persons) appointed for the purpose by authorities of the Federation.
  2. The Public Audit Office also examines the financial administration of enterprises where the Federation, either as the sole participant or together with other legal entities falling within the competence of the Public Audit Office, at any rate holds at least fifty per cent of the share, stock, or equity capital or where the Federation is either their sole or joint operator with other such legal entities. The Public Audit Office also examines the financial administration of enterprises of which the Federation, either as the sole participant or together with legal entities falling within the competence of the Public Audit Office, has de facto control by other financial, other economic, or organizational measures. The competence of the Public Audit Office extends moreover to enterprises of any additional category where the conditions pursuant to this paragraph exist.
  3. The Public Audit Office is competent to examine the financial administration of corporations under public law using Federal funds.
  4. The Public Audit Office shall on a vote by the National Council or at the request of National Council members carry out special measures of investigation into financial administration which falls into its sphere of competence. The more detailed regulation will be laid down by the Federal law on the National Council's Standing Orders. The Public Audit Office shall likewise carry out such measures at the substantiated request of the Federal Government or a Federal Minister and report the result to the applicant authority.
  5. Examination by the Public Audit Office shall extend to arithmetical correctness, compliance with existing regulations, and the employment of thrift, efficiency and expediency.

Art 126c

The Public Audit Office is competent to examine the financial administration of the social insurance institutions.

Art 126d

  1. The Public Audit Office annually renders the National Council not later than 31 December in any year a report on its activities. The Public Audit Office can moreover at any time report to the National Council its observations on individual matters and, if necessary, make proposals. The Public Audit Office must simultaneously with its submission to the National Council inform the Federal Government of every report. The Public Audit Office's reports shall be published after submission to the National Council.
  2. A Standing Committee shall be appointed by the National Council to discuss the reports of the Public Audit Office. Its appointment shall maintain the principle of proportional representation.

Art 127

  1. The Public Audit Office shall examine the financial administration of the Laender in their autonomous sphere of competence as well as the financial administration of endowments, funds and institutions administered by the authorities of a Land or persons (groups of persons) appointed for the purpose by authorities of the Land. The examination shall extend to arithmetical correctness, compliance with existing regulations, and the employment of thrift, efficiency and expedience in the financial administration; it shall not however include the resolutions passed by the constitutionally competent representative bodies with respect to the financial administration.
  2. The Land Governments shall annually transmit to the Public Audit Office the budget estimates and the final budget accounts.
  3. The Public Audit Office also examines the financial administration of enterprises where the Land is either the sole participant or holds at least fifty per cent of the share, stock, or equity capital together with other legal entities falling within the competence of the Public Audit Office or where the Land is either their sole or joint operator with other such legal entities. As regards the powers of examination in case of de facto control Art. 126b para 2 holds good analogously. The competence of the Public Audit Office extends moreover to enterprises of any additional category where the conditions pursuant to this paragraph exist.
  4. The Public Audit Office is competent to examine the financial administration of corporations under public law using Land funds.
  5. The result of its examination is communicated by the Public Audit Office to the Land concerned. The latter shall comment upon this and within three months advice the Public Audit Office of the measures taken by reason of the examination's result.
  6. The Public Audit Office annually renders the Diet, at the latest by 31 December in any year, a report on those of its activities relating to the Land. The Public Audit Office can moreover at any time report to the Diet its observations on individual matters. The Land Government and the Federal Government must be informed of every report by the Public Audit Office simultaneously with its submission to the Diet. The Public Audit Office's reports shall be published after submission to the Diet.
  7. On a vote by the Diet or at the request of Diet members, their numbers regulated by Land constitutional law but not permitted to exceed one third, the Public Audit Office shall carry out special measures of investigation which fall into its sphere of competence. As long as the Public Audit Office has by reason of such a motion not rendered the Diet a report, no additional motion of such kind may be proposed. The Public Audit Office must likewise carry out such measures at the substantiated request of a Land Government and report the result to the applicant authority.
  8. The provisions of this Article also hold good for the examination into the financial administration of the City of Vienna, the municipal council taking the place of the Diet and the city senate taking the place of the Land Government.

Art 127a

  1. The Public Audit Office shall examine the financial administration of municipalities with at least 20.000 inhabitants as well as the financial administration of endowments, funds and institutions administered by the authorities of a municipality or persons (groups of persons) appointed for the purpose by the authorities of a municipality. The examination shall extend to the arithmetical correctness, compliance with existing regulations, and the employment of thrift, efficiency and expediency in the financial administration.
  2. The mayor shall annually transmit to the Public Audit Office and simultaneously to the Land Government the budget estimates and the final budget accounts.
  3. The Public Audit Office also examines the financial administration of enterprises where a municipality with at least 20.000 inhabitants is either the sole participant or holds at least fifty per cent of the share, stock, or equity capital together with other legal entities falling within the competence of the Public Audit Office or where the municipality is either their sole or joint operator with other such legal entities. As regards the powers of examination in case of de facto control Art. 126b para 2 holds good analogously. The competence of the Public Audit Office extends moreover to enterprises of any additional category where the conditions pursuant to this paragraph exist.
  4. The Public Audit Office is competent to examine the financial administration of corporations under public law using funds of a municipality with at least 20,000 inhabitants.
  5. The result of its examination is transmitted by the Public Audit Office to the mayor. The latter shall comment upon this and within three months advise the Public Audit Office of the measures taken by reason of the examinations's result. The Public Audit Office shall advise the Land Government and the Federal Government of the result of its examination into the financial administration together with any possible comment by the mayor.
  6. The Public Audit Office annually renders the municipal council, at the latest by 31 December, a report on its activities in so far as they concern the municipality. The Land Government and the Federal Government must likewise be informed of every report by the Public Audit Office simultaneously with its submission to the municipal council. The reports shall be published after submission to the municipal council.
  7. The Public Audit Office shall also at the substantiated request of the competent Land Government examine in individual cases the financial administration of municipalities with less than 20,000 inhabitants and inform the Land Government of the result of this examination. Paras I and 3 of this Article are applied analogously.
  8. The provisions holding good for the examination of the financial administration of municipalities with at least 20,000 inhabitants shall apply analogously to the examination of the financial administration of municipal associations.

Art 127b

  1. The Public Audit Office is entitled to examine the financial administration of the professional corporations.
  2. The professional corporations shall annually transmit to the Public Audit Office the budget estimates and the final budget accounts.
  3. The examination by the Public Audit Office shall extend to arithmetical correctness, compliance with existing regulations, and the employment of thrift and efficiency in the financial administration; this examination does not however include resolutions by the competent authorities of the professional corporations governing the financial administration on behalf of tasks relating to representation of their members' interests.
  4. The Public Audit Office shall notify the Chairman of the constituent authority (representative body) of the professional corporation of the result of the examination together with any possible opinion thereon to the constituent authority (representative body) of the professional corporation. The Public Audit Office shall at the same time inform likewise the authority competent at the highest level for supervision of the professional corporation as regards the result of its examination. The reports of the Public Audit Office shall be published after submission to the constituent authority (representative body).

Art 127c

If the Laender, for their sphere of competence, create institutions equivalent to the Public Audit Office, Land constitutional law may provide for a regulation corresponding to Art. 126a, first sentence. In such case, sentence two of Art. 126a applies as well.

Art 128

The more detailed provisions about the establishment and activity of the Public Audit Office will be laid down by Federal law.

Chapter VII. Constitutional and Administrative Guarantees

Art 129

The authorities competent to secure the legality of all acts of administration are the independent administrative tribunals in the Laender, the Asylum Court and the Administrative Court.

Section A. Independent Administrative Tribunals in the Laender

Art 129a

  1. The independent administrative tribunals in the Laender pronounce judgment after exhaustion of the administrative appeal stages, in so far as such come into consideration,
    1. in proceedings on the ground of administrative contraventions, Federal fiscal penal cases excepted,
    2. on complaints by persons who allege infringement of their rights through the exercise of direct administrative power and compulsion, Federal fiscal penal cases excepted,
    3. in other matters which by the Federal or Land laws regulating individual areas of the administration are assigned to them,
    4. on complaints on the ground of contravention of the onus for decision in matters relating to subpara I above in so far as private prosecution or penal tax law regulated by Land legislation is concerned, and subpara 3 above.
  2. Legislative provision can be made for appeals against decisions of first instance being able to be taken directly to the independent administrative tribunal in the Land. Such Federal laws may be published in matters relating to indirect Federal administration as well as to Arts. 11 and 12 only with agreement of the Laender concerned.
  3. Art. 89 applies analogously to the independent administrative tribunals in the Laender.

Art 129b

  1. The independent administrative tribunals in the Laender consist of a Chairman, a Deputy Chairman, and the requisite number of other members. The Land Government appoints the members for at least six years. No fewer than a quarter of the members have to be drawn from professional appointments in the Federation.
  2. The members of the independent administrative tribunals are not bound by any instructions in the performance of the tasks referred to them in accordance with Arts. 129a and 129b. Business shall be allocated in advance among members of the independent administrative tribunals for the period regulated by Land legislation; a matter devolving upon a member in accordance with this allocation may only in case of his being prevented from the discharge of his responsibilities be removed from him at the ruling of the Chairman.
  3. Members of the independent administrative tribunals in the Laender may before expiry of the period of appointment be removed from office only in the legally specified instances and only at the resolution of the independent administrative tribunal.
  4. The members of the independent administrative tribunals in the Laender must be jurists. For their period of office they may not practise any activity liable to evoke doubts as to the independent conduct of their office.
  5. In accordance with the Federal law regulating procedure before independent administrative tribunals in the Laender the decisions of these authorities are delivered by one or more members.
  6. The organization of the independent administrative tribunals in the Laender and the service code of their members is regulated by Land law, the procedure by Federal law.

Section B. Asylum Court

Art 129c

The Asylum Court pronounces judgement after exhaustion of the administrative appeal stages

  1. on decisions of the administrative authorities in Asylum cases.
  2. on complaints on the ground of contravention of the onus for decision in Asylum cases.

Art 129d

  1. The seat of the Asylum Court is the Federal Capital Vienna, the creation of branch offices is admissible.
  2. The Asylum Court consists of one president, one vice president and the necessary number of other members. The members of the Asylum Court are appointed by the Federal President upon proposal of the Federal Government.
  3. All members of the Asylum Court must have completed legal studies or legal- and political science studies and have had at least five years of legal professional experience.
  4. The members of the Asylum Court are judges. Art. 87 para I and 2 and Art. 88 para I and 2 are to be applied accordingly.

Art 129e

  1. The Asylum Court pronounces judgement by single judges or in chambers to be constituted from the members of the Asylum Court, to be created by the General assembly or a committee to be elected amongst them, being chaired by the president. Legal issues of basic importance, especially inasmuch as the independent administrative tribunal's adjudication deviates from that of the Administrative Court, such adjudication is lacking or the legal issue in question has in the Administrative Court's adjudication not as yet been uniformly settled, as well as legal issues occurring in a relevant number of cases are, upon application of the single judge or the chamber to be decided by an enlarged senate (principal decision). Upon request of the Federal Minister for the Interior a principal decision is to be rendered.
  2. Business shall for the period provided by Federal law be allocated by the plenary assembly or its committee in advance among the single judges and chambers. A matter devolving upon a member in accordance with this allocation may be removed from his jurisdiction only in case of his being prevented from the discharge of his responsibilities or if he is prevented because of the extent of his duties.
  3. Art. 89 applies accordingly to the Asylum Court.

Art 129f

The detailed provisions on the organisation and the proceeding of the Asylum Court shall be determined by Federal Law.

Section C. The Administrative Court

Art 130

  1. The Administrative Court pronounces on complaints which allege
    1. illegality of rulings by administrative authorities including the independent administrative tribunals, or
    2. breach of the onus on administrative authorities including the independent administrative tribunals to take a decision.

    The Administrative Court furthermore pronounces on complaints against instructions received pursuant to Art. 81 a para 4.

  2. No illegality exists where legislation forbears from the establishment of a binding rule on an administrative authority's conduct, leaving the determination of such conduct to the authority itself, and the authority has made use of this discretion in the spirit of the law.
Establishment of constitutional court, Establishment of administrative courts

Art 131

  1. Complaint on the score of illegality can be brought against the ruling of an administrative authority by
    1. anyone who, after exhaustion of all appellate stages, alleges that the ruling infringes their rights;
    2. the competent Federal Minister in matters pertaining to Arts. 11, 12, 14 paras 2 and 3 and 14a paras 3 and 4 as well as in those matters where the ruling of a Land or district school board is based on a committee decision and the parties are no longer able to contest the ruling by way of appeal;
    3. the competent Land government against rulings by the Federal Minister competent in matters pertaining to the first sentence in Art. 15 para 5;
  2. The Federal or Land laws relating to the individual fields of administration regulate under what conditions complaints on the score of illegality are admissible against administrative authorities' rulings in cases other than those stated in para 1 above.
  3. The Administrative Court can dismiss the hearing of a complaint against a ruling by an independent administrative tribunal or the Federal Tender Office if the decision does not depend on a legal issue of basic importance, especially inasmuch as the independent administrative tribunal's or the Federal Tender Office's adjudication deviates from that of the Administrative Court, such adjudication is lacking or the legal issue in question has in the Administrative Court's adjudication not as yet been uniformly settled, in an administrative penal suit, moreover, only if a small monetary penalty was imposed. independent

Art 131a

(Note: Repealed by F.L. G. No. 68511988)

Art 132

Complaint for breach of the onus to take a decision by administrative authorities including the independent administrative tribunals can be brought by the party who in administrative proceedings was entitled to claim fulfilment of that onus of decision. A complaint for breach of the onus to take a decision in administrative penal cases is inadmissible; this does not apply to private prosecution and to fiscal penal cases.

Art 132a

  1. The Administrative Court pronounces judgement on principal decisions of the Asylum Court according to Art. 129e para 1 second phrase.
  2. Principal decisions of the Asylum Court are to be submitted to the Administrative Court ex officio. The Administrative Court always has to decide himself in the case. In case the decision of the Administrative Court is not rendered within six months after the principal decision has been submitted, it is deemed to be confirmed; Federal Law can provide suspension or interruption of this period for specific cases. Principal decisions are binding for all cases in which the legal issue answered is to be solved.

Art 133

The following matters are excluded from the jurisdiction of the Administrative Court:

  1. matters pertaining to the jurisdiction of the Constitutional Court:
  2. (Note: Repealed by F.L.G. No. 44411974)
  3. patent matters;
  4. matters where the final decision rests with a tribunal if, in accordance with the Federal or Land law which prescribes the organization of this authority, its membership includes at least one judge, the remaining members too are in the exercise of this office not bound by any instructions, the rulings of this authority are not subject to administrative rescission or alteration, and complaint to the Administrative Court, notwithstanding the fulfillment of these conditions, is not expressly declared admissible.

Art 134

  1. The Administrative Court consists of a President, a Vice-President, and the requisite number of other members (chamber presidents and Court councillors).
  2. Administrative court selection
    The President, the Vice-President, and the other members of the Administrative Court are appointed by the Federal President on the proposal of the Federal Government. The Federal Government submits its recommendations, in so far as appointment of the President or Vice-President is not concerned, on the basis of recommendations listing three candidates for each vacancy submitted by the Administrative Court in plenary session.
  3. Eligibility for administrative judges
    All members of the Administrative Court must have completed their studies in law and political science and for at least ten years have held a professional appointment which prescribes the completion of these studies. At least one third of the members must be qualified to hold judicial office while at least one quarter should be drawn from professional appointments in the Laender, whenever possible from the Laender's administrative service.
  4. Outside professions of legislators
    Members of the Federal Government, a Land Government, a general representative body or the European Parliament cannot be members of the Administrative Court; for members of a general representative body or the European Parliament elected for a fixed term of legislation or office such incompatibility continues until the expiry of that term of legislation or office even though they prematurely renounce their seat.
  5. Anyone who during the preceding five years has exercised one of the functions specified in para 4 above cannot be appointed President or Vice-President of the Administrative Court.
  6. The members of the Administrative Court are judges. The provisions of Art. 87 paras I and 2 and Art. 88 paras I and 2 apply to them.

Art 135

  1. The Administrative Court pronounces judgment through chambers which shall be constituted by the plenary assembly from members of the Administrative Court.
  2. Business shall for the period provided by Federal law be allocated by the plenary assembly in advance among the chambers.
  3. A matter devolving upon a member in accordance with this allocation may be removed from his jurisdiction only in case of his being prevented or if he is impeded from the discharge of his responsibilities within an adequate period of time.
  4. Art. 89 applies analogously to the Administrative Court.

Art 136

Detailed provisions about establishment, scope and procedure of the Administrative Court will be prescribed in a special Federal law and Standing Orders to be passed on the basis of this by the plenary assembly.

Section D. The Constitutional Court

Establishment of administrative courts, Constitutional court powers, Establishment of constitutional court

Art 137

The Constitutional Court pronounces on pecuniary claims against the Federation, the Laender, the municipalities and municipal associations which cannot be settled by ordinary legal process nor be liquidated by the ruling of an administrative authority.

Constitutional court powers

Art 138

  1. The Constitutional Court pronounces on conflicts of competence
    1. between courts and administrative authorities;
    2. between the Courts of Law and the Asylum Court or the Administrative Court, between the Asylum Court and the Administrative Court as well as between the Constitutional Court itself and all other Courts;
    3. between the Federation and a Land or between the Laender amongst themselves.
  2. The Constitutional Court furthermore determines at the application of the Federal Government or a Land Government whether an act of legislation or execution falls into the competence of the Federation or the Laender.

Art 138a

  1. The Constitutional Court establishes on application by the Federal Government or a Land Government concerned whether an agreement within the meaning of Art. 15a para 1 exists and whether the obligations arising from such an agreement, save in so far as it is a matter of pecuniary claims, have been fulfilled.
  2. If it is stipulated in an agreement within the meaning of Art. 15a para2, the Court also establishes on application by a Land Government concerned whether such an agreement exists and whether the obligations arising from such an agreement, save in so far as it is a matter of pecuniary claims, have been fulfilled.
Constitutionality of legislation, Constitutional court powers

Art 139

  1. The Constitutional Court pronounces on application by a court or an independent administrative tribunal whether ordinances issued by a Federal or Land authority, an independent Administrative Tribunal or the Federal Tender Office are contrary to law, but ex officio in so far as the Court would have to apply such an ordinance in a pending suit. It also pronounces on application by the Federal Government whether ordinances issued by a Land authority are contrary to law and likewise on application by the municipality concerned whether ordinances issued by a municipal affairs supervisory authority in accordance with Art. 119a para 6 are contrary to law. It pronounces furthermore whether ordinances are contrary to law when an application alleges direct infringement of personal rights through such illegality in so far as the ordinance has become operative for the applicant without the delivery of a judicial decision or the issue of a ruling; Art. 89 para 3 applies analogously to such applications.
  2. If the litigant in a suit lodged with the Constitutional Court, entailing application of an ordinance by the Constitutional Court, receives satisfaction, the proceedings initiated to examine the ordinance's legality shall nevertheless continue.
  3. The Constitutional Court may rescind an ordinance as contrary to law only to the extent that its rescission was expressly requested or the Court would have had to apply it in the pending suit. If the Court reaches the conclusion that the whole ordinance
    1. has no foundation in law,
    2. was issued by an authority without competence in the matter, or
    3. was published in a manner contrary to law,

    it shall rescind the whole ordinance as illegal. This does not hold good if rescission of the whole ordinance manifestly runs contrary to the legitimate interests of the litigant who has filed an application pursuant to the last sentence in para I above or whose suit has been the occasion for the initiation of ex officio examination proceedings into the ordinance.

  4. If the ordinance has at the time of the Constitutional Court's delivery of its judgment already been repealed and the proceedings were initiated ex officio or the application was filed by a court, an independent Administrative Tribunal, the Federal Tender Office or an applicant alleging direct infringement of his personal rights through the ordinance's illegality the Court must pronounce whether the ordinance contravened the law. Para 3 above applies analogously.
  5. The judgment by the Constitutional Court which rescinds an ordinance as contrary to law imposes on the highest competent Federal or Land authority in the obligation to publish the rescission without delay. This applies analogously in the case of a pronouncement pursuant to para 4 above. The rescission enters into force upon expiry of the day of publication if the Court does not set a deadline, which may not exceed six months or if legal dispositions are necessary 18 months, for the rescission.
  6. If an ordinance has been rescinded on the score of illegality or if the Constitutional Court has pursuant to para 4 above pronounced an ordinance to be contrary to law, all courts and administrative authorities are bound by the Court's decision, the ordinance shall however continue to apply to the circumstances effected before the rescission, the case in point excepted, unless the Court in its rescissory judgment decides otherwise. If the Court has in its rescissory judgment set a deadline pursuant to para 5 above, the ordinance shall apply to all the circumstances effected, the case in point excepted, till the expiry of this deadline.

Art 139a

The Constitutional Court pronounces on application by a court, an independent Administrative Tribunal or the Federal Tender Office, in case, however, the Constitutional Court would have to apply such pronouncement in a pending case, ex officio, on the illegality of pronouncements on the republication of a law (state treaty). It pronounces on the illegality of such pronouncements of a Land also upon request of the Federal Government and on the illegality of such pronouncements of the Federation also upon request of a Land Government. It further pronounces on the illegality of such pronouncements also upon request of a person alleging direct infringement of personal rights by such illegality, in so far as the pronouncement has become effective without the delivery of a judicial decision or the issue of a ruling. Art. 139 para 2 to 6 is to be applied accordingly.

Constitutionality of legislation, Constitutional court powers

Art 140

  1. The Constitutional Court pronounces on application by , the Supreme Court, a competent appellate court an independent administrative tribunal the Asylum Court, the Administrative Court or the Federal Tender Office whether a Federal or Land law is unconstitutional, but ex officio in so far as the Court would have to apply such a law in a pending suit. It pronounces als on application by the Federal Government whether Land laws are unconstitutional and likewise on application by a Land Government, by one third of the National Council's members, or by one third of the Federal Council's members whether Federal laws are unconstitutional. A Land constitutional law can provide that such a right of application as regards the unconstitutionality of Land laws lies with one third of the Diet's members. The Court pronounces furthermore whether laws are unconstitutional when an application alleges direct infringement of personal rights through such unconstitutionality in so far as the law has become operative for the applicant without the delivery of a judicial decision or the issue of a ruling; Art. 89 para 3 applies analogously to such applications.
  2. If the litigant in a suit lodged with the Constitutional Court, entailing application of a law by the Court, receives satisfaction, the proceedings initiated to examine the law's constitutionality shall nevertheless continue.
  3. The Constitutional Court may rescind a law as unconstitutional only to the extent that its rescission was expressly requested or the Court would have to apply the law in the suit pending with it. If however the Court concludes that the whole law was enacted by a legislative authority unqualified in accordance with the allocation of competence or published in an unconstitutional manner, it shall rescind the whole law as unconstitutional. This does not hold good if rescission of the whole law manifestly runs contrary to the legitimate interests of the litigant who has filed an application pursuant to the last sentence in para 1 above or whose suit has been the occasion for the initiation of ex officio examination proceedings into the law.
  4. If the law has at the time of the Constitutional Court's delivery of its judgment already been repealed and the proceedings were initiated ex officio or the application filed by a court, an independent Administrative Tribunal, the Federal Tender Office or an applicant alleging direct infringement of personal rights through the law's unconstitutionality, the Court must pronounce whether the law was unconstitutional. Para 3 above applies analogously.
  5. The judgment by the Constitutional Court which rescinds a law as unconstitutional imposes on the Federal Chancellor or the competent Governor the obligation to publish the rescission without delay. This applies analogously in the case of a pronouncement pursuant to para 4 above. The rescission enters into force upon expiry of the day of publication if the Court does not set a deadline for the rescission. This deadline may not exceed eighteen months.
  6. If a law is rescinded as unconstitutional by a judgment of the Constitutional Court, the legal provisions rescinded by the law which the Court has pronounced unconstitutional become effective again unless the judgment pronounces otherwise, on the day of entry into force of the rescission. The publication on the rescission of the law shall also announce whether and which legal provisions again enter into force.
  7. If a law has been rescinded on the score of unconstitutionality or if the Constitutional Court has pursuant to para 4 above pronounced a law to be unconstitutional, all courts and administrative authorities are bound by the Court's decision. The law shall however continue to apply to the circumstances effected before the rescission the case in point excepted, unless the Court in its rescissory judgment decides otherwise. If the Court has in its rescissory judgment set a deadline pursuant to para 5 above, the law shall apply to all the circumstances effected, the case in point excepted till the expiry of this deadline.
Legal status of treaties

Art 140a

  1. The Constitutional Court pronounces whether treaties are contrary to law. Art. 140 shall apply to treaties concluded with the sanction of the National Council pursuant to Art. 50 and to law-modifying of law-amending treaties pursuant to Art. 16 para 1, Art. 139 to all other treaties with the proviso that the authorities competent for their execution shall from the expiry of the day of the judgment's publication not apply those which the Court establishes as being contrary to law or unconstitutional unless it determines a deadline prior to which such a treaty shall continue to be applied. The deadline may not in the case of treaties specified in Art. 50 and of law-modifying or law-amending treaties pursuant to Art. 16 para I exceed two years, in the case of all others one year.
  2. If the Constitutional Court establishes that a treaty is contrary to law or unconstitutional upon expiry of the day of the publication of the judgement an order by the Federal President according to Art.65 para 1 second phrase concerning this state treaty or a resolution of the National Council according to Art. 50 para 2 is invalidated.
Constitutional court powers

Art 141

  1. The Constitutional Court pronounces upon
    1. challenges to the election of the Federal President and elections to the general representative bodies, the European Parliament and the constituent authorities (representative bodies) of statutory professional associations;
    2. challenges to elections to a Land Government and to municipal authorities entrusted with executive power;
    3. application by a popular representative body for a loss of seat by one of its members; application by at least eleven members of the European Parliament from the Republic of Austria for a loss of seat by a member from the Republic of Austria;
    4. application by a constituent authority (representative body) of a statutory professional association for a loss of seat by one of the members of such an authority;
    5. the challenge to rulings whereby the loss of a seat in a general representative body, in a municipal authority entrusted with executive power or in a constituent authority (representative body) of a statutory professional association has been enunciated, in so far as laws of the Federation or Laender governing elections provide for declaration of a loss of seat by the ruling of an administrative authority, and after all stages of legal remedy have been exhausted.

    The challenge (application) can be based on the alleged illegality of the electoral procedure or on a reason provided by law for the loss of membership in a general representative body, in the European Parliament, in a municipal authority entrusted with executive power, or in a constituent authority (representative body) of a statutory professional association. The Court shall allow an electoral challenge if the alleged illegality has been proved and was of influence on the election result. In the proceedings before the administrative authorities the general representative body or statutory professional association has litigant status.

  2. If a challenge pursuant to para I subpara a above is allowed and it thereby becomes necessary to hold the election to a general representative body, to the European Parliament or to a constituent authority of a statutory professional association in whole or in part again, the representative body's members concerned lose their seat at the time when it is assumed by those elected at the ballot which has to be held within a hundred days after delivery of the Constitutional Court's decision.
  3. The premises for a decision by the Constitutional Court in challenges to the result of popular initiatives, consultations of the people or referenda will be prescribed by Federal law. How long, in view of the possibility of such a challenge, it is necessary to retard publication of the law about which a referendum has taken place, can also be laid down by Federal law.
Constitutional court powers

Art 142

  1. The Constitutional Court pronounces on suits which predicate the constitutional responsibility of the highest Federal and Land authorities for legal contraventions culpably ensuing from their official activity.
  2. Suit can be brought:
    1. against the Federal President, for contravention of the Federal Constitution: by a vote of the Federal Assembly;
    2. against members of the Federal Government and the authorities placed with regard to responsibility on an equal footing with them, for contravention of the law: by a vote of the National Council;
    3. against an Austrian representative in the Council for contravention of law in matters where legislation would pertain to the Federation: by a vote of the National Council for contravention of law in matters where legislation would pertain to the Laender: by identically worded votes of all the Diets;
    4. against members of a Land Government and the authorities placed by the present Law or the Land constitution with regard to responsibility on an equal footing with them, for contravention of the law: by a vote of the competent Diet;
    5. against a Governor, his deputy (Art. 105 para 1) or a member of the Land Government (Art. 103 paras 2 and 3) for contravention of the law as well as for non-compliance with ordinances or other directives (instructions) of the Federation in matters pertaining to the indirect Federal administration, in the case of a member of the Land Government also with regard to instructions from the Governor in these matters: by a vote of the Federal Government;
    6. against the authorities of the Federal capital Vienna, in so far as within its autonomous sphere of competence they perform functions from the domain of the Federal executive power, for contravention of the law: by a vote of the Federal Government;
    7. against a Governor for non-compliance with an instruction pursuant to Art. 14 para 8: by a vote of the Federal Government;
    8. against a president or executive president of a Land school board, for contravention of the law as well as for non-compliance with ordinances or other directives (instructions) of the Federation: by a vote of the Federal Government.
    9. against members of a Land Government for contravention of the law and for impediment of the powers conferred by Art. 11 para 9, in so far as matters of Art. 11 para 1 subpara 8 are concerned: by a vote of the National Council or of the Federal Government.
  3. If pursuant to para 2 subpara e above the Federal Government brings a suit only against a Governor or his deputy and it is shown that another member of the Land Government in accordance with Art. 103 para 2 concerned with matters pertaining to the indirect Federal administration is guilty of an offence within the meaning of para 2 subpara e above, the Federal Government can at any time pending the passing of judgment widen its suit to include this member of the Land Government.
  4. The condemnation by the Constitutional Court shall pronounce a forfeiture of office and, in particularly aggravating circumstances, also a temporary forfeiture of political rights. In the case of minor legal contraventions in the instances mentioned in para 2 subparas c, e, g and h above the Court can confine itself to the statement that the law has been contravened. From forfeiture of the office of president of the Land school board ensues forfeiture of the office with which pursuant to Art. 81a para 3 subpara b it is linked.
  5. The Federal President can avail himself of the right vested in him in accordance with Art. 65 para 2 subpara c only on the request of the representative body or the representative bodies which voted for the filing of the suit, but if the Federal Government has voted for the filing of the suit only at its request, and in all cases only with the approval of the defendant.
Constitutional court powers

Art 143

A suit can be brought against the persons mentioned in Art. 142 also on the score of actions involving penal proceedings connected with the activity in office of the individual to be arraigned. In this case competence lies exclusively with the Constitutional Court; any investigation already pending in the ordinary criminal courts devolves upon it. The Court can in such cases, in addition to Art. 142 para 4, apply the provisions of the criminal law.

Constitutional court powers

Art 144

  1. The Constitutional Court pronounces on rulings by administrative authorities including the independent administrative tribunals in so far as the appellant alleges an infringement by the ruling of a constitutionally guaranteed right or the infringement of personal rights on the score of an illegal ordinance, an illegal pronouncement on the republication of a law (state treaty), an unconstitutional law, or an unlawful treaty. The complaint can only be filed after all other stages of legal remedy have been exhausted.
  2. The Constitutional Court can before the proceedings decide to reject a hearing of a complaint if it has no reasonable prospect of success or if the decision cannot be expected to clarify a constitutional problem. The rejection of the hearing is inadmissible if the case at hand according to Art. 133 is barred from the competence of the Administrative Court.
  3. If the Constitutional Court finds that a right within the meaning of para I above has not been infringed by the challenged ruling and if the case at hand is not in accordance with Art. 133 barred from the competence of the Administrative Court, the Court shall on the request of the applicant transfer the complaint to the Administrative Court for decision whether the applicant sustained by the ruling of the administrative authority the infringement of any other right. This applies analogously in the case of decisions in accordance with para 2 above.

Art 144a

  1. The Constitutional Court pronounces on complaints against decisions of the Asylum Court to the extent the appellant alleges infringement of his personal rights by the decision in a constitutionally guaranteed right or for application of an illegal pronouncement, on the republication of a law (state treaty), an unconstitutional law or an illegal state treaty.
  2. The Constitutional Court can reject to deal with a complaint till the hearing by resolution if the decision cannot be expected to clarify a constitutional problem.
Constitutional court powers

Art 145

The Constitutional Court pronounces judgment on contraventions of international law in accordance with the provisions of a special Federal law.

Art 146

  1. The enforcement of judgments pronounced by the Constitutional Court made in accordance with Art. 126a, Art. 127c and Art. 137 is implemented by the ordinary courts.
  2. The enforcement of other judgments by the Constitutional Court is incumbent on the Federal President. Implementation shall in accordance with his instructions lie with the Federal or Laender authorities, including the Federal Army, appointed at his discretion for the purpose. The request to the Federal President for the enforcement of such judgments shall be made by the Constitutional Court. The afore-mentioned instructions by the Federal President require, if it is a matter of enforcements against the Federation or against Federal authorities, no countersignature in accordance with Art. 67.

Art 147

  1. The Constitutional Court consists of a President, a Vice-President, twelve additional members and six substitute members.
  2. Constitutional court selection
    The President, the Vice-President, six additional members and three substitute members are appointed by the Federal President on the recommendation of the Federal Government; these members and the substitute members shall be selected from among judges, administrative officials, and professors holding a chair in law. The remaining six members and three substitute members are appointed by the Federal President on the basis of proposals submitted by the National Council for three members and two substitute members and by the Federal Council for three members and one substitute member. Three members and two substitute members must have their domicile outside the Federal capital, Vienna. Administrative officials on active service who are appointed members or substitute members shall be exempted, with their pay terminating, from all official duties. This shall not apply to administrative officials appointed substitute members who for the term of such exemption have been freed from all activities in the pursuit of which they are bound by instructions.
  3. Eligibility for const court judges
    The President, the Vice-President, and the other members and substitute members must have completed their legal studies or studies in law and political science and for at least ten years have held a professional appointment which prescribes the completion of these studies.
  4. Outside professions of legislators
    The following cannot belong to the Constitutional Court: members of the Federal Government, or a Land Government furthermore members of a general representative body or of the European Parliament; for members of a general representative body or of the European Parliament; who have been elected for a fixed term of legislation or office such incompatibility continues until the expiry of that term of legislation or office. Finally persons who are in the employ of or hold office in a political party cannot belong to the Constitutional Court.
  5. Anyone who during the preceding five years has exercised one of the functions specified in para 4 above cannot be appointed President or Vice-President of the Constitutional Court.
  6. Art. 87 paras I and 2 and Art. 88 para 2 apply to members and substitute members of the Constitutional Court; detailed provisions will be prescribed in the Federal law to be promulgated pursuant to Art. 148. The 31 December of the year in which a judge completes his seventieth year of life is fixed as the age limit on whose attainment his term of office ends.
  7. If a member or substitute member disregards without satisfactory excuse three successive requests to attend a hearing of the Constitutional Court, the Court shall formally establish the fact after listening to his testimony. Establishment of the fact entails loss of membership or the status of substitute membership.

Art 148

Detailed provisions about the organization and procedure of the Constitutional Court will be prescribed by a special Federal law and in Standing Orders to be voted by the Constitutional Court on the basis of this.

Ombudsman

Chapter VIII. Ombudsman board

Art 148a

  1. Everyone can lodge complaint with the ombudsman board (Commission for Complaints from the Public) against alleged maladministration by the Federation, including its activity as a holder of private rights, provided that they are affected by such maladministration and in so far as they do not or no longer have recourse to legal remedy. All such complaints must be investigated by the ombudsman board. The complainant shall be informed of the investigation's outcome and what action, if necessary, has been taken.
  2. The ombudsman board is ex officio entitled to investigate its suspicions of maladministration by the Federation including its activity as a holder of private rights.
  3. Notwithstanding para I anyone can complain with the Ombudsman board for alleged delay of a Court to hear a case , if being personally affected. Para 2 applies accordingly.
  4. Right of petition
    It is moreover incumbent on the ombudsman board to assist in the disposal of petitions and group memorials presented to the National Council. The Federal law on the National Council's Standing Orders stipulates the details.
  5. The ombudsman board is independent in the exercise of its authority.

Art 148b

  1. All Federal, Laender, and municipal authorities shall support the ombudsman board in the performance of its tasks, allow it inspection of its records, and upon request furnish the information required. Official confidentiality is inoperative towards the ombudsman board.
  2. The ombudsman board must observe official confidentiality to the same degree as the authority whom it has approached in the fulfilment of its tasks. The ombudsman board is however bound by the observation of official confidentiality in its reports to the National Council only in so far as this is requisite on behalf of the interest of the parties concerned or of national security.

Art 148c

The ombudsman board can issue to the authorities entrusted with the Federation's highest administrative business recommendations on measures to be taken in or by reason of a particular case. In matters of autonomous administration or of administration by agents not subject to directives the ombudsman board can issue recommendations to the autonomous administrative authority or to the agency not subject to directives; the Federation's highest administrative authority shall likewise have its attention drawn to such recommendations, the authority concerned must within a deadline to be settled by Federal law either conform to the recommendations and inform the ombudsman board accordingly or state in writing why the recommendations have not been complied with. The Ombudsman board may in a specific case at the occasion of a certain case request a deadline to cure the delay by a court (Art. 148a para 3) and suggest measures of supervisory control.

Art 148d

The ombudsman board shall annually render the National Council and the Federal Council a report on its activity. The members of the ombudsman board are entitled to participate in the debates by the National Council and the Federal Council and by their committees (sub-committees) on the ombudsman board's reports and on each occasion to be given at their request a hearing. The members of the ombudsman board shall have this right also in respect of the debates by the National Council and its committees (sub-committees) on the draft Federal Finance Law's chapter subdivisions concerning the ombudsman board. Details are stipulated in the Federal law on the National Council's Standing Orders and the Standing Orders of the Federal Council.

Art 148e

On application by the ombudsman board the Constitutional Court pronounces on the illegality of ordinances by a Federal authority.

Art 148f

If differences of opinion arise between the ombudsman board and the Federal Government or a Federal Minister on the interpretation of legal provisions. The Constitutional Court on application by the Federal Government or the ombudsman board decides the matter in closed proceedings.

Art 148g

  1. The ombudsman board has its seat in Vienna and consists of three members one of whom acts in turn as chairman. The term of office lasts six years. Reelection of the ombudsman board's members more than once is inadmissible.
  2. The Ombudsman board members are elected by the National Council on the basis of a joint recommendation drawn up by the Main Committee in the presence of at least half its members. Each of the three parties with the largest number of votes in the National Council is entitled to nominate one member for this recommendation. The members of the ombudsman board render an affirmation to the Federal President before their assumption of office.
  3. The ombudsman board chairmanship rotates annually between the members in the sequence of the voting strength possessed by the parties who have nominated them. This sequence remains unchanged during the ombudsman board's term of office.
  4. Should an ombudsman board member retire prematurely, the party represented in the National Council which nominated this member shall nominate a new member. The new election for the remaining term of office shall be effected pursuant to para 2 above.
  5. Ombudsman board members must be eligible for the National Council; during their service in office they may belong neither to the Federal Government nor to a Land government nor to any popular representative body and they may not practise any other profession.

Art 148h

  1. Ombudsman board officials are appointed by the Federal President on the recommendation and with the countersignature of the ombudsman board chairman. The Federal President can however authorize him to appoint officials in certain categories. Auxiliary personnel is appointed by the chairman who is to this extent the highest administrative authority and exercises these powers in his own right.
  2. The Federation's service prerogative with regard to ombudsman board employees is exercised by the ombudsman board chairman.
  3. The ombudsman board determines its Standing Orders and an allocation of business that regulates which tasks shall be autonomously performed by its members. The adoption of the Standing Orders and the allocation of business requires the unanimous vote of the ombudsman board's members.

Art 148i

  1. The Laender can by Land constitutional law declare the ombudsman board competent also in the sphere of the particular Land's administration. In such case Arts. 148e and 148f shall apply analogously.
  2. If Laender create agencies in the sphere of Land administration with tasks similar to the ombudsman board, Land constitutional law can prescribe a provision corresponding to Arts. 148e and 148f above.

Art 148j

Detailed provisions relating to the implementation of this chapter shall be made by Federal law.

Chapter IX. Final Provisions

Art 149

  1. In addition to the present law, the following laws, with the modifications necessitated by this law, shall within the meaning of Art. 44 para 1 be regarded as constitutional law:
    • Basic Law of 21 December 1867, RGBl. Subpara 142, on the general rights of nationals in the kingdoms and Laender represented in the Council of the Realm;

      Law of 27 October 1862, RGBl. Subpara 88, on protection of the rights of the home;

      Resolution of the Provisional National Assembly of 30 October 1918, StGBl. Subpara 3;

      Law of 3 April 1919, StGBl. Subpara 209, respecting the banishment and expropriation of the House of Hapsburg-Lorraine;

      Law of 3 April 1919. StGBl. Subpara 211, on the abolition of the nobility, the secular orders of chivalry, male and female, and of certain titles and dignities;

      Section V of Part III of the Treaty of Saint-Germain of 10 September 1919, StGBl. Subpara 303 of 1920.

  2. Art. 20 of the basic law of 21. December 1867, RGBL. No. 142 as well as the law of 5. May 1869, RGBl. No. 66, issued on the basis of this Article, cease to be effective.

Art 150

  1. The transition to the Federal Constitution introduced by this law will be prescribed in a special law entering into force simultaneously with the present law.
  2. Laws in accordance with a new formulation of federal constitutional law provisions may be issued as from the promulgation of the constitutional law rendering the change effective. They may not however enter into force prior to the entry into force of the new federal constitutional legal provisions in so far as they do not solely stipulate measures requisite for their incipient implementation upon the entry into force of the new federal constitutional law provisions.

Art 151

  1. Art. 78d and Art. 118 para 8, as formulated in the Federal constitutional law published in BGB1. Subpara 565 of 1991, enter into force on 1 January 1992. The existence of constabularies existent on 1 January 1992 remains unaffected; this provision enters into force on 1 January 1992.
  2. Art. 10 para I subpara 7, Art. 52a, Arts. 78a to 78c, Art. 102 para 2 as well as the designation changes in Chapter III and in Art. 102, as formulated in the Federal constitutional law published in BGB1. Subpara 565 of 1991, enter into force on 1 May 1993.
  3. Art. 102 para 5 second sentence as well as paras 6 and 7 are repealed as of midnight 30 April 1993. The words ", excluding the local security administration," in Art. 102 para 2 are repealed as of midnight 30 April 1993.
  4. Art. 26, Art. 41 para 2, Art. 49b para 3, Art. 56 paras 2 to 4, Art. 95 paras I to 3, Art. 96 para 3, and moreover the new designation of para I in Art. 56, as formulated in the Federal constitutional law published in BGB1. Subpara 470 of 1992, enter into force on 1 May 1993.
  5. Art. 54, as formulated in the Federal constitutional law published in BGBI. Subpara 868 of 1992, enters into force on 1 January 1993.
  6. The following provisions, as formulated in the Federal constitutional law published in BGBI. Subpara 508 of 1993, enter into force as follows:
    1. Art. 10 para I subpara 9, Art. 11 para I subpara 7 as well as Art. 11 paras 6, 7, 8 and 9 on 1 July 1994;
    2. Art. 28 para 5, Art. 52 para 2, the designation of the former Art. 52 paras 2 and 3 as paras 3 and 4, as well as Art 52b on 1 October 1993;
    3. (Note: Repealed by F.L.G. INo. 11412000)
  7. (Note: Repealed by F. L. G. I No. 12712009)
  8. (Note: Repealed by F.L.G. I No. 211997)
  9. Art. 102 para 2, in the version of in the Federal Constitutional Law BGB1 I No. 2/1997, enters into force on 1 January 1994. Art.102 para 2, in the version of the Federal Law BGBI. No. 532/ 1993, ceases to be effective simultaneously.
  10. Art. 54 in the version of the Federal Constitutional Law BGBI. No. 268/1994 enters into force on 1 April 1994.
  11. Art. 6 paras 2 and 3, Art. 26 para 2, Art. 41 para 2, Art. 49b para 3 and Art. 117 para 2 first sentence , in the version of the Federal Constitutional Law BGBI. No. 504/1994 enter into force on 1 January 1995. In the Federal and Laender legal regulations the term "domicile" in all its grammatical versions is replaced by the term "principal residence" as of 1 January 1996 unless the term "domicile" is replaced by the term "principal residence" until midnight 31 December 1995. The term "domicile" must not be used any more in Federal and Laender legal regulations as of 1 January 1996; for as long as Land law does not stipulate that Diet or municipal council suffrage depends on the principal residence or the residence it depends on the domicile. As regards the division of the number of deputies among the constituencies (electoral bodies) and as regards regional constituencies (Art. 26 para 2) and the representation of the Laender in the Federal Council (Art. 34) the domicile as established by the last general census holds good as principal residence up to the time when the results of the next general census will be at hand.
  12. Art. 87 para 3 and Art. 88a in the version of the Federal Constitutional Law BGBI. No. 506/1994 enter into force on 1 July 1994.
  13. The following holds good for the entry into force of provisions newly formulated or inserted by the Federal Constitutional Law published in BGB1. No. 1013/ 1994, the abrogation of provisions revoked by this same Federal Constitutional Law as well as the transition to the new legal status:
    1. the title of this law, Art. 21 paras 6 and 7, Art. 56 paras 2 and 4, Art. 122 paras3 to 5, Art. 123 para2, Art. 123a para 1, Art. 124, Art. 147 para2 second sentence as well as Art. 150 para 2 enter into force on 1 January 1995.
    2. The heading of Chapter 1, the heading of Section A in Chapter 1, Art. 10 para I subpara 18, Art. 16 para 4, Section B of Chapter 1, Art. 30 para 3, Art. 59, Art. 73 para2, Art. 117 para2, Art. 141 paras 1 and 2, Art. 142 para2 subpara c and designations of the henceforth subparas d to i as well as Art. 142 paras 3 to 5 enter into force simultaneously with the Treaty on the Accession of the Republic of Austria to the European Union.
    3. Art. 10 paras 4 to 6 and Art. 16 para 6 in the version of the Federal Constitutional Law BGBI. No. 276/1992 ceases to be effective simultaneously with the entry into force of the provisions specified in subpara 2.
    4. Art. 122 para I and Art. 127b enter into force on 1 January 1997. They apply to acts of administration of public funds subsequent 31 December 1994.
    5. For as long as the representatives of Austria in the European Parliament have not been elected in a general election, they shall be delegated by the National Council from among the members of the Federal Assembly. This delegation ensues on the basis of proposals by the parties represented in accordance with their strength pursuant to the principle of proportional representation. For the period of their delegation members of the National Council and of the Federal Council can simultaneously be members of the European Parliament. If a member of the National Council delegated to the European Parliament relinquishes his seat as a member of the National Council, Art. 56 paras 2 and 3 apply. Art. 23b paras I and 2 hold good analogously as well.
    6. Subpara 5 enters into force on 22 December 1994.
  14. Art. 112 in the version of the Federal Constitutional Law BGB1 No. 1013/ 1994 and Art. 103 para 3 and Art. 151 para 6 subpara 3 in the version of the Federal Constitutional Law BGB1. I No. 8/ 1999 enter into force on 1 January 1995.
  15. Art.59a, Art.59b and Art.95 para 4 in the version of the Federal Constitutional Law BGBI. No. 392/1996, enter into force on 1 August 1996. Until Land legal regulations are passed pursuant to Art. 59a and Art. 95 para 4, the appropriate Federal legal regulations shall analogously apply in the Laender concerned unless the Laender have already passed regulations within the meaning of Art. 59a and Art. 95 para 4.
  16. Art. 23e para 6 and Art. 28 para 5, in the version of the Federal Constitutional Law BGB1. No. 437/1996, enter into force on 15 September 1996.
  17. Art. 49 and Art. 49a paras I and 3, in the version of the Federal Constitutional Law BGBI. No. 659/1996, enter into force on 1 January 1997.
  18. Art. 55, in the version of the Federal Constitutional Law BGB1. I No. 2/1997, enters into force on January 1 1997. Art. 54 is repealed simultaneously.
  19. Art. 147 para 2, in the version of the Federal Constitutional Law BGB1. I No. 64/1997, enters into force on 1 August 1997.
  20. Art. 69 paras 2 and 3, Art. 73 para 1, Art. 73 para 3 and Art. 148d in the version of the Federal Constitutional Law BGBI. 1 87/1997, enter into force on 1 September 1997. Art. 129, Section B of Chapter VI, Art. 131 para 3 and the new designations of the sections in Chapter VI enter into force on 1 January 1998.
  21. Art. 9a para4, in the version of the Federal Constitutional Law BGBI. I No. 30/1998, enters into force on 1 January 1998.
  22. Article 23f enters into force simultaneously with the Treaty of Nice The Federal Chancellor shall announce this date in the Federal Law Gazette.
  23. In Art. 149 para 1, the following parts are repealed:
    1. the adding of the Constitutional Law of 30 November 1945, BGB1. No.6 of 1946, concerning the law on protection of personal liberty of 27 October 1862, RGB1. No. 87, in the proceedings before the People's Court upon expiry of 30 December 1955;
    2. the words "Law of 8 May 1919, StGBl.No. 257, on the coat of arms and seal of state of the Republic of German-Austria, with the modifications effected by Arts. 2, 5 and 6 of the law of 21 October 1919, StGBI. No. 484;" upon expiry of 31 July 1981.
  24. The words "or through the exercise of direct administrative power and compulsion" in Art. 144 para 3 are repealed as of midnight 31 December 1990.
  25. The Arts. 10 para 1 subpara 14, Art. 15 paras 3 and 4, 18 para 5, 21, 37 para 2, 5ib para 6, 52 b para 1, 60 para 2, 78d para 2, 102 para 1, the new designation of Art. 102 para 6 and the Arts. 118 para 8, 118a and 125 para 3, in the version of the Federal Constitutional Law BGBI. I No. 8/1999 enter into force on 1 January 1999. Art. 102 para 5 is repealed upon expiry of 31 December 1998.
  26. The Arts. 30 para 3 first sentence, 127c, 129c para 4, 147 para 2 fourth and fifth sentence, and 147 para 6 first sentence, in the version of the Federal Constitutional Law BGB1. I No. 148/ 1999 enter into force on 1 August 1999.
  27. Art. 8 in the version of the Federal Constitutional Law BGBI. I No. 68/2000 enters into force on 1. August 2000.
  28. Art. I I para 8 in the version of the Federal Constitutional Law BGBI. I No. 114/2000 enters into force on 1. December 2000. Art. 151 para 6 subpara 3 ceases to be effective upon expiry of 24. November 2000.
  29. In the version of the Federal Constitutional Law BGB1. I No. 121/2001 enter into force:
    1. Art. 18 para 3 and Art. 23e para 5 on 1. January 1997.
    2. Art. 21 para 1 and para 6 on 1. January 1999;
    3. Art. 147 para 2 first sentence on 1. August 1999;
    4. Art. 18 para 4, Art. 23b para 2, Art 39 para 2 and Art. 91 para 2 on 1. January 2002;
    5. Art. 23fpara I to 3 simultaneously with the treaty of Nice. The Federal Chancellor has to publish this date in the Federal Law Gazette I.
  30. Art. 14b, Art. 102 para 2 and Art. 131 para 3 in the version of the Federal Law BGBI. I No 99/2002 enter into force on 1. January 2003. ? 2, ? 4 para 1, ? 5 and ? 6 para I and 2 of the transition Law BGBI. No 368/1925 apply accordingly. A Land Law having become Federal Law according to the second sentence per 1. January 2003 ceases to be effective with the entering into force of a Land Law passed on the basis of Art. 14b para 3, the latest upon expiry of 30. June 2003; simultaneously the corresponding regulations of the Federal Tender Law 2002, BGBI. I No. 99/2002 enter into force to this extent.
  31. Art. 23a para 1 and 3, Art. 26 para 1 and 4, Art. 41 para 2, Art. 46 para 2, Art. 49b para 3 and Art 60 para 3 first sentence in the version of the Federal Law BGBI. I No 90/2003 enter into force on 1. January 2004.
  32. Art. 11 para 8 in the version of the Federal Law BGBI. I No 114/2000 and BGB1. I No. 100/2003 enters into force on 1. December 2000, Art. 151 para 7 in the version of the Federal Law BGB1. I No. 100/2003 upon expiry of the day of publication of this Federal Law. Art. 7 para 1, Art. 8, Art. 8a, Art. 9a, Art. 10 para I subpara 10, Art. 13 para 1, Art. 14 para 1, para 5 subpara a and para 8, Art. 14a, Art. 15 para 4, Art. 18 para 4 und 5, Art. 23 para 1 and 5, Art. 23e para 6, Art. 26, Art. 30 para 2, Art. 34 para 2, Art. 35 para 1, Art. 42 para 4, Art. 47 para 1, Art. 48, Art 49, Art. 49a, Art. 51, Art. 51a, Art. 51 b, Art. 51c, Art. 52b, Art. 57, Art.71, Art.73, Art.81a para.1, 4 and 5, Art. 87a, Art. 88a, Art.89, Art.97 para I and 4, Art.102 para 2, Art. 112, Art. 115, Art.ii6, Art. l16a, Art. 117, Art. 118, Art. i18a, Art. 119, Art. i19a, Art. 126a, Art. 126b para2, Art. 127 para3, Art. 127a, Art. 127c, Art. 134 para3, Art. 135, Art. 136, Art. 137, Art. 139, Art. 139a, Art. 140, Art. 140a, Art. 144, Art. 146 para 1, Art. 147 para 3, Art. 148, Art. 148a, Art. 148b, Art. 148e to Art. 148j and Art. 149 as well as the headings and the other regulations in the version of the Federal Law BGBI. No. 100/2003 enter into force on 1. January 2004.
  33. Art. 11 para I subpara 7 and 8 as well as para 9 in the version of the Federal Law BGBI. I No 118/2004 enter into force on 1. January 2005, however not before the expiry of the day of the publication of the Federal Law named in the Federal Law Gazette. To the extent the Federal legislation does not provide otherwise, simultaneously the existing Laender regulations in the matters of Art. II para 1 subpara 8 cease to be effective.
  34. Art. 10 para I subpara 9 and Art. 151 para 7 in the version of the Federal Law BGB1. I No 153/2004 enter into force on 1. January 2005.
  35. Art. 14 para 5a, 6, 6a, 7a and 10 and Art. 14a para 7 and 8 enter into force upon expiry of the day of the publication of the Federal Constitutional Law BGBI. I No. 31/2005 in the Federal Law Gazette.
  36. In the version of the Federal Constitutional Law BGB1. I No. 81/2005 enter into force:
    1. Art. 151 para 31 upon expiry of 30. December 2004;
    2. Art 8 para 3 upon expiry of the month of the publication of this Federal Constitutional Act.
  37. Art. 129 a, Art. 129b and Art. 129c para 1, 3, 5 and 7 in the version of the Federal Law BGB1. I No. 100/2005 enter into force on 1. January 2006.
  38. Art. 9a para 3 and 4, Art. 10 para I subpara 15 and Art. 102 para 2 in the version of the Federal Law BGBI. I No 106/2005 enter into force on 1. January 2006.
  39. Art. 88a in the version of the Federal Law BGB1. I No 121/2005 enters into force on 1. November 2005.
  40. The following applies to the entering into force of the regulations modified or added by the Federal Constitutional Law BGB1. I No 27/2007 and the ceasing to be effective of the regulations deleted by this Federal Constitutional Law as well as to the transition for the new legal situation:
    1. Art. 23a para 1, 3 and 4, Art. 26 Abs. 1, 4, 6 and 8, Art. 30 para 3, Art.41 para 3, Art. 46, Art. 49b para I first sentence and para 3 second sentence, Art. 60 para I and para 3 first sentence, Art. 95 para 1, 2, 4 and 5, Art. 117 para 2 and 6 as well as Art. 151 para 33a enter into force on 1. Juliy 2007; simultaneously Art. 23 a para 5 and 6 cease to be effective. The Laender regulations are to be adjusted to the new legal situation till expiry of 31. December 2007.
    2. Art. 26a enters into force on 1. July 2007. The modification of the Federal Election Board according to this regulation has to take place till expiry of 3 1. August 2007; the details in this regard shall be determined by the election regulations to the National Council.
    3. Art. 27 para 1 enters into force at the beginning of the XXIV. legislation period.
  41. The following applies to the entering into force of the regulations added or newly determined by Art. 1 of the Federal Constitutional Law BGB1. I No. 1/2008:
    1. Art. 13 para2 and 3, Art. 51 in the version of subpara 4, Art. 51a, Art. 51b in the version of subpara 7 to 9a, Art. 123a, para I and Art. 148d enter into force on 1. January 2009; the Federal Finance Frame Law for the financial years 2009 till 2012 and the Federal Finance Law for the financial year 2009 are to be prepared and passed already on the basis of these regulations and the draft of the Federal Finance Frame Law for the financial years 2009 till 2012 is to submitted to the National Council the latest simultaneously with the draft for the Federal Finance Law for the financial year 2009.
    2. Art. 51 in the version of subpara 5, Art. 51b in the version of subpara 10, Art. 51c and 51d enter into force on 1. January 2013. Art. 51 in the version of subpara 4 and Art. 5 1b in the version of subpara 7 to 9a cease to be effective upon expiry of 31. December 2012. This legal situation already applies to the preparation of the Federal Finance Frame Law for the financial years 2013 till 2016 as well as of the Federal Finance Law for the Financial Year 2013 and the passing of the Law by the National Council.

    Art. 51a in the version of the Federal Law BGB1. I No. 100/2003 continues to be applied till the expiration of 31. December 2012.

  42. Art. 2 para 3, Art. 3 para 2 to 4, Art. 9 para 2, Art. 10 para 3 second and third sentence, Art. 20 para 1 and 2, Art. 23fpara 1 last sentence and para 3, Art. 50, Art. 52 para I a, the sixth sub section of section A of the third chapter, Art. 67a, Art. 88 para 1, Art. 90a, Art. 112, the headings above Art. 115, section B of the (new) fifth chapter, the headings above Art. 121 and Art. 129, Art. 134 para 6, the heading above Art. 148a, Art. 148a para 3 to 5, Art. 148c last sentence and the heading above Art. 149 in the version of the Federal Constitutional Law BGBI. I No. 2/2008 enter into force on 1. January 2008. The Federal- and Laender Laws necessary for the adaptation to Art. 20 para 2 last sentence and Art. 120b para 2 are to be passed the latest till the expiry of 31. December 2009.
  43. Art. 10 para I subpara 1, 3, 6 and 14, Art. 78d para 2, Art 102 para 2, Art. 129, section B of the (new) seventh chapter, Art. 132a, Art 135 para 2 and 3, Art. 138 para 1, Art. 140 para 1 first sentence and Art. 144a in the version of the Federal Constitutional Law BGBI. 1 No. 2/2008 enter into force on 1. July 2008. To the transition to the new legal situation applies:
    1. Per 1. July 2008 the former independent Federal Asylum Tribunal becomes the Asylum Court.
    2. Till the appointment of the president, the vice president and the other members of the Asylum Court the former chairman, the former deputy chairman and the former other members of the independent Federal Asylum Tribunal exert their functions. The measures necessary for the appointment of the president, the vice president and the other members of the Asylum Court as well as the hiring of extra judicial employees may already take place upon expiry of the day of the publication of the Federal Constitutional Law BGBI. I No. 2/2008.
    3. Members of the independent Federal Asylum Tribunal, applying for an appointment as member of the Asylum Court and having the personal and professional qualification for the appointment are entitled to appointment; the requirements of Art. 129d para 3 are deemed to be met by such applicants. The Federal Government decides on the appointment of such applicants.
    4. Cases pending on 1. July 2008 at the independent Federal Asylum Tribunal are to be continued by the Asylum Court. Cases on complaints against decisions of the independent Federal Asylum Tribunal at the Administrative Court or at the Constitutional Court are to be continued by them with the proviso, that the Asylum Court is deemed to be the authority involved.
    5. Starting 28. November 2007, in cases pending at the independent Federal Asylum Tribunal, a complaint for violation of the onus of decision is no longer admissible. Cases already pending at the Administrative Court for violation of the onus of decision by the independent Federal Asylum Tribunal are deemed to be stayed upon expiry of 30. June 2008; the cases to which the complaint relates for violation of the onus of decision are to be continued by the Asylum Court.
  44. Art. 27, para 2, Art. 92 para 2, Art. 122 para 5, Art. 134 para 4 and 5 as well as Art. 147 para 4 first sentence and para 5 in the version of the Federal Constitutional Law BGB1. I No 2/2008 enter into force at the beginning of the XXIV legislation period. To persons, who at the beginning of the XXIV legislation period already carry a function in the sense of Art. 92 para 2, Art. 122 para 5, Art. 134 para 4 and 5 as well as Art. 147 para 4 first sentence and para 5, the regulations to be applied up to such date shall continue to be applied.
  45. Art. 28 para 4 in the version of the Federal Constitutional Law BGBI. I No. 31/2009 enters into force on 1. April 2009.

Art 152

The execution of this law is entrusted to the Federal Government.