Law of Austria

Austrian Federal Constitutional Law-1945

Federal Constitutional Act,

Österreichische Bundesverfassung

version dated November 18, 2020

The Federal Government is entrusted with the implementation of this Federal Constitutional Law.

Chapter I

General provisions. European Union

A. General provisions

Article 1.

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

Art. 2

Article 2.

 (1) Austria is a federal state.

(2) The federal state is formed from the independent states: Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tyrol, Vorarlberg, Vienna.

(3) Changes in the existence of the states or a restriction of the participation of the states provided for in this paragraph and in Art. 3 also require constitutional regulations of the states.

Art. 3

Article 3.

 (1) The federal territory comprises the territories of the federal states.

(2) State treaties with which the federal borders are changed may only be concluded with the consent of the Länder concerned.

(3) Border changes within the federal territory require corresponding laws of the federal government and the countries concerned. For border adjustments within the federal territory, the corresponding laws of the countries concerned are sufficient.

(4) Unless border adjustments are concerned, resolutions of the National Council on border changes pursuant to Paragraphs 2 and 3 require the presence of at least half of the members and a majority of two thirds of the votes cast.

Art. 4

Article 4.

 (1) The federal territory forms a uniform currency, economic and customs area.

(2) Intermediate customs lines or other traffic restrictions may not be set up within the federal government.

Art. 5

Article 5.

 (1) The federal capital and seat of the highest federal organs is Vienna.

(2) For the duration of exceptional circumstances, the Federal President may, at the request of the Federal Government, relocate the seat of the highest federal organs to another location in the federal territory.

Art. 6

Article 6.

 (1) The Republic of Austria has a uniform citizenship.

(2) Those citizens who have their main residence in a country are its citizens; however, the state laws can provide that citizens who have a place of residence in a state, but not the main place of residence, are its citizens.

(3) The main place of residence of a person is established where he has established himself with the demonstrable intention or the intention arising from the circumstances to create the center of their life relationships here; If this factual requirement applies to several places of residence when taking an overall view of the professional, economic and social life relationships of a person, then he must designate the main place of residence to which he is predominantly close.

(4) In matters relating to the implementation of the election of the Federal President, elections to the general representative bodies and to the European Parliament, the election of the mayor by those entitled to elect the municipal council, in matters relating to the implementation of referendums, referendums and referendums on the basis of the Federal constitution or a state constitution as well as in matters of the direct participation of those entitled to vote in the municipal council in the handling of the affairs of the municipality’s own sphere of activity apply for the duration of an arrest or detention within the meaning of the Federal Constitutional Law on the Protection of Personal Freedom, BGBl. 1988, the last place of residence outside the place of arrest or detention and the last main place of residence outside the place of arrest or detention before the arrest or detention as the main place of residence or main place of residence of the detained or detained person.

Art. 7

Article 7.

(1) All citizens are equal before the law. Rights of birth, sex, class, class and creed are excluded. Nobody may be disadvantaged because of his disability. The republic (federal, state and local authorities) is committed to guaranteeing equal treatment of disabled and non-disabled people in all areas of daily life.

(2) The federal, state and local governments are committed to actual equality between men and women. Measures to promote de facto equality between women and men, in particular by eliminating actual inequalities, are permissible.

(3) Office designations can be used in the form that expresses the gender of the office holder. The same applies to titles, academic degrees and job titles.

(4) Public employees, including members of the Federal Army, are guaranteed the undiminished exercise of their political rights.

Art. 8

Article 8.

 (1) Without prejudice to the rights granted to linguistic minorities by federal law, the German language is the state language of the republic.

(2) The republic (federal, state and local governments) is committed to its growing linguistic and cultural diversity, which is expressed in the autochthonous ethnic groups. Language and culture, existence and preservation of these ethnic groups are to be respected, secured and promoted.

(3) The Austrian sign language is recognized as an independent language. The laws determine the details.

Art. 8a

Article 8a.

(1) The colors of the Republic of Austria are red-white-red. The flag consists of three horizontal stripes of equal width, of which the middle one is white, the upper one and the lower one red.

(2) The coat of arms of the Republic of Austria (federal coat of arms) consists of a free-floating, single-headed, black, gold-armed and red-tongued eagle whose chest is covered with a red shield with a silver crossbar. The eagle wears a golden wall crown with three visible battlements on its head. The two fangs are surrounded by a broken iron chain. In the right muzzle he carries a golden sickle with an inwardly turned edge, in the left muzzle a golden hammer.

(3) More detailed provisions, in particular about the protection of colors and the coat of arms as well as about the seal of the republic are made by federal law.

Art. 9

Article 9.

 (1) The generally recognized rules of international law are part of federal law.

(2) Individual sovereign rights can be transferred to other states or intergovernmental institutions by law or an international treaty approved in accordance with Article 50, Paragraph 1. In the same way, the activities of organs of other states or intergovernmental institutions in Austria and the activities of Austrian organs abroad can be regulated, as well as the transfer of individual sovereign rights of other states or intergovernmental institutions to Austrian organs. It can also be provided that Austrian organs are subject to the authority of the organs of other states or intergovernmental institutions, or that these are subject to the authority of Austrian organs.

Art. 9a

Article 9a.

(1) Austria is committed to comprehensive national defense. Its task is to preserve the external independence as well as the inviolability and unity of the federal territory, in particular to maintain and defend the permanent neutrality. In this context, the constitutional institutions and their capacity to act as well as the democratic freedoms of the inhabitants must be protected and defended against external violent attacks.

(2) Comprehensive national defense includes military, intellectual, civil and economic national defense.

(3) Every male citizen is required to serve. Citizens can voluntarily serve in the armed forces as soldiers and have the right to terminate this service.

(4) Anyone who refuses to perform military service for reasons of conscience and is exempted from doing so has the obligation to perform alternative service (community service).

Art. 10

Article 10.

(1) The Federation has powers of legislation and execution in the following matters:

1.

Federal Constitution, especially elections to the National Council, and popular initiatives, referendums and referendums based on the Federal Constitution; Constitutional jurisdiction; Administrative jurisdiction with the exception of the organization of the administrative courts of the federal states;

1a.

Elections to the European Parliament; European Citizens’ Initiatives;

2.

external affairs including political and economic representation abroad, in particular the conclusion of international treaties, without prejudice to the jurisdiction of the federal states in accordance with Art. 16, Paragraph 1; Boundary marking; Movement of goods and livestock with foreign countries; Customs;

3.

Regulation and monitoring of entry into and exit from the federal territory; Immigration and emigration including the right of residence for reasons worthy of consideration; Passport system; Residence ban, expulsion and deportation; Asylum; Delivery;

4th

Federal finances, in particular public charges, which are to be collected exclusively or partially for the federal government Monopoly being;

5.

Money, credit, stock exchange and banking; Measurement and weight, standards and hallmarking;

6th

Civil law, including economic associations, but with the exclusion of regulations that subject the movement of real estate for foreigners and the movement of built-up or land intended for development to administrative restrictions, including the acquisition of rights due to death by persons who do not belong to the group of legal heirs; Private foundations; Criminal law with the exclusion of administrative criminal law and administrative criminal proceedings in matters that fall within the independent sphere of activity of the federal states; Justice maintenance; Facilities to protect society against criminal or other dangerous persons; Copyright; Press; Expropriation, insofar as it does not concern matters that fall within the independent sphere of activity of the states; Matters of notaries, lawyers and allied professions; out-of-court mediation of disputes in matters of civil law and criminal law;

7th

Maintaining public peace, order and security including first general assistance, but with the exception of the local security police; Association and assembly law; Civil status matters including registering and changing names; Aliens Police and Registration System; Arms, ammunition and explosives, gunnery;

8th.

Business and industrial affairs; public agencies and private business intermediaries; Combating unfair competition; Antitrust law; Patents and protection of designs, trademarks and other trade names; Matters of patent attorneys; Engineering and civil engineering; Chambers for commerce, trade and industry; Establishment of professional representations, insofar as they extend to the entire federal territory, with the exception of those in the agricultural and forestry area;

9.

Transport with regard to railways and aviation as well as shipping, insofar as this does not fall under Art. 11; Automotive; Matters of the streets declared by federal law as federal highways because of their importance for through traffic, apart from the road police Electricity and shipping police, insofar as they do not fall under Art. 11; Post and telecommunications; Environmental impact assessment for federal highways and high-speed rail lines that are likely to have significant effects on the environment;

10.

Mining; Forestry including drifts; Water law; Regulation and maintenance of waters for the purpose of safe discharge of high tides or for the purpose of shipping and rafting; Torrent control; Construction and maintenance of waterways; Normalization and typing of electrical systems and equipment, safety measures in this field; Heavy current law, as far as the line system extends to two or more countries; Steam boilers and prime movers; Surveying;

11.

Labor law, insofar as it does not fall under Art. 11, but including labor law as well as worker and employee protection for employees in saws, resin processing plants, mills and dairies operated by agricultural and forestry cooperatives, provided they are subject to federal law the number of employees to be determined is permanently employed; for these employees, the legal provisions existing for employees in commercial operations apply; Social and contract insurance; Care allowance; Social compensation law; Compulsory training for young people; Chambers for workers and employees, with the exception of those in the agricultural and forestry sector, but also for employees in saws, resin processing plants, mills and dairies,

12th

Health care with the exception of the corpse and funeral services as well as the community medical service and rescue services, but only the sanitary supervision with regard to the sanatoriums and nursing homes, the health resort system and the natural healing resources; Measures to ward off dangerous pollution of the environment caused by exceeding immission limit values; Air pollution control, without prejudice to the responsibility of the federal states for heating systems; Waste management with regard to hazardous waste, with regard to other waste only if there is a need to issue uniform regulations; Veterinary affairs; Nutrition including food control; Regulation of business transactions with seeds and plants, feed, fertilizers and pesticides as well as with pesticides

12a.

University and higher education as well as the education system relating to dormitories in these matters;

13th

scientific and technical archive and library service; Matters relating to artistic and scientific collections and federal institutions; Affairs of the federal theaters with the exception of construction matters; Monument protection; Matters of cult; Census systems as well as – while preserving the rights of the federal states to operate all statistics in their own country – other statistics, insofar as they do not only serve the interests of a single country; general matters relating to the protection of personal data; Foundation and fund management, insofar as it concerns foundations and funds which, according to their purposes, go beyond the area of ​​interest of a country and have not previously been managed autonomously by the countries;

14th

Organization and management of the Federal Police; Regulation of the establishment and organization of other guards with the exception of the community guards; Regulation of the arming of guards and the right to use weapons;

15th

military affairs; Community service matters; War damage matters; Care for war graves; Measures that appear necessary on the occasion of a war or in the wake of such a war to ensure the unified management of the economy, in particular with regard to the supply of the population with consumer goods;

16.

Establishment of federal authorities and other federal offices; Service law and staff representation law of federal employees;

17th

Population policy.

(Note: Z 18 repealed by Federal Law Gazette I No. 12/2012 )

(2) In federal laws on peasant inheritance law as well as in the federal laws issued in accordance with Paragraph 1 No. 10, the state legislature can be empowered to issue implementing provisions for specific individual provisions. For these state laws, the provisions of Art. 15 Paragraph 6 apply accordingly. The federal government is entitled to enforce the implementing laws issued in such cases, but the implementing ordinances, insofar as they relate to the implementing provisions of the state law, require the prior agreement of the state government concerned.

(3) Before the Federation concludes international treaties which require implementing measures within the meaning of Article 16 or which affect the independent sphere of activity of the states in another way, it must give the states the opportunity to comment. If the federal government has a uniform statement from the states, the federal government is bound by this statement when the state treaty is concluded. The Confederation may only deviate from this for compelling foreign policy reasons; he must inform the Länder of these reasons immediately.

(Note: Paragraphs 4 to 6 repealed by Federal Law Gazette No. 1013/1994 )

Art. 11

Article 11.

 (1) In the following matters legislation is the business of the Federation, execution that of the States:

1.

Citizenship;

2.

professional representations, insofar as they do not fall under Art. 10, but with the exception of those in the agricultural and forestry field as well as in the field of mountain and ski guides and sports instruction falling within the independent scope of the states;

3.

Public housing with the exception of the promotion of residential construction and residential building renovation

4th

Street police;

5.

Sanitation;

6th

Inland shipping with regard to shipping concessions, shipping facilities and compulsory rights to such facilities, unless it relates to the Danube, Lake Constance, Lake Neusiedl and border stretches of other border waters; River and shipping police on inland waters with the exception of the Danube, Lake Constance, Lake Neusiedl and the border stretches of other border waters;

7th

Environmental impact assessment for projects that are likely to have a significant impact on the environment; if there is a need to issue uniform regulations, approval of such projects;

8th.

Animal protection, unless it is a federal matter according to other provisions in legislation, but with the exception of hunting or fishing;

9.

Labor law as well as worker and employee protection insofar as it concerns agricultural and forestry workers and employees.

(2) Insofar as there is a need to issue uniform regulations, the administrative procedure, the general provisions of administrative criminal law, administrative criminal proceedings and administrative enforcement are also regulated by federal law in matters in which the Länder are entitled to legislate; different regulations can only be made in the federal or state laws regulating the individual areas of administration if they are necessary to regulate the subject matter.

(3) The implementing ordinances for the federal laws issued in accordance with Paragraphs 1 and 2 are to be issued by the federal government, unless otherwise provided in these laws. The type of announcement of implementing ordinances, which the Länder are authorized to issue by federal law in the matters of Paragraph 1 No. 4 and 6, can be regulated by federal law.

(4) The Federal Government or the Länder shall be entitled to handle the laws issued pursuant to Paragraph 2 and the implementing ordinances issued for them, depending on whether the matter forming the subject of the proceedings is federal or state affairs.

(5) If there is a need to issue uniform regulations, uniform emission limit values ​​for air pollutants can be established by federal law. These may not be exceeded in the federal and state regulations regulating the individual areas of administration.

(6) Insofar as there is a need to issue uniform regulations, the public participation procedure for projects to be determined by federal law, participation in the administrative procedure following a public participation procedure and taking into account the results of the public participation procedure when issuing the permits required for the projects concerned are also considered as well as the approval of the projects mentioned in Art. 10 Para. 1 No. 9 regulated by federal law. Paragraph 4 applies to the implementation of these regulations.

(7) The Federal Government and the individual Federal Ministers have the following powers vis-à-vis the State Government in the matters mentioned in Paragraph 1 Nos. 7 and 8:

1.

the authority to inspect the files of the state authorities through federal bodies;

2.

the authority to request the submission of reports on the implementation of federal laws and ordinances;

3.

the authority to demand all information about the implementation necessary for the preparation of the enactment of laws and ordinances by the federal government;

4th

the authority to request information and the submission of files in certain cases, insofar as this is necessary for the exercise of other powers.

Art. 12

Article 12.

 (1) In the following matters, framework legislation is the business of the Federation, the issue of implementing laws and execution the business of the States:

1.

Poor affairs; Sanatoriums and nursing homes;

2.

Electricity, insofar as it does not fall under Article 10.

(2) Fundamental laws and fundamental provisions in federal laws are to be expressly designated as such.

Art. 13

Article 13.

 (1) The responsibilities of the Federation and the Länder in the field of taxation are regulated by a separate Federal Constitutional Act (“Financial Constitutional Act”).

(2) The federal government, the federal states and the municipalities must strive to ensure overall economic equilibrium and sustainably organized budgets in their budget management. They have to coordinate their budget management with regard to these objectives.

(3) The federal, state and local governments must strive for real equality between women and men in household management.

Art. 14

Article 14.

(1) A federal matter is the legislation and the implementation in the field of the school system as well as in the field of the education system in the affairs of the student dormitories, unless otherwise provided in the following paragraphs. The matters regulated in Art. 14a do not belong to the school system within the meaning of this article.

(2) The federal matter is the legislation, the state matter the enforcement in matters of service law and the staff representation law of teachers for public compulsory schools, as far as in paragraph 4 lit. a not otherwise determined. In these federal laws, the state legislature can be empowered to issue implementing provisions for individual provisions that are to be precisely identified; The provisions of Art. 15 Paragraph 6 apply accordingly. Implementing ordinances for these federal laws are to be issued by the federal government, unless otherwise provided therein.

(3) In the following matters framework legislation is the business of the Federation, the issue of implementing laws and execution the business of the States:

a)

external organization (structure, organizational forms, establishment, maintenance, abandonment, district, number of class students and teaching time) of public compulsory schools;

b)

external organization of public school dormitories that are exclusively or primarily intended for pupils from compulsory schools;

c)

Professional employment requirements for the kindergarten teachers to be employed by the federal states, municipalities or municipal associations in after-school care centers and in student dormitories that are exclusively or primarily intended for pupils in compulsory schools.

(4) The matter of the state is the legislation and enforcement in the following matters:

a)

Authority to exercise the authority over the teachers for public compulsory schools on the basis of the laws according to paragraph 2;

b)

Kindergarten and after-school care.

(5) Notwithstanding the provisions of Paragraphs 2 to 4, legislation and enforcement in the following matters is a federal matter:

a)

Public practice schools, practice kindergartens, practice centers and practice student homes that are incorporated into a public school for the purpose of exercises provided in the curriculum;

b)

public school dormitories that are exclusively or predominantly for pupils in lit. a named practice schools are intended;

c)

Service law and staff representation law of teachers, educators and kindergarten teachers for those listed in lit. a and b named public institutions.

 

(5a) Democracy, humanity, solidarity, peace and justice as well as openness and tolerance towards people are basic values ​​of the school, on the basis of which it introduces the entire population, regardless of origin, social situation and financial background, under constant assurance and further development of the best possible quality ensures the highest possible level of education. In the partnership between students, parents and teachers, children and adolescents must be given the best possible mental, emotional and physical development so that they can become healthy, self-confident, happy, performance-oriented, dutiful, musical and creative people who are capable of socializing , religious and moral values ​​oriented responsibility for oneself, fellow human beings, To take over the environment and future generations. Every young person should be led to independent judgment and social understanding according to their development and educational path, be open to the political, religious and ideological thinking of others and be enabled to participate in the cultural and economic life of Austria, Europe and the world and in a love of freedom and peace to participate in the common tasks of humanity.

(6) Schools are institutions in which pupils are taught together according to a comprehensive, fixed curriculum and in which a comprehensive educational goal is striven for in connection with the imparting of general or general and professional knowledge and skills. Public schools are those schools that are established and maintained by the statutory school operator. The federal government is the statutory school maintainer insofar as legislation and enforcement in matters relating to the establishment, maintenance and closure of public schools is a federal matter. The statutory school maintainer is the state or, in accordance with the state legal provisions, the municipality or a municipality association, insofar as the legislation or implementing legislation and the enforcement in matters of establishment, The maintenance and closure of public schools is a matter of the state. Public schools are generally accessible regardless of birth, sex, race, class, class, language and creed, otherwise within the framework of the legal requirements. The same applies to kindergartens, after-school care centers and student dormitories.

(6a) The legislation must provide for a differentiated school system which is at least divided according to educational content into general and vocational schools and according to level of education into primary and secondary schools, whereby a further appropriate differentiation is to be provided for the secondary schools.

(7) Schools that are not public are private schools; these are to be granted public rights in accordance with the statutory provisions.

(7a) Compulsory schooling is at least nine years and there is also compulsory vocational school.

(8) The Federation has the power to obtain knowledge of compliance with the laws and ordinances enacted on the basis of these paragraphs in matters that fall under Paragraphs 2 and 3, for whatever purpose Can send organs to schools and student dormitories. If deficiencies are noticed, the governor can be instructed (Art. 20 Para. 1) to remedy the deficiencies within a reasonable period of time. The governor must ensure that the defects are corrected in accordance with the statutory provisions and is obliged to carry out such instructions and to use the means available to him in his capacity as an organ of the independent sphere of activity of the state.

(9) In the area of ​​the employment law of teachers, educators and kindergarten teachers, the distribution of responsibilities for legislation and enforcement with regard to employment relationships with the federal government, the states, the municipalities and the municipal associations shall apply, unless otherwise specified in the preceding paragraphs is, the relevant general regulations of Art. 10 and 21. The same applies to the staff representation right of teachers, educators and kindergarten teachers.

(10) In matters relating to the exemption of school fees and the relationship between schools and churches (religious societies), including religious instruction in schools, insofar as these are not matters of universities and colleges, federal laws can only be passed by the National Council in the presence of at least half of the members and passed with a majority of two thirds of the votes cast. The same applies if the principles of paragraph 6a are to be abandoned and for the approval of the international treaties of Art.

(Note: Paragraph 11 repealed by Art. IZ 2 BVG, Federal Law Gazette No. 316/1975 .)

Art. 14a

Article 14a.

 (1) In the field of agriculture and forestry education as well as in the field of agriculture and forestry education in matters of student dormitories, also in matters of service law and the right of staff representation of teachers and educators at the schools and student homes falling under this article Legislation and enforcement are a matter of the state, unless otherwise specified in the following paragraphs.

(2) A federal matter is legislation and enforcement in the following matters:

a)

higher agricultural and forestry schools as well as institutions for the training and further education of teachers at agricultural and forestry schools;

b)

Technical schools for training forest personnel;

c)

public agricultural and forestry technical schools, which, in order to guarantee the exercises provided for in the curriculum, perform one of the activities listed under lit. a and b named public schools or are organizationally linked to a federal agricultural and forestry research institute;

d)

Dormitories that are exclusively or mainly for students of the lit. a to c named schools are determined;

e)

Service law and staff representation law of teachers and educators for those listed under lit. facilities mentioned a to d;

f)

Subsidies for the staff costs of denominational agricultural and forestry schools;

G)

Agricultural and forestry research institutes of the federal government, which are organizationally connected to an agricultural and forestry school received from the federal government to guarantee the exercises at this school according to the curriculum.

(3) Unless the matters mentioned in paragraph 2 are concerned, legislation is a federal matter, the state matter is the enforcement of the matters

a)

of religious instruction;

b)

the service law and the right of staff representation of teachers for public agricultural and forestry vocational and technical schools and of educators for public student dormitories, which are exclusively or predominantly intended for pupils of these schools, with the exception, however, of the matters of official authority to exercise the authority over these teachers and educators .

On the basis of the provisions under lit. The federal state legislature can be authorized to issue implementing provisions for precisely specified individual provisions; The provisions of Art. 15 Paragraph 6 apply accordingly. Implementing ordinances for these federal laws are to be issued by the federal government, unless otherwise provided therein.

(4) The federal matter is the legislation on the principles, the state matter the enactment of implementing laws and the enforcement

a)

With regard to agricultural and forestry vocational schools: in the matters of determining the educational goal as well as compulsory subjects and the free instruction as well as in matters of compulsory education and the transfer from school in one country to school in another country;

b)

with regard to the agricultural and forestry technical schools: in the matters of determining the admission requirements, the educational goal, the organizational forms, the scope of lessons and the compulsory subjects, the free of charge of lessons and the transfer from the school of one country to the school of another country;

c)

in matters of public law in private agricultural and forestry vocational and technical schools with the exception of those mentioned in Paragraph 2 lit. b falling schools;

d)

with regard to the organization and sphere of activity of advisory councils that participate in the implementation of the states in the matters of Paragraph 1.

(5) The establishment of the in paragraph 2 under lit. Agricultural and forestry technical schools and research institutes designated c and g is only permitted if the state government of the state in which the technical school or research institute is to have its seat has approved the establishment. This consent is not required if an agricultural and forestry technical school is to be set up, which is to be linked organizationally with an institute for the training and further education of teachers at agricultural and forestry schools to ensure the exercises provided for in the curriculum.

(6) The Federation is empowered to ensure compliance with the regulations it has issued in matters that are part of the implementation of the Länder in accordance with paras. 3 and 4.

(7) The provisions of Art. 14 Paragraphs 5a, 6, 6a, 7, 7a and 9 also apply mutatis mutandis to the areas designated in the first sentence of Paragraph 1.

(8) Article 14, paragraph 10 applies accordingly.

Art. 14b

Article 14b.

 (1) The federal matter is the legislation in matters of public procurement, insofar as these do not fall under Paragraph 3.

(2) The execution in the matters of paragraph 1 is

1.

Federal matter regarding

a)

the award of contracts by the federal government;

b)

the award of contracts by foundations, funds and institutions within the meaning of Art. 126b Paragraph 1;

c)

the award of contracts by companies within the meaning of Art. 126b Paragraph 2, if the financial participation or the influence of the federal government mediated by other financial or other economic or organizational measures is at least as great as the financial participation or the influence of the states;

d)

the award of contracts by self-governing bodies established by federal law;

e)

the award of orders by in lit. a to d and Z 2 lit. legal entities not mentioned a to d,

aa)

which are financed by the federal government, if the share of the federal government is at least as large as that of the federal states;

bb)

which are subject to federal supervision with regard to their management, unless the award is under sublit. aa or Z 2 lit. e sublit. aa falls;

cc)

whose administrative, management or supervisory bodies consist of members who have been appointed by the federal government, if the federal government has appointed at least the same number of members as the federal states, insofar as the allocation is not under sublit. aa or bb or Z 2 lit. e sublit. aa or bb falls;

f)

the joint award of contracts by the federal government and the states, if the share of the federal government in the estimated total contract value is at least the same as the sum of the shares of the states;

G)

the award of orders by in lit. a to f and Z 2 not named legal entities;

2.

State matter regarding

a)

the award of contracts by the state, the municipalities and the municipal associations;

b)

the award of contracts by foundations, funds and institutions within the meaning of Art. 127 Paragraph 1 and Art. 127a Paragraph 1 and 8;

c)

the award of contracts by companies within the meaning of Art. 126b Para. 2, unless they are under no. 1 lit. c, as well as the award of contracts by companies within the meaning of Art. 127 Paragraph 3 and Art. 127a Paragraph 3 and 8;

d)

the award of contracts by self-governing bodies established by state law;

e)

the award of orders by in Z 1 lit. a to d and lit. legal entities not mentioned a to d,

aa)

which are financed by the federal state alone or jointly with the federal government or other federal states, unless the award is made under no. 1 lit. e sublit. aa falls;

bb)

which are subject to the supervision of the state with regard to their management, insofar as the award is not under no. e sublit. aa or bb or sublit. aa falls;

cc)

whose administrative, management or supervisory bodies consist of members who have been appointed by the state, insofar as the allocation is not under no. 1 lit. e sublit. aa to cc or sublit. aa or bb falls;

f)

the joint award of contracts by the federal government and the states, unless these are not mentioned under item 1 lit. f falls, as well as the joint award of contracts by several countries.

Regardless of the number of their inhabitants, municipalities are deemed to be legal entities which, within the meaning of no. 1 lit. b and c and the Z 2 lit. b and c are the responsibility of the Court of Auditors. In the context of Z 1 lit. b, c, e and f, clients within the meaning of item 1 are assigned to the federal government and clients within the meaning of item 2 are assigned to the respective state. Are according to Z 2 lit. c, e or f involves several states, the responsibility for enforcement is based on the predominance of the feature that is or would be decisive for the delimitation of the enforcement competence of the federal government from that of the states according to the corresponding litera (sublitera) of item 1, then according to the seat of the client, then according to the main focus of the client’s business activity, then according to the seat (main residence) of the issuing body,

(3) The matter of the state is the legislation and the enforcement in the matters of the inspection within the framework of the award of orders by the client within the meaning of Paragraph 2 no.2.

(4) The Federation must give the Länder the opportunity to participate in the preparation of legislative projects in matters of paragraph 1. Federal laws issued in accordance with Paragraph 1 that regulate matters that are currently a matter for the state in execution may only be announced with the consent of the states.

(5) Unless otherwise specified in these laws, the implementing ordinances for the federal laws issued under Paragraph 1 shall be issued by the federal government. Paragraph 4 and Art. 42a shall apply accordingly to such ordinances.

(Note: Paragraph 6 repealed by Federal Law Gazette I No. 51/2012 )

Art. 15

Article 15.

(1) Insofar as a matter is not expressly assigned to legislation or to the execution of the Federation by the federal constitution, it remains in the independent sphere of activity of the states.

(2) In the affairs of the local security police, that is, that part of the security police which is in the exclusive or predominant interest of the local community embodied in the community and is capable of being taken care of by the community within its local borders, such as the maintenance of the public decency and the defense against improperly caused disturbing noise, the federal government is entitled to supervise the conduct of these matters by the municipality and to remedy perceived deficiencies by giving instructions to the governor (Art. 103). Federal inspection bodies can also be sent to the municipality for this purpose; The governor is to be informed of this in each individual case.

(3) The state legal provisions in matters of theater and cinema as well as public displays, performances and amusements have for the area of ​​a municipality in which the state police department is also the security authority of the first instance, the state police department at least the monitoring of the events, as far as they are does not extend to operational, construction and fire protection considerations, and to transfer the participation in the first instance in the granting of authorizations that are provided in such laws.

(4) To what extent in matters of the road police with the exception of the local road police (Art. 118 Para. 3 Z 4) and the river and shipping police on inland waters with the exception of the Danube, Lake Constance, Lake Neusiedl and the border stretches of other border waters for the area a municipality in which the state police directorate is also the security authority of the first instance and the state police directorate is responsible for enforcement, is regulated by corresponding federal and state laws.

(Note: Paragraph 5 repealed by Federal Law Gazette I No. 51/2012 )

(6) Insofar as the federal government only reserves the right to legislate on the basic principles, the more detailed implementation of the state legislation is incumbent upon the framework laid down by federal law. The federal law can set a deadline for the enactment of the implementing laws, which may not be shorter than six months or longer than a year without the consent of the Bundesrat. If this period is not met by a Land, then the competence to issue the implementation law for this Land is transferred to the Federation. As soon as the state has passed the implementation law, the federal implementation law ceases to apply. If the federal government has not established any principles, the state legislation can regulate such matters freely. As soon as the federal government has established principles,

(7) The announcement of the legal provisions to be published in the State Law Gazette (Art. 97, Paragraph 1) as well as the legal provisions of the municipalities, the municipal associations and other authorities established in the area of ​​enforcement of the federal states can take place within the framework of the federal legal information system.

(8) In matters reserved under Articles 11 and 12 of federal legislation, the Federation has the right to ensure compliance with the regulations it has issued.

(9) In the area of ​​their legislation, the Länder are authorized to make the provisions necessary to regulate the subject matter in the area of ​​criminal and civil law.

(10) In state laws that change or re-regulate the existing organization of the authorities of general state administration in the states, cross-border cooperation between district administrative authorities, including the organs of the cities with their own statute (Art. 116 Paragraph 3), in particular also the transfer of official responsibilities should be provided.

(11) The districts of the political districts are to be determined by ordinance of the state government.

Art. 15a

Article 15a.

(1) The Federation and the Länder can conclude agreements with one another on matters within their respective areas of activity. The conclusion of such agreements on behalf of the federal government is the responsibility of the federal government or the federal ministers, depending on the subject. Agreements that are also intended to bind the organs of federal legislation may only be concluded by the federal government with the approval of the National Council, whereby Article 50, Paragraph 3 is to be applied mutatis mutandis to such decisions of the National Council; they are to be published in the Federal Law Gazette.

(2) Agreements between the Länder can only be made on matters within their independent sphere of activity and must be brought to the attention of the Federal Government immediately.

(3) The principles of international contract law are to be applied to agreements within the meaning of Paragraph 1. The same applies to agreements within the meaning of paragraph 2, unless otherwise stipulated by the corresponding constitutional laws of the countries concerned.

Art. 16

Article 16.

 (1) In matters that fall within their independent sphere of activity, the federal states can conclude state treaties with states or their sub-states bordering Austria.

(2) The governor must inform the federal government before starting negotiations on such a state treaty. Before it is concluded, the governor must obtain the approval of the federal government. Approval is deemed to have been given if the Federal Government has not informed the Governor within eight weeks of the day on which the request for approval was received by the Federal Chancellery that approval was being refused. Authorization to start negotiations and to conclude the State Treaty is incumbent on the Federal President at the suggestion of the State Government and with the countersignature of the State Governor.

(3) At the request of the Federal Government, state treaties pursuant to Paragraph 1 shall be terminated by the state. If a country does not comply with this obligation in good time, responsibility for this is transferred to the federal government.

(4) The states are obliged to take measures which are necessary in their independent sphere of activity for the implementation of international treaties; if a state does not comply with this obligation in good time, the responsibility for such measures, in particular for enacting the necessary laws, is transferred to the federal government. A measure taken by the federal government in accordance with this provision, in particular a law or ordinance issued in this way, shall expire as soon as the state has taken the necessary measures.

(5) The federal government also has the right to monitor matters that are part of the independent sphere of activity of the states when executing international treaties. The federal government has the same rights vis-à-vis the states as it does in matters of indirect federal administration (Art. 102).

(Note: Paragraph 6 repealed by Federal Law Gazette No. 1013/1994 )

Art. 17

Article 17.

 The position of the Federation and the Länder as holders of private rights is in no way affected by the provisions of Articles 10 to 15 on jurisdiction in legislation and enforcement.

Art. 18

Article 18.

 (1) The entire state administration may only be exercised on the basis of the law.

(2) Each administrative authority can issue ordinances on the basis of the law within its sphere of activity.

(3) If the immediate adoption of measures that constitutionally require a resolution by the National Council is necessary to avert obvious, irreparable damage to the general public at a time when the National Council is not met, cannot meet in time or in his activity is hindered by force majeure, the Federal President can take these measures by means of provisional law-amending ordinances at the suggestion of the Federal Government under his own responsibility. The Federal Government must submit its proposal in agreement with the permanent subcommittee to be set up by the main committee of the National Council (Art. 55, Paragraph 3). Such a regulation requires the countersignature of the federal government.

(4) Any ordinance issued in accordance with Paragraph 3 must be submitted by the Federal Government immediately to the National Council, which the Federal President, if the National Council is not in session at that time, but the President of the National Council convenes during the session for one of the eight days following the proposal Has. Within four weeks of the submission, the National Council must either adopt a corresponding federal law in place of the ordinance or, by resolution, demand that the ordinance be immediately suspended by the federal government. In the latter case, the federal government must comply with this request immediately. In order for the National Council to pass resolutions in good time, the President must put the proposal to a vote no later than the penultimate day of the four-week period; the more detailed provisions are made in the federal law on the rules of procedure of the National Council. If the ordinance is repealed by the federal government in accordance with the preceding provisions, the statutory provisions that were repealed by the ordinance will come into force again on the day the repeal comes into force.

(5) The ordinances referred to in Paragraph 3 must not mean an amendment of federal constitutional provisions and neither a permanent financial burden on the Federation, nor a financial burden on the states or municipalities, nor financial obligations of citizens, nor a sale of federal assets, nor measures in the matters referred to in Art. 10, Paragraph 1, Item 11, and finally those in the area of ​​the right of association or tenant protection.

Art. 19

Article 19.

 (1) The highest executive bodies are the Federal President, the Federal Ministers and State Secretaries as well as the members of the state governments.

(2) Federal law can restrict the permissibility of the activities of the bodies specified in Paragraph 1 and of other public officials in the private sector.

Art. 20

Article 20.

(1) Under the direction of the supreme organs of the Federation and the Länder, organs elected for a period of time, appointed professional organs or contractually appointed organs carry out the administration in accordance with the provisions of the laws. They are responsible to their superiors for their official activities and, unless otherwise stipulated in the laws pursuant to Paragraph 2, are bound by their instructions. The subordinate body can refuse to follow an instruction if the instruction was either given by an incompetent body or if compliance would violate criminal law provisions.

(2) By law, organs

1.

for expert examination,

2.

to control the legality of the administration,

3.

with arbitration, mediation and lobbying tasks,

4th

to ensure competition and to carry out economic supervision,

5.

for the supervision and regulation of electronic media and for promoting the media,

6th

for the implementation of individual matters of service and disciplinary law,

7th

to conduct and conduct elections, or,

8th.

insofar as this is required by European Union law

are released from being bound by instructions from their superiors. Further categories of organs not subject to instructions can be created by the state constitutional law. By law, a supervisory right of the highest organs that is appropriate to the task of the instruction-free organ is to be provided, at least the right to inform themselves about all matters of the management of the instruction-free organs, and – insofar as these are not organs according to Z 2, 5 and 8 – the right to recall organs not subject to instructions for important reasons.

(3) All organs entrusted with the tasks of the federal, state and municipal administration as well as the organs of other corporations under public law are, unless otherwise stipulated by law, obliged to maintain secrecy about all facts that have become known to them exclusively from their official activities in the interests of maintaining public peace, order and security, comprehensive national defense, foreign relations, in the economic interest of a corporation under public law, in preparing a decision or in the overriding interest of the parties (official secrecy). Official secrecy does not exist for functionaries appointed by a general representative body vis-à-vis this representative body,

(4) All organs entrusted with the tasks of the federal, state and municipal administration as well as the organs of other corporations under public law have to provide information on matters within their sphere of activity, as far as a legal obligation of confidentiality does not preclude this; Professional representations are only obliged to provide information to their respective affiliates and this insofar as this does not prevent the proper fulfillment of their statutory tasks. The more detailed regulations with regard to the federal organs and the self-administration in legislation and enforcement to be regulated by the federal legislation are a matter of the federal government, with regard to the organs of the states and municipalities and the self-administration to be regulated by the state legislation in the basic legislation,

Art. 21

Article 21.

(1) The federal states are responsible for legislation and enforcement in matters of service law, including service contract law and the right to represent employees of the federal states, the municipalities and the municipal associations, insofar as for all these matters in paragraph 2, in Article 14 paragraph 2, Paragraph 3 lit. c and para. 5 lit. c and in Art. 14a Para. 2 lit. e and para. 3 lit. b is not otherwise determined. The ordinary courts decide on disputes arising from contractual employment relationships.

(2) The federal states are responsible for legislation and enforcement in matters relating to employee protection of employees (para. 1) and the representation of employees of the federal states, insofar as the employees do not work in companies. If, according to the first sentence, the states are not responsible, the matters mentioned fall within the competence of the federal government.

(3) Unless otherwise stipulated in this Act, sovereignty over federal employees is exercised by the highest federal organs. The sovereignty of the federal states is exercised by the highest organs of the federal states; Insofar as this law provides for corresponding exceptions with regard to federal employees, the state constitutional law can stipulate that the service sovereignty vis-à-vis the state’s employees is exercised by similar bodies.

(4) The possibility of switching between service at the federal level, at the federal states, at the municipalities and at the municipal associations is maintained for public employees at all times. Statutory provisions, according to which the crediting of service periods depends on whether they were completed at the federal government, with a state, with a municipality or with a municipal association, are not permitted. In order to enable an equal development of service law, staff representation law and employee protection at the federal, state and local levels, the federal and state governments have to inform each other about plans in these matters.

(5) The law may provide that

1.

Officials are appointed to exercise certain managerial functions or in cases where this is necessary due to the nature of the service, to be appointed for a limited period;

2.

no appointment is required after the expiry of the time limit or if the organization of the authorities or the service structure is changed by law;

3.

if the responsibility for the appointment is transferred in accordance with Art. 66 Paragraph 1, no appointment is required in the case of a transfer or a change in assignment.

(6) In the cases of Paragraph 5, there is no entitlement to an equivalent use.

Art. 22

Article 22.

 All organs of the Federation, the Länder, the municipalities and the municipal associations as well as the other self-governing bodies are obliged to provide mutual assistance within the framework of their legal scope.

Art. 23

Article 23.

 (1) The federal government, the federal states, the municipalities and the other corporations and institutions under public law are liable for the damage that the persons acting as their organs in enforcement of the law have culpably caused to whomever through illegal behavior.

(2) Persons who act as organs of a legal entity named in Paragraph 1 are liable to it for the damage for which the legal entity has compensated the injured party if they are guilty of intent or gross negligence.

(3) Persons who act as organs of a legal entity referred to in Paragraph 1 are liable for the damage that they have directly inflicted on the legal entity through unlawful conduct in enforcement of the law.

(4) The more detailed provisions of Paragraphs 1 to 3 are made by federal law.

(5) A federal law can also determine the extent to which special provisions deviating from the principles set out in Paragraphs 1 to 3 apply in the field of postal and telecommunications.

Art. 23a

B. European Union

Article 23a.

 (1) The members of the European Parliament in Austria are based on the same, direct, personal, free and secret suffrage of men and women who have reached the age of 16 on the day of the election and who either have or do not have Austrian citizenship on the date of the election are excluded from voting in accordance with European Union law or are citizens of another member state of the European Union and are eligible to vote in accordance with European Union law, elected according to the principles of proportional representation.

(2) The federal territory forms a single electoral body for the elections to the European Parliament.

(3) Eligible for election to the European Parliament in Austria are those who have reached the age of 18 on election day.

(4) Art. 26 paras. 5 to 7 shall apply accordingly.

(Note: Paragraphs 5 and 6 repealed by Federal Law Gazette I No. 27/2007 )

Art. 23b

Article 23b.

(1) When applying for a mandate in the European Parliament, public servants must be granted the free time required to apply for the mandate. Public employees who have been elected as members of the European Parliament are to be taken out of service for the duration of the exercise of their mandate with no salary. The details are regulated by law.

(2) University teachers can continue to work in research and teaching and to carry out examinations even while they are members of the European Parliament. The remuneration for this activity is based on the services actually provided, but may not exceed 25% of the salary of a university teacher.

(3) Insofar as this Federal Constitutional Act provides for the incompatibility of functions with membership or former membership in the National Council, these functions are also incompatible with membership or former membership in the European Parliament.

Art. 23c

Article 23c.

(1) The preparation of the Austrian proposals for the appointment of members of the European Commission, members of the Court of Justice of the European Union, members of the Court of Auditors, members of the Economic and Social Committee, members of the Committee of the Regions and their deputies and members of the Board of Directors of the European Investment Bank is the responsibility of the Federal Government.

(2) Before preparing the proposals for the appointment of members of the European Commission, the Court of Justice of the European Union, the Court of Auditors and the Administrative Council of the European Investment Bank, the Federal Government must inform the National Council and the Federal President of whom it intends to propose. The federal government has to reach agreement with the main committee of the National Council on the proposals.

(3) Before drafting the proposals for the appointment of members of the Economic and Social Committee, the Federal Government must obtain proposals from the legal and other professional representatives of the various groups in economic and social life.

(4) The Federal Government shall prepare the proposals for the appointment of members of the Committee of the Regions and their deputies on the basis of proposals from the Länder and the Austrian Association of Municipalities and the Austrian Association of Towns. Each country has to propose a member and his / her deputy; the other members and their deputies are to be proposed jointly by the Austrian Association of Municipalities and the Austrian Association of Cities.

(5) The Federal Government must inform the National Council who it has proposed under paras. 3 and 4 and inform the Federal Council who it has proposed under paras. 2, 3 and 4.

Art. 23d

Article 23d.

(1) The Federation shall immediately inform the states of all projects within the European Union that affect the independent sphere of activity of the states or may otherwise be of interest to them and give them the opportunity to comment. Such statements are to be addressed to the Federal Chancellery. The same applies to the municipalities insofar as their own sphere of activity or other important interests of the municipalities are affected. The representation of the municipalities in these matters is the responsibility of the Austrian Association of Cities and the Austrian Association of Municipalities (Art. 115, Paragraph 3).

(2) If the states have submitted a uniform statement on a project that concerns matters in which the legislation is a state matter, the federal government may only deviate from this statement for compelling reasons relating to integration and foreign policy in negotiations and votes in the European Union. The federal government must notify the states of these reasons immediately.

(3) If a project also affects matters in which the legislation is a matter for the Land, the Federal Government may be empowered to take part in the meetings of the Council and, in this context, to negotiate and cast the vote on this project, naming one of the Laender made member of a state government. The representative of the Länder exercises this power with the participation of and in coordination with the responsible Federal Minister; Paragraph 2 also applies to him. The representative of the states is responsible to the National Council in matters of federal legislation and to the state parliaments in accordance with Art. 142 in matters of state legislation.

(4) The more detailed provisions of paras. 1 to 3 are to be laid down in an agreement between the Federation and the Länder (Art. 15a, para. 1).

(5) The federal states are obliged to take measures that are necessary in their independent sphere of activity for the implementation of legal acts within the European Union ; if a country does not comply with this obligation in good time and if this is determined by the Court of Justice of the European Union vis-à-vis Austria, then the competence for such measures, in particular for the enactment of the necessary laws, is transferred to the federal government. A measure taken by the federal government in accordance with this provision, in particular a law or ordinance issued in this way, shall cease to apply as soon as the state has taken the necessary measures.

Art. 23e

Article 23e.

 (1) The competent Federal Minister shall immediately inform the National Council and the Federal Council of all projects within the framework of the European Union and give them the opportunity to comment.

(2) The Federal Minister responsible has the National Council and the Federal Council concerned about an upcoming decision of the European Council or the Council

1.

the transition from unanimity to qualified majority or

2.

the transition from a special legislative procedure to the ordinary legislative procedure

to inform expressly and in good time that the National Council and the Federal Council are enabled to exercise their responsibilities under this article.

(3) If the National Council has issued an opinion on a project aimed at the enactment of a binding legal act that would affect the enactment of federal laws in the area regulated in the legal act, the competent federal minister may negotiate and vote in the European Union only deviate from this opinion for compelling reasons relating to integration and foreign policy. If the responsible Federal Minister intends to deviate from the position of the National Council, he must refer the matter to the National Council again. If the project is aimed at the enactment of a binding legal act that would either require the enactment of federal constitutional provisions or contain provisions that could only be made by such provisions, a deviation is only permitted if the National Council does not object to it within a reasonable period of time. After the vote in the European Union, the responsible federal minister must report to the National Council immediately and, if necessary, inform him of the reasons for which he deviated from the opinion.

(4) Has the Bundesrat submitted an opinion on a project aimed at the enactment of a binding legal act which would either require the enactment of federal constitutional provisions by which the jurisdiction of the states in legislation or enforcement according to Art. 44 para. 2 is restricted or contains regulations that could only be made by such provisions, the competent Federal Minister may only deviate from this statement for compelling reasons relating to integration and foreign policy during negotiations and votes in the European Union. A deviation is only permissible if the Federal Council does not object to it within a reasonable period of time.

Art. 23f

Article 23f.

 (1) The National Council and the Federal Council exercise the powers of the national parliaments provided for in the Treaty on European Union, in the Treaty on the Functioning of the European Union and in the protocols attached to these contracts in the currently applicable version.

(2) Each Federal Minister reports to the National Council and the Federal Council at the beginning of each year about the projects of the Council and the European Commission to be expected this year as well as about the likely Austrian position on these projects.

(3) Further notification obligations are to be provided for by federal law.

(4) The National Council and the Federal Council can express their wishes about projects of the European Union in communications to the organs of the European Union.

Art. 23g

Article 23g.

 (1) The National Council and the Federal Council can state in a reasoned opinion on a draft legislative act within the framework of the European Union, why the draft is not compatible with the principle of subsidiarity.

(2) The National Council and the Federal Council may request a statement from the Federal Minister responsible on the compatibility of drafts pursuant to Paragraph 1 with the principle of subsidiarity, which as a rule must be submitted within two weeks of receipt of the request.

(3) The Federal Council shall immediately inform the state parliaments of all drafts pursuant to Paragraph 1 and give them the opportunity to comment. When adopting a reasoned statement pursuant to Paragraph 1, the Federal Council must consider the statements of the state parliaments and inform the state parliaments of such resolutions.

Art. 23h

Article 23h.

 (1) The National Council and the Federal Council may decide that an action against a legislative act within the framework of the European Union should be brought to the Court of Justice of the European Union for a violation of the principle of subsidiarity.

(2) The Federal Chancellery shall immediately forward the complaint to the Court of Justice of the European Union on behalf of the National Council or the Federal Council.

Art. 23i

Article 23i.

(1) The Austrian member of the European Council may only approve an initiative pursuant to Article 48 (7) of the Treaty on European Union as amended by the Treaty of Lisbon if the National Council, with the consent of the Bundesrat, based on a proposal by the Federal Government authorized to do so. These resolutions of the National Council and the Federal Council each require the presence of at least half of the members and a majority of two thirds of the votes cast.

(2) To the extent that, under European Union law, the national parliaments have the option of rejecting an initiative or a proposal

1.

the transition from unanimity to qualified majority or

2.

the transition from a special legislative procedure to the ordinary legislative procedure

provided, the National Council, with the consent of the Federal Council, can reject this initiative or proposal within the deadlines provided for by European Union law.

(3) Resolutions of the Council through which new categories of own resources of the European Union are introduced require the approval of the National Council and the approval of the Federal Council; Art. 50 para. 4 second sentence is to be applied accordingly. Other resolutions of the Council, with which provisions on the system of own resources of the European Union are laid down, require the approval of the National Council. Art. 23e para. 2 applies accordingly.

(4) Article 50 (4) shall apply mutatis mutandis to other resolutions of the European Council or the Council which, under European Union law, only come into force after the approval of the member states in accordance with their respective constitutional provisions.

(5) Resolutions of the National Council and the Federal Council under this article are to be published by the Federal Chancellor in the Federal Law Gazette.

Art. 23j

Article 23j.

(1) Austria participates in the common foreign and security policy of the European Union on the basis of Title V Chapters 1 and 2 of the Treaty on European Union in the version of the Treaty of Lisbon, which is set out in Art. 3 Para. 5 and Art 21 Paragraph 1 provides in particular for the observance or respect of the principles of the Charter of the United Nations. This includes participation in tasks in accordance with Article 43, Paragraph 1 of this contract as well as in measures with which economic and financial relations with one or more third countries are suspended, restricted or completely ceased. Art. 50 para. 4 shall apply mutatis mutandis to decisions of the European Council on joint defense.

(2) Art. 23e para. 3 shall apply mutatis mutandis to decisions within the framework of the common foreign and security policy of the European Union on the basis of Title V Chapter 2 of the Treaty on European Union in the version of the Treaty of Lisbon.

(3) In the case of decisions on the initiation of a mission outside the European Union, which includes tasks of military advice and support, tasks of conflict prevention and peacekeeping or combat operations in the context of crisis management, including peacemaking measures and operations to stabilize the situation after conflicts , and in the case of resolutions pursuant to Article 42, Paragraph 2 of the Treaty on European Union as amended by the Treaty of Lisbon regarding the gradual definition of a common defense policy, the right to vote is to be exercised in agreement between the Federal Chancellor and the Federal Minister responsible for foreign affairs.

(4) Approval to measures pursuant to Paragraph 3 may only be given, if the resolution to be taken would result in an obligation for Austria to deploy units or individuals, subject to the fact that the implementation of the relevant for the deployment of units or individual persons abroad requires constitutionally provided procedures.

Art. 23k

Article 23k.

 (1) The Federal Act on the Rules of Procedure of the National Council and the Rules of Procedure of the Federal Council provide more detailed provisions on Articles 23e, 23f Paragraphs 1, 2 and 4 as well as 23g to 23j.

(2) The competences of the National Council according to Art. 23e, 23f para. 4, 23g and 23j para. 2 are incumbent on its main committee. The federal law on the rules of procedure of the National Council can provide that the main committee elects a permanent subcommittee to which Art. 55 para. 3 applies mutatis mutandis. The main committee can delegate powers according to the first sentence to this standing sub-committee. Such a transfer can be revoked in whole or in part at any time. The Federal Act on the Rules of Procedure of the National Council can transfer responsibilities of the main committee according to the first sentence to the National Council or to the permanent sub-committee of the main committee according to the second sentence.

(3) The Bundesrat’s responsibilities under Articles 23e, 23f, Paragraphs 4 and 23g can be assigned to a committee to be elected by the Bundesrat by means of the Bundesrat’s rules of procedure.

Art. 24

Second Chapter

Federal legislation

A. National Council

Article 24.

 The National Council exercises federal legislation together with the Federal Council(Senate).

Art. 25

Article 25.

 (1) The seat of the National Council(House of Representatives) is the federal capital Vienna.

(2) For the duration of extraordinary circumstances, the Federal President may, at the request of the Federal Government, appoint the National Council to another location in the federal territory.

Art. 26

Article 26.

(1) The National Council is elected by the federal people on the basis of the same, direct, personal, free and secret suffrage of men and women who have reached the age of 16 on election day, according to the principles of proportional representation.

(2) The federal territory is divided into spatially closed constituencies, the borders of which may not intersect the state borders; these constituencies are to be subdivided into spatially closed regional constituencies. The number of MPs is based on the eligible voters of the constituencies (constituencies) in proportion to the number of citizens who had their main residence in the respective constituency according to the results of the last census, increased by the number of citizens who did not have their main residence in the federal territory on the day of counting had, but were registered in the electoral register in a municipality of the respective constituency; in the same way, the number of MPs assigned to a constituency is distributed among the regional constituencies. The electoral regulations for the National Council have to provide for a final investigation procedure throughout the federal territory, through which both the balancing of the parties allotted to the electoral districts and the allocation of the not yet allocated mandates takes place according to the principles of proportional representation. A division of the electorate into other electoral bodies is not permitted.

(3) Election day must be a Sunday or a public holiday. If circumstances arise that prevent the start, continuation or termination of the election, the electoral authority can extend or postpone the election to the next day.

(4) Eligible for election to the National Council are those who are Austrian citizens on the cut-off date and who are 18 years of age on the election day.

(5) Exclusion from the right to vote or from being eligible for election can only be provided for by federal law as a result of a final judicial conviction, even to a different extent in each case.

(6) Eligible voters who are likely to be prevented from casting their vote in front of the electoral authority on election day, for example because of being absent from the area, for health reasons or because of staying abroad, can exercise their right to vote by postal vote upon request, stating the reason. The identity of the applicant must be made credible. The person entitled to vote must sign an oath instead of declaring that the vote was cast personally and secretly.

(7) The more detailed provisions on the electoral procedure are made by federal law.

Art. 26a

Article 26a.

(1) The implementation and management of the elections to the European Parliament, the elections to the National Council, the election of the Federal President, referendums and referendums, the participation in the review of referendums as well as the participation in the implementation of European citizens’ initiatives is the responsibility of electoral authorities, which are responsible for each Election to the National Council to be formed. These have to include representatives of the campaigning parties as assessors with voting rights, as well as judges of the service or retirement of the federal election authority; the number of assessors is to be stipulated in the election regulations for the National Council. The non-judicial assessors are appointed on the basis of proposals by the campaigning parties in accordance with their strengths determined at the last election to the National Council.

(2) The maintenance of the electoral record and the creation of the corresponding registers in the event of an election to the European Parliament, an election to the National Council, an election of the Federal President, a referendum and a referendum is the responsibility of the municipality in the assigned sphere of activity. The data of the voter records are stored in a central voter register, in which voter records can also be saved on the basis of state legislation; the states and municipalities can use this data for such registers in their area of ​​responsibility.

Art. 27

Article 27.

 (1) The legislative period of the National Council lasts five years, counting from the day of its first meeting, but in any case up to the day on which the new National Council meets.

(2) The newly elected National Council must be convened by the Federal President within thirty days after the election. This is to be ordered by the federal government so that the newly elected National Council can meet on the day after the end of the fifth year of the legislative period.

Art. 28

Article 28.

 (1) The Federal President convenes the National Council every year for an ordinary session which should not begin before September 15 and not last longer than July 15 of the following year.

(2) The Federal President can also convene the National Council for extraordinary meetings. If the Federal Government or at least a third of the members of the National Council or the Federal Council so request, the Federal President is obliged to convene the National Council for an extraordinary session, in such a way that the National Council meets at the latest within two weeks after the request has been received by the Federal President; the convocation does not require a countersignature. A proposal by the Federal Government is not required to convene an extraordinary meeting at the request of members of the National Council or at the request of the Federal Council.

(3) The Federal President declares the sessions of the National Council to be over on the basis of a resolution of the National Council.

(4) If a new session of the National Council is opened within the same legislative period, the work will be continued from the status it was at when the last session ended. At the end of a meeting, individual committees can be instructed by the National Council to continue their work. With the start of a new legislative period, plebiscites that have not been settled by the National Council from the previous legislative period and citizens’ initiatives addressed to the National Council are considered to be the objects of negotiation of the newly elected National Council. This can also be determined by the federal law on the National Council’s rules of procedure for other subjects of the National Council’s negotiations.

(5) The President of the National Council calls the individual meetings within a meeting. If the number of members of the National Council or the federal government stipulated in the federal law on the rules of procedure of the National Council, the President is obliged to convene a meeting. More detailed provisions are made in the federal law on the rules of procedure of the National Council, which also has to set a deadline within which the National Council must meet.

(6) In the event that the elected presidents of the National Council are prevented from exercising their office or their offices have been discharged, the federal law on the rules of procedure of the National Council must make special provisions on convening the National Council.

Art. 29

Article 29.

(1) The Federal President can dissolve the National Council, but may only do so once for the same reason. In this case, the new election is to be arranged by the federal government in such a way that the newly elected National Council can meet no later than the hundredth day after the dissolution.

(2) Before the end of the legislative period, the National Council can resolve its dissolution by simple law.

(3) After a dissolution in accordance with Paragraph 2 and after the expiry of the period for which the National Council is elected, the legislative period lasts until the day on which the newly elected National Council meets.

Art. 30

Article 30.

 (1) The National Council elects the president, the second and third presidents from among its members.

(2) The business of the National Council is conducted on the basis of a special federal law. The federal law on the rules of procedure of the National Council can only be passed if at least half of the members are present and with a majority of two thirds of the votes cast.

(3) The Parliamentary Directorate, which is subordinate to the President of the National Council, is appointed to support parliamentary tasks and to take care of administrative matters in the area of ​​federal legislative bodies as well as similar tasks and administrative matters that affect the members of the European Parliament elected in Austria. For the Federal Council, the internal organization of the Parliamentary Directorate is to be regulated in agreement with the Chairman of the Federal Council, who is also entitled to issue instructions when performing the tasks assigned to the Federal Council on the basis of this Act.

(4) The President of the National Council is also entitled, in particular, to appoint the staff of the Parliamentary Administration and all other powers in personnel matters for these staff.

(5) The President of the National Council can assign employees of the Parliamentary Directorate to the parliamentary clubs for the performance of parliamentary tasks.

(6) In the execution of the administrative matters to which the President of the National Council is entitled under this article, the President of the National Council is the highest administrative body and exercises these powers alone. The President of the National Council is entitled to issue ordinances insofar as they relate exclusively to administrative matters regulated in this article.

Art. 30a

Article 30a.

The special protection and confidentiality of information in the area of ​​the National Council and the Federal Council are regulated on the basis of a special federal law. The federal law on the information system of the National Council and the Federal Council can only be passed by the National Council in the presence of at least half of the members and with a majority of two thirds of the votes cast. It also requires the approval of the Federal Council, in the presence of at least half of the members and with a majority of two thirds of the votes cast.

Art. 30b

Article 30b.

 (1) A disciplinary commission shall be set up at the Parliamentary Directorate to issue disciplinary decisions and to decide on suspensions with regard to officials of the Parliamentary Directorate, the Court of Auditors and the Ombudsman Board.

(2) The members of the disciplinary commission and the disciplinary attorneys are to be appointed by the President of the National Council, the President of the Audit Office and the Chairman of the Ombudsman Board.

(3) The more detailed provisions on the organization and the procedure of the disciplinary commission as well as the position and appointment of the disciplinary attorneys are made by federal law.

Art. 31

Article 31.

 Unless otherwise stipulated in this Act or otherwise stipulated in the Federal Act on the Rules of Procedure of the National Council for individual matters, a decision by the National Council requires the presence of at least one third of the members and an unconditional majority of the votes cast.

Art. 32

Article 32.

 (1) The meetings of the National Council are public.

(2) The public is excluded if the chairman or the number of members stipulated in the federal law on the rules of procedure of the National Council so requests and the National Council decides after removing the audience.

Art. 33

Article 33.

 Truthful reports on the negotiations in the public sessions of the National Council and its committees are free of any responsibility.

Art. 34

B. Federal Council

Article 34.

 (1) In the Bundesrat, the states are represented in relation to the number of citizens in the state in accordance with the following provisions.

(2) The country with the largest number of citizens sends twelve, every other country as many members as the ratio of its number of citizens to the number of citizens listed first, with remainder over half of the ratio counting as full. However, each country is entitled to be represented by at least three members. A substitute member is appointed for each member.

(3) The number of members to be sent by each country is determined by the Federal President after each general census.

Art. 35

Article 35.

(1) The members of the Federal Council and their substitute members are elected by the state parliaments for the duration of their legislative period in accordance with the principle of proportional representation, but at least one mandate must go to the party that has the second highest number of seats in the state parliament or, if several parties have the same Number of seats have the second highest number of votes in the last state election. If several parties have equal claims, the lot decides.

(2) The members of the Federal Council do not have to belong to the Landtag which sends them; however, they must be eligible for election to this state parliament.

(3) After the legislative period of a Landtag has expired or after its dissolution, the members of the Bundesrat sent by it shall remain in office until the new Landtag has elected to the Bundesrat.

(4) The provisions of Articles 34 and 35 can only be amended if the Federal Council – apart from the majority of votes required for its resolution – has accepted the amendment by a majority of the representatives of at least four Länder.

Art. 36

Article 36.

 (1) In the chairmanship of the Bundesrat, the states change every six months in alphabetical order.

(2) The chairman is the representative of the Land appointed to chair the chair, whose mandate is for the party that has the highest number of seats in the state parliament or, if several parties have the same number of seats, the highest number of votes in the last state election; if several parties have equal claims, the lot decides. The Landtag can, however, decide that the chairmanship should be chaired by another representative of the Land whose mandate in the Bundesrat falls to this party; Such a resolution requires the approval of the majority of those members of the Landtag whose mandates in the Landtag are assigned to this party. The appointment of the deputy chairman is regulated by the rules of procedure of the Federal Council.

(3) The Federal Council is convened by its chairman at the seat of the National Council. The chairman is obliged to convene the Federal Council immediately if at least a quarter of its members or the federal government so request.

(4) The governors are entitled to take part in all negotiations of the Federal Council. According to the more detailed provisions of the Bundesrat’s rules of procedure, they have the right to be heard on matters of their country whenever they so request.

Art. 37

Article 37.

 (1) Unless otherwise stipulated in this Act or otherwise stipulated in the Bundesrat’s rules of procedure for individual matters, a resolution by the Bundesrat requires the presence of at least one third of the members and an unconditional majority of the votes cast.

(2) The Federal Council adopts its rules of procedure by resolution. This resolution can only be passed if half of the members are present with a majority of at least two thirds of the votes cast. The rules of procedure can also contain provisions that go beyond the internal sphere of the Bundesrat, provided this is necessary for regulating the handling of business in the Bundesrat. The rules of procedure have the effect of a federal law; it is to be announced by the Federal Chancellor in the Federal Law Gazette.

(3) The meetings of the Federal Council are public. However, the public can be withdrawn by resolution in accordance with the provisions of the Rules of Procedure. The provisions of Art. 33 also apply to public meetings of the Federal Council and its committees.

Art. 38

text

C. Federal Assembly

Article 38.

 The National Council and the Federal Council meet as a federal assembly in a joint public session to swear in the Federal President and to pass resolutions on a declaration of war at the seat of the National Council.

Art. 39

text

Article 39.

(1) The Federal Assembly is convened by the Federal President – with the exception of the cases under Article 60, Paragraph 6, Article 63, Paragraph 2, Article 64, Paragraph 4 and Article 68, Paragraph 2. The chairmanship is held alternately by the President of the National Council and the Chairman of the Federal Council, for the first time by the latter.

(2) In the Federal Assembly, the federal law on the rules of procedure of the National Council is applied accordingly.

(3) The provisions of Art. 33 also apply to the meetings of the Federal Assembly.

Art. 40

text

Article 40.

 (1) The resolutions of the Federal Assembly are certified by its chairman and countersigned by the Federal Chancellor.

(2) The Federal Chancellor shall officially announce the resolutions of the Federal Assembly on a declaration of war.

Art. 41

text

D. The way of federal legislation

Article 41.

 (1) Bills are submitted to the National Council in the form of proposals from its members, the Federal Council or a third of the members of the Federal Council and as submissions from the Federal Government.

(2) Every referendum supported by 100,000 eligible voters or by one sixth of the eligible voters from three countries must be submitted by the federal electoral authority to the National Council for consideration. Anyone who has the right to vote for the National Council on the last day of the registration period is entitled to vote. The popular initiative must concern a matter to be regulated by federal law and can be submitted in the form of a legislative proposal. According to federal law, electronic support for a referendum can be provided for by those entitled to vote, whereby it must be ensured that it only takes place in person and only once.

(3) The more detailed provisions on the procedure for the referendum are made by federal law.

Art. 42

text

Article 42.

 (1) Every legislative resolution of the National Council must be forwarded to the Federal Council immediately by its President.

(2) Unless otherwise provided by constitutional law, a statutory resolution can only be notarized and announced if the Bundesrat has not raised a reasoned objection to this resolution.

(3) This objection must be submitted in writing to the National Council by its chairman within eight weeks of receipt of the legislative resolution by the Federal Council; it is to be brought to the attention of the Federal Chancellor.

(4) If the National Council repeats its original resolution in the presence of at least half of the members, this must be certified and announced. If the Federal Council decides not to raise an objection, or if no reasoned objection is raised within the period stipulated in Paragraph 3, the statutory resolution must be notarized and published.

(5) Insofar as legislative resolutions of the National Council, the rules of procedure of the National Council, the dissolution of the National Council, a federal law with which more detailed provisions are made on the creation of the Federal Financial Framework Act, the Federal Finance Act and other federal budget management, a Federal Financial Framework Act, a Federal Finance Act, a provisional one The Federal Council is not entitled to participate in provisions within the meaning of Art. 51a Para. 4 or a disposition of federal assets, the assumption or conversion of federal liability, the entering into or conversion of a federal financial debt or the approval of a federal financial statement.

Art. 42a

text

Article 42a.

To the extent that a legislative resolution of the National Council requires the approval of the Länder, it must be notified by the Federal Chancellor to the offices of the Land governments of the Länder involved immediately after the end of the procedure pursuant to Art. Approval is deemed to have been given if the governor has not informed the Federal Chancellor that approval will be refused within eight weeks of the day on which the legislative resolution was received by the state government. Before this period has expired, the resolution of the law may only be announced if the governors of the countries involved have given the express consent of the country.

Art. 43

text

Article 43.

 Every legislative resolution of the National Council after the end of the procedure according to Art. 42 or Art. 42a, but before it is authenticated by the Federal President, is to be submitted to a referendum if the National Council so decides or the majority of the members of the National Council so request.

Art. 44

text

Article 44.

(1) Constitutional laws or constitutional provisions contained in simple laws can only be passed by the National Council in the presence of at least half of the members and with a majority of two thirds of the votes cast; they are to be expressly designated as such (“constitutional law”, “constitutional provision”).

(2) Constitutional laws or constitutional provisions contained in simple laws that restrict the jurisdiction of the Länder in legislation or enforcement also require the consent of the Bundesrat, in the presence of at least half of the members and with a majority of two thirds of the votes cast .

(3) Any overall amendment to the Federal Constitution, but only a partial amendment if this is requested by a third of the members of the National Council or the Federal Council, is a vote of the whole after the end of the procedure according to Art. 42, but before the authentication by the Federal President To subject federal people.

Art. 45

text

Article 45.

 (1) In the referendum, the unconditional majority of the validly cast votes decides.

(2) The result of the referendum is to be officially announced.

Art. 46

text

Article 46.

 (1) The Federal President orders the referendum.

(2) Anyone who has the right to vote in the National Council on the day of the vote is entitled to vote in referenda.

(3) The more detailed provisions on the procedure for the referendum are made by federal law. Art. 26 para. 6 is to be applied accordingly.

Art. 47

text

Article 47.

 (1) The Federal President shall certify that the federal laws come into being in accordance with the constitution.

(2) The submission for authentication is made by the Federal Chancellor.

(3) The authentication is to be countersigned by the Federal Chancellor.

Art. 48

text

Article 48.

 Federal laws and international treaties approved in accordance with Art. 50, Paragraph 1 are announced with reference to the decision of the National Council, federal laws based on a referendum, with reference to the result of the referendum.

Art. 49

text

Article 49.

(1) The federal laws are to be announced by the Federal Chancellor in the Federal Law Gazette. Unless expressly stipulated otherwise, they come into force on the day they are announced and apply to the entire federal territory.

(2) The state treaties pursuant to Art. 50 Paragraph 1 are to be published by the Federal Chancellor in the Federal Law Gazette. If a state treaty has been authentically established in more than two languages ​​in accordance with Article 50, Paragraph 1, Item 1, it is sufficient if

1.

two authentic language versions and a translation into German,

2.

however, if the German language version is authentic, this and another authentic language version

to be announced. On the occasion of the approval of an interstate treaty in accordance with Art. 50, Paragraph 1, the National Council can decide in what other way than in the Federal Law Gazette the announcement of the interstate treaty or individual parts of it which must be precisely identified must be made; such resolutions of the National Council are to be announced by the Federal Chancellor in the Federal Law Gazette. Unless expressly stipulated otherwise, international treaties according to Art. 50, Paragraph 1 come into force at the end of the day they are announced – in the case of the third sentence, at the end of the day on which the resolution of the National Council is announced – and apply to the entire federal territory; this does not apply to international treaties that are to be fulfilled by enacting laws (Art. 50, Paragraph 2, Item 4) .

(3) Announcements in the Federal Law Gazette and in accordance with Paragraph 2, second sentence, must be generally accessible and be able to be ascertained completely and permanently in their published form.

(4) The more detailed provisions on the announcement in the Federal Law Gazette are made by federal law.

Art. 49a

text

Article 49a.

 (1) The Federal Chancellor, together with the responsible Federal Ministers, is authorized to publish federal laws, with the exception of this Act, and state treaties published in the Federal Law Gazette in their current version by publication in the Federal Law Gazette.

(2) In the announcement of the re-announcement

1.

outdated terminological expressions are corrected and outdated spellings are adapted to the new spelling;

2.

References to other legal provisions that no longer correspond to the state of the law, as well as other inconsistencies, are corrected;

3.

Provisions that have been repealed by later legal provisions or have otherwise become irrelevant are found to be no longer valid;

4th

Short titles and letter abbreviations for the title are specified;

5.

the designations of the articles, paragraphs, paragraphs and the like are changed accordingly in the event of failure or incorporation of individual provisions and references to them within the text of the legal provision are corrected accordingly;

6th

Transitional provisions as well as earlier versions of the federal law (State Treaty) that are still to be applied are summarized, specifying their scope.

(3) Unless expressly stipulated otherwise, the re-published federal law (the re-published international treaty) and the other provisions contained in the announcement come into force at the end of the announcement day.

Art. 49b

text

Article 49b.

(1) A referendum on a matter of fundamental importance to the whole of Austria, for which federal legislation is responsible, has to take place if the National Council so decides on the basis of a motion from its members or the Federal Government after preliminary consultation in the main committee. Elections and matters that a court or administrative authority has to decide on cannot be the subject of a referendum.

(2) An application pursuant to Paragraph 1 must contain a proposal for the question on which the referendum is based. This has to consist either of a question to be answered with “yes” or “no” or of two alternative solutions.

(3) Referendums are to be carried out in accordance with Articles 45 and 46. Whoever has the right to vote for the National Council on the day of the survey is entitled to vote in referendums. The federal electoral authority has to present the results of a referendum to the National Council and the federal government.

Art. 50

text

E. Participation of the National Council and the Federal Council in the implementation of the Federation

Article 50.

 (1) The completion of

1.

Political state treaties and state treaties that amend or supplement the law and do not fall under Article 16 Paragraph 1, and

2.

State treaties that change the contractual basis of the European Union

requires the approval of the National Council.

(2) The following also applies to international treaties pursuant to Paragraph 1 no.1:

1.

If an interstate treaty provides for its simplified amendment, such an amendment does not require the approval under Paragraph 1, unless the National Council has reserved the right to do so.

2.

To the extent that an interstate treaty regulates matters relating to the independent sphere of activity of the states, it requires the approval of the Bundesrat.

3.

If a state treaty has been authentically laid down in more than two languages, it is sufficient if the approval according to Paragraph 1

a)

on the basis of two authentic language versions and a translation into German,

b)

However, if the German language version is authentic, on the basis of this and another authentic language version

he follows.

4th

On the occasion of the approval of a state treaty, the National Council can decide to what extent this state treaty is to be fulfilled by enacting laws.

(3) Art. 42 Paragraphs 1 to 4 shall apply mutatis mutandis to resolutions of the National Council pursuant to Paragraph 1 No. 1 and Paragraph 2 No. 4.

(4) State treaties pursuant to para. 1 no. 2 may only be concluded with the approval of the National Council and with the consent of the Federal Council, without prejudice to Art. 44 para. 3. These resolutions require the presence of at least half of the members and a majority of two thirds of the votes cast.

(5) The National Council and the Federal Council shall be informed immediately of the commencement of negotiations on an interstate treaty pursuant to Paragraph 1.

Art. 50a

text

Article 50a.

 The National Council participates in matters relating to the European Stability Mechanism.

Art. 50b

text

Article 50b.

 An Austrian representative in the European Stability Mechanism may

1.

a proposal for a decision to grant a Member State stability support in principle,

2.

a change in the authorized share capital and an adjustment of the maximum loan volume of the European Stability Mechanism as well as a retrieval of approved, unpaid share capital and

3.

Changes to the grant instruments

only agree or abstain from the decision-making process if the National Council has authorized it to do so on the basis of a proposal by the Federal Government. In cases of particular urgency, the responsible Federal Minister can refer the matter to the National Council. Without the authorization of the National Council, the Austrian representative must reject the proposal for such a resolution.

Art. 50c

text

Article 50c.

(1) The competent Federal Minister shall immediately inform the National Council of matters relating to the European Stability Mechanism in accordance with the provisions of the Federal Act on the National Council’s Rules of Procedure. The Federal Law on the Rules of Procedure of the National Council provides for the National Council’s right to comment.

(2) If the National Council has submitted an opinion in good time on matters relating to the European Stability Mechanism, the Austrian representative in the European Stability Mechanism must take this into account in negotiations and votes. The competent Federal Minister must report to the National Council immediately after the vote and, if necessary, inform him of the reasons why the Austrian representative did not take the opinion into account.

(3) The Federal Minister responsible reports regularly to the National Council on the measures taken within the framework of the European Stability Mechanism.

Art. 50d

text

Article 50d.

 (1) The details of Art. 50b and 50c Paragraphs 2 and 3 are determined by the Federal Act on the Rules of Procedure of the National Council.

(2) The Federal Act on the Rules of Procedure of the National Council can provide for further powers of the National Council to participate in the exercise of voting rights by Austrian representatives in the European Stability Mechanism.

(3) To participate in matters of the European Stability Mechanism, the committee of the National Council entrusted with the preliminary advice on federal financial laws elects permanent sub-committees. Each of these permanent sub-committees must have at least one member from each party represented on the main committee of the National Council. Responsibilities of the National Council according to Paragraph 2, Art. 50b and 50c can be assigned to these permanent sub-committees by the federal law on the National Council’s rules of procedure. The federal law on the rules of procedure of the National Council must ensure that the permanent sub-committees are convened and can meet at any time. If the National Council is dissolved by the Federal President in accordance with Art. 29 Paragraph 1,

Art. 51

text

Article 51.

(1) The National Council adopts the Federal Financial Framework Act and, within its limits, the Federal Financial Act; the deliberations are based on the respective draft of the federal government.

(2) The Federal Government shall submit the draft of a federal financial framework law or the draft of a federal law amending the federal financial framework law to the National Council annually at the latest by a date set in a federal law. The Federal Financial Framework Act must contain upper limits for the use of funds to be approved by the National Council in the respective Federal Financial Act for the following financial year and the next three financial years at the level of headings as well as the main features of the personnel plan; This does not apply to the use of funds for the repayment of financial debts and the cash liabilities incurred to temporarily strengthen the cash position, as well as the use of funds as a result of a capital exchange in currency exchange agreements.

(3) The Federal Government shall submit to the National Council the draft of a federal finance law for the following financial year at least ten weeks before the start of the financial year for which a federal finance law is to be passed. As an exception, the federal government can submit the draft of a federal finance law for the following and the next financial year, separated by year, to the National Council.

(4) If, by way of exception, a federal finance law is passed for the following and the following financial year, the draft of a federal law with which the federal finance law is amended is to be adopted by the federal government in the second half of the following financial year no later than ten weeks before the beginning of the next financial year To be submitted to the National Council. The changes to the Federal Finance Act contained therein must in any case relate to the next financial year. The draft is to be negotiated by the National Council by the end of the following financial year. Art. 51a paras. 1 and 2 apply accordingly.

(5) The Federal Finance Act must contain the federal budget and the personnel plan as an annex, as well as other essential fundamentals for budget management.

(6) The following applies to federal budget management:

1.

The upper limits of the categories of the Federal Financial Framework Act may neither be exceeded, nor may they be authorized to exceed them.

2.

The upper limits of the subdivisions of the Federal Financial Framework Act to be determined by a federal law in accordance with Paragraph 9 for the following financial year may not be exceeded, nor may they be authorized to exceed them, unless a federal law in accordance with Paragraph 9 provides that this Upper limits may be exceeded with the consent of the Federal Minister of Finance.

If, by way of exception, a federal finance law is passed for the following and subsequent financial year, the provisions of item 2 shall apply with the proviso that the upper limits specified in paragraph 2, last sentence, apply to the following and the following financial year.

(7) The upper limits of Paragraph 6 Z 1 and 2 can be exceeded in the following cases:

1.

In the event of imminent danger, an ordinance of the federal government in agreement with the committee of the National Council entrusted with the preliminary advice on federal finance laws may provide unpredictable and unavoidable additional funds up to a maximum of 2 percent of the amount provided for by the federal finance law, provided that coverage is ensured . If the committee of the National Council entrusted with the preliminary advice on federal finance laws does not make a decision within two weeks, the agreement is deemed to have been reached.

2.

In the event of a state of defense, for the purposes of comprehensive national defense (Art. 9a), unavoidable additional funds may be used within a financial year up to a total of 10% of the total amount provided for by the Federal Finance Act on the basis of a regulation of the Federal Government in agreement with the committee entrusted with the preliminary consultation of federal finance laws of the National Council. Insofar as the provision of such additional funds cannot be ensured through savings in funds or additional funds raised, the Federal Government Ordinance must authorize the Federal Minister of Finance to ensure the necessary provision of funds by entering into or converting financial debts.

(8) In the budget management of the federal government, the principles of impact orientation are to be observed, particularly taking into account the objective of actual equality between women and men, transparency, efficiency and the most faithful representation of the financial situation of the federal government.

(9) The more detailed provisions on the preparation of the Federal Financial Framework Act, the Federal Finance Act and other federal budget management are to be made according to uniform principles in accordance with the provisions of Paragraph 8 by federal law. In particular, the following are to be regulated:

1.

the measures for an impact-oriented administration, particularly taking into account the objective of real equality between women and men;

2.

the measures to ensure transparency, including the obligation to submit reports to the committee of the National Council entrusted with the preliminary advice on federal financial laws;

3.

Creation, structure and binding effect of the Federal Financial Framework Act;

4th

the structure of the federal budget;

5.

the binding effect of the Federal Finance Act, in particular in terms of time and amount;

6th

the justification of prior burdens, including the prerequisites for which prior burdens require an ordinance of the Federal Minister of Finance in agreement with the committee of the National Council entrusted with the preliminary consultation of federal financial laws or a legal authorization;

7th

the formation of positive and negative budgetary reserves;

8th.

Disposals of federal assets, including the prerequisites where dispositions of federal assets require an ordinance by the Federal Minister of Finance in agreement with the committee of the National Council entrusted with the preliminary advice on federal financial laws or a statutory authorization;

9.

the assumption of liability by the federal government;

10.

entering into and converting liabilities from raising funds that are not settled within the same financial year, or from long-term financing (financial debt);

11.

Incentive and sanction mechanisms;

12th

the controlling;

13th

the participation of the audit office in the order of the accounting

Art. 51a

text

Article 51a.

 (1) If the Federal Government has not submitted the draft of a federal financial framework law or a federal financial law to the National Council in good time (Art. 51, Paragraphs 2 and 3), a draft of a federal financial framework law or a federal financial law can also be submitted to the National Council upon application by its members.

(2) If the Federal Government submits the draft of a Federal Financial Framework Act or a Federal Financial Act after such an application has been submitted, the National Council may decide to base its deliberations on the respective draft.

(3) If the National Council has not passed a federal financial framework law in a financial year, the upper limits of the last financial year for which upper limits were set continue to apply.

(4) If the National Council has not passed a federal finance law for a financial year and does not make any provisional provisions by federal law, the federal budget is to be managed in accordance with the provisions of the most recently passed federal finance law. Financial debts can then only be entered into up to half of the maximum amounts provided and short-term obligations to temporarily strengthen the funds up to the maximum amounts provided.

Art. 51b

text

Article 51b.

 (1) The Federal Minister of Finance must ensure that the budgetary management first covers the obligations due and then the other funds are used, but only in accordance with the extent to which they can be covered and in compliance with the principles of Art. 51 Para.

(2) If the development of the federal budget requires it or if a significant change in the overall economic development becomes apparent in the course of the financial year, the Federal Minister of Finance may use a certain proportion of the funds provided for in the Federal Finance Act to control the federal budget with the consent of the Federal Government or on the basis of federal finance law authorization bind, provided that the fulfillment of due obligations of the federal government is not affected. He has to report to the committee of the National Council entrusted with the preliminary advice on federal finance laws within one month of the binding order.

(3) The Federal Minister of Finance must regularly inform the members of the Federal Government and the other budget-managing bodies about budget implementation.

Art. 51c

text

Article 51c.

 (1) Use of funds that are not provided for in the Federal Finance Act or that exceed the use of funds approved by the National Council may only be made within the framework of budget management on the basis of authorization under federal finance law.

(2) In the Federal Finance Act, the National Council may authorize the Federal Minister of Finance to agree to the use of funds provided for in the Federal Finance Act being exceeded. This authorization may only be granted if the excess is subject to conditions and is numerically determined or calculable. Furthermore, with the consent of the Federal Minister of Finance, the use of funds provided for in the Federal Finance Act may be exceeded if this

1.

due to a legal obligation,

2.

from an existing financial debt or on the basis of currency exchange agreements or

3.

on the basis of any other obligation that already existed at the time the Federal Finance Act came into force

become necessary. Approval based on the provisions of this paragraph may only be given in the event of an unforeseen requirement and only insofar as coverage is ensured and the respective binding upper limits according to Art. 51 Paragraphs 2 and 6 for the respective financial year are not exceeded. The Federal Minister of Finance can, in agreement with the responsible budgetary body, transfer the authorizations granted on the basis of the provisions of this paragraph to consent to exceeding the intended use of funds – with the exception of those in accordance with item 2 – to heads of departments, provided this is necessary for the implementation of an impact-oriented administration .

(3) The Federal Minister of Finance shall report quarterly to the National Council committee entrusted with the preliminary advice on federal finance laws on the measures taken in accordance with Paragraph 2.

Art. 51d

text

Article 51d.

(1) The National Council’s participation in budget management is the responsibility of the National Council’s committee entrusted with the preliminary advice on federal finance laws. This can delegate certain tasks to a permanent subcommittee, which is also responsible for participating in budget management if the National Council is dissolved by the Federal President in accordance with Art. 29 (1). The committee entrusted with the preliminary consultation of federal financial laws and its permanent subcommittee must also be convened outside of the National Council meetings (Art. 28) if the need arises. The federal law on the rules of procedure of the National Council contains more detailed provisions.

(2) Further reports going beyond Art. 51b para. 2 and 51c para. 3 are to be submitted to the National Council committee entrusted with the preliminary consultation of federal finance laws in accordance with special federal legal provisions.

Art. 52

text

Article 52.

 (1) The National Council and the Federal Council are authorized to review the management of the Federal Government, to question its members about all matters of enforcement and to request all relevant information and to express their wishes regarding the exercise of enforcement in resolutions.

(1a) The competent committees of the National Council and the Federal Council are authorized to demand the presence of the head of a body that is not subject to instructions in accordance with Art. 20, Paragraph 2 at the meetings of the committees and to question him on all matters of management.

(2) Control rights pursuant to Paragraph 1 also exist vis-à-vis the Federal Government and its members with regard to companies in which the Federal Government has a stake of at least 50% of the share capital, capital stock or equity capital and which are subject to the control of the Court of Auditors. The control of companies through other financial or other economic or organizational measures is equivalent to such a financial participation. This also applies to companies at any further level for which the requirements according to this paragraph are met.

(3) Each member of the National Council and the Federal Council is authorized to address brief oral questions to the members of the Federal Government at the meetings of the National Council or the Federal Council.

(4) The more detailed regulation with regard to the right to ask questions is made by the federal law on the rules of procedure of the National Council and by the rules of procedure of the Bundesrat.

Art. 52a

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Article 52a.

(1) The responsible committees of the National Council each elect a permanent subcommittee to review measures to protect the constitutional institutions and their ability to act, as well as intelligence measures to safeguard national military defense. Each subcommittee must have at least one member from each party represented on the main committee of the National Council.

(2) The standing sub-committees are authorized to demand all relevant information and inspection of the relevant documents from the competent federal ministers. This does not apply to information and documents, in particular about sources, the disclosure of which would endanger national security or the security of people.

(3) The standing sub-committees can also meet outside of the National Council meetings if the need arises.

(4) The Federal Act on the Rules of Procedure of the National Council contains more detailed provisions.

Art. 52b

text

Article 52b.

(1) The committee elects a permanent subcommittee in accordance with Art. 126d (2) to review a specific process in a matter of federal administration that is subject to the control of the Court of Auditors. At least one member of every party represented on the main committee of the National Council must belong to this subcommittee.

(2) The Federal Act on the Rules of Procedure of the National Council contains more detailed provisions.

Art. 53

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Article 53

(1) The National Council can set up committees of inquiry by resolution. In addition, a committee of inquiry must be set up at the request of a quarter of its members.

(2) The subject of the investigation is a specific completed process in the area of ​​federal enforcement. This includes all activities of federal organs through which the federal government exercises economic participation and supervisory rights, regardless of the size of the participation. A review of the jurisprudence is excluded.

(3) All federal, state, municipal and municipal bodies as well as other self-governing bodies must submit their files and documents to a committee of inquiry in the scope of the subject of the investigation upon request and to the request of an investigation committee to collect evidence in connection with the subject of the investigation Obey. This does not apply to the submission of files and documents, the disclosure of which would endanger sources within the meaning of Art. 52a (2).

(4) The obligation according to Paragraph 3 does not exist if the lawful decision-making process of the Federal Government or of its individual members or their immediate preparation is impaired.

(5) The Federal Act on the Rules of Procedure of the National Council contains more detailed provisions. In this, the participation of the members of the Ombudsman Board and special provisions on the representation of the chairman and the chairmanship can be provided. It must also provide to what extent the committee of inquiry can decide on coercive measures and request that they be ordered or carried out.

Art. 55

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Article 55.

 (1) The National Council elects the main committee from among its members in accordance with the principle of proportional representation.

(2) The main committee shall also be convened outside of the National Council meetings (Art. 28) if the need arises.

(3) The main committee elects a permanent sub-committee to which the powers provided for in this Act are incumbent. The election is based on the principle of proportional representation; however, if this principle is observed, the subcommittee must include at least one member from each party represented on the main committee. The federal law on the rules of procedure of the National Council has to make provision that the permanent subcommittee can be convened and meet at any time. If the National Council is dissolved by the Federal President in accordance with Article 29, Paragraph 1, the permanent subcommittee is responsible for participating in the implementation, which according to this law is otherwise due to the National Council (main committee).

(4) A federal law can stipulate that certain general acts of the federal government or a federal minister require the consent of the main committee and that reports are to be submitted to the main committee by the federal government or a federal minister. The federal law on the rules of procedure of the National Council contains more detailed provisions, in particular in the event that no agreement is reached.

(5) The approval of the main committee of the National Council is to be provided for the approval of the main committee of the National Council in the case of imminent danger and for the cancellation of the ordinances of the responsible Federal Minister on control measures to ensure undisturbed production or the supply of the population and other consumers with important economic and consumer goods such ordinances, special legal regulations can be made. Resolutions of the main committee with which such ordinances are approved can only be passed in the presence of at least half of its members and with a majority of two thirds of the votes cast.

Art. 56

text

F. Position of the members of the National Council and the Federal Council

Article 56

 (1) The members of the National Council and the members of the Federal Council are not bound by any mandate when exercising this profession.

(2) If a member of the Federal Government or a State Secretary has renounced his mandate as a member of the National Council, he is entitled to continue the administration after leaving this office, in the cases of Art. 71 after being relieved of his mandate to reassign the mandate to the responsible electoral authority if the person concerned has not waived his or her mandate to the electoral authority within eight days.

(3) With this reassignment, the mandate of that member of the National Council who held the mandate of the temporarily resigned member ends, unless another member of the National Council who later joined the National Council, when invoking his mandate from the same constituency, ends has made a declaration to the electoral authority that he wishes to act as a substitute for the temporarily resigned member of the National Council.

(4) Paragraphs 2 and 3 also apply if a member of the Federal Government or a State Secretary has not accepted the election as a member of the National Council.

Art. 57

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Article 57

(1) The members of the National Council may never be held responsible for voting in the exercise of their profession. Because of the oral or written statements made in this profession, they may only be held responsible by the National Council; this does not apply in the case of official prosecution for defamation or for an offense under the federal law on the information system of the National Council and the Federal Council.

(2) The members of the National Council may only be arrested for a criminal offense – with the exception of being caught in the act of committing a crime – only with the consent of the National Council. House searches of members of the National Council also require the consent of the National Council.

(3) Otherwise, members of the National Council may only be prosecuted for a criminal act without the consent of the National Council if this is obviously not related to the political activities of the MP in question. However, the authority must obtain a decision from the National Council on the existence of such a connection if requested by the relevant MP or one-third of the members of the standing committee entrusted with these matters. In the event of such a request, any official act of prosecution must cease immediately or be discontinued.

(4) The consent of the National Council is deemed to have been given in all of these cases if the National Council has not made a decision within eight weeks on a corresponding request from the authority appointed to prosecute; In order to ensure that the National Council takes a decision in good time, the President must put such a request to a vote no later than the penultimate day of this period. The conference-free time is not included in this period.

(5) If a person is caught in the act of committing a crime, the authority shall immediately notify the President of the National Council of the arrest that has taken place. If requested by the National Council or, during the non-conference period, by the standing committee entrusted with these matters, the detention must be lifted or prosecution ceased altogether.

(6) The immunity of the MPs ends on the day of the meeting of the newly elected National Council, in the case of organs of the National Council whose function extends beyond this point in time, when this function expires.

(7) The more detailed provisions are made in the Federal Act on the Rules of Procedure of the National Council.

Art. 58

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Article 58

 For the entire duration of their function, the members of the Federal Council enjoy the immunity of members of the state parliament that sent them.

Art. 59

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Article 59.

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

Art. 59a

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Article 59a.

 (1) When applying for a mandate in the National Council, the civil servant is to be granted the free time required to apply for the mandate.

(2) The civil servant who is a member of the National Council or the Federal Council shall, at his request, be taken off work or taken out of service to the extent necessary to exercise his mandate. During the time off work, the remuneration is due to the extent that corresponds to the work actually performed in the employment relationship, but no more than 75% of the remuneration; this limit also applies if neither the release from service nor the decommissioning is used. The decommissioning results in the loss of remuneration.

(3) If a public employee cannot be deployed at his previous place of work because of his mandate, he has the right to be assigned an activity that is reasonably equivalent – and with his consent, a non-equivalent activity. The salaries are based on the activity actually performed by the employee.

Art. 59b

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Article 59b.

(1) A commission is set up at the Parliamentary Directorate to monitor the remuneration of civil servants who have been elected as members of the National Council or the Federal Council. The commission consists of:

1.

one representative appointed by each President of the National Council,

2.

two representatives appointed by the chairman of the Federal Council with the consent of his deputy,

3.

two representatives of the countries,

4th

two representatives of the municipalities and

5.

a member who previously held a judicial office.

The members according to Z 3 to 5 are to be appointed by the Federal President, whereby the Federal Government in its proposals (Art. 67) in the case of Z 3 to a joint proposal of the provincial governors and in the case of Z 4 to a proposal of the Austrian Association of Municipalities and to one Proposal of the Austrian Association of Cities is bound. The members of the commission according to items 1 to 4 must be persons who previously performed a function within the meaning of Art. 19 Para. Anyone who pursues an occupation with gainful intent cannot be a member of the commission. Membership in the commission ends with a legislative period, but not before the new member is named or appointed.

(2) At the request of a civil servant who is a member of the National Council or the Federal Council, or at the request of his service authority, the commission shall issue an opinion on differences of opinion that arise in the implementation of Art. 59a or in its implementation of statutory provisions between the civil servant and his service authority arise. The commission also issues opinions on such differences of opinion between a judge and a senate or a commission within the meaning of Art. 87 para. 2 as well as on differences of opinion between a member of the National Council or the Federal Council and the President of the National Council in implementation of Art. 30 para. 3 from.

(3) The member of the National Council or the Federal Council who is a public servant is obliged to notify the Commission annually of the arrangements it has made regarding its release from service or retirement in accordance with Art. 59a and how the work to be performed is being checked . Article 53 (3) applies accordingly to surveys by the commission. The Commission adopts its rules of procedure. The commission has to submit an annual report to the National Council – as far as members of the Federal Council are concerned, the Federal Council – which is to be published.

Art. 60

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Third chapter

Execution of the federal government

A. Administration

1st Federal President

Article 60.

(1) The Federal President is elected by the federal people on the basis of the same, direct, personal, free and secret suffrage of the men and women entitled to vote in the National Council; If only one candidate stands for election, the election must be carried out in the form of a vote. Art. 26 paras. 5 to 8 shall apply accordingly.

(2) Whoever has more than half of all valid votes is elected. If there is no such majority, a second ballot will take place. Votes can validly only be cast for one of the two candidates who received the most votes in the first ballot.

(3) Only those who are eligible for election to the National Council and who have reached the age of 35 on election day can be elected as Federal President.

(4) The result of the election of the Federal President is to be officially announced by the Federal Chancellor.

(5) The office of the Federal President lasts six years. Re-election for the immediately following term of office is only permitted once.

(6) Before the end of the term of office, the Federal President can be removed by referendum. The referendum must be held if the Federal Assembly so requests. The Federal Assembly must be convened for this purpose by the Federal Chancellor if the National Council has decided on such a proposal. For a decision by the National Council, the presence of at least half of the members and a majority of two thirds of the votes cast is required. Such a decision by the National Council prevents the Federal President from further exercising his office. The rejection of the dismissal by the referendum is considered a new election and results in the dissolution of the National Council (Art. 29 Para. 1). In this case too, the entire term of office of the Federal President may not last more than twelve years.

Art. 61

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Article 61

 (1) During his official activity, the Federal President may not belong to any general representative body, exercise any other profession and must be eligible for election to the National Council.

(2) The title “Federal President” may not be used by anyone else – even with an addition or in connection with other designations. It is protected by law.

Art. 62

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Article 62

 (1) On assuming his office, the Federal President makes the pledge to the Federal Assembly:

“I vow that I will faithfully observe the constitution and all laws of the republic and will fulfill my duty to the best of my knowledge and belief.”

(2) It is permissible to add a religious affirmation.

Art. 63

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Article 63

 (1) Official prosecution of the Federal President is only permitted if the Federal Assembly has given its consent.

(2) The application for prosecution of the Federal President must be submitted by the competent authority to the National Council, which decides whether the Federal Assembly is to deal with it. If the National Council is in favor, the Federal Chancellor must convene the Federal Assembly immediately.

Art. 64

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Article 64

(1) If the Federal President is unable to attend, all of his functions are initially transferred to the Federal Chancellor. A stay in another member state of the European Union does not count as prevention. However, if the prevention lasts longer than 20 days, or if the Federal President is prevented from further exercising his office pursuant to Art. 60, Paragraph 6, the President, the second President and the third President of the National Council exercise the functions of the Federal President as a college. The same applies if the Federal President’s position is permanently closed.

(2) The committee entrusted with the exercise of the function of the Federal President in accordance with Paragraph 1 decides with a majority of votes. The chairmanship of the college is incumbent on the President of the National Council, as is its representation in public.

(3) If one or two of the Presidents of the National Council are prevented from doing so, or if their position is permanently discharged, the College remains quorate even without their participation; if this results in a tie, the vote of the higher-ranking president decides.

(4) In the event that the position of the Federal President is continuously being carried out, the Federal Government shall immediately order the election of the new Federal President; After the election, the College must immediately convene the Federal Assembly to swear in the Federal President.

Art. 65

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Article 65

(1) The Federal President represents the republic externally, receives and certifies the envoys, approves the appointment of foreign consuls, appoints the consular representatives of the republic abroad and concludes international treaties. On the occasion of the conclusion of an interstate treaty not falling under Art. 50 or an interstate treaty pursuant to Art. 16, Paragraph 1, which is neither amending nor supplementing the law, it may order that this international treaty is to be fulfilled by issuing ordinances.

(2) In addition to the powers conferred on him under other provisions of this Constitution, he is entitled to:

a)

the appointment of federal civil servants, including officers, and other federal officials, the award of official titles to such;

b)

the creation and award of professional titles;

c)

For individual cases: the pardon of those convicted by the courts, the mitigation and conversion of the penalties pronounced by the courts, the forbearance of legal consequences and the elimination of convictions by pardon, furthermore the suppression of criminal proceedings in the case of criminal acts to be prosecuted ex officio ;

d)

the declaration of illegitimate children to marry at the request of the parents.

(3) The extent to which the Federal President also has powers with regard to the granting of honorary rights, extraordinary benefits, allowances and pension benefits, rights of appointment or confirmation and other powers in personnel matters is determined by special laws.

Art. 66

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Article 66

 (1) The Federal President may delegate the right to appoint federal officials of certain categories to the competent members of the Federal Government and authorize them to delegate this power for certain categories of federal officials to subordinate bodies.

(2) The Federal President may authorize the Federal Government or the competent members of the Federal Government to conclude certain categories of international treaties which fall neither under Article 16, Paragraph 1 nor Article 50; Such an authorization also extends to the authority to order that these international treaties are to be fulfilled by issuing ordinances.

(3) The Federal President can authorize the state government to conclude state treaties in accordance with Article 16, Paragraph 1, which neither amend nor supplement the law, on the proposal of the state government and with the countersignature of the state governor; Such an authorization also extends to the authority to order that this international treaty is to be fulfilled by issuing ordinances.

Art. 67

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Article 67

(1) Unless otherwise stipulated in the constitution, all acts of the Federal President are made on the proposal of the Federal Government or the Federal Minister authorized by it. The extent to which the federal government or the responsible federal minister is themselves bound by suggestions from other bodies is determined by the law.

(2) Unless otherwise provided by constitutional law, all acts of the Federal President require the countersignature of the Federal Chancellor or the responsible Federal Minister to be valid.

Art. 67a

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Article 67a.

(1) The Presidential Chancellery, which reports to the Federal President, is appointed to support the Federal President in carrying out his official business. The details of the course of business in the presidential office can be regulated by rules of procedure to be issued by the Federal President.

(2) Art. 67 does not apply to the issuing of the rules of procedure of the presidential chancellery, to the appointment of employees of the presidential chancellery and the awarding of official titles to them, as well as to acts of the Federal President in exercise of the authority to serve them.

Art. 68

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Article 68

 (1) The Federal President is responsible for exercising his functions of the Federal Assembly in accordance with Art. 142.

(2) In order to assert this responsibility, the Federal Assembly shall be convened by the Federal Chancellor by resolution of the National Council or the Federal Council.

(3) A resolution that brings an indictment within the meaning of Art. 142 requires the presence of more than half of the members of each of the two representative bodies and a majority of two thirds of the votes cast.

(4) The procedure pursuant to Art. 141 Para. 1 lit. d, Paragraphs 2 and 3 apply accordingly.

Art. 69

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2. Federal Government

Article 69

(1) The Federal Chancellor, the Vice Chancellor and the other Federal Ministers are entrusted with the highest administrative business of the Federation, insofar as these have not been entrusted to the Federal President. In their entirety, they form the Federal Government chaired by the Federal Chancellor.

(2) The Vice Chancellor is appointed to represent the Federal Chancellor in his entire sphere of activity. If the Federal Chancellor and the Vice Chancellor are unable to attend at the same time, the Federal Chancellor is represented by the most senior member of the Federal Government, with the same seniority, by the oldest member of the Federal Government who has not been prevented from doing so.

(3) The Federal Government adopts its resolutions unanimously. Resolutions can be passed in circulation or in a video conference. If the Federal Government meets in the personal presence of its members, it has a quorum if more than half of its members are present.

Art. 70

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Article 70

(1) The Federal Chancellor and, on his proposal, the other members of the Federal Government are appointed by the Federal President. A proposal is not required to dismiss the Federal Chancellor or the entire Federal Government; the dismissal of individual members of the Federal Government takes place on the proposal of the Federal Chancellor. In the case of the appointment of the Federal Chancellor or the entire Federal Government, the countersignature is made by the newly appointed Federal Chancellor; dismissal does not require countersigning.

(2) The members of the Federal Government do not have to belong to the National Council, but must be eligible for election to the National Council.

(3) If the Federal President appoints a new Federal Government at a time when the National Council is not in session, he must convene the National Council for the purpose of presenting the new Federal Government to an extraordinary meeting (Art. 28 Paragraph 2), as follows that the National Council meets within a week.

Art. 71

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Article 71

If the Federal Government has left office, the Federal President must entrust members of the outgoing Federal Government with the continuation of the administration and one of them with the chairmanship of the provisional Federal Government until the new Federal Government is formed. A State Secretary attached to the resigned Federal Minister or a senior official of the Federal Ministry concerned can also be entrusted with the continuation of the administration. This provision applies mutatis mutandis if individual members have left the Federal Government. The person in charge of continuing the administration bears the same responsibility as a federal minister (Art. 76).

Art. 72

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Article 72

(1) The members of the Federal Government are sworn in by the Federal President before taking up their office. It is permissible to add a religious statement.

(2) The documents of appointment of the Federal Chancellor, the Vice Chancellor and the other Federal Ministers are issued by the Federal President on the day of the inauguration and countersigned by the newly appointed Federal Chancellor.

(3) These provisions shall apply mutatis mutandis to the cases of Art. 71.

Art. 73

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Article 73

(1) In the event of a federal minister being temporarily prevented from doing so, he shall, in agreement with another federal minister, commission him, a state secretary attached to him or a senior official of the federal ministry concerned to represent him; The Federal President and the Federal Chancellor are to be brought to the attention of the Federal President and the Federal Chancellor of any such assignment of representation. A stay in another member state of the European Union does not count as prevention. If a federal minister is unable to issue a representation mandate within the meaning of the first sentence, the federal chancellor, in agreement with the vice-chancellor, commissions another federal minister, a state secretary attached to the prevented federal minister or a senior official of the federal ministry concerned to represent him; The Federal President is to be brought to the attention of the Federal President of any such assignment of representation. The representative of a federal minister has the same responsibility as a federal minister (Art. 76).

(2) The competent Federal Minister may delegate the authority to participate in the meetings of the Council and, within this framework, to negotiate and to cast the vote on a specific project, to another Federal Minister or to a State Secretary.

(3) A member of the Federal Government who is in another member state of the European Union can have his affairs in the National Council or Federal Council dealt with by a State Secretary attached to him or another Federal Minister. A member of the federal government who is not represented can transfer his voting right in the federal government to another federal minister; this does not affect his responsibility. The right to vote can only be assigned to a member of the Federal Government who has not already been entrusted with representing another member of the Federal Government and who has not already been assigned voting rights.

Art. 74

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Article 74

 (1) If the National Council refuses to trust the Federal Government or any of its members by express resolution, the Federal Government or the Federal Minister concerned shall be removed from office.

(2) The presence of half of the members of the National Council is required for a decision by the National Council that denies trust. However, if the number of members stipulated in the federal law on the rules of procedure of the National Council requires that the vote be postponed to the next working day. A renewed postponement of the vote can only take place by resolution of the National Council.

(3) Without prejudice to the authority otherwise entitled to the Federal President under Article 70, Paragraph 1, the Federal Government or its individual members shall be removed from office by the Federal President in the cases specified by law or at their request.

Art. 75

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Article 75

The members of the Federal Government and the State Secretaries are entitled to participate in all negotiations of the National Council, the Federal Council and the Federal Assembly as well as the committees (sub-committees) of these representative bodies, but in negotiations of the permanent sub-committee of the Main Committee and the investigative committees of the National Council only upon special invitation. According to the more detailed provisions of the Federal Act on the Rules of Procedure of the National Council and the Rules of Procedure of the Federal Council, they have the right to be heard every time they request. The National Council, the Federal Council and the Federal Assembly and their committees (sub-committees) can request the presence of the members of the Federal Government and ask them to initiate surveys.

Art. 76

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Article 76

 (1) The members of the Federal Government (Art. 69 and 71) are responsible to the National Council according to Art. 142.

(2) A resolution bringing an indictment under Article 142 requires the presence of more than half of the members.

Art. 77

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Article 77

 (1) The federal ministries and the offices subordinate to them are appointed to conduct the business of the federal administration.

(2) The number of federal ministries, their areas of activity and their institutions are determined by federal law.

(3) The Federal Chancellor is entrusted with the management of the Federal Chancellery and one Federal Minister is entrusted with the management of the other Federal Ministries. The Federal President can delegate the technical management of certain matters belonging to the sphere of activity of the Federal Chancellery, including the tasks of personnel administration and organization, to their own Federal Ministers, irrespective of their continued membership in the Federal Chancellery such federal ministers have the position of a competent federal minister with regard to the matters concerned.

(4) The Federal Chancellor and the other Federal Ministers can exceptionally be entrusted with the management of a second Federal Ministry.

Art. 78

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Article 78

(1) In special cases, federal ministers can also be appointed to head a federal ministry without being entrusted at the same time.

(2) State secretaries may be added to the federal ministers to support the management and parliamentary representation, who are appointed under the same conditions and in the same way as the federal ministers and who leave office. In agreement with the Vice Chancellor, who is entrusted with the management of a federal ministry, the Federal Chancellor can have his affairs in the National Council and in the Federal Council handled by a State Secretary who is attached to the latter. The Vice Chancellor, who is entrusted with the management of a Federal Ministry, can have his affairs in the National Council and in the Federal Council, with the consent of the Federal Chancellor, handled by a State Secretary who is attached to the latter.

(3) The Federal Minister may, with his consent, entrust the State Secretary with the execution of certain tasks. The State Secretary is also subordinate to the Federal Minister when performing these tasks and is bound by his instructions.

Art. 78a

text

3. Federal security authorities

Article 78a.

(1) The highest security authority is the Federal Minister of the Interior. The state police departments are subordinate to it, and the district administrative authorities are subordinate to them as security authorities.

(2) If the life, health, freedom or property of people are currently endangered or if such a danger is imminent, the security authorities, regardless of the competence of another authority to avert the danger, are to provide first general assistance until the respective competent authority intervenes responsible.

(3) To what extent organs of the municipalities have to intervene as security authorities, the federal laws determine.

Art. 78b

text

Article 78b.

(1) There is a state police department for each country. At its head is the State Police Director. The provincial police director of the provincial police department Vienna bears the functional designation “provincial police president”.

(2) The Federal Minister of the Interior appoints the State Police Director in agreement with the State Governor.

(3) The Federal Minister of the Interior shall notify the governor of any instructions that are politically important or relevant to the maintenance of public calm, order and security throughout the state and which he issues to a state police director.

Art. 78c

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Article 78c.

The extent to which the state police department is also the first instance security authority for the area of ​​a municipality is regulated by federal law. For Vienna, the state police department is also the first instance security authority.

Art. 78d

text

Article 78d.

(1) Guard bodies are armed or uniformed formations or formations set up in any other way according to a military model, to which tasks of a police nature are assigned. The guards do not include in particular: The security personnel deployed to protect individual branches of the national culture, such as agriculture and forestry (field, field and forest protection), mining, hunting, fishing or other water authorizations, the organs of the Market supervision, the fire department.

(2) A guard may not be set up by another regional authority for the area of ​​a municipality in which the state police headquarters are also the security authority of the first instance.

Art. 79

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4. Federal Army

Article 79

(1) The armed forces are responsible for national military defense. It is to be set up according to the principles of a militia system.

(2) The armed forces are, insofar as the lawful civil power makes use of its participation, also determined

1.

also beyond the field of military national defense

a)

to protect the constitutional institutions and their capacity to act as well as the democratic freedoms of the residents

b)

to maintain order and security inside in general;

2.

to provide assistance in the event of natural disasters and accidents of extraordinary magnitude.

(3) Further tasks of the Federal Army are regulated by the Federal Constitutional Act.

(4) The Armed Forces Act determines which authorities and organs can directly avail themselves of the involvement of the Federal Armed Forces for the purposes mentioned in Paragraph 2.

(5) Independent military intervention for the purposes mentioned in Paragraph 2 is only permitted if either the competent authorities are unable to bring about military intervention due to force majeure and, if the delay is continued, irreparable damage to the general public would occur, or if it is a question of rejecting an assault or removing violent resistance directed against a department of the Federal Army.

Art. 80

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Article 80

 (1) The Federal President is in command of the Federal Army.

(2) Insofar as the Federal President does not dispose of the army under the Defense Act, the competent Federal Minister is entitled to dispose within the authorization granted by the Federal Government.

(3) The competent Federal Minister (Art. 76, Paragraph 1) exercises the authority over the Federal Army.

Art. 81

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Article 81

 Federal law regulates the extent to which the states participate in the supplementation, catering and accommodation of the army and the provision of its other requirements.

Art. 81c

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5. Universities

Article 81c.

(1) The public universities are places of free scientific research, teaching and development of the arts. They act autonomously within the framework of the law and can issue statutes. The members of university collegiate bodies are not subject to instructions.

(2) Federal law can stipulate that the activity at the university as well as the participation in bodies of the university and the student council of persons who do not have Austrian citizenship is permitted.

(Note: Paragraph 3 repealed by Federal Law Gazette I No. 51/2012 )

Art. 82

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B. Ordinary Jurisdiction

Article 82

 (1) Ordinary jurisdiction comes from the federal government.

(2) The judgments and findings are announced and executed in the name of the Republic.

Art. 83

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Article 83

(1) The organization and jurisdiction of the ordinary courts are regulated by federal law. The district courts are to be determined by ordinance of the federal government.

(2) Nobody may be withdrawn from their legal judge.

(Note: Paragraph 3 repealed by Art. IZ 1 BGBl. No. 73/1968 )

Art. 84

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Article 84

 The military jurisdiction is – except for wartime – abolished.

Art. 85

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Article 85

 The death penalty has been abolished.

Art. 86

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Article 86

(1) Unless otherwise stipulated in this Act, the judges are appointed by the Federal President in accordance with the application of the Federal Government or by the competent Federal Minister on the basis of his authorization; the federal government or the federal minister must obtain proposals for appointments from the senates appointed for this purpose by federal law.

(2) If there are enough applicants, the appointment proposal to be submitted to the competent Federal Minister and to be directed by him to the Federal Government must comprise at least three persons, but if more than one position is to be filled, at least twice as many persons as judges to be appointed.

Art. 87

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Article 87

 (1) The judges are independent in the exercise of their judicial office.

(2) In exercising his judicial office, a judge is responsible for all judicial business to which he is entitled under the law and the distribution of business, with the exclusion of judicial administrative matters that are not to be dealt with by senates or commissions according to the provisions of the law.

(3) Business is to be distributed in advance to the judges of the ordinary court for the time specified by federal law. A matter that falls to a judge after this division of responsibilities may only be removed from him by order of the Senate appointed for this purpose by federal law and only if he is prevented from doing so or if he is prevented from completing them within a reasonable period due to the scope of his tasks.

Art. 87a

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Article 87a.

 (1) By federal law, the handling of individual, precisely specified types of business can be assigned to the jurisdiction of the first instance to specially trained non-judicial federal employees.

(2) The judge responsible for the division of business can, however, reserve the right to deal with such business at any time, or take it over to himself.

(3) When carrying out the business referred to in paragraph 1, the non-judicial federal employees are only bound by the instructions of the judge who is responsible for the division of business. Art. 20 para. 1 third sentence applies.

Art. 88

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Article 88

 (1) An age limit is determined by federal law, upon which the judges enter permanent retirement.

(2) For the rest, judges may only be dismissed or transferred to another position or into retirement against their will in the cases and forms prescribed by law and on the basis of a formal judicial decision. However, these provisions do not apply to translations and retirement that are made necessary by a change in the organization of the courts. In such a case, the law determines the period within which judges can be translated and retired without the otherwise prescribed formalities.

(3) The temporary removal of judges from office may only take place by order of the head of the court or court president or the higher court authority with simultaneous referral of the matter to the competent court.

Art. 88a

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Article 88a.

A federal law can stipulate that posts for district judges can be provided at a higher-level ordinary court. The number of demolition judges may not exceed 3% of the judges’ positions in the subordinate courts. The use of the district judges in the subordinate ordinary courts and, if applicable, in the higher ordinary court itself is determined by the Senate of the higher ordinary court appointed by federal law. District judges may only be entrusted with the representation of judges of subordinate ordinary courts or of judges of the higher ordinary court themselves and only if these judges are prevented or then,

Art. 89

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Article 89

 (1) Unless otherwise provided in the following paragraphs, the ordinary courts are not entitled to review the validity of properly announced ordinances, announcements about the re-promulgation of a law (state treaty), laws and state treaties.

(2) Has an ordinary court objections to the application of an ordinance on the grounds of unlawfulness, a proclamation on the republication of a law (state treaty) on the grounds of unlawfulness, a law on the grounds of unconstitutionality, or an international treaty on the grounds of unlawfulness , it has to apply to the Constitutional Court to repeal this legal provision.

(3) If the legal provision to be applied by the ordinary court has already expired, the application of the ordinary court to the Constitutional Court shall seek a decision that the legal provision was illegal, unconstitutional or unlawful.

(4) Federal law shall determine what effects an application pursuant to Paragraph 2 or 3 has for the proceedings pending before the ordinary court.

Art. 90

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Article 90.

(1) The negotiations in civil and criminal law matters before the judging ordinary court are verbal and public. The law determines exceptions.

(2) In criminal proceedings, the indictment process applies.

Art. 90a

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Article 90a.

Public prosecutors are organs of the ordinary judiciary. They perform investigative and prosecuting functions in proceedings relating to acts that are threatened with a judicial penalty. The more detailed regulations regarding their binding to the instructions of their superiors are made by federal law.

Art. 91

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Article 91

 (1) The people have to participate in the judiciary.

(2) In the case of crimes threatened with severe penalties, which the law must designate, as well as all political crimes and misdemeanors, juries decide on the guilt of the accused.

(3) In criminal proceedings for other criminal acts, lay judges take part in the adjudication if the penalty to be imposed exceeds a level to be determined by law.

Art. 92

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Article 92

 (1) The highest instance in civil and criminal matters is the Supreme Court.

(2) Members of the federal government, a state government, a general representative body or the European Parliament cannot belong to the Supreme Court; For members of a general representative body or of the European Parliament who have been elected for a specific legislative or functional period, the incompatibility continues until the end of the legislative or functional period, even if the mandate is prematurely waived. No person can be appointed President or Vice-President of the Supreme Court of Justice who has exercised one of the functions just mentioned in the past five years.

Art. 93

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Article 93

 Amnesties for criminal offenses are granted by federal law.

Art. 94

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Article 94

 (1) The judiciary is separate from the administration in all instances.

(2) By federal or state law, instead of filing a complaint with the administrative court, the administrative authority may provide for a appeal to the ordinary courts. In matters of federal execution that are not directly handled by federal authorities, as well as in matters of Art. 11, 12, 14 para. 2 and 3 and 14a para. 3 and 4, federal laws according to the first sentence may only be with the consent of Countries are announced. For state laws according to the first sentence, Art. 97, Paragraph 2 applies accordingly.

Art. 95

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Fourth Chapter

Legislation and enforcement of the states

A. General provisions

Article 95

(1) The legislation of the states is exercised by the state parliaments. The state parliaments are elected on the basis of the same, direct, personal, free and secret suffrage of male and female citizens entitled to vote according to the state election regulations according to the principles of proportional representation. The state constitution can provide that citizens who had a place of residence in the state before moving their main residence abroad are entitled to vote in the state parliament for the duration of their stay abroad, but for a maximum of ten years.

(2) The state election regulations may not draw the conditions of the right to vote and the eligibility of elections more narrowly than the Federal Constitution for elections to the National Council and the conditions of eligibility not further than the federal legal provisions for elections to the National Council.

(3) The voters exercise their right to vote in constituencies, each of which must encompass a closed area and which can be divided into spatially closed regional constituencies. The number of representatives is to be distributed among the constituencies in proportion to the number of citizens. The state election regulations can provide for a final preliminary investigation in the entire state territory, through which both the allocation of the campaigning parties in the constituencies and a division of the not yet allocated mandates takes place according to the principles of proportional representation. A division of the electorate into other electoral bodies is not permitted.

(4) The more detailed provisions on the electoral procedure are made by the state election regulations. Art. 26 para. 6 is to be applied accordingly.

(5) For public employees who apply for a mandate in the state parliament or who are elected as members of a state parliament, Art. 59a applies, stricter regulations are permissible. A state constitutional law can create a body with the same powers and the same obligation to publish a report as those of the commission according to Art.

Art. 96

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Article 96

(1) The members of the Landtag enjoy the same immunity as the members of the National Council; the provisions of Art. 57 apply mutatis mutandis.

(2) The provisions of Articles 32 and 33 also apply to the meetings of the state parliaments and their committees.

(3) A provincial law can provide a regulation corresponding to Art. 56 Paragraphs 2 to 4 for members of the Landtag who renounce their mandate due to their election to the Bundesrat or to the Land government.

Art. 97

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Article 97.

 (1) A state law requires the resolution of the state parliament, the authentication and countersignature in accordance with the provisions of the state constitution and the announcement by the governor in the state law gazette.

(2) Insofar as a state law provides for the involvement of federal bodies in the implementation, the approval of the federal government must be obtained.

(3) If the immediate adoption of measures that constitutionally require a resolution by the state parliament is necessary to avert obvious, irreparable damage to the general public at a time when the state parliament cannot meet in time or in its activities by higher ones Violence is hindered, the state government, in agreement with a committee of the state parliament appointed according to the principle of proportional representation, can take these measures through provisional law-amending ordinances. The state government must immediately bring them to the attention of the federal government. As soon as the obstacle to the meeting of the Landtag no longer exists, it must be convened. Art. 18 para. 4 applies accordingly.

(4) The ordinances referred to in Paragraph 3 must in any case not mean an amendment of the state constitutional provisions and neither a permanent financial burden on the state, nor a financial burden on the federal government or the municipalities, nor financial obligations of citizens, nor a sale of state assets Have measures in matters of the chambers for workers and employees in the agricultural and forestry field.

Art. 98

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Article 98

To the extent that a statutory resolution requires the approval of the Federal Government, it must be notified to the Federal Chancellery by the Governor immediately after the resolution of the State Parliament. Approval is deemed to have been given if the Federal Government has not informed the Governor that approval will be refused within eight weeks of the day on which the resolution was received by the Federal Chancellery. Before this period has expired, the resolution of the law may only be announced if the Federal Government has given its express consent.

Art. 99

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Article 99.

 (1) The state constitution to be enacted by the state constitutional law can, insofar as this does not affect the federal constitution, be amended by the state constitutional law.

(2) A Land constitutional law can only be passed if half of the members of the Landtag are present and with a majority of two thirds of the votes cast.

Art. 100

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Article 100.

(1) Each Landtag can be dissolved by the Federal President at the request of the Federal Government with the consent of the Bundesrat; however, such a dissolution may only be ordered once for the same reason. The approval of the Federal Council must be passed with half of the members present and with a majority of two thirds of the votes cast. The representatives of the state whose state parliament is to be dissolved may not take part in the vote.

(2) In the event of dissolution, new elections are to be announced within three weeks in accordance with the provisions of the state constitution; the convening of the newly elected state assembly must take place within four weeks of the election.

Art. 101

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Article 101

 (1) The execution of each Land is exercised by a Land Government to be elected by the Landtag.

(2) The members of the state government do not have to belong to the state parliament, but must be eligible for election to the state parliament.

(3) The state government consists of the state governor, the required number of deputies and further members.

(4) The governor is sworn to the federal constitution by the federal president, the other members of the provincial government are sworn in by the governor before taking office. It is permissible to add a religious statement.

Art. 102

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Article 102

(1) In the area of ​​the states, the execution of the federal government, insofar as no separate federal authorities exist (direct federal administration), are carried out by the governor and the state authorities subordinate to him (indirect federal administration). Insofar as federal authorities are entrusted with the execution of matters that are dealt with in indirect federal administration, these federal authorities are subject to the governor in the matters concerned and are bound by his instructions (Art. 20, Paragraph 1); Federal laws determine whether and to what extent such federal authorities are entrusted with acts of enforcement; unless it is a matter of entrusting the execution of matters listed in Paragraph 2, they may only be made known with the consent of the countries involved.

(2) The following matters can be dealt with directly by federal authorities within the scope of the constitutionally established scope:

Boundary marking; Trade in goods and livestock abroad; Customs; Regulation and monitoring of entry into and exit from the federal territory; Right of residence for reasons worthy of consideration; Passport; Residence ban, expulsion and deportation; Asylum; Delivery; Federal finances; Monopoly being; Money, credit, stock exchange and banking; Measurement and weight, standards and hallmarking; Judicial system; Press; Maintaining public peace, order and security, including first general aid, but with the exception of the local security police; Association and assembly law; Aliens Police and Registration System; Arms, ammunition and explosives, gunnery; Antitrust law; Patents and protection of designs, trademarks and other trade names; Transportation; Electricity and Shipping Police; Post and telecommunications; Mining; Regulation and maintenance of the Danube; Torrent control; Construction and maintenance of waterways; Surveying; Employment Law; Social and contract insurance; Care allowance; Social compensation law; Business transactions with seeds and plants, animal feed, fertilizers and plant protection products as well as plant protection equipment, including approval and, in the case of seeds and plants, also approval Monument protection; general matters relating to the protection of personal data; Organization and management of the Federal Police; military affairs; Community service matters; Population policy; agricultural and forestry schooling and education in the matters of Art. 14a Paragraph 2 as well as central teaching institutions; University and higher education as well as the education system relating to dormitories in these matters; Compulsory training for young people; public procurement.

(3) The federal government reserves the right to commission the governor to implement the federal government in the matters listed in paragraph 2.

(4) The establishment of separate federal authorities for matters other than those specified in Paragraph 2 can only take place with the consent of the Länder involved.

(5) If, in matters of direct federal administration, the immediate adoption of measures to avert obvious, irreparable damage to the general public becomes necessary at a time when the highest organs of the administration of the federal government are unable to do so due to force majeure are able, the governor must take the measures in their place.

Art. 103

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Article 103

(1) In matters of indirect federal administration, the governor is bound by the instructions of the federal government and the individual federal ministers (Art. 20) and is obliged to implement such instructions, including those which he or she in his capacity as an organ of the independent sphere of activity of To apply the means available in the country.

(2) When drawing up its rules of procedure, the state government can resolve that individual groups of matters of the indirect federal administration are to be managed by members of the state government in the name of the governor because of their factual connection with matters of the independent sphere of activity of the state. In these matters, the members of the state government concerned are bound by the instructions of the governor (Art. 20) just as the governor is bound by the instructions of the federal government or the individual federal ministers.

(3) Instructions issued by the Federal Government or the individual Federal Ministers in accordance with Paragraph 1 are also to be addressed to the Governor in cases under Paragraph 2. If he does not manage the relevant matter of the indirect federal administration himself, he is obliged under his responsibility (Art. 142 Para. 2 lit. e) to pass on the instructions to the relevant member of the state government immediately and unchanged in writing and theirs Monitor implementation. If the instruction is not followed, despite the fact that the governor has taken the necessary precautions, the relevant member of the state government is also responsible to the federal government in accordance with Art. 142.

(Note: Paragraph 4 repealed by Federal Law Gazette I No. 51/2012 )

Art. 104

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Article 104

 (1) The provisions of Art. 102 do not apply to institutions for carrying out the federal business referred to in Art.

(2) The federal ministers entrusted with the administration of the federal assets can, however, entrust such business to the governor and the authorities in the state subordinate to him. Such a transfer can be revoked in whole or in part at any time. The extent to which, in special exceptional cases, the federal government will reimburse the costs incurred in handling such business is determined by federal law. Art. 103 paras. 2 and 3 apply accordingly.

Art. 105

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Article 105

(1) The governor represents the state. In matters of indirect federal administration, he is responsible to the federal government in accordance with Art. 142. The governor is represented by the member of the provincial government appointed by the provincial government (deputy governor). This appointment must be brought to the attention of the Federal Chancellor. If the case of representation occurs, the member of the state government appointed to represent is also responsible to the federal government in accordance with Art. 142 with regard to matters of indirect federal administration. The assertion of such a responsibility by the governor or the member of the provincial government representing him does not stand in the way of immunity.

(2) The members of the state government are responsible to the state parliament in accordance with Art.

(3) Half of the members are required to be present in order to pass a resolution bringing an indictment within the meaning of Art. 142.

Art. 106

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Article 106

A legally qualified employee of the office of the state government is appointed as the state office director to manage the internal service of the office of the state government. It is also the governor’s auxiliary body in matters of indirect federal administration.

Art. 108

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B. The federal capital Vienna

Article 108

 For the federal capital Vienna as a state, the municipal council also has the function of the state parliament, the city senate also the function of the state government, the mayor also the function of the provincial governor, the magistrate also the function of the office of the state government and the magistrate director also the function of the state office director.

Art. 109

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Article 109

 Art. 102 para. 1 applies to the federal capital Vienna with the proviso that the execution of the federal government, unless there are separate federal authorities (direct federal administration), is carried out by the mayor as governor and the subordinate magistrate as district administrative authority (indirect federal administration).

Art. 112

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Article 112

In accordance with Art. 108 and 109, the provisions of Section A of the sixth main part apply to the federal capital Vienna with the exception of Art. 117, Paragraph 6, second sentence, Art. 119, Paragraph 4 and Art. 119a. Art. 142 para. 2 lit. e also applies to the management of the sphere of activity transferred by the federal government to the federal capital Vienna.

Art. 113

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Fifth Chapter

Enforcement in the field of schooling and education

Article 113

(1) The execution in the field of schooling and in the field of education in matters of student dormitories according to Art. 14, but with the exception of kindergarten and after-school care according to Art. 14 Para. 4 lit. b, is to be obtained from the responsible federal minister and – insofar as it is not a central teaching institution – from the education directorates subordinate to the responsible federal minister.

(2) Notwithstanding Paragraph 1, in matters of execution according to Art. 14 Paragraph 2, Paragraph 3 lit. a and b as well as para. 4 lit. a according to the more detailed provisions of the state constitution, the state government or individual members of the same (Art. 101, Paragraph 1) to take the place of the Federal Minister.

(3) A joint federal and state authority to be designated as the Education Directorate shall be set up for each Land.

(4) The education directorates are responsible for the enforcement of school law for public schools in accordance with Art. 14, including quality assurance, school supervision and education controlling, and the enforcement of service law and the right to represent the staff of teachers for public schools and other federal employees at public schools. Federal law can transfer other matters of federal execution, state law other matters of state execution to the education directorate or the participation of the education directorate in their execution can be provided. These matters must be factually related to the matters mentioned in Paragraphs 1 and 2. In matters of federal execution, federal laws according to the second sentence may only be promulgated with the consent of the states. In these matters, the Education Directorate reports to the Federal Minister. For state laws according to the second sentence, Art. 97 para. 2 applies accordingly. In matters of state implementation, the education directorate reports to the state government (or an individual member of the same).

(5) Without prejudice to Paragraphs 1 and 2, tasks in the area of ​​enforcement of the service law and the staff representation law of teachers, in particular tasks in the areas of disciplinary law, performance assessment, equal treatment and employee protection can be transferred to other bodies by law. The maintenance of public compulsory schools can be transferred to municipalities or municipal associations.

(6) At the head of the Education Directorate is the Education Director. The responsible federal minister appoints the director of education in agreement with the governor at his suggestion. The appointment of the director of education is limited to five years. Re-appointments are permitted. If no agreement can be reached, the governor can temporarily entrust a person with the function of director of education. The federal law in accordance with Paragraph 10 contains more detailed provisions.

(7) In fulfilling his duties in matters of federal execution, the director of education is bound by the instructions of the competent federal minister and in matters of state execution by the instructions of the state government (or an individual member thereof). In overarching matters, the director of education is bound by the instructions of the responsible federal minister in agreement with the state government (or an individual member thereof).

(8) A state law can stipulate that the state governor presides over the education directorate as president. In this case, the governor can entrust the relevant member of the provincial government with the exercise of this function by ordinance. If a state law provides for a president, Paragraph 7 applies to the president. In such a case, the Director of Education is bound by the instructions of the President. Instructions from the responsible federal minister or the state government (or an individual member of the same) can also be sent directly to the director of education. The President must immediately bring instructions to the Director of Education in matters of federal implementation to the attention of the Federal Minister responsible.

(9) The federal and state governments must assign the education directorate the number of federal or state employees required to carry out their tasks. The director of education exercises the official and technical supervision of all federal and state employees in the directorate of education.

(10) The detailed provisions on the establishment, organization and publication of ordinances of the Education Directorate including the requirements for the personal and professional suitability of the Education Director and his appointment are made by federal law. This federal law can stipulate that the competent federal minister has to establish agreement with the state government (or an individual member thereof) on individual matters. The federal government must give the states the opportunity to participate in the preparation of such legislative projects; the law may only be made known with the consent of the federal states.

Art. 115

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Sixth Chapter

Self-management

A. Parishes

Article 115

 (1) As far as communities are mentioned in the following articles, the local communities are to be understood as such.

(2) Unless a federal competence has been expressly determined, the state legislation shall regulate municipal law according to the principles of the following articles of this section. The competence to regulate the matters to be taken care of by the municipalities in accordance with Art. 118, 118a and 119, including the possible exclusion of appeal, is determined by the general provisions of this Federal Constitutional Act.

(3) The Austrian Association of Municipalities and the Austrian Association of Towns are called upon to represent the interests of the municipalities.

Art. 116

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Article 116

(1) Each country is divided into municipalities. The municipality is a regional authority with the right to self-administration and at the same time an administrative district. Every property must belong to a municipality.

(2) The municipality is an independent economic body. It has the right, within the limits of general federal and state laws, to own, acquire and dispose of assets of all kinds, to carry out economic ventures and to independently manage its budget and advertise taxes within the framework of the financial constitution.

(3) A municipality with at least 20,000 inhabitants is to be given its own statute (city law) upon request by state law, provided that this does not jeopardize the interests of the state. A city with its own statute has to look after the tasks of the municipal administration as well as the district administration.

(Note: Paragraph 4 repealed by Art. IZ 14 BVG, Federal Law Gazette No. 490/1984 .)

Art. 116a

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Article 116a.

(1) In order to take care of their affairs, municipalities can form municipal associations by agreement. Such an agreement requires the approval of the supervisory authority. Approval is to be issued by ordinance if there is an agreement between the municipalities involved in accordance with the law and the formation of the municipal association

1.

in the case of sovereign administration matters, the function of the municipalities involved as self-governing bodies is not endangered,

2.

in the case of taking care of the affairs of the municipalities as the bearer of private rights for reasons of expediency, economic efficiency and economy in the interests of the municipalities involved

(2) In the interests of expediency, the relevant legislation (Art. 10 to 15) may provide for the formation of community associations to deal with matters affecting the community, but this must not endanger the function of the communities as self-governing bodies and administrative districts. In the formation of community associations by way of execution, the communities involved must be heard beforehand.

(3) The organs of the community associations, which are to take care of matters of the community’s own sphere of activity, are to be formed according to democratic principles.

(4) The state legislation has to regulate the organization of the community associations, whereby an association assembly, which has to consist of elected representatives of all communities belonging to the association, and an association chairman are to be provided as their organs. For community associations that have been formed by agreement, provisions must also be made on the entry and exit of communities as well as on the dissolution of the community association.

(5) The competence to regulate the affairs to be dealt with by the community associations is determined according to the general provisions of this Federal Constitutional Act.

(6) An amalgamation of municipalities from different Länder to form associations of municipalities is permissible in accordance with an agreement between the Länder in accordance with Art.

Art. 116b

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Article 116b.

Municipalities of a state can conclude agreements with one another on their respective areas of activity, if the state legislation so provides. The state legislation also has to make regulations on the announcement of such agreements and on the decision of differences of opinion. For agreements between municipalities in different countries, Art. 116a Paragraph 6 applies accordingly.

Art. 117

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Article 117

 (1) The following are to be provided as organs of the municipality:

a)

the municipal council, that is a general representative body to be elected by the electorate of the municipality;

b)

the municipal council (city council), in cities with their own statute the city senate;

c)

the mayor.

(2) The municipal council is elected on the basis of the same, direct, personal, free and secret voting rights of male and female citizens who have their main residence in the municipality, according to the principles of proportional representation. The electoral code can, however, stipulate that citizens who have a place of residence in the municipality but not their main place of residence are entitled to vote. The electoral regulations must not tighten the conditions of the right to vote and eligibility than the state election regulations; However, it can be determined that people who have not yet stayed in the municipality for one year are not eligible to vote and are not eligible for election if their stay in the municipality is obviously only temporary. Citizens of other Member States of the European Union are also entitled to vote and can be elected under the conditions to be specified in the electoral regulations. The electoral code can provide that voters exercise their right to vote in constituencies, each of which must encompass a closed area. A division of the electorate into other electoral bodies is not permitted. Art. 26 para. 6 is to be applied accordingly. In the event that no nominations are made, the electoral regulations can stipulate that persons whose names appear most frequently on the ballot papers are considered elected. A division of the electorate into other electoral bodies is not permitted. Art. 26 para. 6 is to be applied accordingly. In the event that no nominations are made, the electoral regulations can stipulate that persons whose names appear most frequently on the ballot papers are considered elected. A division of the electorate into other electoral bodies is not permitted. Art. 26 para. 6 is to be applied accordingly. In the event that no nominations are submitted, the electoral regulations can stipulate that persons whose names appear most frequently on the ballot papers are considered elected.

(3) A simple majority of the members present in a quorum is required for a resolution of the municipal council; however, other resolution requirements can be provided for certain matters. In the event of exceptional circumstances, resolutions may be passed in circular or in a video conference; a simple majority of the members of the municipal council is required for such a resolution, but if stricter majority requirements are provided for the matter in question, compliance with them is required.

(4) The meetings of the municipal council are public, exceptions can be made. When the municipal budget or the municipal accounts are dealt with, the public must not be excluded.

(5) Electoral parties represented in the municipal council are entitled to representation on the municipal board, depending on their strength.

(6) The mayor is elected by the municipal council. The state constitution can stipulate that those entitled to elect the municipal council elect the mayor. In this case, Art. 26 Para. 6 applies accordingly.

(7) The business of the municipalities is carried out by the municipal office (Stadtamt), those of the cities with their own statute by the magistrate. To head the internal service of the magistrate, a legally qualified employee of the magistrate is to be appointed as magistrate director.

(8) In matters within the municipality’s own sphere of activity, state legislation can provide for the direct participation and cooperation of those entitled to vote on the municipal council.

Art. 118

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Article 118

 (1) The area of ​​activity of the municipality is its own and one delegated by the Federation or the State.

(2) In addition to the matters listed in Article 116, Paragraph 2, the own sphere of activity includes all matters which are in the exclusive or predominant interest of the local community embodied in the community and which are suitable for the community to take care of within its local borders. The laws must expressly designate such matters as those within the municipality’s own sphere of activity.

(3) The municipality is guaranteed the administrative tasks in its own sphere of activity, in particular in the following matters:

1.

Appointment of the municipal organs without prejudice to the competence of supra-local electoral authorities; Regulation of internal facilities for carrying out community tasks;

2.

Appointment of community employees and exercise of service authority without prejudice to the jurisdiction of supra-local disciplinary, qualification and examination commissions;

3.

local security police (Art. 15 para. 2), local event police;

4th

Administration of traffic areas of the municipality, local road police;

5.

Land protection police;

6th

local market police;

7th

Local health police, in particular in the field of emergency and rescue services as well as corpse and funeral services;

8th.

Morality Police;

9.

local building police; local fire police; local spatial planning;

10.

out-of-court mediation of disputes in matters of civil law and criminal law;

11.

voluntary sale of movable property.

(4) The municipality has to take care of the affairs of its own sphere of activity within the framework of the laws and ordinances of the federal and state governments on its own responsibility, free of instructions and excluding legal remedies to administrative bodies outside the municipality. In matters relating to one’s own sphere of activity, there is a two-stage instance; this can be excluded by law. In matters within their own sphere of activity, the federal government and the state have a right of supervision over the municipality (Art. 119a).

(5) The mayor, the members of the municipality board (city council, city senate) and any other organs of the municipality appointed are responsible to the municipality council for the fulfillment of their tasks belonging to the municipality’s own sphere of activity.

(6) In matters relating to its own sphere of activity, the municipality has the right to issue local police ordinances according to free self-determination to ward off immediately expected or to remedy existing irregularities that disrupt local community life, as well as to declare non-compliance as an administrative violation. Such ordinances may not violate existing federal and state laws and ordinances.

(7) At the request of a municipality, the handling of individual matters within its own sphere of activity can be transferred to a state authority by ordinance of the state government or by ordinance of the governor in accordance with Art. If such an ordinance is intended to transfer responsibility to a federal authority, it requires the approval of the federal government. To the extent that such an ordinance by the governor is to transfer responsibility to a state authority, it requires the approval of the state government. Such an ordinance is to be repealed as soon as the reason for its adoption no longer applies. The transfer does not extend to the ordinance law according to Paragraph 6.

(8) The establishment of a community guard or a change in its organization must be reported to the Federal Government.

Art. 118a

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Article 118a.

 (1) A federal or state law can stipulate that the members of a community guard can, with the consent of the community, be authorized to perform executive services for the competent authority.

(2) With the consent of the municipality, the district administrative authority can authorize members of a municipality guard to participate in the administration of the Administrative Penal Act to the same extent as the other organs of the public security service. This authorization can only be granted insofar as the organs of the public security service have to monitor compliance with the administrative regulations in the matter forming the subject of the administrative criminal proceedings or insofar as this matter is within the sphere of influence of the municipality.

Art. 119

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Article 119

 (1) The transferred sphere of activity comprises the matters that the municipality has to take care of in accordance with the federal laws by order and according to the instructions of the federal government or in accordance with the state laws on behalf of and according to the instructions of the state.

(2) The matters of the transferred sphere of activity are taken care of by the mayor. In matters of federal enforcement, he is bound to the instructions of the competent federal organs, in matters of state enforcement to the instructions of the competent organs of the country and is responsible according to paragraph 4.

(3) The mayor can – without prejudice to his responsibility – individual groups of matters of the assigned sphere of activity – due to their factual connection with the affairs of his own sphere of activity – members of the municipality board (city council, city senate), other bodies created in accordance with Art. 117, Paragraph 1, or collegial bodies their members to procure in his name. In these matters, the organs concerned or their members are bound by the instructions of the mayor and are responsible under paragraph 4.

(4) In the event of a violation of the law or of failure to comply with an ordinance or an instruction, the governing bodies named in Paragraphs 2 and 3, insofar as they are guilty of willful intent or gross negligence, if they were active in the field of federal enforcement, can be called upon by the governor if they were active in the field of state enforcement, are declared forfeited by the state government. Any membership of such a person on the municipal council is not affected by this.

Art. 119a

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Article 119a.

 (1) The federal government and the state exercise the right of supervision over the municipality so that it does not violate the laws and ordinances when taking care of its own sphere of activity, in particular does not exceed its sphere of activity and fulfill its statutory duties.

(2) The state also has the right to review the management of the municipality for its economy, efficiency and expediency. The result of the review is to be sent to the mayor for submission to the municipal council. The mayor must notify the supervisory authority of the measures taken on the basis of the inspection result within three months.

(3) The supervisory law and its statutory regulation are, insofar as the municipality’s own sphere of activity includes matters from the area of ​​federal enforcement, the federal government, otherwise the states; the right of supervision is to be exercised by the authorities of general state administration.

(4) The supervisory authority is entitled to inform itself about any matter of the municipality. The municipality is obliged to provide the information requested by the supervisory authority in each individual case and to have inspections carried out on the spot.

(Note: Paragraph 5 repealed by Federal Law Gazette I No. 51/2012 )

(6) The municipality must immediately notify the supervisory authority of any ordinances issued in its own sphere of activity. The supervisory authority has to repeal illegal ordinances after hearing the municipality by ordinance and at the same time notify the municipality of the reasons for this.

(7) Insofar as the relevant legislation (Paragraph 3) provides for the dissolution of the municipal council as a supervisory means, this measure falls to the state government in exercising the supervisory right of the state and the governor when exercising the supervisory right of the federal government. The admissibility of substitute performance as a supervisory means is to be limited to cases of absolute necessity. The supervisory means are to be handled with the greatest possible protection of acquired rights of third parties.

(8) Individual measures to be taken by the municipality in its own sphere of activity, which also affect supra-local interests to a special degree, in particular those of particular financial importance, can be subject to approval by the supervisory authority by the relevant legislation (Paragraph 3). The reason for the refusal of the permit may only be provided for an offense that clearly justifies the preference for supra-local interests.

(9) The municipality is a party to the regulatory proceedings and has the right to lodge a complaint with the administrative court (Articles 130 to 132). She is a party to the proceedings before the Administrative Court and has the right to appeal to the Administrative Court (Art. 133) and appeal to the Constitutional Court (Art. 144).

(10) The provisions of this article shall apply mutatis mutandis to the supervision of associations of municipalities insofar as these concern matters within the municipality’s own sphere of activity.

Art. 120

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Article 120

The consolidation of local communities into regional communities, their establishment according to the model of self-administration and the establishment of further principles for the organization of general state administration in the states is a matter for federal constitutional legislation; the execution is incumbent on the state legislation. The regulation of the competence in matters of the service law and the staff representation law of the employees of the regional municipalities is a matter of the federal constitutional legislation.

Art. 120a

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B. Other self-government

Article 120a.

 (1) Persons can be grouped into self-governing bodies by law for the independent performance of public tasks which are in their exclusive or predominant common interest and which are suitable for being jointly carried out by them.

(2) The Republic recognizes the role of the social partners. It respects their autonomy and promotes the social partnership dialogue through the establishment of self-governing bodies.

Art. 120b

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Article 120b.

(1) The self-governing bodies have the right to carry out their tasks on their own responsibility, free of instructions and to issue statutes within the framework of the law. The federal government or the state have a supervisory right over them in accordance with the statutory provisions with regard to the legality of administrative management. In addition, the supervisory law can also extend to the expediency of administrative management if this is necessary due to the tasks of the self-governing body.

(2) Tasks of state administration can be assigned to the self-governing bodies. The laws must expressly designate such matters as those of the transferred sphere of activity and provide for a binding instruction vis-à-vis the responsible supreme administrative body.

(3) The law can provide for forms of participation by the self-governing bodies in state enforcement.

Art. 120c

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Article 120c.

 (1) The organs of the self-governing bodies shall be formed from among their members according to democratic principles.

(2) An economical and economical fulfillment of the tasks of the self-governing body is to be ensured in accordance with the legal provisions through contributions of its members or through other means.

(3) The self-governing bodies are independent economic bodies. They can acquire, own and dispose of all kinds of assets within the framework of the law to carry out their duties.

Art. 121

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Seventh Chapter

Invoice and financial control

Article 121

 (1) The Court of Auditors is appointed to review the conduct of the federal government, the federal states, the municipal associations, the municipalities and other legal entities specified by law.

(2) The Court of Auditors draws up the federal accounts and submits them to the National Council.

(3) All documents pertaining to financial debts of the Federation are to be countersigned by the President of the Court of Auditors, if they are unable to do so, by his deputy. The countersignature only guarantees the legality of the assumption of debt and the proper entry in the general ledger of the national debt.

(4) In the case of companies and institutions that are subject to its control and for which there is an obligation to report to the National Council, the Court of Auditors has the average income, including all social benefits and benefits in kind, as well as additional benefits for pensions, of members of the board of directors and the supervisory board of all employees by obtaining information from these companies and institutions and reporting on this to the National Council. The average income of the named groups of people is to be shown separately for each company and each institution.

Art. 122

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Article 122

(1) The Court of Auditors reports directly to the National Council. He is in matters of federal management and the management of legal professional representations, insofar as they are part of the implementation of the federal government, as an organ of the National Council, in matters of state, municipal and community associations and the management of legal professional representations, insofar as they are included in the Execution of the states fall, acting as an organ of the relevant state parliament.

(2) The Court of Auditors is independent of the federal government and the state governments and is only subject to the provisions of the law.

(3) The Court of Auditors consists of a President and the necessary officials and auxiliary staff.

(4) The President of the Court of Auditors is elected by the National Council on the proposal of the Main Committee for a term of office of twelve years; re-election is not permitted. Before taking office, he swears to the Federal President.

(5) The President of the Court of Auditors must be eligible for election to the National Council, may not belong to a general representative body or the European Parliament and may not have been a member of the federal government or a state government in the past five years.

Art. 123

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Article 123

 (1) With regard to responsibility, the President of the Court of Auditors is on an equal footing with the members of the Federal Government or the members of the relevant Land government, depending on whether the Court of Auditors is an organ of the National Council or a Landtag.

(2) It can be recalled by resolution of the National Council.

Art. 123a

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Article 123a.

 (1) The President of the Court of Auditors is entitled to participate in the negotiations on the reports of the Court of Auditors, the federal accounts, applications for the implementation of special acts of auditing by the Court of Auditors and the subdivisions of the draft Federal Finance Act concerning the Court of Auditors in the National Council and in its committees ( Subcommittees).

(2) In accordance with the more detailed provisions of the Federal Act on the Rules of Procedure of the National Council, the President of the Court of Auditors has the right to be heard every time at his request in the negotiations on the items listed in paragraph 1.

Art. 124

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Article 124

(1) If the President of the Court of Auditors is unable to attend, he will be represented by the most senior official of the Court of Auditors. This also applies when the office of President is over. The representation of the President of the Court of Auditors in the National Council is determined by the federal law on the rules of procedure of the National Council.

(2) In the case of the deputy of the President, the provisions of Art. 123, Paragraph 1 apply to the deputy.

Art. 125

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Article 125

(1) The officials of the Audit Office shall be appointed by the Federal President on the proposal and countersigned by the President of the Audit Office; the same applies to the award of official titles. However, the Federal President can authorize the President of the Court of Auditors to appoint officials of certain categories.

(2) The auxiliary staff is appointed by the President of the Audit Office.

(3) The authority of the Federal Government in relation to employees at the Court of Auditors is exercised by the President of the Court of Auditors.

Art. 126

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Article 126

No member of the Court of Auditors may be involved in the management and administration of companies that are subject to the control of the Court of Auditors. A member of the Court of Auditors is also not allowed to take part in the management and administration of other profit-oriented companies.

Art. 126a

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Article 126a.

If there are differences of opinion between the Court of Auditors and a legal entity (Art. 121, Paragraph 1) on the interpretation of the statutory provisions that regulate the jurisdiction of the Court of Auditors, the Constitutional Court shall decide upon application by the Federal Government or a state government or the Court of Auditors. All legal entities are obliged to enable a review by the Court of Auditors in accordance with the legal opinion of the Constitutional Court.

Art. 126b

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Article 126b.

 (1) The Court of Auditors shall review the entire state economy of the Federation, as well as the management of foundations, funds and establishments that are administered by federal organs or by persons (groups of persons) who are appointed by federal organs for this purpose.

(2) The Court of Auditors further examines the management of companies in which the Confederation alone or jointly with other legal entities under the jurisdiction of the Court of Auditors participates with at least 50% of the ordinary, share or equity capital or in which the Confederation alone or jointly with other such legal entities. The Court of Auditors also examines those companies that the federal government, alone or jointly with other legal entities under the jurisdiction of the Court of Auditors, actually controls through financial or other economic or organizational measures. The jurisdiction of the Court of Auditors also extends to companies at any other level for which the requirements according to this paragraph are met.

(3) The Court of Auditors is authorized to review the financial management of public corporations with federal funds.

(4) At the decision of the National Council or at the request of members of the National Council, the Audit Office shall carry out special acts of auditing that fall within its sphere of activity. The more detailed regulation is made by the federal law on the rules of procedure of the National Council. Likewise, upon a justified request by the Federal Government or a Federal Minister, the Court of Auditors must carry out such acts and notify the requesting body of the result.

(5) The audit by the Court of Auditors has to extend to the numerical correctness, the conformity with the existing regulations, also to the economy, economy and expediency.

Art. 126c

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Article 126c.

 The Court of Auditors is empowered to review the conduct of the social security institutions.

Art. 126d

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Article 126d.

(1) The Court of Auditors reports to the National Council on its activities in the previous year by 31 December each year at the latest. In addition, the Court of Auditors can report to the National Council on individual observations at any time, submitting an application. The Court of Auditors must notify the Federal Chancellor of every report at the same time as it is submitted to the National Council. The reports of the audit office are to be published after submission to the National Council.

(2) A standing committee is set up in the National Council to negotiate the reports of the Court of Audit. The principle of proportional representation must be observed when appointing members.

Art. 127

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Article 127

(1) The Court of Auditors shall review the management, which falls within the autonomous sphere of activity of the federal states, as well as the management of foundations, funds and institutions that are administered by organs of a state or by persons (groups of persons) who are appointed for this purpose by organs of a state. The review has to extend to the numerical correctness, the conformity with the existing regulations, also to the economy, economy and expediency of the management; However, it does not include the decisions of the constitutionally competent representative bodies that are decisive for the management.

(2) The state governments must submit the estimates and accounts to the Court of Auditors every year.

(3) The Court of Auditors further examines the management of companies in which the State alone or jointly with other legal entities under the jurisdiction of the Court of Auditors holds at least 50% of the share capital, share capital or equity, or in which the State alone or jointly with others such entities. With regard to the review responsibility in the event of actual control, Art. 126b (2) applies accordingly. The jurisdiction of the Court of Auditors also extends to companies at any other level for which the requirements according to this paragraph are met.

(4) The Court of Auditors is empowered to review the management of public corporations with funds from the state.

(5) The audit office shall notify the state government concerned of the result of its review. The latter must comment on this and inform the Court of Auditors of the measures taken on the basis of the audit results within three months.

(6) The Court of Auditors shall report to the State Parliament on its activities in the previous year relating to the Land in question by 31 December each year at the latest. In addition, the Court of Auditors can report to the State Parliament at any time on individual observations. The Court of Auditors must notify the state government and the federal government of each report at the same time as it is submitted to the state parliament. The reports of the audit office are to be published after submission to the state parliament.

(7) The Court of Auditors shall, upon the decision of the Landtag or upon request of a number of members of a Landtag to be determined by the Land constitutional law, which may not exceed one third, carry out special acts of auditing that fall within its sphere of activity. As long as the Court of Auditors has not yet submitted a report to the Landtag on the basis of such a request, no further such request may be made. Likewise, the Court of Auditors must carry out such acts upon a justified request by the state government and notify the requesting body of the result.

(8) The provisions of this article also apply to the review of the management of the City of Vienna, whereby the Landtag is replaced by the City Council and the Provincial Government is replaced by the City Senate.

Art. 127a

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Article 127a.

(1) The management of the municipalities with at least 10,000 inhabitants as well as the management of foundations, funds and institutions that are administered by organs of a municipality or by persons (groups of persons) who are appointed for this purpose by organs of a municipality are subject to control by the audit office . The review has to extend to the numerical correctness, the conformity with the existing regulations, also to the economy, economy and expediency of the management.

(2) The mayors have to submit the estimates and accounts annually to the audit office and at the same time to the state government.

(3) The Court of Auditors further examines the management of companies in which a municipality with at least 10,000 inhabitants alone or jointly with other legal entities under the jurisdiction of the Court of Auditors with at least 50% of the share capital, share capital or equity, or in which the municipality participates operates alone or jointly with other such legal entities. With regard to the review responsibility in the event of actual control, Art. 126b (2) applies accordingly. The jurisdiction of the Court of Auditors also extends to companies at any other level for which the requirements according to this paragraph are met.

(4) The Court of Auditors is authorized to review the financial management of public corporations with funds from a municipality with at least 10,000 inhabitants.

(5) The Court of Auditors announces the result of its examination to the Mayor. The mayor has to comment on this and notify the audit office of the measures taken on the basis of the audit results within three months. The Court of Auditors must notify the state government and the federal government of the result of its conduct review including any statement made by the mayor.

(6) The Court of Auditors shall report to the municipal council on its activities in the previous year, insofar as it relates to the municipality concerned, by December 31 at the latest. He has to notify the state government and the federal government of each report at the same time as it is submitted to the municipal council. The reports of the audit office are to be published after submission to the municipal council.

(7) In response to a well-founded request from the state government, the audit office shall review the management of certain municipalities with fewer than 10,000 inhabitants. Paragraphs 1 and 3 to 6 are to be applied accordingly. Only two such requests may be made each year. Such requests are only admissible with regard to those municipalities that have a noticeable development in terms of debts or liabilities compared with other municipalities.

(8) The Court of Auditors has to review the management of certain municipalities with fewer than 10,000 inhabitants on the decision of the Landtag. Paragraphs 1 and 3 to 6 are to be applied accordingly with the proviso that the report of the Court of Auditors is also to be communicated to the state parliament. Only two such applications may be submitted each year. Such applications are only admissible with regard to those municipalities that have a noticeable development in terms of debts or liabilities compared with other municipalities.

(9) The provisions applicable to the review of the management of the municipalities shall apply mutatis mutandis to the review of the management of the municipal associations.

Art. 127b

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Article 127b.

 (1) The Court of Auditors is authorized to review the conduct of the statutory professional representations.

(2) The statutory professional representatives must submit the budget and the accounts to the Court of Auditors every year.

(3) The audit of the Court of Auditors shall extend to the numerical correctness, the conformity with the existing regulations, furthermore to the economy and economic efficiency of the management; However, this review does not include the decisions of the responsible bodies of the statutory professional representations that are decisive for the performance of the tasks of representing interests.

(4) The Court of Auditors shall inform the chairman of the statutory body (representative body) of the statutory professional representation about the result of its review. The latter has to present the result of the review including a possible statement to the statutory body (representative body) of the statutory professional representation. At the same time, the Court of Auditors must inform the authority responsible for the supreme supervision of the statutory professional representation of the result of the review. The reports of the audit office are to be published after submission to the statutory body (the representative body).

Art. 127c

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Article 127c.

 If a state audit office is set up in a country, the following regulations can be made by the state constitutional law:

1.

a provision corresponding to Art. 126a first sentence, with the proviso that Art. 126a second sentence also applies in this case;

2.

provisions corresponding to Art. 127a Paragraphs 1 to 6 relating to municipalities with fewer than 10,000 inhabitants;

3.

provisions corresponding to Art. 127a Paragraphs 7 and 8 relating to municipalities with at least 10,000 inhabitants.

(Note: Z 4 repealed by Federal Law Gazette I No. 51/2012 )

Art. 128

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Article 128

 The more detailed provisions on the establishment and activities of the audit office are made by federal law.

Art. 129

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Eighth Chapter

Constitutional and administrative guarantees

A. Administrative jurisdiction

Article 129

There is an administrative court for each country. For the federal government, there is a federal administrative court, designated as the federal administrative court, and a federal administrative court for finances, designated as the federal finance court.

Art. 130

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Article 130

 (1) The administrative courts recognize complaints

1.

against the decision of an administrative authority for illegality;

2.

against the exercise of direct administrative authority and coercive power due to illegality;

3.

due to violation of the decision-making obligation by an administrative authority.

(Note: Z 4 repealed by Art. 1 Z 13, Federal Law Gazette I No. 138/2017 )

(1a) The Federal Administrative Court shall recognize the use of coercive measures against persons providing information from an investigative committee of the National Council in accordance with the Federal Act on the Rules of Procedure of the National Council.

(2) By federal or state law, other competences of the administrative courts to decide on

1.

Complaints about unlawful conduct of an administrative authority in enforcement of the law or

2.

Complaints about the illegality of a client’s conduct in public procurement matters or

3.

Disputes in matters of public service law or

4th

Complaints, disputes or requests in other matters

are provided. In matters of federal enforcement that are not directly handled by federal authorities, as well as in matters of Art. 11, 12, 14 Paragraphs 2 and 3 and 14a Paragraphs 3 and 4, federal laws according to Nos. 1 and 4 may only be approved with the consent of the countries are announced.

(2a) The administrative courts recognize complaints from persons who are exercised by the respective administrative court in exercising its judicial competences in their rights under Regulation (EU) 2016/679 on the protection of natural persons in the processing of personal data, on the free movement of data and on the cancellation of the Directive 95/46 / EC (General Data Protection Regulation) – GDPR, ABl. No. L 119 of May 4, 2016 p. 1, claim to have been violated.

(3) Except in administrative criminal matters and in the legal cases belonging to the jurisdiction of the Federal Administrative Court for Finances, there is no illegality if the law grants the administrative authority discretion and it has exercised this within the meaning of the law.

(4) The administrative court must decide on the matter itself on complaints pursuant to Paragraph 1 No. 1 in administrative criminal matters. The administrative court must then decide on the matter itself on complaints pursuant to para. 1 no. 1 in other legal matters if

1.

the relevant facts are established or

2.

the determination of the relevant facts by the administrative court itself is in the interest of speed or is associated with considerable cost savings.

(5) The jurisdiction of the administrative courts does not apply to cases that belong to the jurisdiction of the ordinary courts or the Constitutional Court, unless otherwise provided in this Act.

Art. 131

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Article 131

 (1) Unless otherwise stated in Paragraphs 2 and 3, the administrative courts of the federal states shall recognize complaints under Article 130 Paragraph 1.

(2) Unless otherwise stated in Paragraph 3, the Federal Administrative Court shall recognize complaints pursuant to Art. 130 Paragraph 1 in legal matters relating to federal enforcement matters that are directly dealt with by federal authorities. If a law provides for the jurisdiction of the administrative courts in accordance with Art. 130 Paragraph 2 Item 2, the Federal Administrative Court shall recognize complaints in legal matters in matters of public procurement which, in accordance with Art. 14b Paragraph 2 Item 1, are a federal matter in execution. If a law provides for the jurisdiction of the administrative courts in accordance with Art. 130, Paragraph 2, Item 3, the Federal Administrative Court shall recognize disputes in employment law matters for federal public employees.

(3) The Federal Administrative Court for Finances recognizes complaints pursuant to Art. 130 Para. 1 Nos. 1 to 3 in legal matters relating to public charges (with the exception of federal, state and local administrative charges) and financial criminal law as well as other legal matters specified matters, insofar as the matters mentioned are handled directly by the tax or financial criminal authorities of the federal government.

(4) By federal law

1.

the administrative courts of the federal states are to have jurisdiction: in legal matters in the matters referred to in Paragraphs 2 and 3;

2.

a jurisdiction of the administrative courts of the federal government should be provided:

a)

in legal matters relating to the environmental impact assessment for projects that are likely to have significant effects on the environment (Art. 10 Para. 1 Item 9 and Art. 11 Para. 1 Item 7);

b)

in legal matters in the matters of Art. 14 Paragraph 1 and 5;

c)

in other legal cases in matters of federal enforcement that are not handled directly by federal authorities, as well as in matters of Art. 11, 12, 14 Paragraph 2 and 3 and 14a Paragraph 3.

Federal laws according to Z 1 and Z 2 lit. c may only be announced with the consent of the federal states.

(5) A state law can provide for jurisdiction of the federal administrative courts in legal matters in matters of the independent sphere of activity of the states. Art. 97 para. 2 applies accordingly.

(6) The administrative courts competent in this matter in accordance with Paragraphs 1 to 4 of this Article shall recognize complaints in legal matters in which a law provides for the jurisdiction of the administrative courts in accordance with Art. 130 Paragraph 2 Nos. 1 and 4. If there is no jurisdiction according to the first sentence, the administrative courts of the federal states recognize such complaints.

Art. 132

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Article 132

 (1) The following can lodge a complaint against the decision of an administrative authority on grounds of illegality:

1.

who claims his rights have been violated by the decision;

2.

the competent Federal Minister in legal matters in a matter of Art. 11, 12, 14 para. 2 and 3 and 14a para. 3 and 4.

(2) Anyone who claims to have violated his / her rights may file a complaint against the exercise of direct administrative authority and coercive power for illegality.

(3) Anyone who claims to be entitled to assert the obligation to make a decision in the administrative proceedings as a party in the administrative proceedings may file a complaint because of a breach of the obligation to make decisions.

(4) Anyone who can lodge a complaint on grounds of illegality in cases other than those mentioned in paragraphs 1 and 2 and in those cases in which a law provides for the jurisdiction of the administrative courts in accordance with Article 130 paragraph 2 shall be determined by federal or state laws .

(5) In matters within the municipality’s own sphere of activity, complaints can only be lodged with the administrative court after the appeal has been exhausted.

Art. 133

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Article 133

 (1) The Administrative Court recognizes over

1.

Appeals against the decision of an administrative court for illegality;

2.

Applications to set a deadline due to violation of the decision-making obligation by an administrative court;

3.

Conflicts of competence between administrative courts or between an administrative court and the administrative court.

(2) Federal or regional law may provide for other competences of the Administrative Court to decide on applications by a regular court to determine the illegality of a decision or a decision by an administrative court.

(2a) The Administrative Court recognizes the complaint of a person who claims to have been violated in their rights under the GDPR by the Administrative Court in exercising its judicial powers.

(3) There is no illegality if the administrative court has exercised discretion within the meaning of the law.

(4) An appeal against a decision of the administrative court is permissible if it depends on the solution of a legal question that is of fundamental importance, in particular because the decision deviates from the case law of the Administrative Court, there is no such case law or the legal question to be solved in the previous one The case law of the Administrative Court is not answered uniformly. If the subject of the finding is a small fine, federal law can provide that the revision is inadmissible.

(5) Cases that belong to the jurisdiction of the Constitutional Court are excluded from the jurisdiction of the Administrative Court.

(6) The following can appeal against the decision of an administrative court due to illegality:

1.

who claims to be injured in his rights by the knowledge;

2.

the authority concerned in the proceedings before the administrative court;

3.

the competent federal minister in the cases referred to in Art. 132 para. 1 no. 2.

(Note: Z 4 repealed by Art. 1 Z 18, Federal Law Gazette I No. 138/2017 )

(7) Anyone who claims to be entitled to assert the decision-making obligation as a party to the proceedings before the administrative court can file an application for a deadline due to a violation of the obligation to make decisions.

(8) Anyone who can file an appeal on grounds of illegality in cases other than those mentioned in Paragraph 6 is determined by federal or state laws.

(9) The provisions of this article applicable to their knowledge shall apply mutatis mutandis to the decisions of the administrative courts. The special federal law regulating the organization and the procedure of the administrative court determines to what extent an appeal can be made against decisions of the administrative courts.

Art. 134

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Article 134

 (1) The administrative courts and the administrative court each consist of a president, a vice-president and the required number of other members.

(2) The president, the vice-president and the other members of the administrative court of a state are appointed by the state government; Unless the position of President or Vice-President is concerned, this committee has three-party proposals from the General Assembly of the Administrative Court or a committee to be elected from among its members, which must consist of the President, the Vice-President and at least five other members of the State’s Administrative Court to catch up. The members of the administrative courts of the federal states must have completed their law studies or legal and political studies and have five years of legal professional experience.

(3) The President, the Vice-President and the other members of the administrative courts of the Federation are appointed by the President on the proposal of the Federal Government; Unless the position of President or Vice-President is concerned, this committee has three-party proposals from the General Assembly of the Administrative Court or a committee to be elected from among its members, which has to consist of the President, the Vice-President and at least five other members of the Federal Administrative Court to catch up. The members of the Federal Administrative Court musthave completed their law studies or legal and political studies and have five years of legal professional experience, the members of the Federal Administrative Court for Finance must have completed a relevant degree and have five years of relevant professional experience.

(4) The President, the Vice President and the other members of the Administrative Court shall be appointed by the Federal President on the proposal of the Federal Government; This submits its proposals, unless the position of the President or Vice-President is concerned, on the basis of three-party proposals from the General Assembly of the Administrative Court or a committee to be elected from among its members, consisting of the President, the Vice-President and at least five other members of the Administrative Court has to exist . The members of the Administrative Court must have completed their law studies or legal and political studies and have ten years of legal professional experience. At least the fourth part should be taken from professional positions in the federal states, possibly from the administrative service of the federal states.

(5) Members of the federal government, a state government, the National Council, the Federal Council, a state assembly or the European Parliament may not belong to the administrative courts and the administrative court, and members of another general representative body may not belong to the administrative court; For members of a general representative body or of the European Parliament who have been elected for a specific legislative or functional period, the incompatibility continues until the end of the legislative or functional period, even if the mandate is prematurely waived.

(6) Anyone who has exercised one of the functions specified in Paragraph 5 in the past five years cannot be appointed President or Vice-President of an Administrative Court or of the Administrative Court.

(7) The members of the administrative courts and the administrative court are judges. Art. 87 para. 1 and 2 and Art. 88 para. 1 and 2 are to be applied mutatis mutandis, with the proviso that the age limit upon reaching which the members of the administrative courts of the states enter permanent retirement or their employment relationship ends is determined by state law becomes.

(8) The sovereignty of the administrative court is exercised by the President.

Art. 135

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Article 135

(1) The administrative courts recognize through single judges. In the law on the procedure of the administrative courts or in federal or state laws it can be provided that the administrative courts decide through senates. The size of the senates is determined by the law on the organization of the administrative court. The Senates are to be elected by the General Assembly or a committee to be elected from among its members, which has to consist of the President, the Vice-President and a number of other members of the Administrative Court to be determined by law, the members of the Administrative Court and, if in federal or state laws the participation of competent lay judges in the case law is intended to be formed from a number of competent lay judges to be determined in these. Insofar as a federal law provides that an administrative court of the state has to decide in senates or that expert lay judges participate in the case law, the consent of the states involved must be obtained. The Administrative Court shall recognize through senates that are to be formed from the members of the Administrative Court by the General Assembly or a committee to be elected from among its members, which has to consist of the President, the Vice-President and a number of other members of the Administrative Court to be determined by law.

(2) The business to be carried out by the administrative court is to be carried out by the general assembly or a committee to be elected from among its members, which has to consist of the president, the vice-president and a number of other members of the administrative court to be determined by law, the single judges and the senates to be distributed in advance for the time specified by law. The business to be carried out by the Administrative Court is to be carried out by the General Assembly or a committee to be elected from among its members, which has to consist of the President, the Vice-President and a number of other members of the Administrative Court to be determined by law, on the Senate for the legally determined time Distribute in advance.

(3) An item that accrues to a member after the allocation of responsibilities may only be removed from him by the body responsible in accordance with Paragraph 2 and only if he is unable to do so or if he is prevented from completing them within a reasonable period due to the scope of his tasks.

(4) Art. 89 shall apply mutatis mutandis to the administrative courts and the administrative court.

Art. 135a

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Article 135a.

 (1) In the law on the organization of the administrative court, the handling of specific types of business to be specified can be assigned to specially trained non-judicial employees.

(2) The member of the administrative court who is responsible for the division of business can, however, reserve the right to deal with such business at any time or take it over to himself.

(3) When carrying out the business referred to in Paragraph 1, the non-judicial employees are only bound by the instructions of the member of the administrative court responsible for the division of business. Art. 20 para. 1 third sentence applies.

Art. 136

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Article 136

 (1) The organization of the administrative courts of the states is regulated by state law, the organization of the federal administrative courts by federal law.

(2) The procedure of the administrative courts with the exception of the federal administrative court for finance is uniformly regulated by a special federal law. The federal government must give the states the opportunity to participate in the preparation of such legislative projects. By federal or state law, regulations on the procedure of the administrative courts can be made if they are necessary to regulate the subject matter or if the special federal law named in the first sentence authorizes them to do so.

(3) The procedure of the Federal Administrative Court for Finance is regulated by federal law. The tax procedure before the administrative courts of the federal states can also be regulated by federal law.

(3a) The federal law on the rules of procedure of the National Council can make special provisions for the proceedings of the federal administrative court in accordance with Art. 130 para. 1a.

(3b) In the cases of Art. 130 (2) no. 4, special provisions can be made for the proceedings of the administrative courts by federal or state law.

(4) The organization and the procedure of the Administrative Court are regulated by a special federal law.

(5) The plenary assemblies of the administrative courts and the administrative court decide on rules of procedure based on the laws enacted in accordance with the preceding paragraphs.

Art. 137

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B. Constitutional Justice

Article 137

 The Constitutional Court recognizes property claims against the federal government, the federal states, the municipalities and the associations of municipalities, which neither have to be carried out in the ordinary legal process nor to be dealt with by decision of an administrative authority.

Art. 138

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Article 138

 (1) The Constitutional Court recognizes conflicts of jurisdiction

1.

between courts and administrative authorities;

2.

between ordinary courts and administrative courts or the Administrative Court and between the Constitutional Court itself and all other courts;

3.

between the federal government and a state or between the states among themselves.

(2) The Constitutional Court shall further determine, at the request of the federal government or a state government, whether an act of legislation or enforcement falls within the competence of the federal government or the states.

Art. 138a

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Article 138a.

 (1) At the request of the Federal Government or a participating state government, the Constitutional Court shall determine whether an agreement within the meaning of Art. 15a Paragraph 1 exists and whether the obligations arising from such an agreement are made by a state or the federal government, insofar as they are not property claims have been fulfilled.

(2) If it is provided for in an agreement within the meaning of Art. 15a (2), the Constitutional Court shall further determine, at the request of a state government involved, whether such an agreement exists and whether the obligations resulting from such an agreement, insofar as they are not pecuniary claims have been fulfilled.

Art. 138b

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Article 138b.

 (1) The Constitutional Court recognizes over

1.

the contestation of resolutions by the National Council’s committee of rules of procedure declaring a request by a quarter of the members of the National Council to set up a committee of inquiry to be wholly or partially inadmissible by a quarter of its members who support this request due to illegality

2.

the sufficient scope of fundamental evidence resolutions of the committee of rules of procedure of the National Council at the request of a quarter of its members according to item 1;

3.

the legality of the decision of a committee of inquiry of the National Council, with which the existence of a factual connection of a request of a quarter of its members regarding the collection of further evidence with the object of investigation is disputed, at the request of the quarter of its members supporting this request;

4th

Differences of opinion between a committee of inquiry of the National Council, a quarter of its members and bodies required to provide information on the obligation to provide information to the committee of inquiry, at the request of the committee of inquiry, a quarter of its members or the body required to provide information;

5.

the legitimacy of the decision of a committee of inquiry of the National Council, with which the existence of a factual connection of a request of a quarter of its members regarding the summoning of an informant with the object of investigation is disputed, at the request of the quarter of its members supporting this request;

6th

Differences of opinion between an investigative committee of the National Council and the Federal Minister of Justice on the requirement and interpretation of an agreement on the consideration of the activities of the law enforcement authorities at the request of the investigative committee or the Federal Minister of Justice;

7th

Complaints of a person caused by a behavior

a)

an investigative committee of the National Council,

b)

a member of such a committee in the exercise of his profession as a member of the National Council or

c)

Persons to be determined by law in the exercise of their function in the proceedings before the committee of inquiry

claims to be violated in their personal rights.

(2) The Constitutional Court also recognizes the contestation of decisions by the President of the National Council and the Chairman of the Federal Council regarding the classification of information available to the National Council or the Federal Council due to illegality by the body obliged to provide information.

Art. 139

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Article 139

 (1) The Constitutional Court decides that ordinances are illegal

1.

at the request of a court;

2.

ex officio if he had to apply the regulation in a case pending before him;

3.

at the request of a person who claims that their rights have been violated directly as a result of this unlawfulness, if the ordinance has become effective for this person without a court decision or without issuing a ruling;

4th

at the request of a person who, as a party to a case decided by an ordinary court in the first instance, claims that his / her rights have been violated due to the application of an unlawful regulation, on the occasion of an appeal against this decision;

5.

a federal authority also at the request of a state government or the Ombudsman Board;

6th

a state authority also at the request of the federal government or, if the state constitutional law declares the ombudsman to be responsible for the administration of the state concerned, the ombudsman or an institution in accordance with Art. 148i para.

7th

a supervisory authority according to Art. 119a para. 6 also at the request of the municipality whose ordinance has been repealed

Article 89 (3) shall apply mutatis mutandis to applications in accordance with Nos. 3 and 4.

(1a) If this is necessary to ensure the purpose of the proceedings before the ordinary court, the submission of an application pursuant to Paragraph 1 No. 4 can be declared inadmissible by federal law. Federal law must determine what effect an application according to para. 1 no. 4 has.

(1b) The Constitutional Court can refuse to deal with an application pursuant to para. 1 subpara 3 or 4 by resolution until the hearing if it does not have a sufficient chance of success.

(2) If the party in a case pending before the Constitutional Court, in which the Constitutional Court has to apply an ordinance, is indicted, proceedings already initiated to examine the legality of the ordinance shall nevertheless be continued.

(3) The Constitutional Court may only repeal an ordinance as illegal to the extent that its repeal has been expressly requested or that it would have to apply it in the case pending before it. If the Constitutional Court comes to the conclusion that the whole regulation

1.

lacks the legal basis,

2.

was issued by an incompetent authority or

3.

has been made known in an illegal manner,

so he has to repeal the whole ordinance as illegal. This does not apply if the repeal of the entire ordinance obviously runs counter to the legal interests of the party who submitted an application in accordance with Paragraph 1 No. 3 or 4 or whose case gave rise to the official initiation of the ordinance review procedure.

(4) If the ordinance has already expired at the time of the ruling by the Constitutional Court and the procedure was initiated ex officio or the application was made by a court or by a person whose rights were violated by the unlawfulness of the ordinance claims that the Constitutional Court has to rule out whether the regulation was illegal. Paragraph 3 applies accordingly.

(5) The decision of the Constitutional Court, with which an ordinance is repealed as illegal, obliges the competent supreme authority of the Federation or the State to announce the repeal without delay. This applies mutatis mutandis to the case of a ruling in accordance with Paragraph 4. The repeal comes into force at the end of the day of the announcement, unless the Constitutional Court stipulates a period of six months for the expiry, but 18 months if legal precautions are required may exceed.

(6) If an ordinance has been repealed because it is unlawful or if the Constitutional Court has pronounced in accordance with Paragraph 4 that an ordinance was unlawful, all courts and administrative authorities are bound by the ruling of the Constitutional Court. However, the ordinance shall continue to apply to the facts realized before the annulment, with the exception of the specific case, unless the Constitutional Court pronounces otherwise in its annulment decision. If the Constitutional Court has set a deadline pursuant to Paragraph 5 in its rescinding decision, the ordinance shall apply to all facts that have occurred up to the end of this deadline, with the exception of the specific case.

(7) For legal cases which have given rise to an application pursuant to Paragraph 1 No. 4, federal law shall stipulate that the decision of the Constitutional Court, which repealed the ordinance as unlawful, enables a new decision on this legal matter. This applies mutatis mutandis to the case of a statement in accordance with Paragraph 4.

Art. 139a

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Article 139a.

The Constitutional Court recognizes the illegality of announcements about the republication of a law (state treaty). Art. 139 is to be applied accordingly.

Art. 140

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Article 140

 (1) The Constitutional Court finds unconstitutionality

1.

of laws

a)

at the request of a court;

b)

ex officio, if he had to apply the law in a case pending before him;

c)

at the request of a person who claims to have been violated in their rights directly by this unconstitutionality, if the law has become effective for this person without a court decision or without issuing a ruling;

d)

at the request of a person who, as a party to a case decided by an ordinary court in the first instance, claims that his rights have been violated due to the application of an unconstitutional law, on the occasion of an appeal against this decision;

2.

of federal laws also at the request of a state government, one third of the members of the National Council or one third of the members of the Federal Council;

3.

of state laws also at the request of the federal government or, if this is provided for by the state constitution, at the request of a third of the members of the state parliament.

In response to applications in accordance with no. c and d, Art. 89 Para. 3 shall apply accordingly.

(1a) If this is necessary to ensure the purpose of the proceedings before the ordinary court, the filing of an application in accordance with Paragraph 1 No. 1 lit. d be declared inadmissible by federal law. Federal law must determine what effect an application pursuant to Paragraph 1 No. 1 lit. d has.

(1b) The Constitutional Court may decide to deal with an application pursuant to Paragraph 1 No. 1 lit. c or d refuse by resolution until the hearing if he has no sufficient prospect of success.

(2) If the party is dismissed in a case pending before the Constitutional Court in which the Constitutional Court has to apply a law, proceedings already initiated to examine the constitutionality of the law shall nevertheless be continued.

(3) The Constitutional Court may only repeal a law as unconstitutional to the extent that its repeal has been expressly requested or that the Constitutional Court would have to apply the law in the case pending before it. However, if the Constitutional Court comes to the conclusion that the whole law was passed by a legislative body not appointed according to the distribution of competences or that it was made unconstitutional, it must repeal the whole law as unconstitutional. This does not apply if the repeal of the entire law obviously runs counter to the legal interests of the party who submitted an application pursuant to para. 1 no. 1 lit. c or d or whose legal case gave rise to the official initiation of the legal review procedure.

(4) If the law has already ceased to be in force at the time of the ruling by the Constitutional Court and the procedure has been initiated ex officio or the application has been made by a court or by a person whose rights have been violated by the unconstitutionality of the law claims that the Constitutional Court has to rule out whether the law was unconstitutional. Paragraph 3 applies accordingly.

(5) The decision of the Constitutional Court, which repeals a law as unconstitutional, obliges the Federal Chancellor or the competent governor to announce the repeal without delay. This applies mutatis mutandis to the case of a ruling according to Paragraph 4. The repeal comes into force at the end of the day of the announcement, unless the Constitutional Court determines a deadline for the expiry. This period may not exceed 18 months.

(6) If a law is repealed as unconstitutional by a ruling by the Constitutional Court, the statutory provisions that have been repealed by the law recognized by the Constitutional Court as unconstitutional will come into force again on the day the repeal takes effect, unless the ruling states otherwise were. In the announcement of the repeal of the law, it must also be stated whether and which legal provisions will come into force again.

(7) If a law has been repealed because it is unconstitutional or if the Constitutional Court has pronounced in accordance with Paragraph 4 that a law was unconstitutional, all courts and administrative authorities are bound by the ruling of the Constitutional Court. However, the law shall continue to apply to the facts that occurred before the annulment, with the exception of the specific case, unless the Constitutional Court pronounces otherwise in its annulment decision. If the Constitutional Court has set a deadline pursuant to Paragraph 5 in its rescinding decision, the law shall apply to all facts that have occurred up to the end of this deadline, with the exception of the specific case.

(8) For legal matters which lead to the filing of an application pursuant to Paragraph 1 No. 1 lit. d have given cause is to be determined by federal law that the decision of the Constitutional Court, with which the law is repealed as unconstitutional, enables a new decision in this case. This applies mutatis mutandis to the case of a statement in accordance with Paragraph 4.

Art. 140a

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Article 140a.

The Constitutional Court recognizes the illegality of international treaties. Art. 140 applies to the political, law-changing and supplementary international treaties and to the international treaties that change the contractual basis of the European Union, and Art. 139 to all other international treaties, with the following provisions:

1.

A state treaty which the Constitutional Court determines to be unconstitutional or unlawful is no longer applicable at the end of the day on which the decision is made by the organs appointed to execute it, unless the Constitutional Court determines a period within which the state treaty continues to apply this period may not exceed two years for political, law-amending and supplementary international treaties and for international treaties that change the contractual basis of the European Union, and one year for all other international treaties.

2.

Furthermore, at the end of the day on which the knowledge is announced, an order stating that the state treaty is to be fulfilled by the enactment of ordinances or a resolution that the state treaty is to be fulfilled by the enactment of laws expire .

Art. 141

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Article 141

 (1) The Constitutional Court recognizes

a)

on contesting the election of the Federal President, elections to the general representative bodies, to the European Parliament and to the statutory bodies (representative bodies) of the statutory professional bodies;

b)

about contesting elections in the state government and in the organs of a municipality entrusted with the execution;

c)

at the request of a general representative body for the loss of a mandate by one of its members or – if provided for in the legal provisions regulating the procedure of the respective representative body – at the request of the chairman or a third of the members of the representative body at the request of at least half of the members of the European Parliament elected in Austria for one of these members of the European Parliament to lose their mandate;

d)

at the request of the Federal Assembly for the Federal President to lose office;

e)

at the request of the National Council for the loss of office of a member of the Federal Government, a State Secretary, the President of the Court of Auditors or a member of the Ombudsman Board;

f)

at the request of a state parliament for a member of the state government to lose office;

G)

at the request of a municipal council for the loss of mandate of a member of the body entrusted with the execution of the municipality with regard to this function and at the request of a statutory body (representative body) of a statutory professional representative for the loss of mandate of one of its members;

H)

on the contestation of the result of popular initiatives, referendums, referendums and European citizens’ initiatives;

i)

on the inclusion of persons in the electoral register and the deletion of persons from the electoral register;

j)

on the contestation of independently contestable notices and decisions of the administrative authorities and – if provided for by federal or state law – the administrative courts in the cases of lit. a to c and g to i.

The challenge according to lit. a, b, h, i and j can be based on the alleged illegality of the procedure, the application pursuant to lit. c and g on a legally provided reason for the loss of membership in a general representative body, in the European Parliament, in a body entrusted with the execution of a municipality or in a statutory body (representative body) of a statutory professional representation, the application pursuant to lit. d, e and f for a legally provided reason for the loss of office. The Constitutional Court has to allow a challenge if the alleged illegality of the proceedings has been proven and had an impact on the outcome of the proceedings.

(2) If a challenge pursuant to Paragraph 1 lit. a and thereby the partial or total repetition of the election to a general representative body, to the European Parliament or to a constitutional body of the statutory professional representations required, the affected members of this representative body lose their mandate at the time it is taken over by those members who are re-elected to be held within 100 days of the delivery of the decision by the Constitutional Court

(Note: Paragraph 3 repealed by Federal Law Gazette I No. 51/2012 )

Art. 142

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Article 142

 (1) The Constitutional Court ruled on the indictment asserting the constitutional responsibility of the supreme federal and state organs for the culpable violations of law that have occurred through their official activities.

(2) The charges can be brought:

a)

against the Federal President for violation of the Federal Constitution: by resolution of the Federal Assembly;

b)

against the members of the Federal Government, the bodies that are equivalent to them with regard to responsibility and the state secretaries for violating the law: by resolution of the National Council

c)

against an Austrian representative in the Council for violating the law in matters in which the legislation would be a federal matter: by resolution of the National Council, for violating the law in matters in which the legislation would be a matter of the state: by resolutions of the same wording of all state parliaments

d)

against the members of a state government and the bodies equivalent to them with regard to responsibility under this law or the state constitution for violation of the law: by resolution of the competent state parliament;

e)

against a governor, his deputy (Art. 105 para. 1) or a member of the state government (Art. 103 para. 2 and 3) for violating the law and for not following the ordinances or other orders (instructions) of the federal government in matters of indirect federal administration, if it is a member of the state government, also the instructions of the governor in these matters: by resolution of the federal government;

f)

against organs of the federal capital Vienna, insofar as they carry out federal enforcement tasks in their own sphere of activity, for violation of the law: by resolution of the federal government

G)

against a governor for failure to comply with an instruction pursuant to Art. 14, Paragraph 8: by resolution of the Federal Government;

H)

against a President of the Education Directorate or the member of the state government entrusted with the exercise of this function for violation of the law or for failure to comply with federal ordinances or other orders (instructions): by resolution of the federal government; for non-compliance with other orders (instructions) of the state: by resolution of the competent state parliament

i)

against the members of a state government for violating the law as well as for obstructing the powers pursuant to Art. 11 Para. 7, insofar as they concern matters under Art. 11 Para. 1 no. 8: by resolution of the National Council or the Federal Government.

(3) If the Federal Government pursuant to Paragraph 2 lit. e the indictment has only been brought against a governor or his deputy, and it turns out that another member of the provincial government dealing with matters of indirect federal administration pursuant to Art. 103 para. 2 is at fault within the meaning of para. 2 lit. e is charged, the Federal Government can extend its indictment to this member of the state government at any time until the decision is made.

(4) The judgment of the Constitutional Court must be for loss of office, and under particularly aggravating circumstances, for loss of political rights for a period of time; In the case of minor legal violations in the cases mentioned in paragraph 2 under c, e, g and h, the Constitutional Court may limit itself to determining that there has been a legal violation. The loss of the office of President of the Education Directorate also results in the loss of the office with which the office of President is connected according to Art. 113, Paragraph 8.

(5) The Federal President may, according to Art. 65 para. 2 lit. c only at the request of the representative body or bodies by which or by whom the indictment was decided, but if the Federal Government has decided on the indictment, only exercise upon their application, and in all cases only with the consent of the accused.

Art. 143

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Article 143

The indictment against those named in Art. 142 can also be brought against criminal acts that are connected with the official activity of the accused. In this case the Constitutional Court has sole jurisdiction; the investigation that is already pending before the ordinary criminal courts is passed on to him. In such cases, the Constitutional Court can also apply the provisions of criminal law in addition to Article 142, Paragraph 4.

Art. 144

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Article 144

 (1) The Constitutional Court shall recognize complaints against the judgment of an administrative court, insofar as the complainant has been recognized in a constitutionally guaranteed right or due to the application of an unlawful ordinance, an unlawful announcement on the republication of a law (State Treaty), an unconstitutional law or an unlawful one State treaty claims to be violated in his rights.

(2) The Constitutional Court can refuse to deal with a complaint until the hearing if it does not have a sufficient chance of success or if the decision is not expected to clarify a constitutional question.

(3) If the Constitutional Court finds that a right within the meaning of Paragraph 1 was not violated by the contested decision of the Administrative Court, it has the complaint to decide on the complainant’s request whether the decision has violated another law of the complainant to cede to the administrative court. The first sentence shall apply mutatis mutandis to resolutions in accordance with Paragraph 2.

(4) The provisions of this article applicable to their knowledge shall apply mutatis mutandis to the decisions of the administrative courts. The extent to which a complaint can be made against decisions of the administrative courts is determined by the special federal law regulating the organization and the procedure of the Constitutional Court.

(5) As far as the knowledge or the decision of the administrative court has the admissibility of the revision to the content, a complaint according to paragraph 1 is inadmissible.

Art. 145

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Article 145

 The Constitutional Court recognizes violations of international law according to the provisions of a special federal law.

Art. 146

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Article 146

 (1) The enforcement of the decisions of the Constitutional Court according to Art. 126a, Art. 127c Z 1 and Art. 137 is carried out by the ordinary courts.

(2) The execution of the other findings of the Constitutional Court is incumbent on the Federal President. It is to be carried out according to his instructions by the federal or state organs, including the Federal Army, commissioned for this purpose at his discretion. The application for the execution of such findings is to be submitted to the Federal President by the Constitutional Court. The aforementioned instructions of the Federal President do not require a countersignature according to Art. 67 in the case of executions against the Federation or against federal organs.

Art. 147

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Article 147

 (1) The Constitutional Court consists of a President, a Vice-President, twelve other members and six substitute members.

(2) The President, the Vice President, six other members and three substitute members are appointed by the Federal President on the proposal of the Federal Government; these members and substitute members can be taken from the group of judges, administrative officials and professors of a legal subject at a university. The remaining six members and three substitute members are appointed by the Federal President on the basis of proposals made by the National Council for three members and two substitute members and by the Federal Council for three members and one substitute member. Three members and two substitute members must have their permanent residence outside the federal capital Vienna. Administrative officials of the official status who are appointed as members or substitute members are to be decommissioned without their remuneration.

(3) The members and the substitute members of the Constitutional Court must have completed their law studies or legal and political studies and have ten years of legal professional experience .

(4) Members of the federal government, a state government, a general representative body or the European Parliament cannot belong to the Constitutional Court; For members of a general representative body or of the European Parliament who have been elected for a specific legislative or functional period, the incompatibility continues until the end of the legislative or functional period, even if the mandate is prematurely waived. Finally, people who are employees or other functionaries of a political party cannot belong to the Constitutional Court.

(5) A person cannot be appointed President or Vice-President of the Constitutional Court who has exercised one of the functions specified in Paragraph 4 in the last five years.

(6) Article 87 (1) and (2) and Article 88 (2) apply to the members and substitute members of the Constitutional Court; the more detailed provisions are regulated in the federal law issued in accordance with Art. 148. 31 December of the year in which the member or substitute member reached the age of seventy is determined as the age limit after which their office ends.

(7) If a member or substitute member has not followed three consecutive invitations to a hearing by the Constitutional Court without sufficient excuse, the Constitutional Court shall determine this after its hearing. This determination results in the loss of membership or the status of substitute member.

(8) The sovereignty of the Constitutional Court is exercised by the President.

Art. 148

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Article 148

 The detailed provisions on the organization and the procedure of the Constitutional Court are regulated by a special federal law and on the basis of this by rules of procedure to be adopted by the Constitutional Court.

Art. 148a

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Chapter 9
Ombudsman

Article 148a.

(1) Anyone can complain to the Ombudsman Board about alleged abuses in the administration of the federal government, including its activity as a bearer of private rights, in particular because of an alleged violation of human rights, provided that they are affected by these abuses and insofar as they do not or do not have an appeal more is available. Every such complaint must be examined by the Ombudsman Board. The complainant is to be informed of the result of the examination and, if applicable, the cause.

(2) The Ombudsman Board is entitled to examine ex officio suspected maladministration in the federal government, including its activities as a bearer of private rights, in particular suspected violations of human rights.

(3) In order to protect and promote human rights, it is the responsibility of the Ombudsman Board and the commissions it appoints (Art. 148h Para. 3) in the area of ​​federal administration, including its activities as the bearer of private rights

1.

to visit and review the site of a detention,

2.

to observe and monitor the conduct of the bodies authorized to exercise direct administrative authority and coercive power, and

3.

to review or visit certain facilities and programs for people with disabilities.

(4) Without prejudice to Paragraph 1, anyone can complain to the Ombudsman Board for alleged default by a court with the performance of a procedural act, provided that this affects them. Paragraph 2 applies accordingly.

(5) The Ombudsman Board is also responsible for taking part in the handling of petitions and citizens’ initiatives addressed to the National Council. The federal law on the rules of procedure of the National Council determines further details.

(6) The Ombudsman Board is independent in the exercise of its office.

Art. 148b

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Article 148b.

(1) All organs of the Federation, the Laender, the municipalities and the municipal associations as well as the other self-governing bodies must support the Ombudsman Board in carrying out its tasks, grant it access to files and provide the necessary information on request. There is no official secrecy vis-à-vis the Ombudsman Board.

(2) The Ombudsman Board is subject to official secrecy to the same extent as the body to which the Ombudsman Board has approached in the performance of its duties. When submitting reports to the National Council, the Ombudsman’s Office is only obliged to maintain official secrecy to the extent that this is necessary in the interests of the parties or national security.

(3) Paragraphs 1 and 2 also apply mutatis mutandis to the members of the commissions and the members and substitute members of the Human Rights Advisory Council.

Art. 148c

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Article 148c.

The Ombudsman Board can give recommendations to the bodies entrusted with the highest administrative business of the federal government on the measures to be taken in a specific case or on the occasion of a specific case. In matters of self-administration or administration by authorities not subject to instructions, the Ombudsman Board can make recommendations to the responsible body of self-administration or the authority not subject to instructions; Recommendations of this kind are also to be brought to the attention of the highest federal administrative body. The relevant body must either comply with these recommendations within a period to be determined by federal law and notify the Ombudsman Board of this or give written reasons why the recommendation was not followed.

Art. 148d

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Article 148d.

(1) The Ombudsman Board shall report annually to the National Council and the Federal Council on its activities. In addition, the Ombudsman Board can report to the National Council and the Federal Council at any time on individual observations. The reports of the Ombudsman Board are to be published after submission to the National Council and the Federal Council.

(2) The members of the Ombudsman Board have the right to participate in the negotiations on the reports of the Ombudsman Board in the National Council and in the Federal Council as well as in their committees (sub-committees) and to be heard every time they request them. The members of the Ombudsman Board also have this right with regard to the negotiations on the subdivisions of the draft Federal Finance Act concerning the Ombudsman Board in the National Council and in its committees (sub-committees). The federal law on the rules of procedure of the National Council and the rules of procedure of the Federal Council determine the details.

Art. 148f

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Article 148f.

 If there are disagreements between the Ombudsman Board and the Federal Government or a Federal Minister on the interpretation of the statutory provisions that regulate the Ombudsman Board’s competence, the Constitutional Court shall decide upon application by the Federal Government or the Ombudsman Board.

Art. 148g

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Article 148g.

(1) The Ombudsman Board has its seat in Vienna. It consists of three members, one of whom is chair. The term of office is six years. Re-election of the members of the Ombudsman Board more than once is not permitted.

(2) The members of the Ombudsman Board are elected by the National Council on the basis of an overall proposal by the Main Committee. The main committee prepares its overall proposal with the presence of at least half of its members, whereby the three parties of the National Council with the highest mandate have the right to nominate one member for this overall proposal. In the event of a tie, the number of votes cast in the last National Council election is decisive. Before taking up their office, the members of the Ombudsman swear to the Federal President.

(3) The chairmanship of the Ombudsman Board changes annually between the members in the order of the number of mandates, in the case of the same number of mandates, the parties naming the members. This order will remain unchanged during the term of office of the Ombudsman Board.

(4) In the event of the premature departure of a member of the Ombudsman Board, the party represented in the National Council that has named this member must name a new member. The new election for the rest of the term of office must be carried out in accordance with Paragraph 2. Until a new allocation of responsibilities is issued, the current allocation of responsibilities shall apply mutatis mutandis to the new member.

(5) The members of the Ombudsman Board must be eligible for election to the National Council and have knowledge of the organization and functioning of the administration and knowledge of the field of human rights. During their official work they are not allowed to belong to a general representative body or to the European Parliament, not to be a member of the federal government or a state government and not to exercise any other profession.

(6) Each member of the Ombudsman Board is equal to the members of the Federal Government with regard to the responsibility according to Art.

Art. 148h

text

Article 148h.

(1) The officials of the Ombudsman Board are appointed by the Federal President on the proposal and with countersignature of the Chairman of the Ombudsman Board; the same applies to the award of official titles. The Federal President can, however, authorize the chairman of the Ombudsman Board to appoint officials in certain categories. The chairperson of the Ombudsman appoints the assistants. The chairman of the Ombudsman Board is the highest administrative body and exercises these powers alone.

(2) The official authority of the Federation vis-à-vis those employed by the Ombudsman Board is exercised by the chairman of the Ombudsman Board.

(3) The Ombudsman Board must set up commissions and a human rights advisory board to provide advice to carry out the tasks under Article 148a, Paragraph 3. The Human Rights Advisory Board consists of a chairman, a deputy chairman and other members and substitute members appointed by the Ombudsman Board. The extent to which the Ombudsman Board is bound by proposals from other bodies when appointing members and substitute members of the Human Rights Advisory Board is determined by federal law. The chairman, the deputy chairman and the other members of the Human Rights Advisory Council are not bound by any instructions in the exercise of their duties.

(4) The Ombudsman Board decides on rules of procedure and a distribution of responsibilities, in which it is to be determined in particular which tasks are to be performed independently by the members of the Ombudsman Board. The resolution on the rules of procedure and the allocation of business requires unanimity of the members of the Ombudsman Board.

Art. 148i

text

Article 148i.

(1) By means of the Land constitutional law, the Länder can also declare the Ombudsman Board to be responsible for the administration of the Land concerned; in this case, Art. 148f shall apply mutatis mutandis.

(2) If the states create institutions for the area of ​​state administration with tasks of the same kind as the ombudsman’s office, a provision corresponding to Art. 148f can be made through the state constitutional law.

(3) A Land which does not make use of the authorization of Paragraph 1 with regard to the tasks according to Art. 148a Paragraph 3 has, by means of the Land Constitutional Act, an institution with the tasks according to Art. 148a Paragraph 3 for the area of ​​Land administration to create and to take care of these tasks in accordance with Art. 148c and Art. 148d.

Art. 148j

text

Article 148j.

 More detailed provisions for the execution of this main section are to be met by federal law.

Art. 149

text

Chapter 10
Final provisions

Article 149

 (1) In addition to this Act, the following shall apply as constitutional acts within the meaning of Art. 44 Para. 1, taking into account the changes made by this Act:

Basic State Law of December 21, 1867, RGBl. No. 142, on the general rights of citizens for the kingdoms and states represented in the Imperial Council (note: Art. 8 repealed by Art. 8, Federal Law Gazette No. 684/1988 ) ;

Law of October 27, 1862, RGBl. No. 88, for the protection of house rights;

Resolution of the Provisional National Assembly of October 30, 1918, StGBl. No. 3;

Law of April 3, 1919, StGBl. No. 209, concerning the expulsion from the country and the takeover of the property of the House of Habsburg-Lothringen;

Law of April 3, 1919, StGBl. No. 211, on the abolition of the nobility, the secular orders of knights and ladies and certain titles and dignities;

Section V of III. Part of the State Treaty of Saint-Germain of September 10, 1919, StGBl. No. 303 from 1920.

(2) Article 20 of the Basic State Law of December 21, 1867, RGBl. No. 142, as well as the law of May 5, 1869, RGBl. No. 66, expire.

Art. 150

text

Article 150

 (1) The transition to the federal constitution introduced by this law is regulated by a separate constitutional law that comes into force at the same time as this law.

(2) Laws which only correspond to a new version of the federal constitutional provisions may be enacted from the date of the announcement of the federal constitutional law that brings about the change. However, they may not come into force before the new federal constitutional provisions come into force, unless they only provide for measures that are necessary for their implementation starting with the new federal constitutional provisions coming into force.

Art. 151

text

Article 151

(1) Articles 78d and 118 paragraph 8 in the version of the Federal Constitutional Law, Federal Law Gazette No. 565/1991 , come into force on January 1, 1992. Guard bodies existing on January 1, 1992 remain unaffected; this provision comes into force on January 1st, 1992

(2) Art. 10 para. 1 no. 7, 52a, 78a to 78c, Art. 102 para. 2, the designation changes in the third chapter and in Art. 102 in the version of the Federal Constitutional Law, Federal Law Gazette No. 565/1991 , shall apply In force on May 1, 1993.

(3) Art. 102 para. 5 second sentence and paras. 6 and 7 shall expire on April 30, 1993. The phrase “except for the local security police” in Art. 102 (2) will expire on April 30, 1993.

(4) Art. 26, Art. 41 Paragraph 2, Art. 49b Paragraph 3, Art. 56 Paragraph 2 to 4, Art. 95 Paragraph 1 to 3, Art. 96 Paragraph 3, and the new designation of Paragraph 1 in Art. 56 in the version of the Federal Constitutional Law, Federal Law Gazette No. 470/1992 , enter into force on May 1, 1993.

(5) Art. 54 in the version of the Federal Constitutional Law, Federal Law Gazette No. 868/1992 , comes into force on January 1, 1993.

(6) The provisions listed below come into force in the version of the Federal Constitutional Law, Federal Law Gazette No. 508/1993 as follows:

1.

Art. 10 para. 1 no. 9, Art. 11 para. 1 no. 7 and Art. 11 para. 6, 7, 8 and 9 come into force on July 1, 1994.

2.

Art. 28 para. 5, Art. 52 para. 2, the designation of the former Art. 52 para. 2 and 3 as para. 3 and 4 as well as Art. 52b enter into force on October 1, 1993.

(Note: Z 3 repealed by Federal Law Gazette I No. 114/2000 )

(Note: Paragraph 7 repealed by Federal Law Gazette I No. 127/2009 )

(7a) Art. 102 para. 2 in the version of the Federal Constitutional Law, Federal Law Gazette I No. 2/1997 , comes into force on January 1, 1994. Art. 102 para. 2 in the version of the Federal Law, Federal Law Gazette No. 532/1993 , shall also expire .

(8) Art. 54 in the version of the Federal Constitutional Law, Federal Law Gazette No. 268/1994 , comes into force on April 1, 1994.

(9) Art. 6 para. 2 and 3, Art. 26 para. 2, Art. 41 para. 2, Art. 49b para. 3 and Art. 117 para. 2 first sentence in the version of the Federal Constitutional Law, Federal Law Gazette No. 504/1994enter into force on January 1, 1995. In the legal provisions of the federal and state governments, with effect from January 1, 1996, the term “regular residence” in all its grammatical forms is replaced by the term “main residence” in the respective grammatical form, provided that the term “regular residence” does not up to will be replaced by the term “residence” at the end of December 31, 1995; From January 1, 1996 onwards, the term “normal place of residence” may no longer be used in federal and state legislation; as long as the state laws do not provide that the right to vote to the state parliament or the municipal council is determined by the main residence or the place of residence, it is based on the normal place of residence.

(10) Art. 87 para. 3 and Art. 88a in the version of the Federal Constitutional Law, Federal Law Gazette No. 506/1994 , enter into force on July 1, 1994.

(11) For the entry into force of provisions of this Federal Constitutional Law repealed by the Federal Constitutional Law, Federal Law Gazette No. 1013/1994 , for the expiry of provisions of this Federal Constitutional Law repealed and for the transition to the new legal situation, the following applies:

1.

The title of the law, Art. 21 Para. 6 and 7, Art. 56 Paragraph 2 and 4, Art. 122 Paragraph 3 to 5, Art. 123 Paragraph 2, Art. 123a Paragraph 1, Art. 124, Art. 147 para. 2 second sentence and Art. 150 para. 2 enter into force on January 1, 1995.

2.

The heading of the First Chapter, the heading of Section A in the First Chapter, Art. 10 Paragraph 1 No. 18, Art. 16 Paragraph 4, Section B of the First Chapter, Art. 30 Paragraph 3, Art. 59, Art. 73 para. 2, Art. 117 para. 2, Art. 141 para. 1 and 2, Art. 142 para. 2 lit. c and names of the now lit. d to i and Art. 142 Paragraphs 3 to 5 come into force at the same time as the State Treaty on the accession of the Republic of Austria to the European Union.

3.

At the same time as the provisions mentioned in item 2 come into force, Art. 10 Paragraphs 4 to 6 and Art. 16 Paragraph 6 in the version of the Federal Constitutional Law, Federal Law Gazette No. 276/1992, shall expire .

4th

Art. 122 para. 1 and Art. 127b enter into force on January 1, 1997. They apply to the following accounting processes on December 31, 1994.

5.

As long as the representatives of Austria in the European Parliament are not elected on the basis of a general election, they are sent by the National Council from among the members of the Federal Assembly. This secondment takes place on the basis of proposals of the parties represented in the National Council according to their strength in accordance with the principle of proportional representation. For the duration of the delegation, members of the National Council and the Federal Council can be members of the European Parliament at the same time. In addition, Art. 23b Paragraphs 1 and 2 apply accordingly. If a member of the National Council sent to the European Parliament renounces his mandate as a member of the National Council, Art. 56 Paragraphs 2 and 3 apply.

6th

Section 5 comes into force on December 22, 1994.

(11a) Art. 112 in the version of the Federal Constitutional Law, Federal Law Gazette No. 1013/1994 and Art. 103, Paragraph 3 and Art. 151, Paragraph 6, item 3 in the version of the Federal Constitutional Law, Federal Law Gazette I, No. 8/1999 come into force on January 1995 in force.

(12) Art. 59a, Art. 59b and Art. 95 Paragraph 4 in the version of the Federal Constitutional Law, Federal Law Gazette No. 392/1996 , come into force on August 1, 1996. Until the adoption of state statutory provisions in implementation of Art. 59a and Art. 95 Para. 4, the corresponding federal statutory provisions apply accordingly in the respective states, unless the states already have regulations within the meaning of Art. 59a and Art. 95 Para. 4 have issued.

(13) Art. 23e para. 6 and Art. 28 para. 5 in the version of the Federal Constitutional Law, Federal Law Gazette No. 437/1996 , enter into force on September 15, 1996.

(14) Art. 49 and Art. 49a Paragraphs 1 and 3 in the version of the Federal Constitutional Law, Federal Law Gazette No. 659/1996 , come into force on January 1, 1997.

(15) Art. 55 in the version of the Federal Constitutional Law BGBl. I No. 2/1997 comes into force on January 1st, 1997. At the same time, Art. 54 ceases to apply.

(16) Art. 147 para. 2 in the version of the Federal Constitutional Law, Federal Law Gazette I No. 64/1997 , comes into force on August 1, 1997.

(17) Art. 69 para. 2 and 3, Art. 73 para. 1, Art. 73 para. 3 and Art. 148d in the version of the Federal Constitutional Law, Federal Law Gazette I 87/1997 , come into force on September 1, 1997, Art. 129 , Section B of the sixth main part, Art. 131 Paragraph 3 and the new section names in the sixth main part come into force on January 1st, 1998.

(18) Art. 9a para. 4 in the version of the Federal Law, Federal Law Gazette I No. 30/1998 , comes into force on January 1, 1998.

(19) Art. 23f comes into force at the same time as the Treaty of Amsterdam. The Federal Chancellor has to announce this point in time in the Federal Law Gazette.

(20) In Art. 149 Paragraph 1, the following expires:

1.

the addition of the constitutional law of November 30, 1945, Federal Law Gazette No. 6/1946 , regarding the application of the law for the protection of personal freedom of October 27, 1862, RG sheet No. 87, in the proceedings before the People’s Court at the end of December 30, 1955;

2.

the phrase “Law of May 8, 1919, St. G. Bl. No. 257, on the state coat of arms and the state seal of the Republic of German Austria with the provisions of Articles 2, 5 and 6 of the Act of October 21, 1919, St. . Sheet No. 484, effected changes; “at the end of July 31, 1981.

(21) The phrase “or through the exercise of direct authority and coercion” in Art. 144, Para.

(22) Art. 10 para. 1 no. 14, Art. 15 para. 3 and 4, 18 para. 5, 21, 37 para. 2, 51b para. 6, 52b para. 1, 60 para. 2, 78d abs. 2, Art. 102102, section 118, paragraph 3, in the version of the Federal Constitutional law abs. 1, the new paragraph Description of the Art.. 6 and type.. 8, 118a and 125, para. FLG. I no. 8/1999 occur in force on January 1, 1999. Art. 102 para. 5 expires on December 31, 1998.

(23) Art. 30 para. 3 first sentence, 127c, 129c para. 4, 147 para. 2 fourth and fifth sentence and Art. 147 para. 6 first sentence in the version of the Federal Constitutional Law, Federal Law Gazette I No. 148/1999 enter into force on August 1, 1999.

(24) Art. 8 in the version of the Federal Constitutional Law BGBl .

(25) Art. 11 para. 8 in the version of the Federal Constitutional Law, Federal Law Gazette I No. 114/2000 , comes into force on December 1, 2000. Art. 151 para. 6 no. 3 expires on November 24, 2000.

(26) In the version of the Federal Constitutional Law BGBl. I No. 121/2001 come into force:

1.

Art. 18 Paragraph 3 and Art. 23e Paragraph 5 as of January 1, 1997;

2.

Art. 21 Paragraph 1 and Paragraph 6 from January 1, 1999;

3.

Art. 147 para. 2 first sentence as of August 1, 1999;

4th

Art. 18 para. 4, Art. 23b para. 2, Art. 39 para. 2 and Art. 91 para. 2 with effect from January 1, 2002;

5.

Art. 23f paras. 1 to 3 at the same time as the Treaty of Nice. The Federal Chancellor has to announce this date in Federal Law Gazette I.

(27) Art. 14b, Art. 102 Paragraph 2 and Art. 131 Paragraph 3 in the version of the Federal Law, Federal Law Gazette I No. 99/2002 come into force on January 1, 2003. Section 2, Section 4 (1), Section 5 and Section 6 (1) and (2) of the Transitional Act, Federal Law Gazette No. 368/1925 , apply accordingly. A state law that became a federal law on January 1, 2003, shall cease to be in force with the entry into force of a state law based on Art. 14b, Paragraph 3, but no later than June 30, 2003; at the same time, the corresponding provisions of the Federal Procurement Act 2002, Federal Law Gazette I No. 99/2002 , come into force.

(28) Art. 23a para. 1 and 3, Art. 26 para. 1 and 4, Art. 41 para. 2, Art. 46 para. 2, Art. 49b para. 3 and Art. 60 para. 3 first sentence in the version of the Federal Law BGBl. I No. 90/2003 come into force on January 1st, 2004.

(29) Art. 11 Para. 8 in the version of the Federal Laws BGBl. I No. 114/2000 and BGBl. I No. 100/2003 comes into force on December 1, 2000, Art. 151 Para. 7 in the version of Federal Law Gazette I No. 100/2003at the end of the day this federal law was announced. Art. 7 para. 1, Art. 8, Art. 8a, Art. 9a, Art. 10 para. 1 no. 10, Art. 13 para. 1, Art. 14 para. 1, para. 5 lit. a and para. 8, Art. 14a, Art. 15 para. 4, Art. 18 para. 4 and 5, Art. 23 para. 1 and 5, Art. 23e para. 6, Art. 26, Art. 30 para 2, Art. 34 Paragraph 2, Art. 35 Paragraph 1, Art. 42 Paragraph 4, Art. 47 Paragraph 1, Art. 48, Art. 49, Art. 49a, Art. 51, Art. 51a , Art. 51b, Art. 51c, Art. 52b, Art. 57, Art. 71, Art. 73, Art. 81a Para. 1, 4 and 5, Art. 87a, Art. 88a, Art. 89, Art. 97 para. 1 and 4, Art. 102 para. 2, Art. 112, Art. 115, Art. 116, Art. 116a, Art. 117, Art. 118, Art. 118a, Art. 119, Art. 119a, Art. 126a, Art. 126b para. 2, Art. 127 para. 3, Art. 127a, Art. 127c, Art. 134 para. 3, Art. 135, Art. 136, Art. 137, Art. 139, Art 139a, Art. 140, Art. 140a, Art. 144, Art. 146 Para. 1, Art. 147 Para. 3, Art. 148,Federal Law Gazette I No. 100/2003 enter into force on January 1, 2004.

(30) Art. 11 para. 1 no. 7 and 8 as well as para. 9 in the version of the federal law, Federal Law Gazette I No. 118/2004 , comes into effect on January 1, 2005, but not before the end of the day on which the said federal law is announced in Federal Law Gazette, in force. Unless otherwise stipulated by federal legislation, existing state law provisions in matters of Art. 11, Paragraph 1, Item 8 shall cease to apply at this point in time.

(31) Art. 10 para. 1 no. 9 and Art. 151 para. 7 in the version of the Federal Law, Federal Law Gazette I No. 153/2004 , enter into force on January 1, 2005.

(32) Art. 14 para. 5a, 6, 6a, 7a and 10 and Art. 14a para. 7 and 8 come into force at the end of the day on which the Federal Constitutional Law BGBl. I No. 31/2005 is published in the Federal Law Gazette .

(33) In the version of the Federal Constitutional Law BGBl. I No. 81/2005 come into force:

1.

Art. 151 Para. 31 at the end of December 30, 2004;

2.

Art. 8 para. 3 at the end of the month in which this Federal Constitutional Act was announced.

(33a) Art. 129a, Art. 129b and Art. 129c Paragraphs 1, 3, 5 and 7 as amended by Federal Law Gazette I No. 100/2005 come into force on January 1, 2006.

(34) Art. 9a Paragraphs 3 and 4, Art. 10 Paragraph 1 Item 15 and Art. 102 Paragraph 2 in the version of the Federal Law in Federal Law Gazette I No. 106/2005 come into force on January 1, 2006.

(35) Art. 88a as amended by Federal Law Gazette I No. 121/2005 comes into force on November 1, 2005.

(36) The following applies to the entry into force of the provisions amended or added by the Federal Constitutional Law, Federal Law Gazette I No. 27/2007 and the expiry of the provisions that have been omitted by this Federal Constitutional Act, as well as to the transition to the new legal situation:

1.

Art. 23a para. 1, 3 and 4, Art. 26 para. 1, 4, 6 and 8, Art. 30 para. 3, Art. 41 para. 3, Art. 46, Art. 49b para. 1 first sentence and para. 3 second sentence, Art. 60 para. 1 and para. 3 first sentence, Art. 95 para. 1, 2, 4 and 5, Art. 117 para. 2 and 6 and Art. 151 para. 33a join Effective July 1, 2007; at the same time, Art. 23a paras. 5 and 6 cease to apply. The national regulations must be adapted to the new legal situation by the end of December 31, 2007.

2.

Art. 26a comes into force on July 1, 2007. The reshuffle of the federal electoral authority according to this provision must take place by the end of August 31, 2007; the more detailed provisions are made in the election regulations for the National Council.

3.

Art. 27 para. 1 comes into force at the beginning of the XXIV legislative period.

(37) The following applies to the entry into force of the provisions inserted or revised by Art. 1 of the Federal Constitutional Law, Federal Law Gazette I No. 1/2008 :

1.

Art. 13 Para. 2 and 3, Art. 51 in the version of No. 4, Art. 51a, Art. 51b in the version of Nos 7 to 9a, Art. 123a Paragraph 1 and Art. 148d come into force on January 1st In force in 2009; the Federal Financial Framework Act for the financial years 2009 to 2012 and the Federal Financial Act for the financial year 2009 must already be drawn up and adopted on the basis of these provisions, whereby the draft of the Federal Financial Framework Act for the financial years 2009 to 2012 at the latest at the same time as the draft of the Federal Financial Act for the financial year 2009 must be submitted to the National Council.

2.

Art. 51 in the version of No. 5, Art. 51b in the version of No. 10, Art. 51c and Art. 51d enter into force on January 1, 2013. Art. 51 in the version of No. 4 and Art. 51b in the version of Nos 7 to 9a shall expire on December 31, 2012. This legal situation already applies to the creation of the Federal Financial Framework Act for the financial years 2013 to 2016 and the Federal Financial Act for the financial year 2013 and their resolution by the National Council.

Art. 51a in the version of the Federal Act, Federal Law Gazette I No. 100/2003 shall continue to apply until December 31, 2012.

(38) Art. 2 para. 3, Art. 3 para. 2 to 4, Art. 9 para. 2, Art. 10 para. 3 second and third sentence, Art. 20 para. 1 and 2, Art. 23f para 1 last sentence and para. 3, Art. 50, Art. 52 para. 1a, the sixth subsection of Section A of the third main part, Art. 67a, Art. 88 Para. 1, Art. 90a, Art. 112, the Headings before Art. 115, Section B of the (new) fifth main part, the headings before Art. 121 and Art. 129, Art. 134 Para. 6, the heading before Art. 148a, Art. 148a Paras. 3 to 5, Art 148c last sentence and the heading before Art. 149 in the version of the Federal Constitutional Law, Federal Law Gazette I No. 2/2008enter into force on January 1, 2008. The federal and state laws required to adapt to Art. 20, Paragraph 2, last sentence and Art. 120b, Paragraph 2 are to be enacted by 31 December 2009 at the latest.

(39) Art. 10 para. 1 nos. 1, 3, 6 and 14, Art. 78d para. 2, Art. 102 para. 2, Art. 129, Section B of the (new) seventh main part, Art. 132a, Art 135 para. 2 and 3, Art. 138 para. 1, Art. 140 para. 1 first sentence and Art. 144a in the version of the Federal Constitutional Law, Federal Law Gazette I No. 2/2008 come into force on July 1, 2008. The following applies to the transition to the new legal situation:

1.

On July 1, 2008, the previously independent Federal Asylum Senate will become the Asylum Court.

2.

Until the appointment of the President, the Vice-President and the other members of the Asylum Court, the previous chairman, the previous deputy chairman and the previous other members of the independent Federal Asylum Panel exercise their functions. The measures required for the appointment of the President, the Vice-President and the other members of the Asylum Court, as well as the admission of non-judicial employees, can take place at the end of the day on which the Federal Constitutional Law BGBl. I No. 2/2008 is announced .

3.

Members of the independent Federal Asylum Senate who apply for appointment as a member of the Asylum Court and who are personally and professionally qualified for the appointment have the right to be appointed; the requirements of Art. 129d Paragraph 3 are deemed to have been met for such applicants. The federal government decides on the appointment of such applicants.

4th

Proceedings pending at the independent Federal Asylum Senate on July 1, 2008 are to be continued by the Asylum Court. Proceedings pending at the Administrative Court or the Constitutional Court regarding complaints against notices from the independent Federal Asylum Senate must be continued with the proviso that the Asylum Court is the authority concerned.

5.

As of November 28, 2007, in proceedings pending at the independent Federal Asylum Senate, a complaint due to a violation of the duty to make a decision is no longer permissible. Proceedings already pending at the Administrative Court due to a violation of the decision-making obligation by the independent Federal Asylum Senate shall be deemed to have been discontinued after June 30, 2008; the proceedings to which the complaint relates to a breach of the duty to make a decision must be continued by the Asylum Court.

(40) Article 27 (2), Article 92 (2), Article 122 (5), Article 134 (4) and (5) and Article 147 (4) first sentence and paragraph 5 as amended by the Federal Constitutional Act BGBl. I No. 2/2008 come into force at the beginning of the XXIV legislative period. To persons who at the beginning of the XXIV. Legislative period already had a function within the meaning of Art. 92 Paragraph 2, Art. 122 Paragraph 5, Art. 134 Paragraph 4 and 5 as well as Art. 147 Paragraph 4 first sentence and Paragraph 5, these provisions in the version valid up to this point in time shall continue to apply.

(41) Art. 28 para. 4, in the version of the Federal Constitutional Law, Federal Law Gazette I No. 31/2009 , comes into force on April 1, 2009.

(42) Art. 20 para. 2 in the version of the Federal Law, Federal Law Gazette I No. 50/2010 , comes into force on October 1, 2010.

(43) Art. 23c, Art. 23d Paragraph 2, Paragraph 3 first and second sentence and Paragraph 5 first sentence, Art. 23e to Art. 23k and Art. 73 Paragraph 2 in the version of the Federal Constitutional Law, Federal Law Gazette I No. 57/2010 come into force on August 1, 2010.

(44) Art. 127a para. 1, 3, 4 and 7 to 9, Art. 127c and Art. 146 para. 1 in the version of the Federal Law, Federal Law Gazette I No. 98/2010 , come into force on January 1, 2011.

(45) Art. 6 para. 4, Art. 26 para. 5 and Art. 60 para. 3 in the version of the Federal Act, Federal Law Gazette I No. 43/2011 come into force on October 1, 2011. The expiry of the previous Art. 60 Para. 3, second sentence, allows the law on relocation and the takeover of the property of the House of Habsburg-Lothringen, StGBl. No. 209/1919 , unaffected.

(46) Art. 10 para. 1 no. 11 and Art. 102 para. 2 in the version of the Federal Law, Federal Law Gazette I No. 58/2011 , come into force on January 1, 2012. The following applies to the transition to the new legal situation:

1.

The state legal provisions regulating the matters of care allowance become federal laws within the meaning of this law.

2.

The ordinances issued on the basis of the laws mentioned in item 1 become federal ordinances and, insofar as they contradict the organizational provisions of this Act, are deemed to have been amended accordingly.

3.

The extent to which the laws and ordinances mentioned in items 1 and 2 continue to apply to proceedings pending on January 1, 2012 is determined by federal law; the federal states are entitled to carry out such procedures. The provisions of this Act applicable to the matters of Art. 11 are to be applied accordingly.

4th

More detailed provisions on the transition to the new legal situation can be made under federal law.

5.

The responsible Federal Minister reports to the National Council and the Federal Council by December 31, 2014 at the latest on the implementation of care allowance matters.

(47) Art. 15 para. 10 second sentence, Art. 116a para. 1 first sentence, Art. 116a para. 1 no. 1 and no. 2, Art. 116a para. 2, para. 3 and para. 6 and Art. 116b in the version of the Federal Constitutional Law BGBl. I No. 60/2011 come into force on October 1, 2011.

(48) Art. 22, Art. 148a, Art. 148b para. 1 first sentence and para. 3, Art. 148c last sentence, Art. 148d, Art. 148g paras. 2 to 5, Art. 148h para. 3 and 4 and Art. 148i Paragraph 3 in the version of the Federal Law, Federal Law Gazette I No. 1/2012 , come into force on July 1, 2012. The organizational and personnel measures required for the commissions and the Human Rights Advisory Council to commence their work can already be taken by the Ombudsman at the end of the day on which the Federal Law Gazette I No. 1/2012 is announcedto be hit. If a Land constitutional law is in force on July 1, 2012, by which the Ombudsman Board has also been declared responsible for the area of ​​Land administration in accordance with Art. 148i Para. 1, then it is deemed to be a Land that benefits from this authorization also with regard to the Has made use of the tasks according to Art. 148a Paragraph 3 in the version of the Federal Law, Federal Law Gazette I No. 1/2012 . State constitutional laws according to Art. 148i Paragraph 3 are to be enacted by December 31, 2012 at the latest.

(49) Art. 10 para. 1 subpara. 1a and 17, Art. 26 para. 3 first sentence, Art. 26a first sentence and Art. 141 para. 3 first sentence in the version of the Federal Law Gazette I No. 12 / 2012 come into force on April 1, 2012; at the same time, Art. 10 para. 1 no.

(50) Art. 15 para. 3 and 4, Art. 78a para. 1, Art. 78b, Art. 78c, Art. 78d para. 2 and Art. 102 para. 1 in the version of the Federal Constitutional Law, Federal Law Gazette I No. 49/2012 come into force on September 1, 2012; At the same time, the Federal Government Ordinance on the Establishment of Federal Police Headquarters and the determination of their local area of ​​activity (Federal Police Directorate Ordinance), Federal Law Gazette II No. 56/1999 , shall expire .

(51) The following applies to the entry into force of the provisions amended or added by the Federal Law Gazette I No. 51/2012 and the expiry of the provisions repealed by this Federal Law as well as to the transition to the new legal situation:

1.

The organizational and personnel measures required for the administrative courts to commence their activities can already be taken at the end of the day on which the Federal Law in Federal Law Gazette I No. 51/2012 is announced. For appointments of members of the administrative courts, which take place before January 1, 2014, Art. 134 Paragraphs 2, 3, 5 and 6 in the version of the Federal Law, Federal Law Gazette I No. 51/2012, with the stipulation that three proposals by the General Assembly of the administrative court or a committee to be elected from among its members.

2.

A right to be appointed as a member of the respective federal administrative court has:

a)

who is the chairman, deputy chairman or senate chairman of the Federal Procurement Office on July 1, 2012 and is applying for appointment as a member of the Federal Administrative Court and who is personally and professionally qualified to perform the tasks associated with the intended use

b)

Anyone who is a member of the independent Finance Senate on July 1, 2012 and is applying for appointment as a member of the Federal Administrative Court for Finance and who has personal and professional aptitude to perform the tasks associated with the intended use.

3.

The President and the Vice-President of the Federal Administrative Courts are to be appointed by the Federal Government within six weeks of the expiry of the day on which the Federal Law, Federal Law Gazette I No. 51/2012 was announced .

4th

The application for appointment as other member of the respective federal administrative court can be submitted until December 31, 2012. The requirements of Art. 134 (3) last sentence are deemed to be fulfilled for such applicants. The federal government will decide on the appointment of such applicants by the end of February 28, 2013. Persons whose application is rejected have the right to appeal against the negative decision in accordance with Art. 130 Para. 1 lit. a at the Administrative Court and, in accordance with Art. 144, at the Constitutional Court.

5.

The right to be appointed as a member of the administrative courts of the states and the appointment procedure are to be regulated by state law according to similar principles.

6th

Art. 10 para. 1 no. 3, Art. 10 para. 1 no. 8, Art. 11 para. 2, Art. 14a para. 5 first sentence, Art. 14b para. 5 second sentence, Art. 15 para. 6 penultimate Sentence, Art. 18 Paragraph 5, Art. 22, Art. 23f Paragraph 2, Art. 42a, Art. 43, Art. 49 Paragraph 2, Art. 50 Paragraph 2 and 3, Art. 97 Paragraph 2 and 4, Art. 101a, Art. 102 Para. 2, Art. 117 Paragraph 8, Art. 118 Para. 3 Item 9, Art. 127c Item 3, Art. 140a, Art. 147 Para. 3, Art. 148a Paragraph 3 no. 3 and Art. 148b Paragraph 1 first sentence in the version of the Federal Law, Federal Law Gazette I No. 51/2012as well as Art. 131 para. 3 in the version of Art. 1 no. 61 and Art. 134 para. 3 in the version of Art. 1 no. 62 of this Federal Act come into force at the end of the month of publication; At the same time, Art. 15 Para. 5, Art. 98 and Art. 127c No. 4 cease to apply. Art. 10 para. 1 no. 1, Art. 11 para. 9 (para. 7 new), Art. 12 para. 4 (para. 2 new), Art. 20 para. 2, Art. 21 para. 1 last sentence , Art. 81b para. 3 first sentence, the heading to Section B of the third main part, Art. 82 para. 1, Art. 83 para. 1, Art. 86 para. 1, Art. 87 para. 3, Art. 88 Paragraphs 2 and 3, Art. 88a, Art. 89 Paragraphs 1 to 3 and 5, Art. 90 Paragraph 1, Art. 90a, Art. 94, Art. 109, Art. 112, Art. 115 Paragraph 2 , Art. 118 Para. 4, Art. 119a Para. 9, Articles 129 to 136 including section headings (Section A new of the seventh main part),Annex in the version of the Federal Law Gazette I No. 51/2012 come into force on January 1, 2014; at the same time, Art. 11 para. 7 and 8, Art. 12 para. 2 and 3, Art. 14b para. 6, Art. 15 para. 7, Art. 81a para. 4 last sentence, Art. 81c para. 3, Art. 103 para. 4, Art. 111, Art. 119a para. 5, Art. 141 para. 3, Art. 144a and Art. 148e are no longer in force.

7th

On January 1, 2014, the Asylum Court becomes the Federal Administrative Court; the members of the Asylum Court become members of the Federal Administrative Court.

8th.

On January 1, 2014, the independent administrative senates in the federal states, the Federal Procurement Office and the independent finance senate (hereinafter: independent administrative authorities) will be dissolved; furthermore, the administrative authorities named in the annex (hereinafter: other independent administrative authorities) will be dissolved. The competence to continue the proceedings pending with these authorities at the end of December 31, 2013, as well as the proceedings pending with the supervisory authorities on presentations (Art. 119a (5)) is transferred to the administrative courts; this also applies to the proceedings pending with other authorities in which these authorities are the relevant higher authority or higher authority in the instance, with the exception of organs of the municipality.

9.

In the proceedings pending before the Administrative Court and the Constitutional Court at the end of December 31, 2013, the administrative courts will take the place of the independent administrative authorities, other independent administrative authorities and, as far as complaints procedures are concerned, all other administrative authorities with the exception of those administrative authorities that are primarily and decided or were obliged to make a decision of last instance, as well as with the exception of organs of the municipality. After the end of the proceedings before the Administrative Court regarding the decision or default by an independent administrative authority or before the Constitutional Court regarding the decision of such, the proceedings may be continued by the Administrative Court.

10.

In the appeal proceedings pending at the Administrative Court at the end of December 31, 2013, Art. 131 Para. 3 in the version of Art. 1 no. 61 of the Federal Act, Federal Law Gazette I No. 51/2012 shall continue to apply.

11.

The detailed provisions on the transfer of responsibility are made by federal law.

(52) Articles 50a to 50d as amended by Federal Law Gazette I No. 65/2012 come into force at the same time as the Treaty establishing the European Stability Mechanism.

(53) Art. 10 para. 1 items 11 and 15 and Art. 102 para. 2 as amended by Federal Law Gazette I No. 59/2013 come into force at the end of the month in which this federal law is promulgated .

(54) In the version of the Federal Constitutional Law, Federal Law Gazette I No. 114/2013 , the following comes into force or expires :

1.

Paragraph 51 Nos 4 and 6 as of June 6, 2012;

2.

Art. 49 para. 2 no. 1 as of July 1, 2012;

3.

Art. 7 para. 4, Art. 12 para. 1 no. 1, Art. 14a para. 1, Art. 16 para. 5, Art. 52 para. 4, Art. 59b para. 1 no. 2, Art. 81a para 1, Art. 127 Paragraph 8, Art. 147 Paragraph 6, Art. 148f as well as the footnote mark “*)” in Paragraph 11 item 2 and the footnote to this provision at the end of the month in which this Federal Constitutional Act is promulgated;

4th

Art. 94 para. 2 as of January 1, 2014;

5.

Art. 89 para. 2 to 4, Art. 139 para. 1, 1a, 1b, 3 last sentence, 4 and 7 and Art. 140 para. 1, 1a, 1b, 3 last sentence, 4 and 8 as of January 1st 2015.

(55) Art. 6 para. 4, Art. 10 para. 1 no. 1, Art. 130 para. 5 and Art. 141 para. 1 lit. g in the version of the Federal Constitutional Law, Federal Law Gazette I No. 115/2013 come into force on January 1, 2014.

(56) In the version of the School Authorities – Administrative Reform Act 2013, Federal Law Gazette I No. 164/2013 , come into force:

1.

Art. 14 para. 5 lit. a and b as well as the introductory sentence of Art. 81b para. 1 at the end of the day of publication in the Federal Law Gazette,

2.

Art. 81a para. 1 as of September 1, 2013,

3.

Art. 14 para. 3 lit. a, para. 4 lit. a, Art. 81a para. 2 and para. 3, Art. 81b para. 1 (if not covered by no. 1), Art. 132 para. 1 and 4 and Art. 133 para. 6 as of August 1, 2014.

(57) Art. 53, Art. 57, Art. 130 Para. 1a, Art. 136 Para. 3a and Art. 138b in the version of the Federal Law, Federal Law Gazette I No. 101/2014 , come into force on January 1, 2015.

(58) Art. 30a in the version of the Federal Law in Federal Law Gazette I No. 102/2014 comes into force on January 1, 2015.

(59) Art. 142 para. 2 lit. i in the version of the Federal Law Gazette I No. 41/2016 comes into force on January 1st, 2014. Art. 61 para. 1, Art. 68 para. 4, Art. 70 para. 2, Art. 78 para. 2, Art. 101 para. 2, Art. 122 para. 5, Art. 141 para. 1, Art 142 para. 2 lit. b and Art. 148g Paragraph 6 in the version of the Federal Law, Federal Law Gazette I No. 41/2016 come into force on 1 January 2017. Art. 95 para. 2 in the version of the Federal Act, Federal Law Gazette I No. 41/2016 comes into force on January 1, 2018.

(59) Art. 10, Paragraph 1, Item 11 and Art. 102, Paragraph 2 in the version of the Federal Law, Federal Law Gazette I No. 62/2016 , come into force on August 1, 2016.

(60) Art. 23a para. 4, Art. 26 para. 7, Art. 26a and Art. 41 para. 2 in the version of Federal Law Gazette I No. 106/2016 come into force on January 1, 2018; at the same time, Art. 26 Para. 7 expires.

(61) Art. 10 para. 1 no. 12a, Art. 14 para. 1 and 3 and para. 4 lit. a, Art. 14a Para. 1, Art. 21 Para. 1, the heading before Art. 81c, Art. 102 Para. 2, Art. 112, the fifth main part, the headings before Art. 115, 121 and 129, Art . 130 para. 1 no.3, Art. 131 para. 4 no.2 lit. b and c and para. 4 last sentence, Art. 132 para. 1 item 2, para. 4 and 5, Art. 133 para. 6, Art. 142 para. h, Art. 142 Para. 4 last sentence as well as the headings before Art. 148a and 149 in the version of the Federal Law, Federal Law Gazette I No. 138/2017enter into force on January 1, 2019. At the same time, the fifth subsection of Section A of the third main part, Art. 130 Para. 1 Item 4, Art. 132 Para. 4 and Art. 133 Para. 6 Item 4 cease to apply. Unless otherwise stipulated by federal legislation, the matters of Art. 14 Para. 3 lit. a existing basic laws and basic provisions in federal laws as well as in these matters existing state legal provisions expire. The following applies to the transition to the new legal situation:

1.

As of January 1, 2018, the Director of Education can in accordance with Art. 113 Paragraph 6 in the version of Federal Law Gazette I No. 138/2017established procedures. The governor can entrust the acting president of the state school board with the function of director of education from January 1, 2018 to June 30, 2018 inclusive. The application for entrusting the position of director of education can be submitted until the end of January 31, 2018. If the head of the state school board is entrusted by the governor, the function as director of education ends on the day of the meeting of the newly elected state parliament of the respective state. If the incumbent president of the state school board is only entrusted by the state governor with the function of education director after the newly elected state parliament has met, the function as education director ends at the end of June 30, 2018.BGBl. I No. 138/2017 is permitted. For the duration of his appointment or entrustment, the Education Director exercises the function of the incumbent President of the State School Council at the latest until the end of December 31, 2018.

2.

The President of the Education Directorate can be appointed from January 1, 2018 in accordance with the procedure set out in Art. 113 Para. 8 in the version of Federal Law Gazette I No. 138/2017 .

3.

At the end of December 31, 2018, the state school councils, including the colleges set up within the framework of the state school councils, will be dissolved. At the end of December 31, 2018, the federal and state employees working for the state school boards at that time are considered to be assigned to the Education Directorate. The responsibility for the continuation of the proceedings pending with the state school boards at the end of December 31, 2018 will be transferred to the education directorates. The same applies to the proceedings pending at the state governments at the end of December 31, 2018 in the matters specified in Art. 113 Paragraph 2 in the version of Federal Law Gazette I No. 138/2017 . The more detailed provisions on the transfer of responsibility can be made by federal law.

4th

The organizational and personnel measures required for the start of the activities of the education directorates can already be taken at the end of the day on which the federal law in Federal Law Gazette I No. 138/2017 is announced.

(62) Art. 130 Para. 2a and Art. 133 Para. 2a in the version of the Federal Law, Federal Law Gazette I No. 22/2018 come into force on May 25, 2018.

(63) The following applies to the entry into force of the Federal Act, Federal Law Gazette I No. 14/2019 :

1.

Art. 15 para. 7, 10 and 11, Art. 83 para. 1, Art. 97 para. 2, Art. 98, Art. 106, Art. 116 para. 3, Art. 117 para. 7, Art. 130 Paragraph 2, Art. 131 Paragraph 6 and Art. 136 Paragraph 3b come into force at the end of the month in which this Federal Act is promulgated. At the same time, Art. 101a ceases to apply.

2.

For persons who have been appointed regional office director or magistrate director up to this point in time, the requirements of Art. 106 first sentence or Art. 117 para. 7 second sentence in the version of this federal law are deemed to have been met.

3.

Corresponding statutory provisions remain unaffected until ordinances in accordance with Art. 83 Paragraph 1 in the version of this Federal Act are issued.

4th

Art. 10 para. 1 no. 6, 11 and 17, Art. 11 para. 1 no. 8 and 9, Art. 12 para. 1 in the wording of no. 7 and 8, Art. 97 para. 4, Art. 102 para 2 in the version of No. 18 and Art. 118 Paragraph 3 No. 10 come into force on January 1, 2020; at the same time, the Federal Constitutional Act of June 2, 1948, relating to the competence of the Federation in the field of labor law as well as worker and employee protection and professional representation, Federal Law Gazette No. 139/1948 , and Art. V of the Federal Constitutional Amendment 1974, Federal Law Gazette. No. 444/1974 , no longer in force. Art. I Paragraph 2 of the 8th Amendment of the Disabled Employment Act – 8th BEinstGNov, Federal Law Gazette No. 721/1988 , Section 1 Paragraph 3 of the Job Security Act 1991, Federal Law Gazette No. 683/1991, and Section 1 (3) of the Act to Combat Wage and Social Dumping – LSD-BG, Federal Law Gazette I No. 44/2016 , remain unaffected. For the legal provisions in force at the end of December 31, 2019, which regulate matters for which the jurisdiction for legislation and enforcement is provided by the Federal Law BGBlis newly regulated, the following applies, without prejudice to No. 5: In the matters of the previous Art. 12, the basic laws passed shall cease to apply; State laws enacted in these matters become federal laws for the state in which they were enacted or remain state laws, depending on whether the legislation in these matters is a federal or state affair based on the provisions of this Federal Constitutional Act. The same applies to the ordinances issued on the basis of these laws. If they contradict the provisions of this Federal Constitutional Law regarding the competence of the authorities, the relevant laws and ordinances are deemed to have been modified accordingly; if doubts may arise due to this interpretation rule, depending on the provisions of this Federal Constitutional Act regulating the competences, either the federal government or the relevant state government has to regulate this matter provisionally by ordinance until a statutory provision is issued. The before the entry into force of the federal lawDecisions issued in Federal Law Gazette I No. 14/2019 apply as notices from the federal or state authorities responsible on the basis of the provisions of this Federal Constitutional Act.

5.

Art. 12 para. 1 in the version of no. 7a comes into force at the point in time at which an agreement between the federal government and the states pursuant to Art. 15a para. 1 on the subject of the Federal Child and Youth Welfare Act 2013 – B- KJHG 2013, Federal Law Gazette I No. 69/2013 , comes into force (note 1) . For the legal provisions applicable at this point in time that regulate matters of maternity, infant and youth welfare, point 4 applies accordingly.

6th

Art. 10 para. 1 no. 13 and Art. 102 para. 2 in the version of no. 17 come into force on January 1, 2020. At the same time, the state legal provisions in general matters relating to the protection of personal data in non-automated data traffic become invalid.

(64) Art. 30b in the version of the Federal Law in Federal Law Gazette I No. 57/2019 comes into force on the day following the announcement. The following applies to the transition to the new legal situation:

1.

The disciplinary proceedings pending with the disciplinary commissions in the area of ​​the Parliamentary Directorate, the Court of Auditors and the Ombudsman Board until September 30, 2020 are to be continued in accordance with the provisions of the Civil Service Law Act 1979 in the version of Federal Law Gazette I No. 32/2019 .

2.

From October 1, 2020, the responsibility for carrying out disciplinary proceedings with regard to the officials of the Parliamentary Directorate , the Court of Auditors and the Ombudsman’s Office will be transferred to the Disciplinary Commission in accordance with Art .

(65) Article 69 (3) in the version of Article 19 (1) of the Federal Law, Federal Law Gazette I No. 16/2020 , shall come into force on the day on which the said federal law is promulgated and shall expire on 31 December 2020 . Art. 69 para. 3 in the version of Art. 19 subparagraph 2 of the aforementioned Federal Act comes into force on January 1, 2021.

(66) Art. 117 para. 3 in the version of Art. 5 no. 1 of the Federal Act, Federal Law Gazette I No. 24/2020 comes into force on the day on which the said federal act is announced and expires on 31 December 2020 . Art. 117 para. 3 in the version of Art. 5 no. 2 of the aforementioned Federal Act comes into force on January 1, 2021.

(____________________

Note 1: The agreement comes into force on 1.1.2020, cf. BGBl. I No. 106/2019 .)

Art. 152

text

Article 152

 The Federal Government is entrusted with the implementation of this Federal Constitutional Law.


Appendix 1

investment

Disbanded Independent Administrative Authorities
A. Confederation

1.

Appeals Senate in regulatory criminal matters in accordance with Section 168, Paragraph 1 of the Notarial Code (NO), RGBl. No. 75/1871 ;

2.

Commission pursuant to Section 7 (1) of the Constitutional Act of May 8, 1945, on the prohibition of the NSDAP (Prohibition Act 1947), StGBl. No. 13/1945 ;

3.

Landes agricultural Senate according to § 5 1 of the agricultural authorities Act 1950. No. 1/1951 Gazette.. ;

4th

Supreme Agricultural Senate in accordance with Section 6 (1) of the Agricultural Authorities Act 1950, Federal Law Gazette No. 1/1951 ;

5.

State appointment commissions in accordance with Section 345, Paragraph 1 of the Federal Act of 9 September 1955 on General Social Insurance (General Social Insurance Act – ASVG.), Federal Law Gazette No. 189;

6th

Federal Arbitration Commission pursuant to Section 346, Paragraph 1 of the Federal Act of 9 September 1955 on General Social Insurance (General Social Insurance Act – ASVG.), Federal Law Gazette No. 189;

7th

Independent Medicines Commission in accordance with Section 351h, Paragraph 1 of the Federal Act of September 9, 1955 on General Social Insurance (General Social Insurance Act – ASVG.), Federal Law Gazette No. 189;

8th.

Rail Control Commission pursuant to Section 81, Paragraph 1 of the Federal Act on Railways, Rail Vehicles on Railways and Traffic on Railways (Railway Act 1957 – EisbG), Federal Law Gazette No. 60;

9.

Federal Compensation Commission pursuant to Section 20 (1) of the Federal Act of June 25, 1958 on the Granting of Compensation for Damage incurred in connection with the occupation of Austria (Occupation Damage Act), Federal Law Gazette No. 126;

10.

Commission for the payment of claims under the Seventh Restitution Act in accordance with Section 7 (1) of the Federal Act of December 12, 1963, on the payment of certain claims arising from employment relationships in the private sector, Federal Law Gazette No. 319;

11.

Federal Distribution Commission in accordance with Section 17 of the Federal Act of March 18, 1964 on the Use of Funds Received from the Contract between the Republic of Austria and the People’s Republic of Bulgaria for the Settlement of Open Financial Questions (Distribution Act Bulgaria), Federal Law Gazette No. 129;

12th

Personnel Representation Supervisory Commission at the Federal Chancellery in accordance with Section 39 (1) of the Federal Act of March 10, 1967 on Personnel Representation in Federal Agencies (Federal Personnel Representation Act – PVG), Federal Law Gazette No. 133;

13th

Disciplinary Senate in accordance with Section 49 of the Federal Act of June 7, 1967, which regulates the profession of patent attorney (Patent Attorney Act), Federal Law Gazette No. 214;

14th

Execution chambers in accordance with Section 11a of the Federal Act of March 26, 1969 on the Execution of Imprisonment Sentences and Preventive Measures Associated with Imprisonment (StVG), Federal Law Gazette No. 144;

15th

Appointment committee according to § 13a of the Disabled Employment Act (BEinstG), Federal Law Gazette No. 22/1970 ;

16.

Supreme Patent and Trademark Senate in accordance with Section 74 (1) of the 1970 Patent Act, Federal Law Gazette No. 259;

17th

Appeals committee in accordance with Section 41a of the Federal Act of June 27, 1979 on Civil Service Law (Civil Service Law 1979 – BDG 1979), Federal Law Gazette No. 333;

18th

Higher Disciplinary Commission in accordance with Section 99 (1) of the Federal Act of June 27, 1979 on Civil Service Law (Civil Service Law 1979 – BDG 1979), Federal Law Gazette No. 333;

19th

Civil Service Complaints Council in accordance with Section 43, Paragraph 1 of the Federal Law on Civilian Service (Civil Service Act 1986 – ZDG), Federal Law Gazette No. 679;

20th

Appeals panel in accordance with Section 64 (2) of the Federal Act of 8 November 1989 on Securities and General Commodities Exchanges and on the Amendment of the Stock Exchange Selling Act 1949 and the Stock Exchange Act Amendment 1903 (Stock Exchange Act 1989 – BörseG), Federal Law Gazette No. 555;

21st

Supreme Appeals and Disciplinary Commission in accordance with Section 59 (1) of the Federal Act of June 28, 1990 on the Disciplinary Law of Lawyers and Trainee Lawyers (Disciplinary Statute for Lawyers and Trainee Lawyers – DSt) as well as on amendments to the Lawyers’ Act, the Code of Civil Procedure and the Code of Criminal Procedure, Federal Law Gazette No. 474;

22nd

Appeals committee in disciplinary matters in accordance with Section 58 (1) of the Federal Act on the Chambers of Architects and Consulting Engineers (Civil Engineers Act 1993 – ZTKG), Federal Law Gazette No. 157/1994 ;

23

Disciplinary Senate of the Austrian Medical Association at the Federal Ministry of Health in accordance with Section 180 Paragraph 1 of the Federal Act, which enacts a federal law on the practice of the medical profession and the professional representation of doctors (Doctors Act 1998 – Doctors Act 1998) and changes the Act on Reservations of Training, Federal Law Gazette I No. 169;

24.

Higher Disciplinary Council of the Chamber of Public Accountants in accordance with Section 121 of the Federal Act on Public Accountancy Professions (Wirtschaftstreuhandberufsgesetz – WTBG), Federal Law Gazette I No. 58/1999 ;

25th

Data Protection Commission in accordance with Section 35 Paragraph 1 of the Federal Act on the Protection of Personal Data (Data Protection Act 2000 – DSG 2000), Federal Law Gazette I No. 165/1999 ;

26th

Independent environmental senate in accordance with Section 1, Paragraph 1 of the Federal Act on the Environmental Senate (USG 2000), Federal Law Gazette I No. 114;

27.

Federal Communications Senate in accordance with Section 1 (2) of the Federal Act on the Establishment of a Communications Authority Austria (“KommAustria”) and a Federal Communications Senate (KommAustria Act – KOG), Federal Law Gazette I No. 32/2001 ;

28.

Disciplinary Appeals Senate in accordance with Section 58 (1) of the Federal Act on the Austrian Chamber of Pharmacists (Apothekerkammergesetz 2001), Federal Law Gazette I No. 111;

29

Higher Disciplinary Commission in accordance with Section 15, Paragraph 1, Item 2 of the Army Disciplinary Act 2002 – HDG 2002, Federal Law Gazette I No. 167;

30th

Deployment punitive organs in accordance with § 82 Paragraph 1 of the Army Disciplinary Act 2002 – HDG 2002, Federal Law Gazette I No. 167

31.

Quality control authority in accordance with Section 20 (1) of the Federal Act on Quality Assurance in Final Examinations ( Final Examination Quality Assurance Act – A-QSG), Federal Law Gazette I No. 84/2005 ;

32.

Disciplinary Senate of the Austrian Chamber of Dentists in accordance with Section 65, Paragraph 1, Item 1 of the Federal Act on Professional Representation of Members of the Dental Profession and the Dentist Profession (Zahnärztekammergesetz – ZÄKG), Federal Law Gazette I No. 154/2005 ;

33.

Copyright Senate according to Section 30 (1) of the Federal Act on Collecting Societies (Collecting Societies Act 2006 – VerwGesG 2006), Federal Law Gazette I No. 9

B. Province of Burgenland

1.

Higher performance assessment commission for state teachers for general compulsory schools in accordance with Section 10, Paragraph 1 of the Act on Authority to Exercise Authority over State Teachers for Public Compulsory Schools in Burgenland (Burgenland State Teachers Service Law 1995 – Bgld. LDHG), LGBl. No. 62 ;

2.

Higher performance assessment commission for state teachers for vocational schools in accordance with Section 11 Paragraph 1 of the Act on Authority to Exercise Authority over State Teachers for Public Compulsory Schools in Burgenland (Burgenland State Teachers Service Authority Act 1995 – Bgld. LDHG), LGBl. No. 62;

3.

Higher disciplinary committee for state teachers for general compulsory schools in accordance with Section 14, Paragraph 1 of the Act on Authority to Exercise Authority over State Teachers for Public Compulsory Schools in Burgenland (Burgenland State Teachers Service Authority Act 1995 – Bgld. LDHG), LGBl. No. 62 ;

4th

Higher Disciplinary Commission for State Teachers for Vocational Schools in accordance with Section 15 (1) of the Act on Authority to Exercise Authority over State Teachers for Public Compulsory Schools in Burgenland (Burgenland State Teachers Service Authority Act 1995 – Bgld. LDHG), LGBl. No. 62;

5.

Higher Disciplinary Commission in accordance with Section 117, Paragraph 1 of the Act of November 20, 1997 on the Service Law of State Civil Servants (Burgenland State Civil Service Service Act 1997 – LBDG 1997), LGBl. No. 17/1998.

C. State of Carinthia

1.

Higher performance assessment commission in accordance with Section 2, Paragraph 2 of the Act of June 28, 1968 on the Authority to Exercise Authority Over State Teachers for Public Agricultural and Forestry Vocational and Technical Schools (State Teachers’ Authority in Agriculture and Forestry – K-LLDHG), LGBl. No. 62;

2.

Higher disciplinary commission according to § 3 para. 2 of the law of June 28, 1968 on the authority to exercise the authority over the state teachers for public agricultural and forestry vocational and technical schools (Agriculture and Forestry State Teachers Authority Act – K-LLDHG), LGBl. No. 62;

3.

Higher performance assessment commission in accordance with Section 16 (3) of the Carinthian Municipal Employees Act 1992 – K-GBG, LGBl. No. 56

4th

Higher Disciplinary Commission in accordance with Section 60 Paragraph 1 of the Carinthian Municipal Employees Act 1992 – K-GBG, LGBl.

5.

Higher performance assessment commission in accordance with Section 38 Paragraph 1 of the Carinthian City Officials Act 1993 – K-StBG 1993, LGBl. No. 115;

6th

Higher Disciplinary Commission in accordance with Section 111 (1) of the Carinthian City Officials Act 1993 – K-StBG 1993, LGBl. No. 115;

7th

Higher Disciplinary Commission in accordance with Section 103 (1) of the Carinthian Service Law 1994 – K-DRG 1994, LGBl. No. 71;

8th.

Higher performance assessment commission in accordance with Section 10 (1) of the Act of September 28, 2000, with which lists of applicants for the acceptance of state contract teachers are provided, the authority to exercise the authority over the state teachers for public compulsory schools is determined and the State Teachers Service Law 1984 is implemented (Kärntner State Teachers Act – K-LG), LGBl. No. 80;

9.

Higher disciplinary commission in accordance with Section 14 (1) of the Act of September 28, 2000, with which lists of applicants for the acceptance of state contract teachers are provided, the authority to exercise authority over the state teachers for public compulsory schools is determined and the State Teachers Service Law 1984 is implemented (Carinthian State Teachers Act – K-LG), LGBl. No. 80;

10.

Land transport commission in accordance with Section 12 (1) of the Act of 18 December 2003 regulating land transport (Carinthian Land Transport Act 2002 – K-GVG), LGBl.

D. Province of Lower Austria

1.

Higher Disciplinary Commission in accordance with Section 181 (1) of the Lower Austrian State Employees Act (NÖ LBG), LGBl. 2100;

2.

Description commissions in accordance with Section 22, Paragraph 1 of the Lower Austrian Municipal Office Service Regulations 1976 (GBDO), LGBl. 2400;

3.

Higher Disciplinary Commission in accordance with Section 121, Paragraph 1 of the Lower Austrian Municipal Service Regulations 1976 (GBDO), LGBl. 2400;

4th

Higher performance assessment commission in accordance with Section 15 (1) of the Lower Austrian State Teachers Authority Act 1976, LGBl. 2600;

5.

Higher Disciplinary Commission in accordance with Section 18 (1) of the Lower Austrian State Teachers Authority Act 1976, LGBl. 2600;

6th

Higher performance assessment commission in accordance with Section 4, Paragraph 1 of the Lower Austrian Land and Forestry State Teachers Authority Act, LGBl. 2620;

7th

Higher Disciplinary Commission in accordance with Section 7 (1) of the Lower Austrian Land and Forestry State Teachers Authority Act, LGBl. 2620;

8th.

State Commission for Hunting and Game Damage in accordance with Section 118 (1) of the Lower Austrian Hunting Act 1974 (Lower Austria JG), LGBl. 6500;

9.

Land transport commission in accordance with Section 8 of the Lower Austrian Land Transport Act 2007 (Lower Austria GVG 2007), LGBl. 6800

10.

Real estate traffic commission for foreign persons according to § 21 of the Lower Austrian Basic Traffic Act 2007 (Lower Austria GVG 2007), LGBl. 6800

E. Province of Upper Austria

1.

Higher Performance Assessment Commission for State Teachers for General Compulsory Schools in accordance with Section 11 Paragraph 1 of the Act of March 4, 1986 on Responsibility to Exercise Authority Over State Teachers for Public Compulsory Schools (Upper Austrian State Teachers Authority Act 1986 – Upper Austrian LDHG 1986), LGBl. No. 18;

2.

Higher performance assessment commission for state teachers for vocational schools in accordance with Section 12, Paragraph 1 of the Act of March 4, 1986 on the responsibility to exercise the authority over state teachers for public compulsory schools (Upper Austrian State Teachers Authority Act 1986 – Upper Austrian LDHG 1986), LGBl. No. 18;

3.

Higher Disciplinary Commission for State Teachers for General Compulsory Schools in accordance with Section 15 (1) of the Act of March 4, 1986 on the Responsibility to Exercise Authority Over State Teachers for Public Compulsory Schools (Upper Austrian State Teachers Service Authority 1986 – Upper Austrian LDHG 1986), LGBl. No. 18;

4th

Higher Disciplinary Commission for State Teachers for Vocational Schools in accordance with Section 16, Paragraph 1 of the Act of March 4, 1986 on Responsibility to Exercise Authority Over State Teachers for Public Compulsory Schools (Upper Austrian State Teachers’ Service Law 1986 – Upper Austrian LDHG 1986), LGBl. No. 18 ;

5.

Higher performance assessment commission in accordance with Section 3, Paragraph 1 of the Act of March 4, 1988 regarding the competence to exercise the authority over the state teachers for public agricultural and forestry vocational and technical schools (Upper Austria. Agricultural and Forestry State Teachers Authority Act 1988 – Upper Austria. LLDHG 1988), LGBl. No. 32;

6th

Higher Disciplinary Commission in accordance with Section 5 (1) of the Act of March 4, 1988 on the responsibility for exercising the authority over the state teachers for public agricultural and forestry vocational and technical schools (Upper Austrian Agricultural and Forestry State Teachers Authority Act 1988 – Upper Austrian LLDHG 1988 ), LGBl. No. 32;

7th

Higher Disciplinary Commission in accordance with Section 119 (1) of the Provincial Law of December 3, 1993 on the Service Law of Civil Servants in the State of Upper Austria (Upper Austrian State Officials Act 1993 – Upper Austrian LBG), LGBl.

8th.

Land Traffic Commission in accordance with Section 25 (2) of the Land Act of 7 July 1994 on the Movement of Real Estate (Upper Austrian Land Traffic Act 1994 – Upper Austrian GVG 1994), LGBl. No. 88;

9.

Higher Disciplinary Commission in accordance with Section 143 (1) of the State Law on Service Law for Employees of the Upper Austrian Municipalities (with the exception of cities with their own statute) and associations of municipalities (Upper Austrian Municipal Employees Act 2001 – Upper Austrian GBG 2001), LGBl. No. 48;

10.

Higher Disciplinary Commission in accordance with Section 106 (1) of the State Law on the Service Law of Civil Servants in the cities with their own statute (Upper Austrian Statuargemeinden-Beamtengesetz 2002 – Upper Austrian StGBG 2002), LGBl. No. 50;

11.

Higher disciplinary commission in accordance with Section 53 (1) of the State Law on Service and Salary Law for Employees of Upper Austria. Municipalities (with the exception of cities with their own statutes) and associations of municipalities (Upper Austrian Municipal Service Law and Salary Act 2002 – Upper Austrian GDG 2002), LGBl. No. 52.

F. State of Salzburg

1.

Disciplinary commission according to § 12 Z 2 of the Salzburg Municipal Officials Act 1968, LGBl. No. 27;

2.

Performance assessment commission for agricultural and forestry state teachers according to § 3 paragraph 1 of the law of 8 July 1981 on the competence to exercise the authority over the state teachers for agricultural and forestry vocational and technical schools (Salzburg Agricultural and Forestry State Teacher Service Law 1981), LGBl No. 80;

3.

Disciplinary commission for agricultural and forestry state teachers in accordance with Section 5 (1) of the law of 8 July 1981 on the competence to exercise the authority over the state teachers for agricultural and forestry vocational and technical schools (Salzburg State Agricultural and Forestry State Teachers’ Service Act 1981), LGBl No. 80;

4th

Performance assessment commission in accordance with Section 22 Paragraph 1 of the Salzburg State Officials Act 1987 – L-BG, LGBl. No. 1;

5.

Disciplinary Commission in accordance with Section 38 (2) of the Salzburg State Officials Act 1987 – L-BG, LGBl. No. 1;

6th

Higher performance assessment commission in accordance with Section 4 (1) of the Salzburg State Teachers Authority Act 1995 – LDHG 1995, LGBl. No. 138;

7th

Higher Disciplinary Commission in accordance with Section 8 (1) of the Salzburg State Teachers Authority Act 1995 – LDHG 1995, LGBl. No. 138;

8th.

Disciplinary Commission in accordance with Section 105 (2) of the Act of February 5, 2003 on the Service Law of Civil Servants in the State Capital of Salzburg (Magistrats-Officials Act 2002 – MagBG), LGBl. No. 42/2003;

9.

Procurement Control Senate in accordance with Section 2 (1) of the Act of 7 February 2007 on the Control of the Award of Public Contracts (Salzburg Procurement Control Act 2007 – S.VKG 2007), LGBl. No. 28.

G. State of Styria

1.

Higher performance assessment commission for state teachers for general compulsory schools in accordance with Section 9, Paragraph 2 of the Act of 30 June 1966 on the Authority to Exercise Authority over State Teachers for Compulsory Schools in Styria (Styrian State Teachers Authority Act 1966 – LDHG.1966), LGBl. No. 209 ;

2.

Higher performance assessment commission of state teachers for vocational compulsory schools in accordance with Section 10 (2) of the law of 30 June 1966 on the authority to exercise authority over the state teachers for compulsory schools in Styria (Styrian State Teachers Authority Act 1966 – LDHG.1966), LGBl. No. 209 ;

3.

Higher Disciplinary Commission for State Teachers for General Compulsory Schools in accordance with Section 16 (2) of the Act of 30 June 1966 on the Authority to Exercise Authority over State Teachers for Compulsory Schools in Styria (Styrian State Teachers Service Law 1966 – LDHG.1966), LGBl. No. 209 ;

4th

Higher Disciplinary Commission for State Teachers for Vocational Compulsory Schools in accordance with Section 17 (2) of the Act of June 30, 1966 on the Authority to Exercise Authority over State Teachers for Compulsory Schools in Styria (Styrian State Teachers Service Law 1966 – LDHG.1966), LGBl. No. 209 ;

5.

Higher performance assessment commission for agricultural and forestry state teachers in accordance with Section 3 (2) of the Act of October 29, 1969 on the authority to exercise the authority over the state teachers for public agricultural and forestry vocational and technical schools (Agriculture and Forestry State Teacher Authority Act), LGBl No. 9/1970;

6th

Higher disciplinary commission in accordance with Section 5, Paragraph 1 of the Act of October 29, 1969 on the Authority to Exercise Authority Over State Teachers for Public Agricultural and Forestry Vocational and Technical Schools (State Teacher Authority Act for Agriculture and Forestry), LGBl. No. 9 / 1970;

7th

Appeals Senate of the Styrian State Hunters Association in accordance with Section 5, Paragraph 1 of the Act of November 10, 1992, with which a disciplinary order for the Styrian State Hunters Association is enacted, LGBl. No. 16/1993;

8th.

Service appraisal commission in accordance with Section 84 (1) of the Law on Service and Salary Law for Employees of the State of Styria (Styria L-DBR), LGBl. No. 29/2003;

9.

Higher disciplinary commission in accordance with Section 95, Paragraph 1 of the Law on Service and Pay Law for Employees of the State of Styria (Styria L-DBR), LGBl. No. 29/2003.

H. State of Tyrol

1.

Provincial Court Commission in accordance with Section 9 Paragraph 3 of the Act of June 12, 1900 on the Special Legal Relationships of Closed Courtyards, effective for the ducal county of Tyrol, LGBl. No. 47;

2.

Higher Disciplinary Commission in accordance with Section 74 (1) of the Community Officials Act 1970, LGBl. No. 9;

3.

Service appraisal commission of the Tyrolean community officials in accordance with Section 16 (2) of the Community Officials Act 1970, LGBl. No. 9;

4th

Higher Disciplinary Commission in accordance with Section 65 (1) of the Innsbruck Municipal Officials Act 1970, LGBl. No. 44;

5.

Service description committees in accordance with Section 16 (9) of the Innsbruck Municipal Officials Act 1970, LGBl. No. 44;

6th

Higher performance assessment commission for state teachers in accordance with Section 8, Paragraph 1 of the Act of July 1, 1998 on the Authority to Exercise Authority over State Teachers (Tyrolean State Teachers Authority Act 1998), LGBl. No. 74;

7th

Higher Disciplinary Commission for State Teachers in accordance with Section 11, Paragraph 1 of the Act of July 1, 1998 on the Authority to Exercise Authority over State Teachers (Tyrolean State Teachers Authority Act 1998), LGBl. No. 74;

8th.

Higher Administrative Commission for Sickness and Accident Welfare for State Officials in accordance with Section 62 of the Officials and Teachers Health and Accident Welfare Act 1998, LGBl. No. 97;

9.

Higher Administrative Commission of Health and Accident Welfare for State Teachers in accordance with Section 72 of the Civil Service and Teachers Health and Accident Welfare Act 1998, LGBl. No. 97;

10.

Higher Administrative Commission for Sickness and Accident Welfare for Tyrolean municipal officials in accordance with Section 76 of the Municipal Officials Sickness and Accident Welfare Act 1998, LGBl. No. 98;

11.

Performance assessment committee for state officials according to § 2 lit. a of the State Civil Servants Act 1998, LGBl. No. 65;

12th

Higher disciplinary commission for state officials according to § 2 lit. a of the State Civil Servants Act 1998, LGBl. No. 65;

13th

Appointment committee according to § 38 paragraph 3 of the Tyrolean Tourism Act 2006, LGBl. No. 19;

14th

Appeals committee in tax matters in accordance with Section 5 (1) of the Act of September 30, 2009 on the tax authorities of the state and the municipalities as well as on criminal law in matters of taxes regulated by state law (Tyrolean Tax Act – TAbgG), LGBl.

15th

Higher reallocation authority according to § 93 of the Tyrolean Regional Planning Act 2011 – TROG 2011, LGBl. No. 56.

I. State of Vorarlberg

Higher performance assessment commission in accordance with Section 4, Paragraph 4 of the Act on Authority to Exercise Authority over State Teachers for Public Compulsory Schools (State Teachers Authority Act), LGBl. No. 34/1964.

J. State of Vienna

1.

Building authority according to § 138 of the Vienna City Development, Urban Planning and Building Code (Building Regulations for Vienna – BO for Vienna), LGBl. No. 11/1930;

2.

Higher Arbitration Commission according to § 116 of the Law on the Regulation of Hunting (Vienna Hunting Law), LGBl. No. 6/1948

3.

Tax Appeal Committee in accordance with Section 203 of the Law on the Organization of Taxes in Vienna (WAOR), LGBl.

4th

Appeals Senate in accordance with Section 48a (1) of the Constitution of the Federal Capital Vienna (Vienna City Constitution – WStV), LGBl. No. 28/1968;

5.

Higher performance assessment commission at the City School Council for Vienna in accordance with § 4 Para. b of the law on the authority to exercise the authority over the Viennese state teachers for elementary, secondary, special schools and polytechnic schools as well as for vocational schools (Wiener Landeslehrer und Landeslehrerinnen-Diensthorheitsgesetz 1978 – LDHG 1978), LGBl. No. 4/1979 ;

6th

Higher disciplinary commission at the City School Council for Vienna in accordance with § 9 Paragraph 1 lit. c of the law concerning the competence to exercise the authority over the Viennese state teachers for elementary, secondary, special schools and polytechnic schools as well as for vocational schools (Wiener Landeslehrer und Landeslehrerinnen-Diensthorheitsgesetz 1978 – LDHG 1978), LGBl. No. 4/1979 ;

7th

Service Law Senate in accordance with Section 74a of the Law on Service Law for Civil Servants in the Federal Capital of Vienna (Service Regulations 1994 – DO 1994), LGBl. No. 56;

8th.

Procurement Control Senate in accordance with Section 3 of the Vienna Procurement Law Protection Act 2007 (WVRG 2007), LGBl. No. 65/2006.

Categories: Law of Austria

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