Austria is a democratic republic. Its law emanates from the people.
Austria is a democratic republic. Its law emanates from the people.
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.
Municipalities, without regard to the number of its inhabitants, are deemed to be legal entities which in the sense of subpara 1 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 subpara 1 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.
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.
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 subpara 2, 5 and 8 - the right to remove functionaries dispensed from instruction from office.
All authorities of the Federation, the Laender, the municipalities and the municipality associations as well as the other self-administrating entities are bound within the framework of their legal sphere of competence to render each other mutual assistance.
so that the National Council and the Federal Council are able to act within their competences according to this article.
the National Council, with the approval of the Federal Council, may refuse such initiative or proposal within the terms provided by the law of the European Union.
The legislative power of the Federation is exercised by the National Council jointly with the Federal Council.
The implementation and organization of the elections to the European Parliament, the National Council, the Federal President and of referenda and plebiscites as well as the participation in the control of popular initiatives, consultations of the people as well as the participation in the implementation of European citizens’ action groups 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.
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.
No one shall be called to account for publishing the accounts of proceedings in the public sessions of the National Council and its committees.
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.
To the extent an enactment of the National Council requires the approval of the Laender, it is to be notified by the Federal Chancellor according to Art 42 immediately after the procedure has been closed to the offices of the Laender governments of the Laender concerned. The approval is deemed to be granted if the Governor of the Land does not notify the Federal Chancellor within eight weeks after the day on which the enactment has been served to the office of the government of the land, that the approval is denied. Before expiration of this period the enactment may only be published if the Governors of the Laender concerned have notified the express approval by the Land.
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 resp. pursuant to Art 42a but before its authentication by the Federal President.
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.
are published. The National Council can on the occasion of the approval of state treaties pursuant to Art 50 para 1 resolve in which other way than in the Federal Law Gazette 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 according to Art 50 para 1 enter into force upon expiry of the day of its publication - in the case of the third 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 subpara 4).
require the approval of the National Council.
The National Council participates in matters of the European Stability Mechanism.
An Austrian representative in the European Stability Mechanism may only agree or abstain in voting to
if the National Council has authorized him to do so on the basis of a proposal of the Federal Government. In cases of special urgency the Federal Minister in charge may consult with the National Council. Without approval by the National Council the Austrian representative must refuse the proposal for such a resolution.
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.
The approval on the basis of the provisions of this paragraph may only be granted in case of an unforeseen requirement and only to the extent as coverage is safeguarded and the respectively binding applicable upper limits according to Art 51 para 2 and 6 for the relevant financial year are not exceeded. The Federal Minister for Finance may transfer the authorizations granted on the basis of the provisions of this paragraph for the approval to exceed the use of means having been provided for with the exceptions of those according to subpara 2 – in consent with the leading budgeting organs in charge, to the heads of official authorities, to the extent this is necessary to implement an administration striving for efficiency.
settled by the Federal law, by the National Council's Standing Orders as well as in the Federal Council's Standing Orders.
(Note: Repealed by F.L.G. I No. 2/1997)
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.
No member of the National Council, the Federal Council or the European Parliament can simultaneously belong to one of the two other representative bodies.
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 1 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.
"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."
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).
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 (subcommittees) 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 (subcommittees) can require attendance by members of the Federal Government and request them to initiate investigations.
Federal Law provides to which extent the police directorate of a Land simultaneously is security authority in first instance for the area of a municipality.
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.
Military jurisdiction - except in time of war - is repealed.
Capital punishment is abolished.
Federal Law may provide for posts of substitute judges assigned to a superior court of justice. The number of such posts may not exceed three per cent of the number of judge posts assigned to the subordinate courts of justice. The employment of the substitute judges in charge at subordinate courts of justice and eventually at the superior court itself shall be determined by the competent chamber of the superior court, defined by Federal Law. Substitute judges may be entrusted only with the substitution of judges of subordinated courts or judges of the higher ordinary court 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.
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.
General amnesties for acts punishable by the courts are extended by Federal law.
(Note: Repealed by F.L.G. I No. 51/2012)
The publication of the legal provisions to be published in the Law Gazette of the Land can be made in the frame of the legal information system of the Federation.
demarcation of frontiers, trade in goods and livestock with other countries, customs, regulation and control of entry into and exit from Federal territory, the right of abode for humanitarian reasons; 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 fire-arms, antitrust law; 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, fostering money; legal provisions of social compensation, 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, 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.
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.
(Note: Repealed by F.L.G. No. 444/1974)
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.
Art. 102 para 1 applies to the Federal Capital Vienna with the proviso, that the execution of the Federation, to the extent separate federal authorities do not exist (direct Federal Administration), is exerted by the mayor as Governor and by his subordinate city administration as district administration authority
(Note: Repealed by F.L.G. No. 490/1984)
(Note: Repealed by F.L.G. I No. 51/2012)
Allowing for Art 108 and 109 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 119a. 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.
Municipalities of a Land may conclude agreements among each other on their respective sphere of competence, to the extent, Land legislature so provides. Doing so, Land legislature also has to provide provisions on the publication of such agreements as well as on the solution of disagreements. Art 116a para 6 applies accordingly to the agreements of municipalities of different Laender.
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.
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.
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.
The Public Audit Office is competent to examine the financial administration of the social insurance institutions.
In case a land has established a Public Audit Office of the Land, the constitutional law of the Land may provide the following provisions:
The more detailed provisions about the establishment and activity of the Public Audit Office will be laid down by Federal law.
In all Laender exist Administrative Courts of the Land. For the Federation there is an Administrative Court of the Federation, to be named Federal Court of Administration and an Administrative Court of the Federation for Finance to be named Federal Financial Court.
In the matters of the execution of the Federation, not directly handled by Federal authorities, as well as in the matters of Art 11, 12, 14 para 2 and 3 and 14a para 3 and 4 Federal Laws under subpara 1 may only be published upon approval by the Laender.
Federal Laws under para 1 and para 2 subpara b may only be published upon approval by the Laender.
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.
Article 89 para 3 is to be applied accordingly to applications according to subpara 3 and 4.
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 para 1 subpara 3 or 4 above or whose suit has been the occasion for the ex officio initiation of examination proceedings into the ordinance.
The Constitutional Court pronounces on the illegality of pronouncements on the republication of a law (state treaty). Art 139 is to be applied accordingly.
Article 89 para 3 is to be applied accordingly to applications according to para 1 subpara c and d.
The Constitutional Court pronounces whether state treaties are contrary to law. Art 140 shall apply to political, to law-modifying and to law-amending state treaties and to state treaties modifying the contractual bases of the European Union, Art 139 to all other state treaties with the following proviso,
The challenge according to subpara a, b, e, f and g can be based on the alleged illegality of the procedure, the application according to subpara c and d 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 Constitutional Court shall allow challenge if the alleged illegality has been proven and was of influence on the result of the procedure. In proceedings before the administrative authority the general representative body and the statutory organ (representative body) of the statutory professional association has litigant status.
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.
The Constitutional Court pronounces judgment on contraventions of international law in accordance with the provisions of a special Federal law.
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.
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 4) and suggest measures of supervisory control.
(Note: Repealed by F.L.G. I No. 51/2012)
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.
Detailed provisions relating to the implementation of this chapter shall be made by Federal law.
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.
Article 51a in the version of the Federal Law BGBl. I No. 100/2003 continues to be applied till the expiration of 31. December 2012.
The execution of this law is entrusted to the Federal Government.