Adopted in: ۱۹۲۰
Revised in: ۱۹۲۹
Reinstated in: ۱۹۴۵
Chapter I General Provisions
Article ۱ [Republic٫ Democracy]
Austria is a democratic republic. Its law emanates from the people.
Article ۲ [Federal State]
(۱) Austria is a federal state.
(۲) The Federal State is composed of the autonomous States of Burgenland٫
Carinthia٫ Lower Austria٫ Upper Austria٫ Salzburg٫ Styria٫ Tirol٫ Vorarlberg٫
and Vienna.
Article ۳ [Territory]
(۱) The federal territory comprises the territories of the Federal States.
(۲) A change in the federal territory٫ which is at the same time a change in
State territory٫ just as the change of a State boundary within federal
territory٫ can٫ apart from peace treaties٫ only be effected by corresponding
constitutional laws of the Federation and the State whose territory undergoes
change.
Article ۴ [Currency٫ Customs]
(۱) The federal territory constitutes a uniform currency٫ economic٫ and customs
area.
(۲) Intermediate customs barriers or other traffic restrictions may not be
established within federal territory.
Article ۵ [Capital]
(۱) The federal capital and seat of the highest federal authorities is Vienna.
(۲) For the duration of extraordinary circumstances the Federal President can٫
at the request of the Federal Government٫ remove the seat of the highest
federal authorities elsewhere in federal territory.
Article ۶ {…}
Article ۷ [Equality٫ Political Rights]
(۱) All federal nationals are equal before the law. Privileges based upon
birth٫ sex٫ estate٫ class٫ or religion are excluded.
(۲) Public employees٫ including members of the Federal Army٫ are guaranteed the
unrestricted exercise of their political rights.
Article ۸ [Official Language]
German is the official language of the Republic without prejudice to the rights
provided by federal law for linguistic minorities.
Article ۸a [State Colors٫ Flag٫ Coat of Arms٫ Seal]
(۱) The colors 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.
(۲) 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.
(۳) Detailed provisions٫ in particular as to safeguard of the colors٫ the coat
of arms٫ and the seal of the Republic٫ are settled by federal law.
Article ۹ [International Law٫ Transfer of Powers]
(۱) The generally recognized rules of international law are regarded as
integral parts of federal law.
(۲) Legislation or a treaty requiring sanction in accordance with Article ۵۰
(۱) can transfer specific federal competencies to intergovernmental
organizations and their authorities and can within the framework of
international law regulate the activity of foreign states” agents inside
Austria as well as the activity of Austrian agents abroad.
Article ۹a [Defence٫ Military Service]
(۱) Austria subscribes to universal 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 require to be safeguarded and defended against acts of
armed attack from outside.
(۲) Universal national defence comprises military٫ intellectual٫ civil٫ and
economic national defence.
(۳) Every male Austrian national is liable for military service.
Conscientious objectttors who refuse the fulfillment of compulsory military
service and are exonerated therefrom must perform an alternative service.
The details are settled by law.
Article ۱۰ [Federal Legislation and execccution]
(۱) The Federation has powers of legislation and execccution in the following
matters:
۱. the Federal Constitution٫ in particular elections to the House of
Representatives٫ and referenda as provided by the Federal Constitution; the
Constitutional Court;
۲. external affairs٫ including political and economic representation with
regard to other countries and in particular the conclusion of international
treaties of all kinds٫ demarcation of frontiers; trade in goods and
livestock with other countries; customs;
۳. regulation and control of entry into and exit from the federal territory;
immigration and emigration; passports; deportation٫ turning back at the
frontier٫ expulsion٫ and extradition from or through the federal territory;
۴. federal finances٫ in particular taxes to be collected exclusively or in part
on behalf of the Federation; monopolies;
۵. the monetary٫ credit٫ stock exchange and banking system; the weights and
measures٫ standards٫ and hallmark system;
۶. civil law٫ including the rules relating to economic association٫ but
excluding regulations which render real property transactions with aliens
subject to restrictions by the administrative authorities; criminal law٫
excluding administrative penal law and administrative penal procedure in
matters which fall within the autonomous sphere of competence of the States;
administration of justice; establishments٫ such as compulsory labor and
similar institutions٫ for the protection of society against criminal٫
degenerate or otherwise dangerous elements; the Administrative Court;
copyright; Press affairs; expropriation for the purposes of urban and
rural reclamation٫ reconditioning٫ restoration; expropriation in so far as
it does not concern matters falling within the autonomous sphere of competence
of the States٫ matters of notaries٫ lawyers٫ and related professions;
۷. the maintenance of peace٫ order and security٫ excluding the local public
safety administration; the right of association and assembly; matters of
personal status٫ including the registration of births٫ marriages and deaths٫
and change of name; aliens police and residence registration; matters of
weapons٫ ammunition and explosives٫ and the use of fire-arms;
۸. matters of trade and industry; public advertising and commercial
brokerage; restraint of unfair competition; patent matters and the
protection of designs٫ trade marks٫ and other commodity descriptttions;
matters of patent agents; matters of 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;
۹. the traffic system relating to the railways٫ aviation٫ and shipping in so
far as the last of these does not fall under Article ۱۱; 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
Article ۱۱; the postal٫ telegraph٫ and telephone system;
۱۰. 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 of
electric power transmission in so far as the transmission extends over two or
more States٫ matters of steam- and other power-driven engines; surveying;
۱۱. labor legislation in so far as it does not fall under Article ۱۲; social
and contractual insurance; chambers for workers and salaried employees with
the exception of those relating to agriculture and forestry;
۱۲. public health with the exception of burial and disposal of the dead and
community 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 transcendence of input limits٫ veterinary affairs; nutrition affairs٫
including foodstuffs inspection;
۱۳. archive and library services for the sciences and specialist purposes;
matters of federal collections and establishments serving the arts and
sciences٫ all matters of the federal theaters not however including the
settlement of their structural alignment and level nor the treatment accorded
by the official building authorities to constructions which concern surface
elements in such edifices; the preservation of monuments; religious
affairs; census as well as٫ allowing for the rights of the States 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 State only;
endowments and foundations when their purposes extend beyond a single
State”s sphere of interests and they have hitherto not been autonomously
administered by the States;
۱۴. organization and conduct of the federal police and the federal gendarmerie;
settlement of the conditions of establishment and organization of other
protective forces٫ including their armament and the right to make use of their
weapons;
۱۵. military affairs; matters of war damage and welfare measures for
combatants and their surviving dependents; 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;
۱۶. the establishment of federal authorities and other federal agencies;
service code for and staff representation rights of federal employees; and
۱۷. population policy in so far as it concerns the grant of children”s
allowances and the organization of burden equalization on behalf of families.
(۲) In federal laws on the right of succession to undivided farm estate as well
as in federal laws promulgated in accordance with Paragraph (۱) no.۱۰٫ State
legislatures can be empowered to issue implementing provisions with respect to
individual provisions which must be specifically designated. The provisions
of Article ۱۵ (۶) shall be analogously applied to these State laws.
execccution 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 State law٫ need foregoing agreement with the
State government concerned.
(۳) The Federation must allow the States opportunity to present their views
before its conclusion of treaties which within the meaning of Article ۱ render
necessary enabling measures or affect the autonomous sphere of competence of
the States in another way.
Article ۱۱ [Federal Legislation and State execccution]
(۱) In the following matters legislation is the business of the Federation٫
execccution that of the States:
۱. nationality and right of citizenship;
۲. professional associations in so far as they do not fall under Article ۱۰٫
but with the exception of those in the field of agriculture and forestry;
۳. national housing affairs;
۴. highway police;
۵. sanitation; and
۶. inland shipping as regards shipping licenses٫ shipping facilities and
compulsory measures of such facilities in so far as it does not apply to the
Danube٫ Lake Constance٫ Lake Neusiedl٫ and boundary stretches of other frontier
waters.
(۲) 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
execccution also in matters where legislation lies with the States in
particular also in matters of taxation٫ are prescribed by federal law;
divergent regulations can be made in Federal or State laws settling the
individual spheres of administration only when they are requisite for
regularization of the matter in hand.
(۳) Enabling ordinances to the federal laws promulgated in accordance with
Paragraphs (۱) and (۲) shall be issued٫ save as otherwise provided in these
laws٫ by the Federation. The manner of publication for enabling ordinances
whose issue by the States in matters concerning Paragraph (۱) no.۴ and ۶ is
empowered by federal law can be prescribed by federal law.
(۴) The application of the laws promulgated pursuant to Paragraph (۲) and the
enabling ordinances issued hereto lies with the Federation or the States٫
depending on whether the business which forms the subject of the procedure is a
matter for execccution by the Federation or the States.
(۵) In proceedings before the administrative authorities the final decision on
administrative contraventions lies with administrative penal tribunals to be
constituted within the framework of the competent authorities. The members
of these tribunals are independent in the exercise of their office and not
bound by any instructions. The senior official of the authority concerned
or a deputy delegated by him٫ who must have legal training٫ presides. The
Federation appoints two members also in cases where the tribunals have not been
constituted within the framework of the federal authorities. Acting on
applications from the administrative penal tribunals٫ the State-Governors are
competent to exercise the right of pardon provided for by law where penal
administrative business arises under the indirect federal administration٫ the
State Governments in matters of the autonomous sphere of competence of the
States. Details regarding the establishment of administrative penal
tribunals and their activity will be prescribed by federal law.
Article ۱۲ [Federal Framework Legislation]
(۱) In the following matters٫ framework legislation is the business of the
Federation٫ the issue of implementing laws and execccution the business of the
States:
۱. social welfare; population policy in so far as it does not fall under
Article ۱۰; 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;
۲. public institutions for the adjustment of disputes out of court;
۳. land reform٫ in particular land consolidation measures and resettlement;
۴. the protection of plants against diseases and pests;
۵. matters of electric power in so far as they do not fall under Art. ۱۰;
and
۶. labor 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.
(۲) In matters of land reform the final decision and that at State level lies
with tribunals composed of a chairman and judges٫ administrative officials٫ and
experts the tribunal qualified to pronounce final judgment will be appointed
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 of 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 State jurisdiction is inadmissible.
(۳) If and inasmuch as the rulings of State authorities in matters of electric
power deviate from one another or a State Government was the sole competent
State 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 State authorities are invalidated.
Article ۱۳ [Taxation]
The competencies of the Federation and the States in the field of taxation will
be prescribed in a special federal constitutional law.
Article ۱۴ [Education]
(۱) Save as provided otherwise in the following paragraphs٫ legislation and
execccution in the field of schooling and in the field of education in matters
of pupil and student hostels are the business of the Federation. The
matters settled in Article ۱۴a do not belong to schooling and education within
the meaning of this Article.
(۲) Save as provided otherwise by Paragraph (۴)(a)٫ legislation is the business
of the Federation٫ execccution the business of the States in matters of the
service code for and staff representation rights of teachers at public
compulsory schools. Such federal laws can empower State legislatures to
issue implementing provisions to individual provisions which shall be precisely
specified; in these instances the provisions of Article ۱۵ (۶) apply
analogously. The enabling ordinances in respect of such federal laws٫ save
as provided otherwise herein٫ shall be issued by the Federation.
(۳) In the following matters framework legislation is the business of the
Federation٫ the issue of implementing laws and execccution the business of the
States:
a) composition and disposition٫ including their members” appointment and
remuneration٫ of the boards to be constituted in the States and political
Districts as part of the federal school authorities;
b) framework organization (structure٫ organizational forms٫ establishment٫
maintenance٫ dissolution٫ local districts٫ sizes of classes and instruction
periods) of public compulsory schools;
c) framework organization of publicly maintained student hostels provided
exclusively or mainly for pupils of compulsory schools; and
d) professional employment qualifications for kindergarten teachers and
educational assistants to be employed by the States٫ Counties٫ or County
Associations at the centers and student hostels provided exclusively or mainly
for pupils of compulsory schools.
(۴) In the following matters legislation and execccution is the business of
the States:
a) competence of officials٫ on the basis of laws promulgated pursuant to
Paragraph (۲)٫ to exercise official responsibility over teachers at public
compulsory schools; the States laws shall provide that the federal school
authorities in the States and political Districts must participate in
appointments٫ other selectttions for service positions٫ and awards as well as
in eligibility and disciplinary proceedings. The participation in
appointments٫ other selectttions for service positions٫ and awards shall at
all events comprise a right of nomination on the part of the primary level
federal school authority;
b) the kindergarten system and the centers system.
(۵) In the following matters legislation and execccution are٫ in deviation
from the provisions of Paragraphs (۲) to (۴)٫ the business of the Federation:
a) public demonstration schools٫ demonstration kindergartens٫ demonstration
centers٫ and demonstration student hostels attached to a public school for the
purpose of practical instruction as provided by the curriculum;
b) publicly maintained student hostels intended exclusively or mainly for
pupils of the demonstration schools mentioned in Sub-Paragraph (a); and
c) the service code for and staff representation rights of teachers٫
educational assistants٫ and kindergarten teachers at the public institutions
mentioned in Sub-Paragraphs (a) and (b).
(۶) 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 execccution in matters of the
establishment٫ maintenance٫ and dissolution of public schools are the business
of the Federation. The State or٫ according to the statutory provisions٫ the
County٫ or a County Association is the authority so required by law in so far
as legislation or implementing legislation and execccution in matters of
establishment٫ maintenance and dissolution of public schools are the business
of the State. Admission to public school is open to all without distinction
of birth٫ sex race٫ status٫ class٫ language and religion٫ and in other respects
within the limits of the statutory requirements. The same applies
analogously to kindergartens٫ centers٫ and student hostels.
(۷) Private schools are different from public schools; they shall be
accorded public status according to the statutory provisions.
(۸) The Federation is entitled٫ in matters which in accordance with Paragraphs
(۲) and (۳) belong to execccution by the States٫ to obtain confirmation 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 State-Governor can be
instructed (Article ۲۰ (۱)) to redress the shortcomings within an appropriate
deadline. The State-Governor must see to the redress of the shortcomings
according to the statutory provisions and٫ to effect the execccution of such
instructions٫ is bound also to employ the means at his disposal in his capacity
as an authority acting on behalf of the State in its autonomous sphere of
competence.
(۹) The general rules in Articles ۱۰ and ۲۱ as to the distribution of
competencies for legislation and execccution regarding conditions of service
with the Federation٫ the States٫ the Counties٫ and the County 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.
(۱۰) In matters of the school authorities of the Federation in the States and
political Districts٫ compulsory schooling٫ school organization٫ private
schools٫ and the relationship between school and the Churches including
religious instruction at school٫ the House of Representatives٫ in so far as
matters of universities and fine arts academies are not concerned٫ can adopt
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 to the ratification
of treaties negotiated on these matters and which fall into the category
specified in Article ۵۰.
Article ۱۴a [State Legislation and execccution٫ Exceptions]
(۱) Save as provided otherwise in the following paragraphs٫ legislation and
execccution are the business of the States with regard to agricultural and
forestry schooling as well as with regard to agricultural and forestry
education in matters of student hostels٫ and in matters of the service code for
and staff representation rights of teachers and educational assistants at the
schools and student hostels falling under this Article. Matters of
university training do not fall under agricultural and forestry schooling.
(۲) Legislation and execccution is the business of the Federation in the
following matters:
a) secondary agricultural and forestry schools and schools for the training and
supplementary training of teachers at agricultural and forestry schools;
b) technical colleges for the training of forestry employees;
c) public agricultural and forestry technical colleges linked organizationally
with one of the public schools mentioned in Sub-Paragraphs (a) and (b) or with
a federal agricultural and forestry research institute to ensure provision of
the demonstrations scheduled in the curricula;
d) student hostels exclusively or mainly designated for pupils of the schools
mentioned in Sub-Paragraphs (a) to (c);
e) service code for and staff representational rights of the teachers and
educational assistants in the establishments mentioned in Sub-Paragraphs (a) to
(d) above;
f) subsidies for staff expenditure of the denominational agricultural and
forestry schools; and
g) federal agricultural and forestry institutes linked organizationally with an
agricultural and forestry school supported by the Federation to ensure
provision of the demonstrations scheduled in the curricula of these schools.
(۳) Save as it concerns matters mentioned in Paragraph (۲)٫ legislation is the
business of the Federation٫ execccution the business of the States in matters
of
a) religious instruction and
b) 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. State legislatures can be authorized
in federal laws promulgated by reason of the provisions under Sub-Paragraph (b)
to issue implementing provisions for individual regulations which shall be
precisely specified٫ in this connection the provisions of Article ۱۵ (۶) apply
analogously. Enabling ordinances for the federal laws shall٫ save as
otherwise provided there٫ be issued by the Federation.
(۴) Framework legislation is the business of the Federation٫ the issue of
implementing laws and execccution is the business of the States:
a) as regards the agricultural and forestry vocational schools in matters of
definitions of t٫he instructional objectttive٫ the obligatory subjects٫ and
free tuition as well as in matters of compulsory schooling and the transfer
from the school in one State to the school in another State;
b) as regards the agricultural and forestry technical colleges in matters of
the definition of admission prerequisites٫ instructional objectttive٫
organizational forms٫ extent of the teaching and obligatory subjects٫ free
tuition٫ and the transfer from the school in one State to the school in another
State;
c) in matters of the public status of private agricultural and forestry
vocational schools and training colleges with the exception of schools falling
under para. ۲ sub-para. b above; and
d) as regards the organization and competence of advisory boards who in the
matters of Paragraph (۱) participate in the execccution by the States.
(۵) The establishment of the agricultural and forestry technical colleges and
research institutes specified under Paragraph (۲)(c) and (g) is only admissible
if the State government of the State 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.
(۶) It lies within the competence of the Federation to see to the observance of
the regulations issued by it in matters whose execccution in accordance with
Paragraphs (۳) and (۴) belongs to the States.
(۷) The provisions of Article ۱۴ (۶)٫ (۷)٫ and (۹) analogously also apply for
the spheres specified in the first sentence of Paragraph (۱).
(۸) federal laws on matters pursuant to Paragraph (۴) can be passed by the
House of Representatives only ill the presence of at least half the members and
by a two thirds majority of the votes cast.
Article ۱۵ [General Competence of the States]
(۱) In so far as a matter is not expressly assigned by the Federal Constitution
to the Federation for legislation or also execccution٫ it remains within the
States” autonomous sphere of competence.
(۲) In matters of local public safety administration٫ i.e.٫ that part of public
safety administration which exclusively or preponderantly affects the interests
of the local community personified by the County 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
County and to redress any observed shortcomings by instructions to the
State-Governor. Inspectoral authorities of the Federation can for this
purpose be delegated to the County; in each and every case the
State-Governor shall be informed hereof.
(۳) The provisions of States legislation in matters of theaters and cinemas٫
public shows٫ performances٫ and entertainments shall assign to the federal
public safety administration within its 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 licenses
as stipulated by such legislation.
(۴) To what extent the federal public safety administration shall within its
local sphere of competence be assigned execccutive responsibility in the
domain of the highway police٫ except the local traffic police (Article ۱۱۸ (۴)
no.۴) 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 State concerned.
(۵) In so far as execccutive acts in building matters concern federally owned
buildings which serve public purposes٫ like accommodation for federal
authorities and offices or public institutions including schools and hospitals
or barracks quarters for members of the Army or other federal employees٫ these
execccutive acts fall under the indirect federal administration; the final
decision on appeals rests with the State-Governor. Nevertheless
determination of alignment and level in these cases too falls under the
execccutive power of the States.
(۶) In so far as framework legislation has been reserved to the Federation٫
detailed implementation within the framework laid down by federal law is
incumbent on State legislatures. The federal law can fix for the issue of
the implementing legislation a deadline which may not without the consent of
the Senate٫ be shorter than six months and not longer than one year. If a
State does not observe this deadline٫ competence for the issue of the
implementing legislation passes from that State to the Federation. As soon
as the State has issued the implementing legislation the federal implementing
legislation becomes invalidated. If the Federation has not established any
framework٫ State legislation is free to settle such matters. As soon as the
Federation has established a framework٫ the provisions of State legislation
shall within the deadline to be appointed by federal law be adjusted to the
framework legislation.
(۷) If an execccutive act on the part of one State in matters covered by
Articles ۱۱٫ ۱۲٫ ۱۴ (۲) and (۳)٫ and ۱۴a (۳) and (۴) is to be effective in
several States٫ the participant States 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 States or one of the parties participating in the matter٫
to the competent Federal Ministry. The details can be settled by federal
laws promulgated under Articles ۱۱٫ ۱۲٫ ۱۴ (۲) and (۳)٫ and ۱۴a (۳) and (۴).
(۸) In matters reserved to federal legislation in conformity with Articles ۱۱
and ۱۲٫ the Federation is entitled to control the observance of the regulations
it has issued.
(۹) States are competent within the scope of their legislation to make likewise
in the field of civil and criminal law the provisions necessary to dispose of
an item.
(۱۰) State legislation which alters or settles along the lines the existent
organization of the ordinary public administration in the States٫ may only be
promulgated with the consent of the Federal Government.
Article ۱۵a [Agreements Between Federation and States]
(۱) Federation and States can make 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 Federal Minister. 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 House of
Representatives. Article ۵۰ (۳) shall by analogy be applied to such
resolutions of the House of Representatives; they shall he published in the
federal law Gazette.
(۲) Agreements between the States can only be made about matters of their
autonomous sphere of competence and must without delay be brought to the
Federal Government”s knowledge.
(۳) The principles of international law concerning treaties shall apply to
agreements within the meaning of Paragraph (۱). The same applies for
agreements within the meaning of Paragraph (۲)٫ save as provided otherwise by
corresponding constitutional laws of the States in question.
Article ۱۶ [Implementation of Treaties]
(۱) The States are bound to take measures which become necessary within their
autonomous sphere of competence for the implementation of international
treaties; should a State fail to comply punctually with this obligation٫
competence for such measures٫ particularly issuing the necessary laws٫ passes
to the Federation. A measure taken by the Federation pursuant to this
provision٫ particularly issuing a law or an ordinance٫ becomes invalid as soon
as the State has taken the requisite action.
(۲) Likewise٫ in the implementation of treaties with foreign states٫ the
Federation has the right of supervision in matters which belong to the
autonomous sphere of competence of the States. In such case the Federation
has the same rights with respect to the States as in matters of the indirect
federal administration (Article ۱۰۲).
Article ۱۷ [Competences Not Restricting Civil Rights]
(۱) The provisions of Articles ۱۰ to ۱۵ with regard to competence of
legislation and execccution in no way affects the position of the Federation
as the holder of civil rights.
(۲) The Federation can in all these legal relations never be placed by State
legislation in a position less favorable than that of the State concerned.
Article ۱۸ [Rule of Law]
(۱) The entire public administration shall be based on law.
(۲) Every administrative authority can on the basis of law issue ordinances
within its sphere of competence.
(۳) If the immediate issue of measures٫ which require in accordance with the
Constitution a resolution by the House of Representatives٫ becomes necessary to
prevent obvious and irreparable damage to the community at a time when the
House of Representatives is not assembled٫ cannot meet in time٫ or is impeded
from action by circumstances 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 House of Representatives (Article ۵۵ (۲)). Such an ordinance requires
the countersignature of the Federal Government.
(۴) Every ordinance issued in accordance with Paragraph (۳) shall without delay
be submitted by the Federal Government to the House of Representatives 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 House of Representatives٫ on
one of the eight days following its submission. Within four weeks of the
submission٫ the House of Representatives 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 House of Representatives 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
Standing Orders.
(۵) The ordinances specified in Paragraph (۳) 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
States٫ Districts٫ or Counties nor financial commitments for federal citizens
nor an alienation of state property nor measures of matters specified in
Article ۱۰ (۱) no.۱۱ nor٫ finally٫ such as concern the right of collective
association or rent protection.
Article ۱۹ [Governmental Power٫ Incompatibility]
(۱) The highest execccutive authorities are the Federal President٫ the Federal
Ministers and the Secretaries of State٫ and the members of the State
Governments.
(۲) The admissibility of activities in the private sector of the economy by the
authorities specified in Paragraph (۱) and other public functionaries can be
restricted by federal law.
Article ۲۰ [Administration]
(۱) Under the direction of the highest authorities of the Federation and the
States elected temporary functionaries or permanent appointees conduct the
administration in accordance with the provisions of the laws. They are٫
except for differing regulations by Constitutional laws٫ bound by the
instructions of their superiors and responsible to these for the exercise of
their office. 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.
(۲) If Federal or State law has appointed for decision in the last instance a
tribunal whose rulings are٫ according to the provisions of the law٫ not subject
to rescission or alteration through administrative authorities and whose
membership includes at least one judge٫ the other members of this tribunal are
likewise bound by no instructions in the exercise of their office.
(۳) All functionaries entrusted with administrative duties of Federation٫
States٫ and Counties are٫ except for differing regulations by law٫ pledged to
secrecy about all facts of which they have obtained knowledge exclusively from
their official activity and whose concealment is enjoined by the public
interest or that of the parties concerned. Official secrecy does not exist
for functionaries appointed by a popular representative body if it expressly
asks for such information.
Article ۲۱ [Service Code]
(۱) Legislation and execccution in matters of the service code for and staff
representation rights of employees of the States٫ the Counties٫ and the County
Associations are٫ save as provided otherwise٫ in all matters in Paragraph (۲)
and Article ۱۴ (۲) and (۳)(d)٫ incumbent on the States. The laws and
ordinances issued by the States in matters of the service code may not differ
in such degree from the laws and ordinances of the Federation relating to the
service code as substantially to impede the alternation of service stipulated
pursuant to Paragraph (۴).
(۲) The State laws promulgated in accordance with Paragraph (۱) in the field of
service contract regulations may only contain provisions dealing with
establishment and severance of the employment relationship and the rights and
duties arising therefrom. Legislation and execccution in matters of
employee protection for functionaries (Paragraph (۱)) and to staff
representation of States functionaries٫ in so far as they are not engaged in
public enterprises٫ are incumbent on the States. In so far as in accordance
with this paragraph the States are not competent٫ the aforementioned matters
fall within the competence of the Federation.
(۳) 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 States by the highest authorities of the
States. The service prerogative with regard to the employees of the
Auditing Board is exercised on behalf of the Federation by the president of the
Auditing Board.
(۴) The possibility of an alternation of service between the Federation٫ the
States٫ the Counties٫ and the County Associations pertains guaranteed at all
times to public employees. The alternation of service will take place with
the agreement of the authorities competent to exercise the service
prerogative. Special arrangements to facilitate the alternation of service
can be made by federal law.
(۵) Official titles for the functionaries of the Federation٫ the States٫ the
Counties٫ and the County Associations can be laid down by federal law in a
standardized form. Their use is safeguarded by law.
Article ۲۲ [Mutual Assistance]
All authorities of the Federation٫ the States٫ and the Counties are bound
within the framework of their legal sphere of competence to render each other
mutual assistance.
Article ۲۳ [State Liability]
(۱) The Federation٫ the States٫ the Districts٫ the Counties٫ and the other
bodies and institutions established under public law are liable for the injury
which persons acting on their behalf in execccution of the laws have by
illegal behavior culpably inflicted on whomsoever.
(۲) Persons acting on behalf of one of the legal entities specified in
Paragraph (۱) are liable to it٫ in so far as intent or gross negligence can be
laid to their charrrge٫ for the injury for which the legal entity has
indemnified the injured party.
(۳) Persons acting on behalf of one of the legal entities specified in
Paragraph (۱) are liable for the injury which in execccution of the laws they
have by illegal behavior inflicted directly on the legal entity.
(۴) The detailed provisions with respect to Paragraphs (۱) to (۳) will be
established by federal law.
(۵) A federal law can also provide to what extent special provisions deviating
from the principles laid down in Paragraph (۱) to (۳) above apply in the field
of the postal٫ telegraph٫ and telephone system.
Chapter II Federal Legislation
Part A The House of Representatives
Article ۲۴ [Legislative Power]
The legislative power of the Federation is exercised by the House of
Representatives jointly with the Senate.
Article ۲۵ [Seat]
(۱) The seat of the House of Representatives is Vienna٫ the federal capital.
(۲) For the duration of extraordinary circumstances٫ the Federal President can
at the request of the Federal Government convoke the House of Representatives
elsewhere within federal territory.
Article ۲۶ [Election]
(۱) The House of Representatives is elected by the nation in accordance with
the principles of proportional representation on the basis of equal٫ direct٫
secret٫ and personal suffrage for men and women who have completed their
nineteenth year of life on a day appointed prior to the election. Voting is
compulsory in the Federal States where this has been enacted by State law.
Detailed provisions about the electoral procedure and compulsory voting٫ if
necessary٫ will be made by federal law. This federal law shall in
particular lay down the reasons held to excuse non-participation in the
election notwithstanding compulsory voting.
(۲) The federal territory will be divided into self-contained constituencies
whose boundaries may not overlap States boundaries. The number of deputies
shall be divided among the qualified voters of a constituency in proportion to
the number of nationals in the constituencies٫ i.e.٫ the number of federal
nationals who in accordance with the result of the last census had their
domicile in the constituencies. A division of the electorate into other
electoral bodies is not admissible.
(۳) The day of the poll must be a Sunday or other public holiday.
(۴) Eligible for election is every qualified voter who has completed his/her
twenty first year of life before the day appointed prior to the election.
(۵) Exclusion from the right to vote and from eligibility can only ensue from a
sentence or order by the courts.
(۶) Electoral boards shall be appointed for the implementation and conduct of
elections to the House of Representatives٫ the election of the Federal
President٫ and referenda in accordance with Article ۴۶ as well as for
assistance in the scrutiny of initiatives. Their members٫ with voting
rights٫ shall include representatives from the participant political
parties. The main electoral board shall include members who belong or have
belonged to the judiciary. The electoral regulations shall lay down٫
notwithstanding members originating from the professional judiciary٫ number of
members to be allocated to the participant political parties in accordance with
their strength as ascertained at the last House of Representatives election.
(۷) The electoral register will be drawn up by the Counties as part of their
assigned sphere of competence.
Article ۲۷ [Term]
(۱) The legislative period of the House of Representatives lasts four years٫
calculated from the day of its first meeting but in any case until the day on
which the new House of Representatives meets.
(۲) The newly elected House of Representatives 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 House of
Representatives to meet on the day after the expiry of the fourth year of the
legislative period.
Article ۲۸ [Sessions]
(۱) The Federal President convokes the House of Representatives each year for
an ordinary session which shall not begin before ۱۵ Sep and not last longer
than ۱۵ July the following year.
(۲) The Federal President can also convoke the House of Representatives for
extraordinary sessions. If the Federal Government or at least one third of
the members of the House of Representatives or if the Senate so demands٫ the
Federal President is bound to convoke the House of Representatives for an
extraordinary session to meet within two weeks of the demand; the
convocation needs no countersignature. A request by members of the House of
Representatives or by the Senate does not require a recommendation by the
Federal Government.
(۳) The Federal President declares sessions of the House of Representatives
closed in pursuance of a vote by the House of Representatives.
(۴) Upon the opening of a new House of Representatives 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 House of Representatives to continue their
work.
(۵) During a session the President of the House of Representatives convokes the
individual sittings. If within a session at least a quarter of the House of
Representatives” members or the Federal Government so demands٫ the President
is bound to convoke a sitting in such manner that the House of Representatives
meets within five days of the demand.
(۶) The federal law on the House of Representatives” Standing Orders shall
lay down special provisions for its convocation in the event of the elected
Presidents being precluded from the performance of their office or being
deprived of their functions.
Article ۲۹ [Dissolution]
(۱) The Federal President can dissolve the House of Representatives٫ 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 House of Representatives can at the latest meet on the hundredth
day after the dissolution.
(۲) Before expiry of a legislative period the House of Representatives can vote
its own dissolution by simple law.
(۳) After a dissolution pursuant to Paragraph (۲) as well as after expiry of
the period for which the House of Representatives has been elected٫ the
legislative period lasts until the day on which the newly elected House of
Representatives meets.
Article ۳۰ [Organization]
(۱) The House of Representatives elects the President٫ the Second٫ and Third
Presidents from among its members.
(۲) The business of the House of Representatives is conducted in pursuance of a
special federal law. The federal law on the House of Representatives”
Standing Orders can only be passed in the presence of half the members and by a
two thirds majority of the votes cast.
(۳) The Parliamentary Staff٫ which is subordinate to the President of the House
of Representatives٫ is competent for the conduct of Parliamentary auxiliary
services and administrative matters within the scope of the federal
legislature. The internal organization of the Parliamentary Staff for
matters of the Senate shall be settled in agreement with the Chairman of the
Senate who is likewise invested with authority to issue instructions as to
implementation of the functions assigned to the Senate on the basis of this
law.
(۴) The nomination of Parliamentary Staff employees and all other competencies
in personnel matters lie with the President of the House of Representatives.
(۵) The President of the House of Representatives can delegate parliamentary
Staff employees to parliamentary parties for help in the fulfillment of
parliamentary duties.
(۶) The President of the House of Representatives is the highest administrative
authority in the execccution of the administrative matters for which he is٫
according to this Article٫ competent and he exercises these powers in his own
right. He may issue ordinances inasmuch as these exclusively concern
administrative matters regulated by this Article.
Article ۳۱ [Majority]
Save as otherwise provided in this law or as otherwise laid down in the federal
law on the House of Representatives” 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 House of
Representatives.
Article ۳۲ [Publicity]
(۱) The sessions of the House of Representatives are public.
(۲) The public shall be excluded if the chairman or one fifth of the members
present so demand and the House of Representatives votes this after the
withdrawal of the audience.
Article ۳۳ [Publications]
No one shall be called to account for publishing true accounts of proceedings
in the public sessions of the House of Representatives and its committees.
Part B The Senate
Article ۳۴ [Representation]
(۱) Pursuant٫ to the following provisions٫ the States are represented in the
Senate in proportion to the number of nationals in each of them.
(۲) The State with the largest number of citizens delegates twelve members٫
every other State as many as the ratio in which its nationals stand to those in
the first-mentioned State٫ with remainders which exceed half the coefficient
counting as full. However٫ every State is entitled to a representation of
at least three members. A substitute will be appointed for each member.
(۳) The number of members to be delegated by each State accordingly will be
re-calculated after every general census by the Federal President.
Article ۳۵ [Election]
(۱) The members of the Senate and their substitutes are elected by the State
Parliaments 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 havinggg the second largest number of seats in a
State Parliament or٫ should several parties have the same number of seats٫ the
second highest number of votes at the last election to the State
Parliament. When the claims of several parties are equal٫ the issue shall
be decided by lot.
(۲) The members of the Senate need not belong to the State Parliament which
delegates them٫ but they must be eligible for that State Parliament.
(۳) After expiry of the legislative period of a State Parliament or after its
dissolution٫ the members delegated by it to the Senate remain in office until
such time as the new State Parliament has held the election to the Senate.
(۴) The provisions of Articles ۳۴ and ۳۵ can only be amended٫ apart from the
majority of votes requisite in general to the adoption of a resolution there٫
if in the Senate the majority of the representatives from at least four States
has approved the amendment.
Article ۳۶ [Chairman٫ Convocation]
(۱) The States succeed each other in alphabetical order every six months in the
chairmanship of the Senate.
(۲) The representative who heads the delegation of the State entitled to the
chairmanship acts as Chairman; the appointment of the Deputy Chairmen will
be prescribed by the Senate”s Standing Orders.
(۳) The Senate will be convoked by its Chairman at the seat of the House of
Representatives. The Chairman is bound immediately to convoke the Senate if
at least one quarter of its members or the Federal Government so demands.
Article ۳۷ [Quorum٫ Majority٫ Standing Orders٫ Publicity]
(۱) Save as provided differently by law٫ the presence of at least one third of
the members and an absolute majority of the votes cast is requisite to a
resolution by the Senate.
(۲) The Senate 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.
(۳) The meetings of the Senate are public. The public can٫ pursuant to the
provisions of the Standing Orders٫ be excluded by resolution. The
provisions of Article ۳۳ also apply to public meetings of the Senate and its
committees.
Part C The Federal Assembly
Article ۳۸ [Functions]
The House of Representatives and the Senate meet٫ together building the Federal
Assembly٫ in public session at the seat of the House of Representatives for the
affirmation of the Federal President as well as for the adoption of a
resolution on a declaration of war.
Article ۳۹ [Chairman]
(۱) Apart from the cases stated in Articles ۶۰ (۶)٫ ۶۳ (۲)٫ ۶۴ (۴)٫ and ۶۸ (۲)٫
the Federal Assembly is convoked by the Federal President. The chairmanship
alternates between the President of the House of Representatives and the
Chairman of the Senate٫ beginning with the former.
(۲) The House of Representatives” Standing Orders are applied analogously in
the Federal Assembly.
(۳) The provisions of Article ۳۳ apply for the sessions of the Federal
Assembly.
Article ۴۰ [Resolutions]
(۱) The resolutions of the Federal Assembly are authenticated by its Chairman
and countersigned by the Federal Chancellor.
(۲) The resolutions of the Federal Assembly upon a declaration of war shall be
officially published by the Federal Chancellor.
Part D Federal Legislative Procedure
Article ۴۱ [Bills]
(۱) Legislative proposals are submitted to the House of Representatives either
as motions by its members or as Federal Government bills. The Senate can
propose legislative motions to the House of Representatives by way of the
Federal Government.
(۲) Every motion proposed by ۱۰۰٫۰۰۰ voters or by one sixth each of the voters
in three States shall be submitted by the main electoral board to the House of
Representatives for action. The initiative must be put forward in the form
of a draft law.
Article ۴۲ [objectttion]
(۱) Every enactment of the House of Representatives shall without delay be
conveyed by the President to the Senate.
(۲) Save as otherwise provided by constitutional law٫ an enactment can be
authenticated and published only if the Senate has not raised a reasoned
objectttion to this enactment.
(۳) This objectttion must be conveyed to the House of Representatives in
writing by the Chairman of the Senate within eight weeks of the enactment”s
arrival; the Federal Chancellor shall be informed thereof.
(۴) If the House of Representatives in the presence of at least half its
members once more carries its original resolution٫ this shall be authenticated
and published. If the Senate resolves not to raise any objectttion or if
no reasoned objectttion is raised within the deadline laid down in Paragraph
(۳)٫ the enactment shall be authenticated and published.
(۵) The Senate can raise no objectttion to resolutions of the House of
Representatives relating to a law on the House of Representatives” Standing
Orders٫ the dissolution of the House of Representatives٫ the appropriation of
the Federal Budget estimates٫ the sanction of the final Federal Budget٫ the
raising or conversion of federal loans٫ or the disposal of federal
property. These enactments of the House of Representatives shall be
authenticated and published without further formalities.
Article ۴۳ [Referendum]
If the House of Representatives so decides or if the majority of members of the
House of Representatives so demands٫ every enactment of the House of
Representatives shall be submitted to a referendum upon conclusion of the
procedure pursuant to Article ۴۲ but before its authentication by the Federal
President.
Article ۴۴ [Constitutional Laws]
(۱) Constitutional laws or constitutional provisions contained in simple laws
can be passed by the House of Representatives 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.
(۲) Any total revision of the Federal Constitution shall upon conclusion of the
procedure pursuant to Article ۴۲ but before its authentication by the Federal
President be submitted to a referendum by the entire nation٫ whereas any
partial revision requires this only if one third of the members of the House of
Representatives or the Senate so demands.
Article ۴۵ [Referendum Majority]
(۱) For a referendum٫ the absolute majority of the validly cast votes is
decisive.
(۲) The result of a referendum shall be officially announced.
Article ۴۶ [Initiative and Referendum Law]
(۱) The procedure for an initiative and a referendum will be prescribed by
federal law.
(۲) Everyone who is eligible for the House of Representatives has the right to
vote.
(۳) A referendum takes place at the order of the Federal President.
Article ۴۷ [Signatures]
(۱) The constitutional enactment of federal laws is authenticated by the
signature of the Federal President.
(۲) The submission for authentication is effected by the Federal Chancellor.
(۳) The authentication shall be countersigned by the Federal Chancellor.
Article ۴۸ [Publication]
Federal laws and the treaties specified in Article ۵۰ will be published with
reference to their adoption by the House of Representatives; federal laws
based upon a referendum with reference to the result of that referendum.
Article ۴۹ [Promulgation]
(۱) Federal laws and the treaties specified in Article ۵۰ 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 on
which the number of the Federal Law Gazette containing their publication is
issued and distributed and it extends٫ unless explicitly provided otherwise٫ to
the entire federal territory; this does not apply to treaties which are to
be implemented by the issue of laws (Article ۵۰ (۲)).
(۲) The House of Representatives can on the occasion of giving its sanction to
treaties pursuant to Article ۵۰ resolve that a treaty or individual explicitly
specified parts of it shall be published not in the federal law Gazette٫ but in
another appropriate manner. Such a resolution by the House of
Representatives has to state the manner of publication٫ which must guarantee
the accessibility of the treaty for the duration of its validity٫ and shall be
notified by the Federal Chancellor in the Federal Law Gazette. Unless
explicitly provided otherwise٫ the entry into force of such treaties begins
with expiry of the day on which the number of the Federal Law Gazette
containing the notification of the resolution by the House of Representatives
is issued and distributed and it extends٫ unless explicitly provided otherwise٫
to the entire federal territory.
(۳) A special federal law on the Federal Law Gazette will he promulgated.
Article ۴۹a [Republication]
(۱) The Federal Chancellor is empowered jointly with the competent Federal
Ministers to restate with binding effect federal laws in their valid version by
publication in the Federal Law Gazette.
(۲) On the occasion of the republication:
۱. obsolete terminological expressions can be rectified and outdated spelling
assimilated to the new manner of writing;
۲. references to other regulations which no longer fit in with current
legislation as well as other inconsistencies can be rectified;
۳. provisions which have been nullified by later regulations or otherwise
rendered void can be declared invalid;
۴. title abridgements and alphabetical abbreviations of titles can be laid
down;
۵. the designations of articles٫ sections٫ paragraphs٫ and the like can in case
of elimination or insertttion be correspondingly altered and in this
connection references thereto within the text of the regulation be
appropriately rectified; and
۶. interim provisions as well as earlier still applicable versions of the
federal law in question can by specification of their purview be recapitulated
and simultaneously with the republication be separately issued.
(۳) From the day following issue of the republication all courts and
administrative authorities are bound by the restated text of the federal law in
respect of facts materializing thereafter.
Part E Participation of the House of Representatives and of the Senate in
execccution by the Bund
Article ۵۰ [Treaties]
(۱) Political treaties٫ and others in so far as their contents modify or
complement existent laws٫ may only be concluded with the sanction of the House
of Representatives.
(۲) At the time of giving its sanction to a treaty which falls under Paragraph
(۱)٫ the House of Representatives can decide that the treaty in question shall
be implemented by the issue of laws.
(۳) The provisions of Article ۴۲ (۱) to (۴) and٫ should constitutional law be
modified or complemented by the treaty٫ the provisions of Article ۴۴ (۱) apply
analogously to resolutions of the House of Representatives in accordance with
Paragraphs (۱) and (۲). In a vote of sanction adopted pursuant to Paragraph
(۱)٫ such treaties or such provisions as are contained in treaties shall be
explicitly specified as “constitutionally modifying”.
Article ۵۱ [Budget]
(۱) At the latest ten weeks before expiry of the fiscal year the Federal
Government shall submit to the House of Representatives an estimate of the
revenue and expenditure of the Federation for the ensuing fiscal year. Its
contents may not be made public before the beginning of the deliberations in
the House of Representatives.
(۲) Federal expenditure not earmarked in the Federal Finance Act or by a
special law requires before its execccution constitutional sanction by the
House of Representatives which shall be obtained by the Federal Minister of
Finance. Should delay be dangerous٫ such federal expenditure٫ in so far as
it does not exceed ۱٫۰۰۰٫۰۰۰.- Schilling٫ can be undertaken with the consent of
the Main Committee of the House of Representatives; the sanction of the
House of Representatives shall subsequently be requested.
(۳) If the draft Federal Budget submitted by the Federal Government in due time
(Paragraph (۱)) to the House of Representatives is not constitutionally
sanctioned before expiry of the fiscal year and by that date no temporary
provision has been made by federal law٫ then٫ during the first two months of
the ensuing fiscal year٫ the taxes٫ levies٫ and imposts revenue shall be
collected in accordance with the existing regulations and federal expenditure
shall be defrayed to the account of the appropriations to be laid down by law٫
with the exception of expenditure of a kind not specially earmarked in the last
Federal Finance Act. The ceiling of the admissible federal expenditure is
formed by the expenditure appropriations contained in the draft Federal Budget
submitted to the House of Representatives٫ and one twelfth of these
appropriations shall serve as the foundation for each month”s
expenditure. The expenditure requisite to the fulfillment of legal
liabilities shall be defrayed in accordance with maturity. The filling of
official appointments likewise ensues on the basis of the draft Federal Finance
Act submitted to the House of Representatives. In other respects٫ the
provision of the last Federal Finance Act٫ in so far as they do not concern
figures relating to the administration of public funds remain analogously in
force for the above-mentioned two months.
Article ۵۲ [Government Interrogation]
(۱) The House of Representatives and the Senate are entitled to examine the
administration of affairs by the Federal Government٫ to interrogate its members
about all subjects of its execccution٫ and to demand all relevant information
as well as to ventilate in resolutions their wishes about exercise of the
execccutive power.
(۲) Every member of the House of Representatives and the Senate is entitled
during the sessions of the House of Representatives and the Senate to address
brief oral questions to members of the Federal Government.
(۳) The detailed regulations respecting the right of interrogation will be
settled by the federal law on the House of Representatives” Standing Orders
as well as in the Senate”s Standing Orders.
Article ۵۳ [Committees of Inquiry]
(۱) The House of Representatives can٫ by resolution٫ set up committees of
inquiry.
(۲) The detailed regulations respecting the establishment of and the procedure
for committees of inquiry will be settled by the federal law on the House of
Representatives” Standing Orders.
(۳) 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.
Article ۵۴ [Tariffs]
The House of Representatives participates in laying down railway fares٫ postal٫
telegraph٫ and phone rates٫ and the prices for monopoly commodities as well as
the payment for persons regularly employed in federal establishments. This
participation will be prescribed by federal constitutional law.
Article ۵۵ [Main Committee]
(۱) The House of Representatives elects its Main Committee from its members in
accordance with the principle of proportional representation; it can be laid
down by federal law that certain ordinances by the Federal Government or a
Federal Minister need the agreement of the Main Committee and that reports by
the Federal Government or a Federal Minister shall be rendered to the Main
Committee. Should the need arise٫ the Main Committee shall be convoked
between sessions of the House of Representatives (Article ۲۸).
(۲) The Main Committee elects from among its members a Standing Sub-Committee
upon which it devolves the powers stipulated by law. The election takes
place in accordance with proportional representation notwithstanding inclusion
of at least one member of every party belonging to the Main Committee. The
Standing Orders must provide that the Standing Sub-Committee can be convoked
and can meet at any time. If the House of Representatives in accordance
with Article ۲۹ (۱) is dissolved by the Federal President٫ participation in the
execccutive power which in accordance with this law otherwise lies with the
House of Representatives devolves to the Standing Sub-Committee.
Part F Status of Members of the House of Representatives and the Senate
Article ۵۶ [Independence]
The members of the House of Representatives and the members of the Senate are
not bound in the exercise of their function by any mandate.
Article ۵۷ [Indemnity٫ Immunity]
(۱) The members of the House of Representatives may never be made responsible
for votes cast in the exercise of their function and only by the House of
Representatives on the grounds of oral or written utterances made in the course
of their function.
(۲) The members of the House of Representatives may٫ on the ground of a
criminal offence -–- except for apprehension in flagrante delicto -–- be
arrested only with the consent of the House of Representatives. Searches of
the home of House of Representatives members likewise require the House of
Representatives” consent.
(۳) Other legal action on the ground of a criminal offence may be taken against
members of the House of Representatives without the House of
Representatives” consent only if it is manifestly not connected to the
political activity of the member in question. The authority concerned must
seek a ruling by the House of Representatives 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.
(۴) In all these instances the consent of the House of Representatives 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 House of Representatives” 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 House of Representatives is not in session.
(۵) In case of a member”s apprehension in the act of committing a crime٫ the
authority concerned must immediately notify the President of the House of
Representatives of the occurrence of the arrest. If the House of
Representatives 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 dropppped.
(۶) The immunity of members ends with the day of the meeting of the newly
elected House of Representatives٫ that of functionaries of the House of
Representatives whose tenure of office extends beyond this date on the expiry
of this term of office.
(۷) The detailed provisions are settled by the federal law on the House of
Representatives” Standing Orders.
Article ۵۸ [Immunity in the Senate]
The members of the Senate enjoy for the whole duration of their tenure of
office the immunity of the members of the State Parliament which has delegated
them.
Article ۵۹ [Incompatibility٫ Public Employment]
(۱) No one can simultaneously belong to the House of Representatives and the
Senate.
(۲) Public employees٫ including members of the Federal Army٫ require no leave
of absence to hold a seat in the House of Representatives or in the Senate.
If they seek a seat in the House of Representatives٫ they shall be granted the
requisite free time. The service code will provide details.
Chapter III Federal execccution
Part A Administration
Title ۱ The Federal President
Article ۶۰ [Election]
(۱) The Federal President is elected by the nation on the basis of equal٫
direct٫ secret٫ and personal suffrage. If there is only one candidate٫ the
election takes place by way of referendum. Anyone with House of
Representatives suffrage is entitled to vote. Voting in the election is
compulsory in Federal States where State law so provides. Detailed
provisions about the electoral procedure and possible compulsory voting will be
established by a federal law. This same law shall in particular lay down
the reasons held to excuse non-participation in the election regardless of
compulsory voting.
(۲) 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; but each of the two groups of
voters who put up these two candidates can in the second ballot nominate
another individual to replace its original candidate.
(۳) Only a person who has House of Representatives franchise and was thirty
five years old before the first of January of the year in which the election is
held can be elected Federal President. Members of reigning houses or of
formerly regnant families are excluded from eligibility.
(۴) The result of the election of the Federal President shall be officially
published by the Federal Chancellor.
(۵) The Federal President holds office for six years. Re-election for the
immediately following term of office is admissible once.
(۶) Before expiry of his term of office the Federal President can be deposed 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 House of Representatives has passed such a motion.
The House of Representatives vote requires the presence of at least half the
members and a majority of two thirds of the votes cast. By such a House of
Representatives vote٫ the Federal President is prevented from the further
exercise of his office. Rejection by the referendum of the deposition works
as a new election and entails the dissolution of the House of Representatives
(Article ۲۹ (۱)). The Federal President”s total term of office may not
exceed twelve years.
Article ۶۱ [Incompatibility]
(۱) During his tenure of office٫ the Federal President may not belong to any
popular representative body nor exercise any other occupation.
(۲) The title “Federal President” may not٫ even with an addition or in the
context of another designation٫ be used by anyone else. It is protected by
law.
Article ۶۲ [Oath]
(۱) 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.”
(۲) The addition of a religious assertion is admissible.
Article ۶۳ [Immunity]
(۱) The institution of legal process against the Federal President is only
admissible if the Federal Assembly has agreed.
(۲) The application for the institution of legal process against the Federal
President shall be filed by the competent authority with the House of
Representatives which votes whether the Federal Assembly shall deal with the
matter. If the House of Representatives pronounces in favor of this٫ the
Federal Chancellor must immediately convoke the Federal Assembly.
Article ۶۴ [Temporary Discharrrge]
(۱) All of the Federal President”s responsibilities٫ should he be prevented
from their discharrrge٫ pass in the first instance to the Federal
Chancellor. If the impediment lasts longer than twenty days or if pursuant
to Article ۶۰ (۶) the Federal President is prevented from the discharrrge of
his office٫ the President٫ the Second President٫ and the Third President of the
House of Representatives acting as a committee shall undertake the
responsibilities of the Federal President. The same applies if the position
of the Federal President is continuously deficient.
(۲) The committee entrusted with the exercise of the Federal President”s
functions according to Paragraph (۱) decides by majority vote. Chairmanship
of the committee and its public representation belong to the President of the
House of Representatives.
(۳) Is one or are two of the House of Representatives” Presidents prevented
from the discharrrge of their responsibilities or is their position
continuously deficient٫ the committee constitutes a quorum even without their
participation; in the event of a tied vote٫ the President senior in rank has
the casting vote.
(۴) If the position of the Federal President is continuously deficient٫ 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.
Article ۶۵ [Functions]
(۱) 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 treaties. At
the time of conclusion of a treaty not falling under Article ۵۰٫ he can direct
that the treaty in question shall be implemented by the issue of ordinances.
(۲) Furthermore٫ the following powers -–- notwithstanding the powers
assigned to him by other provisions of this Constitution -–- are vested in
the President:
a) to appoint federal civil servants٫ including officers as well as other
federal functionaries٫ and to bestow official titles on them;
b) to createee and to bestow professional titles;
c) 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; and
d) on the petition of parents to declare illegitimate children legitimate.
(۳) 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.
Article ۶۶ [Authorization]
(۱) 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.
(۲) The Federal President can authorize the Federal Government or the competent
members of the Federal Government to conclude certain categories of treaties
which do not fall under the terms of Article ۵۰; such an authorization
extends also to the power to issue ordinances in accordance with Article ۶۵ (۱)
second sentence.
Article ۶۷ [Recommendation٫ Countersignature]
(۱) 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.
(۲) 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.
Article ۶۸ [Responsibility]
(۱) Pursuant to Article ۱۴۲٫ the Federal President is responsible to the
Federal Assembly for the exercise of his functions.
(۲) To assert this responsibility٫ the Federal Assembly shall on the vote of
the House of Representatives or the Senate be convoked by the Federal
Chancellor.
(۳) 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 charrrge٫ consonant with Article ۱۴۲٫ is
proffered against the Federal President.
Title ۲ The Federal Government
Article ۶۹ [Government]
(۱) 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.
(۲) 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 discharrrge of their
responsibilities٫ the Federal President entrusts a member of the Federal
Government to deputize for the Federal Chancellor.
Article ۷۰ [Appointment]
(۱) 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.
(۲) Only persons eligible for the House of Representatives can be appointed
Federal Chancellor٫ Vice-Chancellor٫ or Federal Minister; members of the
Federal Government need not belong to the House of Representatives.
(۳) Should a new Federal Government be appointed by the Federal President at a
time when the House of Representatives is not in session٫ he must convoke the
House of Representatives for an extraordinary session (Article ۲۸ (۲)) to meet
within one week for the purpose of introducing the new Federal Government.
Article ۷۱ [Interim Government]
Should the Federal Government have left office٫ the Federal President shall
entrust members of the outgoing Government or senior civil servants of the
Federal departments with continuation of the administration and one of them
with the chairmanship of the provisional Federal Government until the formation
of the new Federal Government. This provision applies analogously if
individual members of the Federal Government have left office.
Article ۷۲ [Affirmation]
(۱) Before assuming office٫ the members of the Federal Government render an
affirmation to the Federal President. The addition of a religious assertion
is admissible.
(۲) The instruments of appointment for the Federal Chancellor٫ the
Vice-Chancellor٫ and the other Federal Ministers are execccuted by the Federal
President on the day of the affirmation and are countersigned by the newly
appointed Federal Chancellor.
(۳) These provisions shall apply analogously to the cases mentioned in Article
۷۱.
Article ۷۳ [Deputy Minister]
Should a Federal Minister be temporarily prevented from discharrrging his
responsibilities٫ the Federal President entrusts one of the other Federal
Ministers or a senior civil servant of a Federal department to deputize for the
Minister. This deputy carries the same responsibility as a Federal Minister
(Article ۷۶).
Article ۷۴ [Vote of No Confidence]
(۱) If the House of Representatives 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.
(۲) The presence of half of the members of the House of Representatives is
required for a vote of no confidence. Voting shall be adjourned until the
next working day but one if one fifth of the members present so demands.
Another adjournment of the division can ensue only from a decision by the House
of Representatives.
(۳) Notwithstanding the power otherwise vested in the Federal President in
accordance with Article ۷۰ (۱)٫ the Federal Government or its individual
members shall in the legally specified contingencies or at their own wish be
removed from office.
Article ۷۵ [Presence of Government]
The members of the Federal Government as well as the Secretaries of State are
entitled to participate in all deliberations by the House of Representatives٫
the Senate٫ and the Federal Assembly as well as the committees of these
representative bodies٫ but only at special invitation in the deliberations by
the Standing Sub-Committee of the House of Representatives” Main Committee
and by the House of Representatives” Committees of Inquiry. On each
occasion they must٫ in accordance with the detailed provisions of the federal
law on the House of Representatives” Standing Orders and the Senate”s
Standing Orders٫ at their request be given a hearing. The House of
Representatives٫ the Senate٫ and the Federal Assembly as well as their
committees can require attendance by members of the Federal Government and
request them to initiate investigations.
Article ۷۶ [Responsibility]
(۱) Pursuant to Article ۱۴۲٫ the members of the Federal Government (Articles ۶۹
and ۷۱) are responsible to the House of Representatives.
(۲) The presence of more than half the members is required for a motion which
proffers a charrrge pursuant to Article ۱۴۲.
Article ۷۷ [Federal Ministries]
(۱) The Federal Ministries and the authorities subordinate to them shall
perform the business of the Federal administration.
(۲) The number of the Federal Ministries٫ their competence٫ and their internal
organization will be prescribed by federal law.
(۳) 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
belong to the Federal Chancellery; such Federal Ministers have٫ in respect
of the matters in question٫ the status of a competent Federal Minister.
(۴) The Federal Chancellor and other Federal Ministers can exceptionally be
entrusted with the direction of a second Federal Ministry.
Article ۷۸ [Special Ministers٫ Secretaries of State]
(۱) In special cases٫ Federal Ministers can be appointed without at the same
time being put in charrrge of a Federal Ministry.
(۲) Secretaries of State٫ 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.
(۳) A Secretary of State is subordinate to a Federal Minister and bound by his
instructions.
Title ۳ The Federal Army
Article ۷۹ [Military Defence٫ Other Functions]
(۱) The country” s military defence is the duty of the Federal Army.
(۲) The Federal Army٫ in so far as the lawful civil power claims its
co-operation٫ has furthermore:
۱. over and above the sphere of the country”s military defence
a) to protect the constitutionally established institutions as well as their
capacity to operate and the population”s democratic freedoms٫
b) to maintain order and security inside the country; and
۲. to render assistance in the case of natural catastrophes and disasters of
exceptional magnitude.
(۳) Additional tasks of the Federal Army will be prescribed by Federal
constitutional law.
(۴) 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
Paragraph (۲).
(۵) Intervention by the military on its own initiative for the purposes
mentioned in Paragraph (۲) 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 to 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.
Article ۸۰ [Command]
(۱) Commander-in-Chief of the Federal Army is the Federal President.
(۲) 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.
(۳) Supreme command over the Federal Army is exercised by the competent Federal
Minister (Article ۷۶ (۱)).
Article ۸۱ [State Participation]
Federal law prescribes to what extent the States participate in the
recruitment٫ provisioning٫ and accommodation for the Army and the supply of its
other requirements.
Title ۴ The Federal School Authorities
Article ۸۱a [Competence٫ School Boards]
(۱) The administration of the Federation in the field of schooling and in the
field of education in matters of 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 of student hostels
are concerned -–- by the school authorities of the Federation subordinate to
the competent Federal Minister. The Counties 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.
(۲) A school authority shall be established in each State and in each political
District and be known as the State school board and the District school board
respectively. In Vienna٫ the State 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 State and
District school boards shall be prescribed by federal law.
(۳) The following guiding principles shall apply to the establishment٫ to be
prescribed by law٫ of the Federal school authorities:
a) Committees shall be appointed within the framework of the Federal school
authorities structure. Committee members of the State school boards٫ with
voting rights٫ shall be appointed in proportion to party strength in the State
Parliament٫ 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 State Parliament at the last State Parliament election.
The appointment of all or some of the committee members by the State Parliament
is admissible.
b) The president of the State school board is the State-Governor٫ the chairman
of the District school board is the head of the District administrative
authority. Should the appointment of an execccutive State 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 prescribed by law٫ he is entitled to inspect
documents and to offer advice; such a vice-president shall in any case be
appointed for those five States 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.
c) The terms of reference for the committees and the presidents of the State
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.
d) In cases of urgency which do not admit of postponement until the
committee”s next meeting٫ the president shall take action in the sphere of
competence allocated to the committee as of its business and without delay
inform the committee of this.
e) 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. In these cases the president replaces the committee.
(۴) Instructions (Article ۲۰ (۱)) cannot be given on matters which fall into
the committees” sphere of competence. This does not apply to
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 Article ۱۲۹ ff.٫ the authority in receipt of the instruction
can on the basis of a committee resolution immediately make complaint to the
Administrative Court.
(۵) The competent Federal Minister can control in person or through officials
of the Federal Ministry in his charrrge the condition and performance of those
schools and student hostels which are subordinate to the Federal Ministry by
way of the State school board. Noticed shortcomings -–- in so far as
they do not concern such in the sense of Article ۱۴ (۸) -–- shall be
revealed to the State school board for the purpose of their redress.
Article ۸۱b [Proposals]
(۱) The State school board shall render three sets of proposals:
(a) for the filling of Federation vacancies for headmasterrrs or
headmistresses as well as other teachers and educational assistants at schools
and student hostels subordinate to the State school boards;
(b) for the filling of Federation vacancies for the school supervisory
officials serving with the State and District school boards as well as for the
appointment of teachers with school supervisory functions; and
(c) for the appointment of chairmen and members of the examination boards for
the teaching diploma at upper primary schools and special schools.
(۲) The proposals in accordance with Paragraph (۱) shall be rendered٫ pursuant
to Article ۶۶ (۱) or ۶۷ (۱) or by reason of other provisions٫ to the competent
Federal Minister. The selectttion of individuals from among those proposed
is incumbent on the Federal Minister.
(۳) Every State school board shall establish eligibility and disciplinary
school boards of first instance for headmasterrrs or headmistresses and other
teachers as well as educational assistants who are employees under public law
of the Federation and are employed at a school or student hostel subordinate to
the State school board. The details shall be prescribed by federal law.
Part B Jurisdiction
Article ۸۲ [Judgments]
(۱) The Federation is the source of all jurisdiction.
(۲) Judgments and decisions are pronounced and drawn up in the name of the
Republic.
Article ۸۳ [Court Organization٫ Constitutional Judge]
(۱) The constitution and competence of the courts is laid down by federal law.
(۲) No one may be deprived of his lawful judge.
Article ۸۴ [Military Tribunals]
Military jurisdiction٫ except in time of war٫ is repealed.
Article ۸۵ [Capital Punishment]
Capital punishment is abolished.
Article ۸۶ [Appointment]
(۱) 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 tribunals competent through the law on the organization of the courts.
(۲) 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.
Article ۸۷ [Independence]
(۱) Judges are independent in the exercise of their judicial office.
(۲) A judge is independent in the exercise of his judicial office٫ during the
performance of any judicial function properly his by law٫ and in 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
discharrrged by tribunals or commissions.
(۳) 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 if he is prevented from the discharrrge of his responsibilities.
Article ۸۷a [Small Business]
(۱) The performance of certain kinds of business٫ which shall be exactly
specified and fall within the jurisdiction of a civil court of first instance٫
can by federal law be assigned to specially trained employees of the Federation
who are not Judges.
(۲) The judge competent in accordance with the allocation of business can at
any time reserve to himself or take over the discharrrge of such business.
(۳) Employees of the Federation who are not judges are bound in the performance
of business specified in Paragraph (۱) only by instructions from the judge
competent in accordance with the allocation of business. Article ۲۰ (۱)
third sentence applies.
Article ۸۸ [Retirement٫ Suspension]
(۱) The law on the organization of the courts will prescribe an age limit upon
whose attainment judges will be put on the permanently retired list.
(۲) 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 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
which period judges can٫ without the formalities otherwise prescribed٫ be
transferred and superannuated.
(۳) The temporary suspension of judges from office may take place only by
decree of the senior judge or the higher judicial authority together with
simultaneous reference of the matter to the competent court.
Article ۸۹ [Judicial Review of Laws]
(۱) Save as otherwise provided by this Article٫ the courts are not entitled to
examine the validity of duly published laws٫ ordinances٫ and treaties.
(۲) 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.
(۳) 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.
(۴) Paragraphs (۲) and (۳) apply analogously to treaties as provided in Article
۱۴۰a.
(۵) Federal law shall determine what effects an application pursuant to
Paragraphs (۲)٫ (۳)٫ or (۴) has on the pending legal proceedings.
Article ۹۰ [Publicity٫ Indictment]
(۱) Hearings in civil and criminal cases are oral and public. Exceptions
are regulated by law.
(۲) In criminal proceedings the procedure is by indictment.
Article ۹۱ [Juries in Criminal Proceedings]
(۱) The people shall participate in the administration of justice.
(۲) 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 misdemeanors.
(۳) In criminal proceedings for other punishable offenses Jurors take part in
the administration of justice if the penalty to be imposed exceeds a limit to
be determined by law.
Article ۹۲ [Supreme Court]
(۱) The Supreme Court is the court of final instance in civil and criminal
suits.
(۲) Members of the Federal Government٫ a State government٫ or a popular
representative body cannot be members of the Supreme Court. For members of
a popular representative body 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 four years has exercised one of the aforesaid functions cannot be
appointed President or Vice-President of the Supreme Court.
Article ۹۳ [Pardons]
Pardons for acts punishable by the courts are extended by federal law.
Article ۹۴ [Separation of Powers]
Judicial and administrative powers shall be separate at all levels of
proceedings.
Chapter IV Legislation and execccution by the States
Part A General Provisions
Article ۹۵ [State Parliaments]
(۱) The legislation of the States is carried out by the State Parliaments.
Their members are elected on the basis of proportional representation by equal٫
direct٫ secret٫ and personal suffrage of all male and female federal nationals
who in accordance with the State Parliament electoral regulations are entitled
to vote and who have their domicile in the State concerned. The provision
of Article ۲۶ (۱) last sentence applies analogously; the reasons which are
held to excuse abstention may not be more restrictive than in the electoral
regulations for the House of Representatives.
(۲) The State Parliament electoral regulations may not impose more stringent
conditions for suffrage and electoral eligibility than the electoral
regulations for the House of Representatives.
(۳) The voters exercise their franchise in constituencies each of which must
comprise a territorial unit. The number of members shall be divided among
the constituencies in proportion to the number of nationals. A division of
the electorate into other electoral bodies is not admissible.
(۴) Public employees٫ including members of the Federal Army٫ who seek a seat in
or are elected for membership of a State Parliament shall be granted the time
necessary for canvassing or fulfilling their membership duties. Service
regulations will lay down details.
Article ۹۶ [Immunity]
(۱) The members of a State Parliament enjoy the same immunity as the members of
the House of Representatives٫ the provisions of Article ۵۷ apply analogously.
(۲) The provisions of Articles ۳۲ and ۳۳ apply to the meetings of State
Parliaments and their committees.
Article ۹۷ [State Legislation]
(۱) A State law requires a vote by a State Parliament٫ authentication and
countersignature in accordance with the provisions of the State concerned٫ and
publication by the State-Governor in the State Law Gazette.
(۲) Inasmuch as a State law foresees in its execccution 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 State-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.
Article ۹۸ [Notification٫ objectttion]
(۱) All State Parliament enactments shall٫ immediately after they have been
passed by a State Parliament٫ be notified by the State-Governor to the
competent Federal Ministry prior to their publication.
(۲) The Federal Government can within eight weeks from the day of an
enactment”s receipt at the Federal Chancellery enter a reasoned objectttion
to a State Parliament enactment as endangering 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 objectttion may
only be founded on an alleged encroachment on the Federation”s
competence. In case of an objectttion٫ the law may only be published if
the State Parliament in the presence of at least half the members once more
votes its enactment.
(۳) Publication prior to expiry of the deadline for objectttion is admissible
only if the Federal Government expressly agrees.
(۴) The provisions of the Constitutional Finance Law apply to State Parliament
enactments which deal with taxation.
Article ۹۹ [State Constitutions]
(۱) The State Constitution to be enacted by a State constitutional law can٫
inasmuch as the Federal Constitution is not affected thereby٫ be amended by
State constitutional law.
(۲) A State constitutional law can be passed only in the presence of half the
members of the State Parliament and with a two thirds majority of the votes
cast.
Article ۱۰۰ [Dissolution]
(۱) Every State Parliament can be dissolved by the Federal President at the
request of the Federal Government and with the sanction of the Senate. The
motion in the Senate must be carried in the presence of half the members and
with a two thirds majority of the votes cast. The representatives of the
State whose State Parliament is to be dissolved may not participate in the
division.
(۲) In case of dissolution٫ writs for new elections shall be issued within
three weeks in accordance with the provisions of the State constitution; the
convocation of the newly elected State Parliament must take place within four
weeks after the election.
Article ۱۰۱ [State Government]
(۱) The execccutive power in each State is exercised by a State Government to
be elected by the State Parliament.
(۲) The members of a State Government need not belong to the State
Parliament. Nevertheless٫ only persons eligible for the State Parliament
can be elected to membership of the State Government.
(۳) The State Government consists of the State-Governor٫ the requisite number
of deputies٫ and other members.
(۴) Before assumption of office٫ the State-Governor renders to the Federal
President٫ the other members of the State Government render to the
State-Governor٫ an affirmation with respect to the Federal Constitution.
The addition of a religious assertion is admissible.
Article ۱۰۲ [State-Governor]
(۱) In the sphere of the States٫ in so far as no direct federal administration
exists٫ the State-Governor and the State authorities subordinate to him
exercise the execccutive power of the Federation. In so far as federal
authorities٫ especially Federal public safety authorities٫ are entrusted with
the execccution of matters which are performed as indirect Federal
administration٫ these federal authorities are subordinate to the State-Governor
and bound by his instructions (Article ۲۰ (۱)); whether and to what extent
such federal authorities are entrusted with execccutive acts is regulated by
federal laws; these may٫ in so far as they do not concern the mandate stated
in Paragraph (۲)٫ only be published with the sanction of the States concerned.
(۲) The following matters can٫ within the framework of the constitutionally
established sphere of competence٫ be directly performed by the 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٫
– Federal finances monopolies٫ the weights and measures٫ standards and hallmark
system٫ technical experiments٫
– administration of justice٫ passports٫ residence registration٫
– matters of weapons٫ ammunition and explosives as well as the use of
fire-arms٫
– patent matters and the protection of designs٫ trade marks٫ and other
commodity descriptttions٫
– 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٫ labor legislation٫ social insurance٫ the preservation of
monuments٫
– operation and conduct of the Federal police and the Federal gendarmerie٫
including the exceptional circumstances where on the day of entry into force of
this Federal Constitutional Law the local sphere of competence for a Federal
public safety authority does not coincide with the territory of a Federal
State٫
– the maintenance of peace٫ order and security٫ excluding the local public
safety authorities٫
– Press affairs٫ matters of association and assembly٫ and the aliens police٫
– military affairs٫ welfare measures for combatants and their dependents٫
– 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 of pupil and student hostels with the
exception of agricultural and forestry education in matters of student hostels.
(۳) The Federation remains entitled to delegate to the State-Governor its
execccutive power also in the matters enumerated in Paragraph (۲).
(۴) The establishment of federal authorities for matters other than those
specified in Paragraph (۲) above can ensue only with the sanction of the States
concerned.
(۵) No other regional authority may set up and maintain a constabulary in the
local sphere of competence of a Federal public safety administration to which a
Federal police force is attached. The dissolution of constabularies whose
establishment or continuance is contrary to this provision falls under the
execccutive power of the Federation.
(۶) The establishment of Federal public safety authorities٫ the definition of
their local sphere of competence and of their substantive sphere of competence
in administrative fields which in accordance with Article ۱۰ provide for
execccution by Federal public safety authorities٫ as well as the issue of a
special service code for their officials ensue on Federal Government
ordinance. In so far as such an authority is to be assigned the performance
of matters which fall into the autonomous sphere of execccution by a State٫
the ordinance can be issued only if the assignment of such business to the
Federal public safety authority has been enunciated in a law of the State in
question.
(۷) Should in particular Counties the need arise to take special measures
because of danger to public peace and order٫ the competent Federal Minister can
for the duration of the danger entrust special Federal officials with these
measures.
Article ۱۰۳ [Instructions]
(۱) In matters of the indirect Federal administration the State-Governor is
bound by instructions from the Federal Government and individual Federal
Ministers (Article ۲۰) and he is obliged٫ in order to effect the implementation
of such instructions٫ to employ the powers available to him in his capacity as
a functionary of the State”s autonomous sphere of competence.
(۲) A State Government٫ when it draws up its Standing Orders٫ can decide that
specific categories of business of the indirect Federal administration shall be
conducted by members of the State Government in the name of the State-Governor
because of their substantive relationship with matters of the State”s
autonomous sphere of competence. In such business the members concerned of
the State Government are as much bound by the instructions of the
State-Governor (Article ۲۰) as is the latter by the instructions of the Federal
Government or individual Federal Ministers.
(۳) Instructions issued by the Federal Government or individual Federal
Ministers in accordance with Paragraph (۱) shall also in instances falling
under Paragraph (۲) be addressed to the State-Governor. The latter٫ should
he not himself be conducting the relevant business of the indirect Federal
administration٫ is responsible (Article ۱۴۲ (۲)(d)) for passing the instruction
in writing without delay and unaltered to the State Government member concerned
and for supervising its implementation. If the instruction is not complied
with although the State-Governor has made the necessary arrangements٫ the State
Government member concerned is٫ pursuant to Article ۱۴۲٫ responsible to the
Federal Government as well.
(۴) In matters of indirect Federal administration٫ in so far as it is the
State-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 State-Governor is the final instance of appeal; if
the decision rests in the first instance with the State-Governor٫ the stages of
administrative appeal in matters of the indirect Federal administration extend٫
unless provided otherwise by federal law٫ to the competent Federal Minister.
Article ۱۰۴ [Assignment]
(۱) The provisions of Article ۱۰۲ shall not apply to agencies for the
performance of Federal business specified in Article ۱۷.
(۲) Nonetheless٫ the Federal Minister entrusted with the administration of
Federal assets can assign the performance of such business to a State-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.
Article ۱۰۵ [Representation٫ Deputy State-Governor٫ Responsibility]
(۱) The State-Governor represents the State. In matters of the indirect
Federal administration٫ he is٫ pursuant to Article ۱۴۲٫ responsible to the
Federal Government. The State-Governor has a member of the State Government
as Deputy State-Governor selecttted by the State Government to substitute
him. This appointment shall be notified to the Federal Chancellor.
Should the need for substitution occur٫ the member of the State Government
appointed as substitute is٫ pursuant to Article ۱۴۲٫ likewise responsible to
the Federal Government in matters of the indirect Federal administration.
Immunity does not bar responsibility on the part of the State-Governor or the
member of the State Government٫ who acts for him. Immunity also does not
bar responsibility on the part of a member of the State Government in a case
arising under Article ۱۰۳ (۳).
(۲) The members of the State Government are responsible to the State Parliament
pursuant to Article ۱۴۲.
(۳) A vote to prefer a charrrge within the meaning of Article ۱۴۲ requires the
presence of half the members.
Article ۱۰۶ [State Administrative Director]
An administrative civil servant with legal training will be appointed to take
charrrge as State Administrative Director of the State Government Office”s
internal services. He is also the official assistant of the State-Governor
in matters of the indirect Federal administration.
Article ۱۰۷ {…}
Part B The Federal Capital٫ Vienna
Article ۱۰۸ [Institutions٫ Offices]
For the Federal capital٫ Vienna٫ in its capacity as a State٫ the County
Parliament has the additional function of a State Parliament٫ the Town Senate
the function of a State Government٫ the Mayor the function of the
State-Governor٫ the Magistrate the function of the State Government Office٫ and
the Magistrate Director the function of the State Administrative Director.
Article ۱۰۹ [Appeal]
In the State Vienna the chain of appeal in matters of the indirect Federal
administration٫ unless precluded by federal law٫ is from the Magistrate acting
as District administrative authority or٫ in so far as federal authorities are
in the first instance entrusted with their execccution (Article ۱۰۲ (۱) second
sentence)٫ from them to the Mayor in his capacity as State-Governor; in
other respects Article ۱۰۳ (۴) applies.
Article ۱۱۰ [Administrative Tribunal]
The administrative tribunal to be constituted pursuant to Article ۱۱ (۵) at the
Magistrate of the Federal capital٫ Vienna٫ in its capacity as the State
Government Office٫ for the delivery of judgments as authority of last resort in
administrative penal business within the State”s autonomous sphere of
competence shall at the same time also undertake the delivery of judgments as
authority of last resort in administrative penal business of the indirect
Federal administration; in these cases the Mayor٫ in his capacity as
State-Governor٫ is competent to exercise the right of clemency on the ground of
recommendations by the administrative penal tribunals.
Article ۱۱۱ [Special Committees]
The final decision in matters of building and taxation lies with special
committees of officials. Their composition and appointment will be
prescribed by State law.
Article ۱۱۲
Except for the provisions in Articles ۱۰۸ to ۱۱۱٫ the provisions in Part C of
this Chapter apply to the Federal capital٫ Vienna٫ with the exception of
Article ۱۱۹ (۴)٫ ۱۱۹a. Article ۱۴۲ (۲)(d) also applies to the conduct of
the sphere of competence assigned by the Federation to the Federal capital٫
Vienna.
Article ۱۱۳ {…}
Article ۱۱۴ {…}
Part C Counties
Article ۱۱۵ [Local Counties٫ Competence]
(۱) In so far as in the following Articles the term County is used٫ the
reference is to be taken as meaning Local County.
(۲) Save as competence on the part of the Federation is expressly stipulated٫
State legislation shall prescribe laws of Counties in accordance with the
principles of the Articles contained in this Part. Competence for the
settlement of matters which٫ pursuant to Articles ۱۱۸ and ۱۱۹٫ are to be
performed by the Counties٫ will be determined in accordance with the general
provisions of this Federal Constitutional Law.
Article ۱۱۶ [Self-Administration]
(۱) Every State is divided into Counties. The County is a territorial
corporate body entitled to self-administration while being at the same time an
administrative local district. Every piece of State must form part of a
County.
(۲) The County is an independent economic entity. It is entitled٫ within
the limits of the laws of the Federation and the States٫ 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.
(۳) A County with at least ۲۰٫۰۰۰ inhabitants shall٫ at its own request٫ if
State interests are not thereby jeopardized٫ be awarded its own charrrter by
way of State legislation. 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 State-Governor that the
approval is refused. A town with its own charrrter shall perform besides
its local administrative duties also those of the District administration.
(۴) The formation of County Associations for specific purposes can be planned
on the basis of the competent legislation (Articles ۱۰ to ۱۵). In so far as
such County Associations are to undertake matters within the County”s own
sphere of competence٫ the members of the County Association shall be accorded
decisive influence upon the performance of the association”s functions.
The Counties concerned shall be given a hearing prior to the formation of
County Associations by way of an execccutive measure.
Article ۱۱۷ [Authorities٫ Elections]
(۱) The authorities of the County shall in every instance include:
a) the County Parliament٫ being a popular representative body to be elected by
those entitled to vote in the County
b) the County Board٫ also known as the Town Council or٫ in towns with their own
charrrter٫ the Town Senate٫ and
c) the Mayor.
(۲) Elections to the County Parliament take place on the basis of proportional
representation by equal٫ direct٫ secret٫ and personal suffrage of all Federal
nationals who have their domicile in the County. In the electoral
regulations the conditions for suffrage and electoral eligibility may not be
more restrictive than in the electoral regulations for the State
Parliament. It can be provided٫ however٫ that individuals who have not yet
been residents in the County for at least one year shall not be entitled to
vote or to stand for election to the County Parliament if their residence in
the County is manifestly temporary. The provisions about compulsory voting
in the elections to the State Parliament (Article ۹۵ (۱) last sentence) apply
analogously to elections to the County Parliament. The electoral
regulations can provide that the voters exercise their suffrage in
constituencies each of which must comprise a territorial unit. A division
of the electorate into other electoral bodies is not admissible.
(۳) A simple majority by members present in sufficient numbers to form a quorum
is requisite to a vote by the County Parliament; for certain matters٫
though٫ other requirements for the adoption of resolutions can be provided.
(۴) Meetings of the County Parliament are public٫ but provision can be made for
exceptions. The public may not be excluded when the County Budget or the
County”s final accounts are on the agenda.
(۵) Electoral parties represented in the County Parliament have a claim to
representation on the County Board in accordance with their strength.
(۶) The business of the Counties will be performed by the County Administration
or Town Administration٫ that of towns with their own charrrter by the
Magistrate. A civil servant with legal training shall be appointed to take
charrrge as Magistrate Director of the Magistrate”s internal services.
Article ۱۱۸ [Competencies]
(۱) A County has its own sphere of competence and one assigned to it either by
the Federation or the State.
(۲) Its own sphere of competence comprises٫ apart from the matters mentioned in
Article ۱۱۶ (۲)٫ all matters exclusively or preponderantly concerning the local
community as personified by a County٫ and suited to performance by the
community within its local boundaries. Legislation shall expressly specify
matters of that kind as being such falling within the County”s own sphere of
competence.
(۳) A County is guaranteed official responsibility in its own sphere of
competence particularly for performance of the following matters:
۱. appointment of the local authorities٫ notwithstanding the competence of
selectttion boards at a higher level; settlement of the internal
arrangements for performance of the County functions;
۲. appointment of the County staff and exercise of the official responsibility
over them٫ notwithstanding the competence of disciplinary٫ eligibility٫ and
investigatory commissions at a higher level;
۳. local public safety administration (Article ۱۵ (۲))٫ local events control;
۴. administration of County traffic areas٫ local traffic police;
۵. crops protection police;
۶. local market police;
۷. local sanitary police٫ especially in the field of emergency and first aid
services as well as matters of deaths and interment;
۸. public decency;
۹. local building police excluding federally owned buildings which serve public
purposes (Article ۱۵ (۵)); local fire control; local environment
planning;
۱۰. public services for extra-judicial settlement of disputes; and
۱۱. debtors” sale of goods.
(۴) The County shall perform the business for which it is competent within the
framework of the laws and ordinances of the Federation and the State on its own
responsibility free from instructions and -–- subject to the provisos of
Article ۱۱۹a (۵) -–- to the exclusion of legal redress to administrative
authorities outside the County. A right of supervision (Article ۱۱۹a)
pertains to the Federation and to the State over the County with respect to its
performance in its own sphere of competence. The provisions of Article ۱۲
(۲) remain unaffected.
(۵) The Mayor٫ the members of the County Board٫ and٫ if appointed٫ other County
officials are responsible to the County Parliament for the performance of their
functions relating to the County”s own sphere of competence.
(۶) The County is entitled in matters of its own sphere of competence to issue
on its own initiative local police ordinances for the prevention or elimination
of nuisances interfering with local community 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 State.
(۷) On application by a County٫ the performance of certain matters in its own
sphere of competence can٫ in accordance with Article ۱۱۹a (۳)٫ be assigned by
ordinance of the State Government or by ordinance of the State-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 State-Governor is meant
to assign competence to a State authority٫ it requires the approval of the
State 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 Paragraph (۶).
Article ۱۱۹ [Assignment]
(۱) The assigned sphere of competence comprises those matters which the County٫
in accordance with federal laws٫ must undertake at the order and in accordance
with the instructions of the Federation or in accordance with State laws at the
order and in accordance with instructions of the State.
(۲) The business of the assigned sphere of competence is performed by the
Mayor. In doing so٫ he is in matters of Federal execccution bound by
instructions from the competent Federal authorities٫ in matters of State
execccution by instructions from the competent State authorities٫ he is
responsible in accordance with Paragraph (۴).
(۳) The Mayor can٫ without deviation from his responsibility٫ on account of
their factual connection with matters of the County”s own sphere of
competence transfer individual categories of matters of the assigned sphere of
competence to members of the County Board other authorities createeed in
accordance with Article ۱۱۷ (۱)٫ 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
Paragraph (۴).
(۴) In so far as malice or gross negligence can be laid to their charrrge٫ the
authorities named in Paragraphs (۲) and (۳) 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 State-Governor if they were
acting in the field of Federal execccution٫ by the State Government if they
were acting in the field of State execccution. Should such a person belong
to the County Parliament٫ the membership is not affected.
Article ۱۱۹a [Supervision]
(۱) The Federation and the State exercise the right of supervision over a
County 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.
(۲) The State has the right to examine the financial administration of a County
with respect to its thrift٫ efficiency٫ and expediency. The result of the
examination shall be conveyed to the Mayor for submission to the County
Parliament. The Mayor shall within three months inform the supervisory
authority of the measures taken by reason of the result of the check.
(۳) In so far as a County”s own sphere of competence comprises matters
deriving from the sphere of Federal execccution٫ the right of supervision and
its legislative regulation lie with the Federation٫ in other respects with the
States٫ the right of supervision shall be exercised by the authorities of the
ordinary public administration.
(۴) The supervisory authority is entitled to inform itself about every kind of
County business. The County is bound to give the information demanded in
individual cases by the supervisory authority and to allow examination to be
conducted on the spot.
(۵) Whoever alleges infringement of his rights through the ruling of a local
authority in matters belonging to its own sphere of competence can٫ after
exhausting all channels of appeal (Article ۱۱۸ (۴))٫ within two weeks after
issuing of the ruling make representations against it to the supervisory
authority. The latter shall rescind the ruling if the right of the
intervener has been infringed and remand the matter to the County. For
towns with their own charrrter٫ the competent legislature (Paragraph (۳)) can
direct that representation to the supervisory authority.
(۶) The County 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 County٫ rescind ordinances which are
contrary to law and advise the County of the reasons.
(۷) In so far as the competent legislature (Paragraph (۳)) contemplates the
dissolution of the County Parliament as a supervisory expedient٫ this measure
rests with the State Government in exercise of the State”s right of
supervision٫ with the State-Governor in exercise of the Federation”s right
of supervision. The admissibility of effecting a substitution shall be
restricted to cases of absolute necessity. Supervisory expedients shall be
applied with greatest possible consideration for third parties” acquired
rights.
(۸) Individual measures to be taken by a County in its own sphere of
competence٫ but which to a certain degree affect extra-local interests
particularly such havinggg a distinct financial bearing٫ can be tied by the
competent legislature (Paragraph (۳)) 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.
(۹) The County has the status of a party to supervisory authority proceedings;
it is entitled to lodge complaints with the Administrative Court (Articles
۱۳۱ and ۱۳۲) and with the Constitutional Court (Article ۱۴۴) against the
supervisory authority.
(۱۰) This Article applies analogously to supervision of County Associations in
so far as these perform matters pertaining to a County”s own sphere of
competence (Article ۱۱۶ (۴)).
Article ۱۲۰ [Local and Regional Counties]
The combination of Local Counties into Regional Counties٫ 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
States is the business of Federal constitutional legislation; its
implementation devolves upon the State legislatures. Settlement of the
competence in matters pertaining to the service code for and staff
representation rights of the employees of Regional Counties is the business of
Federal constitutional legislation.
Chapter V Control of Public Accounts and Administration of Public Funds
Article ۱۲۱ [Auditing Board]
(۱) The Auditing Board is competent to examine the administration of public
funds by Federation٫ States٫ County Associations٫ Counties and other legal
entities determined by law.
(۲) The Auditing Board draws up the final Federal budget accounts and submits
them to the House of Representatives. The contents of the final Federal
budget accounts may not be published before the beginning of the debate thereon
in the House of Representatives.
(۳) All vouchers about financial debts of the Federation٫ in so far as they
result in liability on the part of the Federation٫ shall be countersigned by
the President of the Auditing Board or٫ should he be impeded٫ by his
deputy. The countersignature guarantees only the legality of the debt
incurred and its proper entry in the National Debt ledger.
Article ۱۲۲ [Responsibility٫ Independence٫ Establishment]
(۱) The Auditing Board is directly subordinate to the House of
Representatives. It acts in matters pertaining to Federal administration of
public funds as agent for the House of Representatives٫ in matters pertaining
to States٫ County Associations٫ and local administration of public funds as
agent for the State Parliament concerned.
(۲) The Auditing Board is independent of the Federal Government and the State
Governments and subject only to the provisions of the law.
(۳) The Auditing Board consists of a President٫ a Vice-President٫ and the
requisite officials and auxiliary personnel.
(۴) The President and Vice-President of the Auditing Board are elected on the
proposal of the Main Committee of the House of Representatives. Before
their assumption of office they render an affirmation to the Federal President.
(۵) The President and the Vice-President of the Auditing Board may neither
belong to any popular representative body nor may they٫ during the past four
years٫ have held office in the Federal Government.
Article ۱۲۳ [President of the Board]
(۱) With regard to accountability٫ the President of the Auditing Board has the
same status as members of the Federal Government or members of the State
Government concerned٫ depending on whether the Auditing Board acts as agent of
the House of Representatives or a State Parliament.
(۲) The President and/or the Vice-President of the Auditing Board can be
relieved of office by a vote of the House of Representatives.
Article ۱۲۳a [Pariticipation in Debates]
(۱) The President and the Vice-President of the Auditing Board are entitled to
participate in the debates by the House of Representatives and its committees
(sub-committees) on reports by the Auditing Board٫ on the final Federal budget
accounts٫ and on the sections relating to the Auditing Board in the Federal
Finance bill.
(۲) The President of the Auditing Board has٫ in accordance with the detailed
provisions of the Federal law on the House of Representatives” Standing
Orders٫ always the right to be heard at his own request in the debates on the
subjects listed in Paragraph (۱).
Article ۱۲۴ [Temporary Discharrrge]
(۱) Should the President of the Auditing Board be prevented from the
discharrrge of his responsibilities٫ the Vice-President will act for him٫ and
if the Vice-President too is impeded٫ the senior official of the Auditing Board
will deputize. This also holds good if the office of President is
vacant. Who shall act in the House of Representatives as deputy for the
President of the Auditing Board is settled by the Federal law on the House of
Representatives” Standing Orders.
(۲) If someone deputizes for the President٫ the provisions of Article ۱۲۳ (۱)
apply to the deputy.
Article ۱۲۵ [Appointment]
(۱) The officials of the Auditing Board are appointed by the Federal President
upon the recommendation and with the countersignature of the President of the
Auditing Board; the same applies to granting official titles. The
Federal President may٫ however٫ authorize the President of the Auditing Board
to appoint officials of certain categories.
(۲) The President of the Auditing Board appoints the auxiliary personnel.
Article ۱۲۶ [Incompatibilities]
No member of the Auditing Board may be a participant in the management and
administration of enterprises subject to control by the Auditing Board.
Just as little may a member of the Auditing Board participate in the management
and administration of any other enterprises operating for profit.
Article ۱۲۶a [Ruling About Competence]
Should divergences of opinion arise between the Auditing Board and the Federal
Government or a Federal Minister or a State Government on interpretation of the
legal provisions which prescribe the competence of the Auditing Board٫ the
Constitutional Court٫ upon request by the Federal or State Government or the
Auditing Board٫ decides the issue in closed proceedings. The Procedure will be
prescribed by Federal law.
Article ۱۲۶b [Scope of Examination]
(۱) The Auditing Board shall examine the entire management٫ of the Federation
and٫ furthermore٫ the financial administration of endowments٫ funds٫ and
institutions administered by Federal authorities or persons or groups of
persons appointed for this purpose by authorities of the Federation.
(۲) The Auditing Board also examines the financial administration of
enterprises where the Federation is either the sole participant or holds at
least fifty percent of the share capital together with other legal entities
falling within the competence of the Auditing Board or where the Federation is
either their sole or joint operator with other such legal entities. Such a
financial participation shall be deemed equivalent to the control of
enterprises by other financial٫ economic٫ or organizational measures.
Moreover٫ the competence of the Auditing Board extends to enterprises of any
additional category where the conditions pursuant to this paragraph exist.
(۳) The Auditing Board is competent to examine the financial administration of
corporations under public law using Federal funds.
(۴) The Auditing Board shall٫ on a vote by the House of Representatives or at
the request of House of Representatives 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 House of Representatives” Standing Orders. The Auditing Board
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.
(۵) Examination by the Auditing Board shall extend to arithmetical correctness٫
compliance with existing regulations٫ and the employment of thrift٫ efficiency
and expediency.
Article ۱۲۶c [Financial Examination]
The Auditing Board is competent to examine the financial administration of the
social insurance institutions.
Article ۱۲۶d [Annual Report]
(۱) The Auditing Board annually renders the House of Representatives٫ not later
than ۱۵ October٫ in any year a report on its activities. The Auditing Board
can also٫ at any time٫ report to the House of Representatives its observations
on individual matters and٫ if necessary٫ make proposals. The Auditing Board
must simultaneously with its submission to the House of Representatives inform
the Federal Chancellor of every report. The annual report of the Auditing
Board on its activities shall be published; a publication of the contents
may not٫ however٫ ensue before the beginning of the House of Representatives
deliberation.
(۲) A Standing Committee shall be appointed by the House of Representatives to
discuss the reports of the Auditing Board. Its appointment shall maintain
the principle of proportional representation.
Article ۱۲۷ [State Examination]
(۱) The Auditing Board shall examine the financial administration of the States
in their autonomous sphere of competence as well as the financial
administration of endowments٫ funds٫ and institutions administered by the
authorities of a State or persons of groups of persons appointed for the
purpose by authorities of the State. 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.
(۲) The State Governments shall annually transmit to the Auditing Board the
budget estimates and the final budget accounts.
(۳) The Auditing Board also examines the financial administration of
enterprises where the State is either the sole participant or holds at least
fifty per cent of the share capital together with other legal entities falling
within the competence of the Auditing Board or where the State is either their
sole or joint operator with other such legal entities. As regards the
concept of financial participation٫ Article ۱۲۶b (۲) applies analogously.
The competence of the Auditing Board also extends to enterprises of any
additional category where the conditions pursuant to this paragraph exist.
(۴) The Auditing Board is competent to examine the financial administration of
corporations under public law using State funds.
(۵) The Auditing Board shall inform the State Government of the result of its
examination for submission to the State Parliament and for the delivery٫ if
need be٫ of comment which must be made within three weeks. The State
Government shall٫ within three months٫ advise the Auditing Board of the
measures taken by reason of the result of the examination.
(۶) The Auditing Board shall also notify the Federal Government of the report
rendered to the State Parliament together with any possible comment by the
State Government.
(۷) The Auditing Board shall٫ at the substantiated request of a State
Government٫ carry out special measures of examination into financial
administration which fall into its sphere of competence and report the result
to the applicant authority.
(۸) The provisions of this Article also hold good for the examination into the
financial administration of the City of Vienna٫ the County Parliament taking
the place of the State Parliament٫ and the Town Senate taking the place of the
State Government.
Article ۱۲۷a [County Examination]
(۱) The Auditing Board shall examine the financial administration of Counties
with at least ۲۰٫۰۰۰ inhabitants as well as the financial administration of
endowments٫ funds٫ and institutions administered by the authorities of a County
or persons or groups of persons appointed for the purpose by the authorities of
a County. The examination shall extend to the arithmetical correctness٫
compliance with existing regulations٫ and the employment of thrift٫ efficiency٫
and expediency in the financial administration.
(۲) The Mayor shall annually transmit to the Auditing Board and simultaneously
to the State Government the budget estimates and the final budget accounts.
(۳) The calculation shall also examine the financial administration of
enterprises where a County with at least ۲۰٫۰۰۰ inhabitants is either the sole
participant or holds at least fifty per cent of the share capital together with
other legal entities falling within the competence of the Auditing Board or
where the County is either their sole or joint operator with other such legal
entities. As regards the concept of financial participation٫ Article ۱۲۶b
(۲) applies analogously. The competence of the Auditing Board also extends
to enterprises of any additional category where the conditions pursuant to this
paragraph exist.
(۴) The Auditing Board is competent to examine the financial administration of
corporations under public law using funds of a County with at least ۲۰٫۰۰۰
inhabitants.
(۵) The Auditing Board shall inform the Mayor of the result of its examination
for submission to the County Parliament and for the delivery of possible
comment which must be made within three weeks. Upon the expiry of this
deadline٫ the Auditing Board transmits the result of the examination together
with the possibly accompanying comment to the State Government which informs
the State Parliament of the submission. The Mayor shall٫ within three
months٫ advise the Auditing Board of the measures taken by reason of the result
of the examination.
(۶) The Auditing Board shall also inform the Federal Government of the result
of its examination of the financial administration.
(۷) The Auditing Board shall also٫ at the substantiated request of the
competent State Government٫ examine in individual cases the financial
administration of Counties with less than ۲۰٫۰۰۰ inhabitants and inform the
State Government of the result of this examination. Paragraphs (۱) and (۳)
apply analogously.
(۸) The provisions applying for the examination of the financial administration
of Counties with at least ۲۰٫۰۰۰ inhabitants shall apply analogously to the
examination of the financial administration of County Associations.
Article ۱۲۸ [Auditing Law]
The more detailed provisions about the establishment and activity of the
Auditing Board will be laid down by Federal law.
Chapter VI Constitutional and Administrative Guarantees
Part A The Administrative Court
Article ۱۲۹ [Jurisdiction]
The authority competent to secure the legality of all acts of public
administration is the Administrative Court at Vienna.
Article ۱۳۰ [Cases of Illegality]
(۱) The Administrative Court pronounces on complaints which allege:
a) illegality of rulings by administrative authorities;
b) illegality in the exercise of direct administrative power and compulsion
against a particular person; or
c) breach of administrative authorities” duty to take a decision.
The Administrative Court also decides complaints against instructions received
pursuant to Article ۸۱a (۴).
(۲) 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.
Article ۱۳۱ [Standing]
(۱) Complaint about illegality can be brought against the ruling of an
administrative authority by:
۱) anyone who٫ after exhausting all appellate stages٫ alleges that the ruling
infringes their rights;
۲) the competent Federal Minister in matters pertaining to Articles ۱۱٫ ۱۲٫ ۱۴
(۲) and (۳) and ۱۴a (۳) and (۴) as well as in those matters where the ruling of
a State 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; and
۳) the competent State government against rulings by the Federal Minister
competent in matters pertaining to the first sentence in Article ۱۵ (۵).
(۲) The Federal or State laws relating to the individual fields of
administration regulate under what conditions complaints about illegality are
admissible against administrative authorities” rulings in cases other than
those stated in Paragraph (۱).
Article ۱۳۱a [Infringement of Personal Rights]
A party subject to the exercise of direct administrative power and compulsion
can lay complaint against the alleged infringement of personal rights by the
measure concerned.
Article ۱۳۲ [Complaint About Non-Activity]
Complaint for breach of the duty to take a decision can be brought by the party
who in administrative proceedings was entitled to claim fulfillment of that
duty of decision.
Article ۱۳۳ [Excluded Matters]
The following matters art excluded from the jurisdiction of the Administrative
Court:
۱) matters pertaining to the jurisdiction of the Constitutional Court;
۲) {…};
۳) patent matters;
۴) matters where the final decision rests with a tribunal if٫ in accordance
with the Federal or State 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 of
alteration٫ and complaint to the Administrative Court٫ notwithstanding the
fulfillment of these conditions٫ is not expressly declared admissible.
Article ۱۳۴ [Establishment]
(۱) The Administrative Court consists of a President٫ a Vice-President٫ and the
requisite number of other members (tribunal presidents and Court councilors).
(۲) 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 concerned٫ on
the basis of a recommendation listing three candidates for each vacancy
submitted by the Administrative Court in plenary session.
(۳) 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 States٫ whenever possible from the States” administrative service.
(۴) Members of the Federal Government٫ a State Government٫ or a popular
representative body cannot be members of the Administrative Court; for
members of a popular representative body 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.
(۵) Anyone who during the preceding four years has exercised one of the
functions specified in Paragraph (۴) cannot be appointed President or
Vice-President of the Administrative Court.
(۶) All members of the Administrative Court are professionally employed
judges. The provisions of Articles ۸۷ (۱) and (۲) and ۸۸ (۲) apply to
them. Members of the Administrative Court are٫ by operation of law٫ put on
the permanently retired list on ۳۱ Dec of the year in which they attain their
sixty fifth birthday.
Article ۱۳۵ [Tribunals]
(۱) The Administrative Court pronounces judgment through tribunals which shall
be constituted by the plenary assembly from members of the Administrative
Court.
(۲) Business shall٫ for the period provided by Federal law٫ be allocated by the
plenary assembly in advance among the tribunals.
(۳) 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
discharrrge of his responsibilities.
(۴) Article ۸۹ applies analogously to the Administrative Court.
Article ۱۳۶ [Standing Orders]
Detailed provisions about establishment٫ scope٫ and procedure of the
Administrative Court will be prescribed in a special Federal law and Standing
Orders be passed on the basis of this by the plenary assembly.
Part B The Constitutional Court
Article ۱۳۷ [Pecuniary Claims]
The Constitutional Court pronounces on pecuniary claims of the Federation٫ the
States٫ the Districts٫ the Counties and County Associations which cannot be
settled by ordinary legal process nor be liquidated by the ruling of an
administrative authority.
Article ۱۳۸ [Conflicts of Competence]
(۱) The Constitutional Court also pronounces on conflicts of competence:
a) between courts and administrative authorities;
b) between the Administrative Court and all other courts٫ in particular between
the Administrative Court and the Constitutional Court itself٫ as well as
between the ordinary courts and other courts;
c) between the States as well as between a State and the Federation.
(۲) The Constitutional Court furthermore determines at the application of the
Federal Government٫ or a State Government whether an act of legislation or
execccution falls into the competence of the Federation or the States.
Article ۱۳۸a [Competence Agreements]
(۱) The Constitutional Court establishes on application by the Federal
Government or a State Government concerned whether an agreement within the
meaning of Article ۱۵a (۱) 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.
(۲) If it is stipulated in an agreement within the meaning of Article ۱۵a (۲)٫
the Court also establishes on application by a State 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.
Article ۱۳۹ [Ordinances]
(۱) The Constitutional Court pronounces on application by a court whether
ordinances issued by a Federal or State authority 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 State authority are contrary to law٫ and
likewise on application by the County concerned whether ordinances issued by a
County supervisory authority in accordance with Article ۱۱۹a (۶) are contrary
to law. It also pronounces 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;
Article ۸ (۳) applies analogously to such applications.
(۲) If the litigant in a suit lodged with the Constitutional Court٫ entailing
application of an ordinance by the Administrative Court٫ receives satisfaction٫
the proceedings initiated to examine the ordinance”s legality shall
nevertheless continue.
(۳) The Constitutional Court may rescind an ordinance as contrary to law only
to the extent that its rescission was expressly submitted or the Court would
have had to apply it in the pending suit. If the Court reaches the
conclusion that the whole ordinance
a) has no foundation in law;
b) was issued by an authority without competence in the matter; or
c) was published in a manner contrary to law٫
it shall rescind the whole ordinance as illegal. This does not apply 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 Paragraph (۱) or whose suit has been the occasion for the
initiation of ex officio examination proceedings into the ordinance.
(۴) 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 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. Paragraph
(۳) applies analogously.
(۵) The judgment by the Constitutional Court which rescinds an ordinance as
contrary to law imposes on the highest competent authority in the Federation or
State the obligation to publish the rescission without delay. This applies
analogously in the case of a pronouncement pursuant to Paragraph (۴) above.
The rescission enters into force on the day of publication if the Court does
not set a deadline٫ which may not exceed six months or٫ if legal dispositions
are necessary٫ a year٫ for the rescission.
(۶) If an ordinance has been rescinded on the score of illegality or if the
Constitutional Court has pursuant to Paragraph (۴) 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 Paragraph (۵)٫ the
ordinance shall apply to all the circumstances effected٫ the case in point
excepted٫ till the expiry of this deadline.
Article ۱۳۹a [Legal Norms]
The Constitutional Court pronounces on application by a court whether in the
re-publication of a legal norm the limits of the authority conferred were
transcended; ex officio٫ in so far as the re-publication of the legal norm
constitutes the prerequisite to a judgment by the Court itself; also on
application by a State Government٫ in the case of legal norms re-published by
the Federation. Likewise on application by the Federal Government in the
case of legal norms republished by a State. It pronounces furthermore
whether in the re-publication of a legal norm the limits of the authority
conferred were transcended when an application alleges direct infringement of
personal rights in so far as the republished legal norm has become operative
against the applicant without the delivery of a judicial decision or the issue
of a ruling. Article ۵۹ (۲)٫ (۳) and (۵) as well as Article ۱۳۹ (۲) to (۶)
apply analogously.
Article ۱۴۰ [Laws]
(۱) The Constitutional Court pronounces on application by the Administrative
Court٫ the Supreme Court٫ or a competent appellate court whether a Federal or
State 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 also on application by
the Federal Government whether State laws are unconstitutional and likewise on
application by a State Government or by one third of the House of
Representatives” members whether Federal laws are unconstitutional. A
State constitutional law can provide that such a right of application as
regards the unconstitutionality of State laws lies with one third of the State
Parliament”s members. The Court also pronounces 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. Article ۸۹ (۳) applies analogously to such applications.
(۲) 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.
(۳) The Constitutional Court may rescind a law as unconstitutional only to the
extent that its rescission was expressly submitted 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 apply 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 Paragraph (۱) or whose
suit has been the occasion for the initiation of ex officio examination
proceedings into the law.
(۴) 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 or an applicant alleging direct
infringement of personal rights through the law”s unconstitutionality٫ the
Court must pronounce whether the law was unconstitutional. Paragraph (۳)
applies analogously.
(۵) The judgment by the Constitutional Court which rescinds a law as
unconstitutional imposes on the Federal Chancellor or the competent
State-Governor the obligation to publish the rescission without delay. This
applies analogously in the case of a pronouncement pursuant to Paragraph (۴).
The rescission enters into force on the day of publication if the Court does
not set a deadline for the rescission. This deadline may not exceed one
year.
(۶) 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.
(۷) If a law has been rescinded on the score of unconstitutionality or if the
Constitutional Court has٫ pursuant to Paragraph (۴)٫ pronounced a law
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 Paragraph (۵)٫ the
law shall apply to all the circumstances effected٫ the case in point excepted٫
till the expiry of this deadline.
Article ۱۴۰a [Treaties]
(۱) Article ۱۴۰ shall apply to treaties concluded pursuant to Article ۵۰ with
the sanction of the House of Representatives and correspondingly Article ۱۳۹ to
all other treaties with the provision that the authorities competent for their
execccution shall٫ from 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 exceed two years in the case of treaties
specified in Article ۵۰ and one year in the case of all others.
(۲) If the Constitutional Court establishes that a treaty whose fulfillment
requires the issue of laws or ordinances is contrary to law or
unconstitutional٫ the effect of the vote in accordance with Article ۵۰ (۲) or
of the ordinance in accordance with Article ۶۵ (۱) second sentence expires.
Article ۱۴۱ [Elections]
(۱) The Constitutional Court pronounces upon:
a) challenges to the election of the Federal President and elections to the
popular representative bodies or the constituent authorities (representative
bodies) of statutory professional associations;
b) challenges to elections to a State Government and to local authorities
entrusted with execccutive power;
c) application by a popular representative body for a loss of seat by one of
its members;
d) application by a constituent authority (representative body) of a statutory
professional associations for a loss of seat by one of the members of such an
authority;
e) the challenge to rulings whereby the loss of a seat in a popular
representative body٫ in a local authority entrusted with execccutive 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 States
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.
f) 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 popular representative body٫ in a local authority entrusted with
execccutive 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 popular representative body or statutory professional association has
litigant status.
(۲) If a challenge pursuant to Paragraph (۱)(a) is allowed and it thereby
becomes necessary to hold the House of Representatives or a State Parliament
election 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.
(۳) The premise for a decision by the Constitutional Court in challenges to the
result of initiatives 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 took place٫ can also be enacted
by Federal law.
Article ۱۴۲ [Liability of Officers]
(۱) The Constitutional Court pronounces on suits which predicate the
constitutional responsibility of the highest Federal and State authorities for
legal contraventions culpably ensuing from their official activity.
(۲) Suit can be brought:
a) against the Federal President٫ for contravention of the Federal
Constitution: by a vote of the Federal Assembly;
b) 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 House of Representatives;
c) against members of a State Government and the authorities placed by the
present law or the State constitution with regard to responsibility on an equal
footing with therm٫ for contravention of the law: by a vote of the competent
State Parliament;
d) against a State-Governor٫ his deputy (Article ۱۰۵ (۱)) or a member of the
State Government (Article ۱۰۳ (۲) and (۳)) 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 State Government also with regard to instructions from
the State-Governor in these matters: by a vote of the Federal Government;
e) 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 execccutive power٫ for contravention of the law: by a vote of the
Federal Government;
f) against a State-Governor٫ for non-compliance with an instruction pursuant to
Article ۱۴ (۸) by a vote of the Federal Government;
g) against a president or execccutive president of a State 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.
(۳) If٫ pursuant to Paragraph (۲)(d)٫ the Federal Government brings a suit only
against a State-Governor or his deputy and it is shown that another member of
the State Government in accordance with Article ۱۰۳ (۲) concerned with matters
pertaining to the indirect Federal administration is guilty of an offence
within the meaning of Paragraph (۲)(d)٫ the Federal Government can at any time
pending the passing of judgment widen its suit to include this member of the
State Government.
(۴) 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 Paragraph (۲)(d)٫ (f)٫ and (g) the Court can
confine itself to the statement that the law has been contravened. From
forfeiture of the office of president of the State school board ensues
forfeiture of the office with which pursuant to Article ۸۱a (۳)(b) it is
linked.
(۵) The Federal President can avail himself of the right vested in him in
accordance with Article ۶۵ (۲)(c) in the cases under Paragraph (۲)(a)٫ (b)٫ and
(c) only on the request of the representative body which has voted for the
filing of the suit٫ in cases under Sub-Paragraphs (d)٫ (f)٫ and (g) only on the
request of the Federal Government٫ and in all cases only with the approval of
the defendant.
Article ۱۴۳ [Criminal Liability of Officers]
A suit can be brought against the persons mentioned in Article ۱۴۲ 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 Article ۱۴۲ (۴)٫ apply the provisions of the criminal
law.
Article ۱۴۴ [Administrative Jurisdiction]
(۱) The Constitutional Court pronounces on rulings by administrative
authorities in so far as the applicant 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 unconstitutional law٫ or an unlawful
treaty. On the same premises٫ the Court likewise pronounces on complaints
against the exercise of direct administrative power and compulsion against a
particular individual. The complaint can only be filed after all other
stages of legal remedy٫ in so far as such come into consideration٫ have been
exhausted.
(۲) The Constitutional Court can٫ before the proceedings٫ decide to reject a
hearing of the complaint if it has no reasonable prospect of success. The
rejection of the hearing is inadmissible if it concerns a case that according
to Article ۱۳۳ is barred from the competence of the Administrative Court.
(۳) If the Constitutional Court finds that a right within the meaning of
Paragraph (۱) has not been infringed by the challenged ruling or the exercises
of direct administrative power and compulsion٫ and if it does not concern a
case that in accordance with Article ۱۳۳ is barred from the competence of the
Administrative Court٫ the Court shall٫ on the request of the applicant٫ at the
same time as it rejects the plea transfer the complaint to the Administrative
Court for decision whether the applicant٫ by the ruling or the exercise of
direct administrative power and compulsion٫ sustained the infringement of any
other right. This applies analogously in the case of decisions in
accordance with Paragraph (۲).
Article ۱۴۵ [International Law]
The Constitutional Court pronounces judgment on contraventions of international
law in accordance with the provisions of a special Federal law.
Article ۱۴۶ [Enforcement]
(۱) The enforcement of judgments pronounced by the Constitutional Court on
claims made in accordance with Article ۱۳۷ is implemented by the ordinary
courts.
(۲) 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 Federation or States 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 aforementioned instructions by the Federal
President require٫ if it is a matter of enforcements against the Federation or
Federal authorities٫ no countersignature in accordance with Article ۶۷.
Article ۱۴۷ [Establishment]
(۱) The Constitutional Court consists of a President٫ a Vice-President٫ twelve
additional members٫ and six substitute members.
(۲) 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 shall be selecttted 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 recommendations listing three candidates for
each vacancy٫ the House of Representatives submitting those for three members
and two substitute members and the Senate those for three members and one
substitute member. Three members and two substitute members must have their
domicile outside the Federal capital٫ Vienna. Administrative officials who are
appointed members of the Constitutional Court shall٫ in so far and for as long
as they are not superannuated٫ be freed from all official duties.
(۳) The President٫ the Vice-President٫ and the other members and substitute
members 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.
(۴) The following cannot belong to the Constitutional Court:
members of the Federal Government or a State Government٫ members of the House
of Representatives٫ the Senate٫ or any other popular representative body;
for members of these representative bodies 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 under
employment of or hold office in a political party cannot belong to the
Constitutional Court.
(۵) Anyone who٫ during the preceding four years٫ has exercised one of the
functions specified in Paragraph (۴)٫ cannot be appointed President or
Vice-President of the Constitutional Court.
(۶) Articles ۸۷ (۱) and (۲)٫ ۸۸ (۲) apply to members of the Constitutional
Court; detailed provisions will be prescribed in the Federal law to be
promulgated pursuant to Article ۱۴۸. The ۳۱ Dec 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.
(۷) 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.
Article ۱۴۸ [Organizational 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.
Chapter VII Ombudsmen Council
Article ۱۴۸a [Standing٫ Investigation٫ Independence]
(۱) Everyone can lodge complaint with the Ombudsmen Council 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 Ombudsmen Council. The
complainant shall be informed of the investigation”s outcome and what
action٫ if necessary٫ has been taken.
(۲) The Ombudsmen Council is ex officio entitled to investigate its suspicions
of maladministration by the Federation including its activity as a holder of
private rights.
(۳) The Ombudsmen Council is independent in the exercise of its authority.
Article ۱۴۸b [State Support٫ Secrecy]
(۱) All Federal٫ State٫ and County authorities shall support the Ombudsmen
Council in the performance of its tasks٫ allow it inspection of its records٫
and upon request furnish the information required. Official secrecy is
inoperative in the case of the Ombudsmen Council.
(۲) The Ombudsmen Council must observe official secrecy to the same degree as
the authority whom it has approached in the fulfillment of its tasks. The
Ombudsmen Council is however bound by the observation of official secrecy in
its reports to the House of Representatives only in so far as this is requisite
on behalf of the interest of the parties concerned or of national security.
Article ۱۴۸c [Recommendations]
The Ombudsmen Council 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. The authority concerned must
within a deadline to be settled by Federal law either conform to these
recommendations and inform the Ombudsmen Council accordingly or state in
writing why the recommendations have not been complied with.
Article ۱۴۸d [Annual Report]
The Ombudsmen Council shall annually render the House of Representatives a
report on its activity.
Article ۱۴۸e [Court Application]
On application by the Ombudsmen Council٫ the Constitutional Court pronounces on
the illegality or otherwise of ordinances by a Federal authority.
Article ۱۴۸f [Ruling on Interpretation]
If differences of opinion arise between the Ombudsmen Council 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 Ombudsmen
Council٫ decides the matter in closed proceedings.
Article ۱۴۸g [Establishment]
(۱) The Ombudsmen Council 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 Ombudsmen Council”s members more than once is
inadmissible.
(۲) Ombudsmen Council members are elected by the House of Representatives 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 House of Representatives is entitled to nominate
one member for this recommendation. The members of the Ombudsmen Council
render an affirmation to the Federal President before their assumption of
office.
(۳) The Ombudsmen Council 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 Ombudsmen Council”s
term of office.
(۴) Should a Ombudsmen Council member retire prematurely٫ the party represented
in the House of Representatives who nominated this member shall nominate a new
member. The new election shall pursuant to Paragraph (۲) be operative for
the remaining term of office.
(۵) Ombudsmen Council members must be eligible for the House of
Representatives; during their service in office٫ they may belong neither to
the Federal Government nor to a State government nor to any popular
representative body and they may not practice any other profession.
Article ۱۴۸h [Appointment]
(۱) Ombudsmen Council officials are appointed by the Federal President on the
recommendation and with the countersignature of the Ombudsmen Council
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.
(۲) The Federation”s service prerogative with regard to Ombudsmen Council
employees is exercised by the Ombudsmen Council chairman.
(۳) The Ombudsmen Council 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 Ombudsmen Council”s members.
Article ۱۴۸i [State Matters]
(۱) The States can by State constitutional law declare the Ombudsmen Council
competent also in the sphere of the particular State”s administration.
In such case Articles ۱۴۸e and ۱۴۸f shall apply analogously.
(۲) If States createee agencies in the sphere of State administration with
tasks similar to the Ombudsmen Council٫ State constitutional law can prescribe
a provision corresponding to Articles ۱۴۸e and ۱۴۸f.
Article ۱۴۸j [Ombudsmen Law]
Detailed provisions relating to the implementation of this chapter shall be
made by Federal constitutional law.
Chapter VIII Final Provisions
Article ۱۴۹ [Old Laws]
(۱) In addition to the present law٫ the following laws٫ with the modifications
necessitated by this law٫ shall٫ within the meaning of Article ۴۴ (۱)٫ be
regarded as constitutional law:
– Basic Law of ۲۱ Dec ۱۸۶۷ on the general rights of nationals in the kingdoms
and States represented in the Reichs” Congress;
– Law of ۲۷ Oct ۱۸۶۲ on protection of personal liberty;
– Law of ۲۷ Oct ۱۸۶۲ on protection of the rights of the home;
– Resolution of the Provisional National Assembly of ۳۰ Oct ۱۹۱۸;
– Law of ۳ April ۱۹۱۹ respecting the banishment and expropriation of property
of the House of Habsburg-Lorraine;
– Law of ۳ April ۱۹۱۹ on the abolition of the nobility٫ the secular orders of
chivalry٫ male and female٫ and of certain titles and dignities;
– Law of ۸ May ۱۹۱۹ on the coat of arms and seal of state of the Republic of
German-Austria٫ with the modifications effected by Arts. ۲٫ ۵٫ and ۶ of the law
of ۲۱ Oct ۱۹۱۹;
– Section V of Part III of the Treaty of Saint-Germain of ۱۰ Sep ۱۹۱۹.
(۲) Article ۲۰ of the Basic Law of ۲۱ Dec ۱۸۶۷ as well as the Law of ۵ May ۱۸۶۹
issued on the basis of this Article are repealed.
Article ۱۵۰ [Transitional Law]
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.
Article ۱۵۱ [Responsibility]
The execccution of this law is entrusted to the Federal Government.
Article ۱۵۲ {…}