{ Adopted in: 1920 }
{ Revised in: 1929 }
{ Reinstated in: 1945 }
{ Last Amendment: 30 December 2021 }
{ ICL Document Status: 1 January 2021 }
{ Editor's Note:The ICL edition is based on the translation provided by the government. The amendments from 01.01.2015 to 01.01.2021 were translated from the German version as published on the government server. The text was adapted to ICL guidelines by Adina Keller. }
Article 1 [Republic, Democracy]Austria is a democratic republic. Its law emanates from the people.
Article 2 [Federal State](1) Austria is a federal state.
(2) The Federal State is composed of the autonomous States of Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tirol, Vorarlberg, and Vienna.
(3) Changes in the number of the provinces or a restriction of the participation of the provinces provided for in this para and in Art. 3 do also require constitutional regulations of the provinces.
Article 3 [Territory](1) The federal territory comprises the territories of the Federal States.
(2) State treaties changing the federal border may only be concluded with the consent of the provinces affected.
(3) Border changes within the federal territory require concurrent laws of the Federation and the provinces affected. For border adjustments within the federal territory concurrent laws of the provinces affected are sufficient.
(4) In so far they do not concern border adjustments, resolutions of the House of Representatives on border changes pursuant to para 2 and 3 require the presence of at least half the members and a majority of two thirds of the votes cast.
Article 4 [Currency, Customs](1) The federal territory constitutes a uniform currency, economic, and customs area.
(2) Within the Federation, internal customs borders or other traffic restrictions may not be established.
Article 5 [Capital](1) The federal capital and seat of the highest federal authorities is Vienna.
(2) For the duration of extraordinary circumstances the Federal President can, at the request of the Federal Government, remove the seat of the highest federal authorities elsewhere in federal territory.
Article 6 [Nationality, Principal Domicile](1) For the Republic of Austria there is a uniform nationality.
(2) Nationals are citizens of the province where they have their principal domicile; province laws can however stipulate that also nationals who have a domicile, but not their principal domicile, in the province are citizens of that province.
(3) A person's principal domicile is established in the place where he has settled with the intention, provable or emerging from the circumstances, of setting up there the centre of his relations of life. If this requirement is, on the basis of an overall consideration of a person's professional, economic and social relations of life, met by more than one domicile, this person has to designate as his principal domicile the one which he has the closest relationship to.
(4) In the matters of holding the election of the Federal President, elections for the general representative bodies and the European Parliament, the election of the mayor by those entitled to elect the municipal council, in the matters of holding popular initiatives, referenda and consultations of the people as provided by the federal constitution or the constitution of a province as well as in matters of the direct participation of those entitled to elect the municipal council in handling the matters of the own sphere of competence of the municipality, for the duration of a detention or arrest in the sense of the Federal Constitutional Law, Federal Law Gazette No. 684/1988, the last residences outside the place of the arrest or detention and the last main residence outside the place of the arrest or detention that a person had before the arrest or detention are deemed to be the residences or the main residence, respectively, of the person arrested or detained.
Article 7 [Equality, Political Rights](1) All nationals are equal before the law. Privileges based upon birth, sex, estate, class or religion are excluded. No one may be discriminated against because of his disability. The Republic (Federation, provinces and municipalities) commits itself to ensuring the equal treatment of disabled and non- disabled persons in all spheres of everyday life.
(2) The Federation, provinces and municipalities subscribe to the de-facto equality of men and women. Measures to promote factual equality of women and men, in particular by eliminating actually existing inequalities, are admissible.
(3) Official designations can be applied in such a way as to indicate the sex of the officer holder. The same holds good for titles, academic degrees and descriptions of occupations.
(4) Public employees, including members of the federal army, are guaranteed the unrestricted exercise of their political rights.
Article 8 [Official Language](1) German is the official language of the Republic without prejudice to the rights provided by federal law for linguistic minorities.
(2) The Republic (Federation, provinces and municipalities) subscribe to its linguistic and cultural multiplicity having grown, expressed in the autochthonous ethnic groups. Language and culture, existence and preservation of these ethnic groups are to be respected, safeguarded and to be supported.
(3) The Austrian sign language is recognized as independent language. Details are regulated by the laws.
Article 8a [State Colors, Flag, Coat of Arms, Seal](1) The colors of the Republic of Austria are redwhitered. The flag consists of three identically broad horizontal stripes of which the intermediate is white the upper and the lower are red.
(2) The federal Coat of Arms consists of an unfettered singleheaded, black, giltarmed and redtongued eagle on whose breast is imposed a red shield intersected by a silver crosspiece. On its head, the eagle bears a mural crown with three visible merlons. A sundered iron chain rings both talons. The right holds a golden sickle with inward turned blade, the left a golden hammer.
(3) Detailed provisions, in particular as to safeguard of the colors, the coat of arms, and the seal of the Republic, are settled by federal law.
Article 9 [International Law, Transfer of Powers](1) The generally recognized rules of international law are regarded as integral parts of federal law.
(2) By law or a state treaty approved pursuant to Art. 50 para 1 single sovereign powers may be transferred to other states or international organizations. In the same way, the activity of organs of foreign states or international organizations inside Austria and the activity of Austrian organs abroad may be regulated as well as the transfer of single sovereign powers of other states or international organizations to Austrian organs be provided for. Within this frame it may be provided for that Austrian organs are to be subject to the authority of organs of other states or international organizations or such be subject to the authority of Austrian organs.
Article 9a [Defense, Military Service](1) Austria subscribes to universal national defence. Its task is to preserve the federal territory's outside independence as well as its inviolability and its unity, especially as regards the maintenance and defence of permanent neutrality. In this connection, too, the constitutional establishments and their capacity to function as well as the democratic freedoms of residents require to be safeguarded and defended against acts of armed attack from outside.
(2) Universal national defence comprises military, intellectual, civil, and economic national defence.
(3) Every male Austrian national is liable for military service. Conscientious objectors who refuse the fulfilment of compulsory military service and are exonerated therefrom must perform an alternative service. The details are settled by law.
(4) Conscientious objectors who refuse the fulfilment of compulsory military service and are exonerated therefrom must perform an alternative service (civilian service).
Article 10 [Federal Legislation and Execution]
(1) The Federation has powers of legislation and execution in the following matters:
1. Federal Constitution, in particular elections to the House of Representatives, and popular initiatives, referenda and consultations of the people as provided by the Federal Constitution; constitutional jurisdiction; administrative jurisdiction with the exception of the organization of the Administrative Courts of the provinces;
1a. elections to the European Parliament; European Citizens' Initiative;
2. foreign affairs including political and economic representation with regard to other countries, in particular the conclusion of state treaties, notwithstanding province-competence in accordance with Art. 16 para 1; demarcation of frontiers; trade in goods and livestock with other countries; customs;
3. regulation and control of entry into and exit from the federal territory; immigration and emigration including the right of abode for humanitarian reasons; passports; residence prohibition, expulsion and deportation; asylum; extradition;
4. federal finances, in particular taxes to be collected exclusively or in part on behalf of the Federation; monopolies;
5. the monetary, credit, stock exchange and banking system; the weights and measures, standards, and hallmark system;
6. civil law affairs, including the rules relating to economic association but excluding regulations which render real property transactions, legal acquisition on death by individuals outside the circle of legal heirs not excepted, with aliens and transactions in built-up real property or such as is earmarked for development subject to restrictions by the administrative authorities; private endowment affairs; criminal law, excluding administrative penal law and administrative penal procedure in matters which fall within the autonomous sphere of competence of the provinces; administration of justice; establishments for the protection of society against criminal or otherwise dangerous elements; copyright; press affairs; expropriation in so far as it does not concern matters falling within the autonomous sphere of competence of the provinces; matters pertaining to notaries, lawyers, and related professions; adjustment of disputes out of court in matters of civil law affairs and of criminal law affairs.
7. maintenance of public peace, order and security including the extension of primary assistance in general, but with the exception local public safety matters; the right of association and assembly; matters pertaining to personal status, including the registration of births, marriages and deaths, and change of name; aliens police and residence registration; matters pertaining to weapons, ammunition and explosives, and the use of fire- arms;
8. matters pertaining to trade and industry; public advertising and commercial brokerage; restraint of unfair competition; antitrust law patent matters and the protection of designs, trade-marks, and other commodity descriptions; matters pertaining to patent agents; matters pertaining to civil engineering; chambers of commerce, trade, and industry; establishment of professional associations in so far as they extend to the federal territory as a whole with the exception of those in the field of agriculture and forestry;
9. the traffic system relating to the railways, aviation, and shipping in so far as the last of these does not fall under Article
11; motor traffic; matters, with exception of the highway police, which concern roads declared by federal law as federal highways on account of their importance for transit traffic; river and navigation police in so far as these do not fall under Article
11; the postal and telecommunications system; environmental compatibility evaluation for projects relating to these matters where material effects on the environment are to be anticipated;
10. mining; forestry, including drifting; water rights; control and conservation of waters for the safe diversion of floods or for shipping and raft transport; regulation of torrents; construction and maintenance of waterways regulation and standardization of electrical plants and establishments as well as safety measures in this field; provisions of electric power transmission in so far as the transmission extends over two or more States, matters of steam and other powerdriven engines; surveying;
11. labor legislation in so far as it does not fall under Article
11, however including worker's rights and protection of employees in sawmills, resin processing plants, mills and dairies operated by agricultural and forestry cooperatives, provided that a number of employees to be determined by federal law is permanently employed in them; these employees are subject to the legal provisions applicable to employees in commercial establishments; social and contractual insurance; nursing care allowance; social compensation legislation; compulsory education for juveniles; chambers of labour with the exception of those relating to agriculture and forestry, however including employees in sawmills, resin processing plants, mills and dairies operated by agricultural and forestry cooperatives, provided that a number of employees to be determined by federal law is permanently employed in them;
12. public health with the exception of burial and disposal of the dead and community sanitation and first aid services, but only sanitary supervision with respect to hospitals, nursing homes, health resorts and natural curative resources; measures to counter factors hazardous to the environment through the transcendence of immission limit; clear air maintenance notwithstanding the competence of the provinces for heating installations; refuse disposal in respect of dangerous refuse, but in respect of other refuse only in so far as a need for the issue of uniform regulations exists; veterinary affairs; nutrition affairs, including foodstuffs inspection; and in plant safety appliances including their admission and, in the case of seed and plant commodities, likewise their acceptance;
12a. University and tertiary-level training and educational system in matters pertaining student hostels
13. archive and library services for the sciences and specialist purposes; matters pertaining to federal collections and establishments serving the arts and sciences; matters pertaining to the federal theatres with the exception of building affairs; the preservation of monuments; religious affairs; census as well as - allowing for the rights of the provinces to engage within their own territory in every kind of statistical activity - other statistics in so far as they do not serve the interests of one province only; general matters of the protection of person-related data; endowments and foundations when their purposes extend beyond a single province's sphere of interests and they have hitherto not been autonomously administered by the provinces;
14. organization and command of the federal police; settlement of the conditions pertaining to the establishment and organization of other protective forces with the exception of the municipal constabularies; settlement of the conditions pertaining to the armament of the protective forces and their right to make use of their weapons.
15. military affairs; matters pertaining to civilian service; war damage measures; care of war graves; whatever measures seem necessary by reason or in consequence of war to ensure the uniform conduct of economic affairs, in particular with regard to the population's supply with essentials;
16. the establishment of federal authorities and other federal agencies; service code for and staff representation rights of federal employees;
17. population policy
18.
(repealed)(2) In federal laws on the right of succession to undivided farm estate as well as in federal laws promulgated in accordance with para 1 sub-para 10 above province-legislatures can be empowered to issue implementing provisions with respect to individual provisions which must be specifically designated. The provisions of Art. 15 para 6 apply mutatis mutandis to this provincial legislation. Execution of the implementing laws issued in such cases lies with the Federation, but the enabling ordinances, in so far as they relate to the implementing provisions of the province-law, need foregoing agreement with the Land Government concerned.
(3) Before the Federation concludes state treaties which make necessary implementing measures in the sense of Art. 16 or affect the autonomous sphere of competence of the provinces in another way it must give the provinces the opportunity to give their opinion. Is the Federation in possession of a uniform opinion of the provinces, the Federation is bound thereby when concluding the state treaty. The Federation may depart therefrom only for compelling foreign policy reasons; it has to advise the provinces of these reasons without delay.
Art. 11 [Federal Legislation and State Execution](1) In the following matters legislation is the business of the Federation, execution that of the provinces:
1. nationality;
2. professional associations in so far as they do not fall under Art. 10, but with the exception of those in the field of agriculture and forestry as well as in the field of alpine guidance and skiing instruction and in that of sport instruction falling within provinces autonomous competence;
3. social housing affairs with the exception of the promotion of domestic dwelling construction and domestic rehabilitation;
4. road police;
5. sanitation;
6. inland shipping as regards shipping licences, shipping facilities and compulsory measures pertaining to such facilities in so far as it does not apply to the Danube, Lake Constance, Lake Neusiedl, and boundary stretches of other frontier waters; river and navigation police on inland waters with the exception of the Danube, Lake Constance, Lake Neusiedl, and boundary stretches of other frontier waters;
7. Environmental impact assessment for projects relating to these matters where material effects on the environment are to be anticipated; in so far as a need for the issue of uniform regulations is considered to exist, the approval of such projects.
8. Animal protection, to the extent not being in the competence of federal legislation according to other regulations, but with the exception of the exercise of hunting or fishing.
9. labour-legislation and protection of workers and employees in so far as these are agricultural and forestry workers.
(2) In so far as a need for the issue of uniform regulations is considered to exist, the administrative procedure, the general provisions of administrative penal law, the administrative penal procedure and the administrative execution also in matters where legislation lies with the provinces, are prescribed by federal law; divergent regulations can be made in federal or province laws settling the individual spheres of administration only when they are requisite for regularization of the matter in hand.
(3) Enabling ordinances to the federal laws promulgated in accordance with paras 1 and 2 above have to be issued, save as otherwise provided in these laws, by the Federation. The manner of publication for enabling ordinances whose issue by the provinces in matters concerning para 1, sub-paras 4 and 6 above is empowered by federal law can be prescribed by federal law.
(4) The application of the laws promulgated pursuant to para 2 and the enabling ordinances issued hereto lies with the Federation or the provinces, depending on whether the business which forms the subject of the procedure is a matter for execution by the Federation or the provinces.
(5) Federal laws can lay down uniform output limits for atmospheric pollutants in so far as a need for the issue of uniform regulations exists. These may not be exceeded in the federal and province regulations prescribed for the individual sectors of the administration.
(6) In so far as a need for the issue of uniform regulations is considered to exist, federal law prescribes likewise the citizens ì participation procedure for projects to be governed by federal law, the participation in the administrative procedures subsequent to a citizens' participation procedure, and consideration of the results of the citizens' participation procedure at the time of the issue of the requisite permissions for the projects in question as well as the approval of the project specified in Art. 10 para 1 sub-para 9. In respect of the execution of these regulations para 4 applies.
(7) In the matters specified in para 1 sub-para 7 and 8 the following powers are vested in the Federal Government and in the individual Federal Ministers as against a Land Government:
1. the power to inspect via federal agents documents of the province authorities;
2. the power to demand the transmission of reports respecting the execution of laws and ordinances issued by the Federation;
3. the power to demand for the preparation of the issue of laws and ordinances by the Federation all information necessary respecting execution;
4. the power in certain instances to demand information and the presentation of documents in so far as this is necessary for the exercise of other powers.
Article 12 [Federal Framework Legislation](1) In the following matters legislation as regards principles is the business of the Federation, the issue of implementing laws and execution the business of the provinces:
1. social-welfare; hospitals and nursing homes;
2. electricity in so far as it does not fall under Art. 10;
(2) Fundamental laws and fundamental provisions in federal legislation are be expressly specified as such.
Article 13 [Taxation](1) The competences of the Federation and the provinces in the field of taxation will be prescribed in a special federal constitutional law ("Financial Constitution Law").
(2) The Federation, the provinces and the municipalities must aim at the securement of an overall balance and sustainable balanced budgets in the conduct of their economic affairs. They have to coordinate their budgeting with regard to these goals.
(3) Federation, provinces and municipalities have to aim at the equal status of women and men in the budgeting.
Article 14 [Education](1) Save as provided otherwise in the following paragraphs, legislation and execution in the field of schooling and in the field of education in matters pertaining to pupil hostels are the business of the Federation. The matters settled in Art. 14a do not belong to schooling and education within the meaning of this Article.
(2) Save as provided otherwise by para 4 sub-para a below, legislation is the business of the Federation, execution the business of the provinces in matters pertaining to the service code for and staff representation rights of teachers at public compulsory schools. Such federal laws can empower provincial legislatures to issue implementing provisions to individual provisions which is to be precisely specified; in these instances the provisions of Art. 15 para 6 apply mutatis mutandis. The enabling ordinances in respect of such federal laws, save as provided otherwise herein, will be issued by the Federation.
(3) In the following matters legislation as regards principles is the business of the Federation, the issue of implementing laws and execution the business of the provinces:
a) framework organization (structure, organizational forms, establishment, maintenance, dissolution, local districts, sizes of classes and instruction periods) of public compulsory schools;
b) framework organization of publicly maintained student hostels provided exclusively or mainly for pupils of compulsory schools;
c) professional-employment qualifications for kindergarten teachers and educational assistants to be employed by the provinces, municipalities, or municipal associations at the centres and student hostels provided exclusively or mainly for pupils of compulsory schools.
(4) In the following matters legislation and execution is the business of the provinces:
a) competence of authorities, on the basis of laws promulgated pursuant to para 2 above, to exercise the service prerogative over teachers at public compulsory schools;
b) the kindergarten system and the day-homes system.
(5) In the following matters legislation and execution are, in deviation from the provisions of paras 2 to 4 above, the business of the Federation:
a) public practice schools, demonstration kindergartens, demonstration day-homes and demonstration student hostels attached to a public school for the purpose of practical instruction as provided by the curriculum;
b) publicly maintained student hostels intended exclusively or mainly for pupils of the practice schools mentioned in sub-para a;
c) the service-code for and staff representation rights of teachers, educational assistants and kindergarten teachers at the public institutions mentioned in sub-paras a and b.
(5a) Democracy, humanity, solidarity, peace and justice as well as openness and tolerance towards people are the elementary values of the school, based on which it secures for the whole population, independent from origin, social situation and financial background a maximum of educational level, permanently safeguarding and developing optimal quality. In a partnership - like cooperation between pupils, parents and teachers, children and juveniles are to be allowed the optimal intellectual, mental and physical development to let them become healthy, self-confident, happy, performance-oriented, dutiful, talented and creative humans capable to take over responsibility for themselves, fellow human beings, environment and following generations, oriented in social, religious and moral values. Any juvenile must in accordance with his development and educational course be led to independent judgement and social understanding, be open to political, religious and ideological thinking of others and become capable to participate in the cultural and economic life of Austria, Europe and the world and participate in the common tasks of mankind, in love for freedom and peace.
(6) Schools are institutions in which pupils are educated together according to a comprehensive fixed curriculum and in which, in connection with the imparting of knowledge and skills, a comprehensive educational goal is strived for. Public schools are those schools which are established and maintained by authorities so required by law. The Federation is the authority so required by law in so far as legislation and execution in matters pertaining to the establishment, maintenance and dissolution of public schools are the business of the Federation. The province or, according to the provincial statutory provisions, the municipality or a municipal association is the authority so required by law in so far as legislation or implementing legislation and execution in matters pertaining to establishment, maintenance and dissolution of public schools are the business of the province. Admission to public school is open to all without distinction of birth, sex, race, estate, class, language and religion, and in other respects within the limits of the statutory requirements. The same applies mutatis mutandis to kindergartens, day homes and student hostels.
(6a) Legislation has to provide a differentiated school system which is organized according to the educational program at least in general educational and vocational schools and according to the level of education in primary and secondary schools, in which further adequate distinguishing must be provided for the secondary schools.
(7) Private schools are other than public schools; they are accorded public status according to the statutory provisions.
(7a) The compulsory school attendance is at least nine years and also compulsory vocational school attendance exists.
(8) The Federation is entitled, in matters which in accordance with paras 2 and 3 appertain to the execution by the provinces, to obtain information about adherence to the laws and ordinances issued on the basis of these paragraphs and can for this purpose delegate agents to the schools and student hostels. Should shortcomings be observed, the Governor can be instructed (Art. 20 para 1) to redress the shortcomings within an appropriate deadline. The Governor must see to the redress of the shortcomings according to the statutory provisions and, to effect the execution of such instructions, is bound also to employ the means at his disposal in his capacity as an organ acting on behalf of the province in its autonomous sphere of competence.
(9) The general rules in Arts. 10 and 21 as to the distribution of competences for legislation and execution regarding conditions of service with the Federation, the provinces, the municipalities and the municipal associations apply in respect of the service code for teachers, educational assistants and kindergarten teachers, save as provided otherwise by the preceding paragraphs. The same applies to the staff representation rights of teachers, educational assistants, and kindergarten teachers.
(10) In matters pertaining to the free attendance of schools, and the relationship between school and the churches (religious societies) including religious instruction at school, the House of Representatives , in so far as matters pertaining to universities and tertiary-level education institution are not concerned, can vote federal legislation only in the presence of at least half the members and by a majority of two thirds of the votes cast. The same applies if the principles of para 6a is left aside and to the ratification of state treaties negotiated in the matters mentioned before and which fall into the category specified in Art. 50.
Article 14a [State Legislation and Execution, Exceptions](1) Save as provided otherwise in the following paragraphs, legislation and execution are the business of the provinces with regard to agricultural and forestry schooling as well as with regard to agricultural and forestry education in matters pertaining to student hostels and in matters pertaining to the service code for and staff representation rights of teachers and educational assistants at the schools and student hostels falling under this Article.
(2) Legislation and execution is the business of the Federation in the following matters:
a) secondary agricultural and forestry schools and schools for the training and supplementary training of teachers at agricultural and forestry schools;
b) technical colleges for the training of forestry employees;
c) public agricultural and forestry technical colleges linked organizationally to one of the public schools mentioned in sub-paras a and b or to a federal agricultural and forestry research institute to ensure provision of the demonstrations scheduled in the curricula;
d) student hostels exclusively or mainly designated for pupils of the schools mentioned in sub-paras a to c;
e) service code for and staff representational rights of the teachers and educational assistants in the establishments mentioned in sub-paras a to d;
f) subsidies for staff expenditure of the denominational agricultural and forestry schools;
g) Federal agricultural and forestry institutes linked organizationally to an agricultural and forestry school supported by the Federation to ensure provision of the demonstrations scheduled in the curricula of these schools.
(3) Save as it concerns matters mentioned in para 2, legislation is the business of the Federation, execution the business of the provinces in matters of
a) religious instruction;
b) the service code for and staff representation rights of teachers at public agricultural and forestry vocational schools and technical colleges and of educational assistants at publicly maintained student hostels exclusively or mainly designated for pupils of these schools, excepting however matters of official competence for the exercise of the service prerogative over these teachers and educational assistants.
Provincial legislature can be authorized in federal laws promulgated by reason of the provisions under sub-para b above to issue implementing provisions for individual regulations which must be precisely specified; in this connection the provisions of Art. 15 para 6 apply mutatis mutandis. Enabling ordinances for the federal laws are, save as otherwise provided there, issued by the Federation.
(4) Legislation as regards principles is the business of the Federation, the issue of implementing laws and execution is the business of the provinces
a) as regards the agricultural and forestry vocational schools in matters pertaining to definitions of the instructional objective, the obligatory subjects, and free tuition as well as in matters pertaining to compulsory schooling and the transfer from the school in one province to the school in another province;
b) as regards the agricultural and forestry technical colleges in matters pertaining to the definition of admission prerequisites, instructional objective, organizational forms, extent of the teaching and obligatory subjects, free tuition, and the transfer from the school in one province to the school in another province;
c) in matters pertaining to the public status of private agricultural and forestry vocational schools and training colleges with the exception of schools falling under para 2 sub-para b above;
d) as regards the organization and competence of advisory boards who in the matters pertaining to para 1 above participate in the execution by the provinces.
(5) The establishment of the agricultural and forestry technical colleges and research institutes specified under para 2 sub-paras c and g above is only admissible if the Land Government of the province in which the vocational school resp. technical college is to have its location has agreed to the establishment. This consent is not requisite if the establishment concerns an agricultural and forestry school which is to be organizationally linked to a school for the training and supplementary training of teachers and agricultural and forestry schools to ensure provision of the demonstrations scheduled in their curricula.
(6) It lies within the competence of the Federation to see to the observance of the regulations issued by it in matters whose execution in accordance with paras 3 and 4 appertains to the provinces.
(7) The provisions of Art. 14 paras Abs. 5a, 6, 6a, 7, 7a and 9 analogously also hold good for the spheres specified
(8) Art. 14 para 10 applies mutatis mutandis.
Article 14b [Federal Legislation and Execution](1) Legislation as regards matters of public tendering, to the extent not being subject to para 3, is the business of the Federation.
(2) The execution in the matters of para 1 is
1. Business of the Federation regarding
a) the award of contracts by the Federation;
b) the award of contracts by endowments, funds and institutions in the sense of Art. 126b para 1;
c) the award of contracts by enterprises in the sense of Art. 126b para 2, if the financial share or the influence of the Federation caused by other financial or other economic or organizational measures, is at least equal to the financial share or the influence of the provinces;
d) the award of contracts by self-administering bodies corporate established by federal law;
e) the-award of contracts by legal entities not mentioned in lit. a to d and sub-para 2 lit. a to d;
aa) financed by the Federation, if the financial contribution of the Federation is at least equal to the one of the provinces;
bb) which regarding the management are subject to the control by the Federation, to the extent the award is not subject to (aa) or sub-para 2 lit. e (aa);
cc) whose administrative-, managing- or supervisory bodies consist of members having been appointed by the Federation, if the Federation has appointed at least an equal number of members like the provinces, to the extent the award is not subject to (aa) or (bb) or sub-para 2 lit. e (aa) or (bb);
f) the-joint award of contracts by the Federation and the provinces, to the extent not being subject to sub-para 1 lit. f as well as the joint award of contracts by several provinces.
g) the award of contracts by legal entities not being named in lit. a to f and sub-para 2;
2. the business of the provinces regarding
a) the award of contracts by the province, the municipalities and associations of municipalities;
b) the-award of contracts by endowments, funds and institution in the sense of Art. 127 para 1 and of Art. 127 a para 1 and 8;
c) the-award of contracts by enterprises in the sense of Art. 126b para 2, to the extend it is not subject to sub-para 1 lit c, as well as the award of contracts by enterprises in the sense of Art. 127 para 3 and of Art. 127a para 3 and 8;
d) the award of contracts by self-governing legal entities created by provincial law;
e) the-award of contracts by legal entities not being named in sub-para 1 lit. a through d and lit. a through d;
aa) being financed by the province alone or jointly with the Federation or other provinces, to the extent not being subject to sub-para 1 lit. e (aa);
bb) which regarding its management are subject to the control by the province, to the extent the award is not subject to sub-para 1 lit. e (aa) or (bb) or (aa);
cc) whose administrative-, managing- or supervisory bodies consist of members having been appointed by the province to the extent, not being subject to sub-para 1 lit. e (aa) to (cc) or (aa) or (bb);
f) the-joint award of contracts by the Federation and the provinces, to the extent not being subject to sub-para 1 lit. f as well as the joint award of contracts by several provinces.
Municipalities, without regard to the number of its inhabitants, are deemed to be legal entities which in the sense of sub-para 1 lit. b and c and of sub-para 2 lit. b and c are subject to the jurisdiction of the public audit office. In the frame of subpara 1 lit. b, c, e and f employers in the sense of sub-para 1 are allocated to the Federation and employers in the sense of sub-para 2 to the respective province. If according to sub-para 2 lit. c, e or f several provinces are involved, the competence for the execution depends on the preponderance of the criterion which is or according to the respective litera (sublitera) of sub-para 1 would be relevant for the delimitation of the competence for execution of the Federation from the one of the provinces, then from the seat of the employers, then from the focal location of the business activity of employers, then from the seat (main residence) of the awarding institution; if, however, the competence can thus not be determined, the participating province is competent which at the time of the institution of the award procedure is or has most recently been chairing the Senate.
(3) Business of the provinces is the legislation and execution in the matters of review in the framework of awarding of contracts by employersin the sense of para 2 sub-para 2.
(4) The Federation has to grant the provinces opportunity to participate in the preparation of draft bills in the matters of para 1. Federal laws under para 1 to be promulgated, governing matters whose execution is business of the provinces, may only be published with the consent of the provinces.
(5) Execution ordinances to federal laws under para 1 promulgated are to be issued by the Federation, to the extent these laws do not provide otherwise. Para 4 and Art. 42a applies mutatis mutandis to such execution ordinances.
Article 15 [General Competence of the States](1) In so far as a matter is not expressly assigned by the Federal Constitution to the Federation for legislation or also execution, it remains within the provinces autonomous sphere of competence.
(2) In matters of local public security administration, that is that part of public security administration which exclusively or preponderantly affects the interests of the local community personified by the municipality and which, like preservation of public decency and defence against the improper creation of noise, can suitably be undertaken by the community within its local boundaries, the Federation has authority to supervise the conduct of these matters by the municipality and to redress any observed shortcomings by instructions to the Governor (Art. 103). Inspectoral agents of the Federation can for this purpose be delegated to the municipality; in each and every case the Governor ought to be informed hereof.
(3) The provisions of provinces legislation in matters pertaining to theatres and cinemas, public shows, performances and entertainments are to be transferred, for areas of a municipality, in which the police directorate of a land simultaneously is security authority of first instance, to the police directorate of the province, at least the superintendence of the events, in so far as this does not extend to technical operation, building police and fire police considerations, and the participation by the administration in the initial stage of grant of licences as stipulated by such legislation.
(4) To what extent executive responsibility matters in the domain of the road police with the exception of local traffic police (Art. 118 para 3 sub-para 4) and the river and navigation police on the Danube, Lake Constance, Lake Neusiedl, and boundary stretches of other frontier waters, for areas of a municipality in which the police directorate of a province simultaneously is security authority of first instance, must be assigned to the police directorate of the province, must be prescribed in corresponding laws of the Federation and the province concerned.
(6) In so far as only legislation as regards principles has been reserved to the Federation, detailed implementation within the framework laid down by federal law is incumbent on provincial legislatures. The federal law can fix for the issue of the implementing legislation a deadline which may not, without the consent of the Senate, be shorter than six months and not longer than one year. If a province does not observe this deadline, competence for the issue of the implementing legislation passes from that province to the Federation. As soon as the province has issued the implementing legislation, the implementing legislation of the Federation ceases to be in force. If the Federation has not established any principles, provincial legislation is free to settle such matters. As soon as the Federation has established principles, the provisions of provincial legislation are within the deadline to be appointed by federal law be adjusted to the legislation as regards the principle law.
(7) Legal provisions (Art. 97 para 1) in the Provincial Law Gazette and legal provisions of the municipalities, of the municipal associations and of other authorities in the field of the state execution can be published in the frame of the federal legal information system.
(8) In matters reserved to federal legislation in conformity with Arts. 11 and 12, the Federation is entitled to control the observance of the regulations it has issued.
(9) Within the scope of their legislation provinces are authorized to make necessary provisions also in the field of criminal and civil law to regulate a matter.
(10) In provincial legislation which alters or settles along new lines the existent organization of the ordinary public administration in the provinces cross-district border cooperation of district administrative authorities including the organs of towns with own charter (Art. 116 para 3) in particular also the transfer of competence of authorities may be provided.
(11) Local districts are established by ordinances issued by the state government.
Article 15a [Agreements between the Federation and the States](1) The Federation and the provinces may conclude agreements among themselves about matters within their respective sphere of competence. The conclusion of such agreements in the name of the Federation is, depending on the subject, incumbent on the Federal Government or the Federal Ministers. Agreements which are to be binding also on the authorities of the federal legislature can be concluded by the Federal Government only with the consent of the House of Representatives . Art. 50 para 3 applies mutatis mutandis to such resolutions of the House of Representatives ; they are to be published in the Federal Law Gazette.
(2) Agreements between the provinces can only be made about matters pertaining to their autonomous sphere of competence and must without delay be brought to the Federal Government's knowledge.
(3) The principles of international law concerning treaties apply to agreements within the meaning of para 1 above. The same holds good for agreements within the meaning of para 2 above save as provided otherwise by corresponding constitutional laws of the provinces in question.
Article 16 [Implementation of Treaties](1) In matters within their own sphere of competence the provinces can conclude state treaties with states, or their constituent states, bordering on Austria.
(2) The Governor must inform the Federal Government before the initiation of negotiations about such a state treaty. The Federal Government's consent must be obtained by the Governor before their conclusion. The consent is deemed to have been given if the Federal Government has not within eight weeks from the day that the request for consent has reached the Federal Chancellery told the Governor that the consent is denied. The authorization to initiate negotiations and to conclude the state treaty is incumbent on the Federal President after the recommendation of the Land Government and with the countersignature of the Governor.
(3) State treaties concluded by a province in accordance with para 1 above must be revoked on demand of the Federal Government. If a province does not duly comply with this obligation, competence in the matter passes to the Federation.
(4) The provinces are bound to take measures which within their autonomous sphere of competence become necessary for the implementation of state treaties; should a province fail to comply punctually with this obligation, competence for such measures, in particular for the issue of the necessary laws, passes to the Federation. A measure taken by the Federation pursuant to this provision, in particular the issue of such a law or the issue of such an ordinance ceases to be in force as soon as the province has taken the requisite action.
(5) In the same way the Federation is, in the case of implementation of state treaties, entitled to supervision also in such matters as belong to the provinces own sphere of competence. The powers vested in the Federation as against the provinces are in this instance the same as in matters pertaining to indirect federal administration (Art. 102).
Article 17 [Competence Not Restricting Civil Rights]The provisions of Arts. 10 to 15 with regard to competence of legislation and execution in no way affect the position of the Federation and the provinces as the holders of civil rights.
Article 18 [Rule of Law](1) The entire public administration must be based on law.
(2) Every administrative authority can on the basis of law issue ordinances within its sphere of competence.
(3) If the immediate issue of measures, which require, in accordance with the Constitution, a resolution by the House of Representatives , becomes necessary to prevent obvious and irreparable damage to the community at a time when the House of Representatives is not assembled, cannot meet in time, or is impeded from action by events beyond its control, the Federal President can at the recommendation of the Federal Government and on his and their responsibility take these measures by way of provisional law amending ordinances. The Federal Government must present its recommendation with the consent of the standing sub-committee to be appointed by the Main Committee of the House of Representatives (Art. 55, para 3). Such an ordinance requires the countersignature of the Federal Government.
(4) Every ordinance issued in accordance with para 3 above has to without delay be submitted by the Federal Government to the House of Representatives which if it is not in session at this time is convened by the Federal President, but if it is in session by the President of the House of Representatives on one of the eight days following the submission. Within four weeks of the submission the House of Representatives must either vote a corresponding federal law in place of the ordinance or pass a resolution demanding that the ordinance immediately be abrogated. In the latter case the Federal Government must immediately meet this demand. In order that the resolution of the House of Representatives may be adopted in time, the President at the latest submits the motion to the vote on the last day but one before expiry of the four weeks deadline; detailed provisions are made in the Federal Law on the Rules of Procedure of the House of Representatives . If the ordinance is, in accordance with the previous provisions, rescinded by the Federal Government, the legal provisions which had been invalidated by the ordinance enter into force effective again on the day of entry into force of the rescission.
(5) The ordinances specified in para 3 above may not contain an amendment to provisions of federal constitutional law and may have for their subject neither a permanent financial burden on the Federation nor a financial burden on the provinces or municipalities nor financial commitments for citizens nor an alienation of federal assets nor measures pertaining to matters specified in Art. 10 para 1 sub-para 11 nor, finally, such as concern the right of collective association or rent protection.
Article 19 [Governmental Power, Incompatibility](1) The highest executive organs are the Federal President, the Federal Ministers and the state secretaries, and the members of the Land Governments.
(2) The admissibility of activities in the private sector of the economy by the holders of offices specified in para 1 above and other public functionaries can be restricted by federal law.
Article 20 [Administration](1) Under the direction of the highest organs of the Federation and the provinces functionaries elected for a certain time, appointed or contractually commissioned conduct the administration in accordance with the provisions of the laws. They are responsible to the respective superior organs for the exercise of their office and, save as provided otherwise by laws pursuant to para 2, bound by the instructions of these. The subordinate functionary can refuse compliance with an instruction if the instruction was given by a functionary not competent in the matter or compliance would infringe the criminal code.
(2) By law organs
1. for expert review,
2. for the control of the lawfulness of the administration;
3. with arbitration-, mediation- and representation of interests agenda,
4. to safeguard competition and implement economic inspection,
5. to supervise and regulate electronic media and to support the media,
6. to implement certain matters of service- and disciplinary rules,
7. to organize elections, or,
8. to the extent necessary according to the law of the European Union,
be dispensed from being bound by instructions of their superior executive officers. Provincial constitutional laws may create further categories of executive officers being not bound by instructions. By law a right of supervision of the highest executive officers adequate to the task of the executive officers being not bound by instructions is to be provided, at least the right of information about all acts of the activity of the executive officers being not bound by instructions and -- in so far these are not organs pursuant to sub-para 2, 5 and 8 -- the right to remove executive officers not bound by instructions from office.
(3) All functionaries entrusted with federal, provinces and municipal administrative duties as well as the functionaries of other public law corporate bodies are, save as otherwise provided by law, pledged to confidentiality about all facts of which they have obtained knowledge exclusively from their official activity and which have to be kept confidential in the interest of the maintenance of public peace, order and security, of comprehensive national defence, of external relations, in the interest of a public law corporate body, for the preparation of a ruling or in the preponderant interest of the parties involved (official confidentiality). Official secrecy does not exist for functionaries appointed by a popular representative body if it expressly demands such information.
(4) All organs entrusted with Federation, provinces and municipal administrative duties as well as the executive officers of other public law corporate bodies impart information about matters pertaining to their sphere of competence in so far as this does not conflict with a legal obligation to maintain confidentiality; an onus on professional associations to supply information extends only to members of their respective organizations and this inasmuch as fulfilment of their statutory functions is not impeded. The detailed regulations are, as regards the federal authorities and the self-administration to be settled by federal law in respect of legislation and execution, the business of the Federation; as regards the provinces and municipal authorities and the self-administration to be settled by provincial legislation in respect of framework legislation, they are the business of the Federation while the implemental legislation and execution are provincial business.
Article 21 [Service Code](1) Legislation and execution in matters pertaining to the service code, including the regulations on service contracts, for and staff representation rights of employees of the provinces, the municipalities, and the municipal associations are, save as provided otherwise in the case of all these matters by para 2 below, by Art. 14 para 2 and para 3 sub-para d and para 5 sub-para c and Art. 14a para 2 sub-para e and para 3 sub-para b incumbent on the provinces. Disputes arising from contractual employment are settled by the courts of justice.
(2) Legislation and execution in matters pertaining to employee protection for functionaries (para 1) and to staff representation of provincial functionaries, in so far as they are not engaged in enterprises, are incumbent on the provinces. In so far as in accordance with the first sentence the provinces are not competent, the mentioned matters fall within the competence of the Federation.
(3) Save as provided otherwise by this law, the service prerogative with regard to employees of the Federation is exercised by the supreme organs of the Federation. The service prerogative with regard to employees of the provinces is exercised by the supreme organs of the provinces; in so far as this law provides for appropriate exceptions with regard to employees of the Federation, it may be laid down by provincial constitutional law that the service prerogative with regard to employees of the province is exercised by equivalent authorities.
(4) The possibility of an alternation of service between the Federation, the provinces, the municipalities, and the municipal associations remains guaranteed at all times to public employees. Legal provisions, according to which times of service are taken into account differently depending on whether they were served with the Federation, a province, a municipality- or a municipal association, are inadmissible. In order to enable the service code, the staff representation regulations and the employee protection scheme of the Federation, the provinces, and the municipalities to develop along equal lines, the Federation and the provinces inform each other about their plans in these matters.
(5) Legislation can provide that
1. civil servants are appointed temporarily for the performance of particular directorial functions or in cases where due to the nature of the duty this is necessary;
2. after expiry of the temporary term or upon change in the organization of the authorities or of the service code structures by law no appointment is necessary;
3. no appointment is necessary in cases of transfer or change in the employment in so far as competence for the appointment is assigned pursuant to Art. 66 para 1.
(6) In the cases of para 5 nobody is entitled to an equal position.
Article 22 [Mutual Assistance]All organs of the Federation, the provinces, the municipalities and the municipality associations as well as the other self-administering entities are bound within the framework of their legal sphere of competence to render each other mutual assistance.
Article 23 [State Liability](1) The Federation, the provinces the municipalities and the other bodies and institutions established under public law are liable for the injury which persons acting on their behalf in execution of the laws have by illegal behaviour culpably inflicted on whomsoever.
(2) Persons acting on behalf of one of the legal entities specified in para 1 above are liable to it, in so far as intent or gross negligence can be laid to their charge, for the injury for which the legal entity has indemnified the injured party.
(3) Persons acting on behalf of one of the legal entities specified in para 1 above are liable for the injury which in execution of the laws they have by illegal behaviour inflicted directly on the legal entity.
(4) The detailed provisions with respect to paras 1 to 3 above will be made by federal law.
(5) A federal law can also provide to what extent special provisions deviating from the principles laid down in paras 1 to 3 above apply in the field of the postal and telecommunication systems.
Article 23a [Election of the members of the European Parliament](1) The members of the European Parliament are in Austria elected in accordance with the principles of proportional representation on the basis of equal, direct, personal, free and secret suffrage be men and women who have completed their sixteenth year of life on the day of election and on the day appointed for election are either endowed with Austrian nationality and not excluded from suffrage under the provisos of European Union law or endowed with the nationality of another member state of the European Union and qualified to vote under the provisos of European Union Law.
(2) For elections to the European Parliament the federal territory constitutes a single electoral body.
(3) Eligible for election are all those entitled to vote for the European Parliament in Austria having completed their eighteenth year of life on the day of election.
(4) Art. 26 para 5 to 8 applies mutatis mutandis.
Article 23b [Election of public employees](1) Public employees who seek a seat in the European Parliament are granted the time necessary for the canvassing of votes. Public employees who have been elected to membership of the European Parliament ought to for the duration of their duties be suspended from office accompanied by loss of their emoluments. The detailed provisions will be settled by law.
(2) University teachers can continue their activity in research and teaching and their examination activity also while they belong to the European Parliament. The emoluments for such activity are calculated in accordance with the services actually performed, but may not exceed twenty-five per cent of a university teacher's salary.
(3) In so far as this federal constitutional law stipulates the incompatibility of functions with membership or former membership of the House of Representatives, these functions are also incompatible with membership or former membership of the European Parliament.
Article 23c [Nomination of Members for Institutions of the European Union](1) The making of the Austrian presentations for the nomination of members of the European Commission, of members of the Court of Justice of the European Union, of members of the Court of Auditors, of members of the Economic and Social Committee, of members of the Committee of the Regions and their deputies and of members of the Board of Governors of the European Investment Bank is incumbent upon the Federal Government.
(2) Before making the presentations for the nomination of members of the European Commission, the Court of Justice of the European Union, the Court of Auditors and the Board of Governors of the European Investment Bank the Federal Government has to inform the House of Representatives and the Federal President whom it intends to present. The Federal Government must reach agreement with the Main Committee of the House of Representatives.
(3) Before making the presentations for the nomination of members of the Economic and Social Committee the Federal Government must seek proposals from the statutory and other professional associations of the various groups constituting the economic and social community.
(4) The presentations for the nomination of members of the Committee of the Regions and their deputies are made by the Federal Government on the basis of presentations from the provinces as well as from the Austrian Association of Municipalities and the Austrian Communal Association. Each province is to present a member and its deputy; the other members and their deputies are to be presented by the Austrian Municipal Association and the Austrian Communal Association.
(5) The Federal Government informs the House of Representatives whom it named pursuant to paras 3 and 4 and the Senate whom it named pursuant to paras 2, 3 and 4.
Article 23d [Information of the States](1) The Federation must inform the provinces without delay regarding all projects within the framework of the European Union which affect the provinces autonomous sphere of competence or could otherwise be of interest to them and it must allow them opportunity to present their views within a reasonable interval to be fixed by the Federation. Such comments ought to be addressed to the Federal Chancellery. The same holds good for the municipalities in so far as their own sphere of competence or other important interests of the municipalities are affected. Representation of the municipalities is in these matters incumbent on the Austrian Association of Cities and Towns (Austrian Municipal Federation) and the Austrian Association of municipalities (Austrian Communal Federation) (Art. 115 para 3).
(2) If the provinces have given a uniform opinion on a project concerning matters where legislation is provincial business, the Federation may in negotiations and voting in the European Union depart from this opinion only for compelling integration and foreign policy reasons. The Federation must advise the provinces of these reasons without delay.
(3) If a project affects also matters where legislation is provincial business, the Federal Government can transfer the right to participate in the meetings of the Council and in such frame to negotiate the project and cast a vote, to a member of a Land Government having been nominated by one of the provinces. The exercise of this authority through the representative of the provinces will be effected in cooperation and in coordination with the competent Federal Minister; para 2 also applies to him. In matters pertaining to federal legislation the provinces representative is responsible to the House of Representatives , in matters pertaining to provincial legislation to the provincial legislatures pursuant to Art. 142.
(4) The more detailed provisions in respect of paras 1 to 3 above have to be established in an agreement between the Federation and the provinces (Art. 15a para 1).
(5) The provinces are bound to take measures which, within their autonomous sphere of competence, become necessary for the implementation of juridical acts within the framework of European integration; should a province fail to comply punctually with this obligation and this be established against Austria by the Court of Justice of the European Union, the competence for such measures, in particular the issuance of the necessary laws, passes to the Federation. A measure taken by the Federation pursuant to this provision, in particular the issue of such a law or the issue of such an ordinance ceases to be in force as soon as the province has taken the requisite action.
Article 23e [Information of the House of Representatives and the Senate](1) The competent Federal Minister informs without delay the House of Representatives and the Senate about all projects within the framework of the European Union and give them opportunity to vent their opinion.
(2) The competent Federal Minister has to inform the House of Representatives and the Senate expressly and timely on an upcoming resolution of the European Council or the Council concerning
1. the change from unanimity to a qualified majority or
2. the change from a special legislation procedure to the regular legislation procedure so that the House of Representatives and the Senate are able to act within their competences according to this Article.
(3) If the House of Representatives has given an opinion on a project aimed at passing a legal act which would affect the passing of federal acts in the field governed by the legal act, the competent Federal Minister may in negotiations and voting in the European Union depart from this opinion only for compelling integration and foreign policy reasons. If the competent Federal Minister intends to depart from the opinion of the House of Representatives he has to bring the matter before the House of Representatives again. If the project is aimed at passing a binding legal act which either requires the passing of federal constitutional regulations or contains rules which can only be passed by such regulations, such deviation is only admissible if the House of Representatives does not object within adequate time. The competent Federal Minister reports without delay to the House of Representatives after the voting in the European Union and eventually name the reasons, for which he departed from the opinion.
(4) If the Senate has given an opinion on a project aimed at passing a binding legal act which either requires the passing of Federal Constitutional regulations limiting the competence of the provinces in legislation and executive powers pursuant to Art. 44 para 2, or contains regulations which can only be passed by such regulations, the competent Federal Minister may in negotiations and voting in the European Union depart from this opinion only for compelling integration and foreign policy reasons. A deviation however is only admissible if the Senate does not object within adequate time. The competent Federal Minister reports without delay to the Senate after the voting in the European Union and to eventually name the reasons for which he departed from the opinion.
Article 23f [Competence of the House of Representatives and the Senate](1) The House of Representatives and the Senate exert the competences assigned to the National Parliaments in the Treaty on European Union, the Treaty on the Functioning of the European Union and the protocols attached to these treaties, in its current version.
(2) Any Federal Minister reports to the House of Representatives and the Senate at the beginning of each year on the projects of the Council and the European Commission to be expected in this year and also on the Austrian position to such projects to be expected.
(3) Further duties of information are to be determined by federal law.
(4) The House of Representatives and the Senate may express their wishes on projects of the European Union in comments to the institutions of the European Union.
Article 23g [Compatibility with the subsidiarity principle](1) The House of Representatives and the Senate present their view in a founded comment to a drafted legal act in the framework of the European Union, for which reason the draft is incompatible with the subsidiarity principle.
(2) The House of Representatives and the Senate may demand the competent Federal Minister to make a statement on the compatibility of drafts pursuant to para 1 with the subsidiarity principle, which, in general, has to be presented within two weeks after the demand has been made.
(3) The Senate informs without delay the Provincial Parliaments on all drafts pursuant to para 1 and give them the opportunity to make comments. When resolving a founded statement pursuant to para 1, the Senate has to consider the comments of the Provincial Parliaments and to inform them on such resolutions.
Article 23h [Compatibility with the subsidiarity principle, claim](1) The House of Representatives and the Senate may resolve to raise claim against a legislative act in the framework of the European Union at the Court of Justice of the European Union for violating the principle of subsidiarity.
(2) The Federal Chancellery sends the claim in the name of the House of Representatives or the Senate without delay to the Court of Justice of the European Union.
Article 23i [Authorization of an Initiative of the European Union](1) The Austrian member in the European Council may agree to an initiative pursuant to Art. 8 para 7 of the Treaty on European Union in the version of the Treaty of Lisbon only having been authorized by the House of Representatives , with the consent of the Senate, on the basis of a proposal of the Federal Government. Such resolutions of the House of Representatives and the Senate each require the presence of at least half the members and a majority of two thirds of the votes cast.
(2) To the extent the law of the European Union for the National Parliaments provides the possibility of the refusal of an initiative or a proposal concerning
1. the change from unanimity to a qualified majority or
2. the change from a special legislation procedure to the regular legislation procedure, the House of Representatives , with the consent of the Senate, may refuse such initiative or proposal within the terms provided by the law of the European Union.
(3) Resolutions of the Council by which new categories of own means of the European Union must be established, require the authorization by the House of Representatives and the consent of the Senate; Art. 50 para 4 second phrase applies mutatis mutandis. Other resolutions of the Council determining regulations on the system of own means of the European Union require the approval by the House of Representatives . Art. 23e para 2 is to be applied accordingly.
(4) Art. 50 para 4 applies mutatis mutandis to other resolutions of the European Council or the Council, which enter into force according to the law of the European Union only after approval by the member states in accordance with their respective constitutional rules.
(5) Resolutions of the House of Representatives and of the Senate under this Article are to be published by the Federal Chancellor in the Federal Law Gazette.
Article 23j [Participation in the Common Foreign and Security Policy](1) Austria participates in the Common Foreign and Security Policy of the European Union on the basis of title V chapter 1 and 2 of the Treaty on European Union in the version of the Treaty of Lisbon which provides in Art. 3 para 5 and in Art. 21 para 1 in particular the observance of resp. respect for the principles of the Charter of the United Nations. This includes the participation in duties pursuant to Art. 43 para 1 of this contract and measures by which the economic and financial relations to one or several third countries are suspended, restricted or completely severed. Art. 50 para 4 applies mutatis mutandis to resolutions of the European Council concerning a common defence.
(2) Art. 23e para 3 applies mutatis mutandis to resolutions in 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) The right to vote on decisions to launch a mission outside the European Union, on military advice and assistance tasks, on conflict prevention and peace-keeping tasks, on tasks of combat forces in crisis management, including peace-making and post-conflict stabilisation, as well as on decisions pursuant to Art. 42 para 2 of the Treaty on European Union in the version of the Treaty of Lisbon concerning the progressive framing of a common defence policy, is to be exercised by the Federal Chancellor in agreement with the minister competent for foreign relations.
(4) If the decision to be adopted is likely to entail an obligation for Austria to dispatch units or individual persons, measures to be taken pursuant to para 3 may be approved only with the reservation that this still requires the conduct of the procedure provided for under constitutional law governing the dispatch of units or individual persons to other countries.
Article 23k [Legal Provisions](1) More detailed provisions regarding Art. 23e, 23f para 1, 2 and 4 as well as 23g to 23j are made by Federal Law on the Rules of Procedure of the House of Representatives and the Rules of Procedure of the Senate.
(2) The competences of the House of Representatives under 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 House of Representatives may provide, that the Main Committee elects a permanent sub-committee, to which Art. 55 para 3 applies mutatis mutandis. The Main Committee may transfer competences to this permanent sub-committee under to the first phrase. Such transfer can be revoked completely or partially any time. By the Federal Law on the Rules of Procedure of the House of Representatives competences of the Main Committee may be transferred under the first phrase to the House of Representatives or to the permanent sub-committee of the Main Committee pursuant to the second phrase.
(3) Competences of the Senate under Art. 23e, 23f, para 4 and 23g may be transferred by the Rules of Procedure of the Senate to a committee it has to elect.
Article 24 [Legislative Power]The legislative power of the Federation is exercised by the House of Representatives jointly with the Senate.
Article 25 [Seat](1) The seat of the House of Representatives is Vienna, the federal capital.
(2) For the duration of extraordinary circumstances the Federal President can at the request of the Federal Government convoke the House of Representatives elsewhere within the federal territory.
Article 26 [Election](1) The House of Representatives is elected by the federal people in accordance with the principles of proportional representation on the basis of equal, direct, personal, free and secret suffrage by men and women who have completed their sixteenth year of life on the day of election.
(2) The federal territory will be divided into self-contained constituencies whose boundaries may not overlap the provincial boundaries; these constituencies are sub-divided into self-contained regional constituencies. The number of deputies will be divided among the qualified voters of the constituencies (electoral bodies) in proportion to the number of nationals who in accordance with the result of the last census had their principal domicile in a particular constituency plus the number of those who on the day of the census did not have their principal domicile in federal territory, but were entered on the electoral register of a municipality pertaining to that particular constituency; the number of deputies allocated to a constituency will be divided in the same way among the regional constituencies. The House of Representatives electoral regulations provides for a final distribution procedure relating to the whole federal territory whereby in accordance with the principles of proportional representation which ensures a balance between the seats allocated to the parties standing for election in the constituencies and the distribution of the as yet unallocated seats. A division of the electorate into other electoral bodies is not admissible.
(3) The day of election must be a Sunday or a statutory holiday. If other circumstances arise that impede the start, the continuation or the conclusion of the election, the electoral board can prolong to the next day or adjourn the election
(4) Eligible for election are those being entitled to vote for the House of Representatives, who are in the possession of the Austrian nationality on the key date and have completed their eighteenth year of life on the day of election.
(5) Exclusion from the right to vote or eligibility, also to respectively varying extent may only be provided by federal law as consequence of a final sentence by the courts.
(6) Persons entitled to vote presumably prevented on the day of election to cast their vote before the electoral authority, for example for absence, for reasons of health or staying abroad may make use of their right to vote by postal ballot upon application indicating the reason. The identity of the applicant is to be proven prima facie. The qualified voter has to declare by signature in lieu of oath, that the vote has been cast personally and confidentially.
(7) Further details of the electoral procedure are determined by federal law.
Article 26a [Organization of the Elections](1) The implementation and organization of the elections to the European Parliament, the House of Representatives, the Federal President and of referenda and consultations of the people as well as the participation in the control of popular initiatives as well as the participation in the implementation of European Citizens' Initiatives is incumbent to election authorities being constituted anew before each election to the House of Representatives. Members of the campaigning parties have to sit in the election authority, as committee members, having a vote, in the federal election authority also active or retired judges; the number of committee members is to be determined in the election rules to the House of Representatives. The members not being judges are to be appointed on the basis of proposals of the campaigning parties corresponding to their proportion in the preceding election to the House of Representatives. Parties represented in the recently elected House of Representatives not being entitled to the appointment of committee members are however entitled to propose a committee member for the federal election authority.
(2) The maintenance of electoral registers and the creation of the corresponding registers in the case of an election to the European Parliament, an election to the House of Representatives, an election of the Federal President, a referendum and a popular consultation is the responsibility of the municipality in its transferred sphere of action. The storage of voter registration data have to be carried out in a central voter register, in which electoral registers may also be stored on the basis of provincial legislation; the provinces and municipalities may use this data for such registers in their area of responsibility.
Article 27 [Term](1) The legislative period of the House of Representatives lasts five years, calculated from the day of its first meeting, but in any case until the day on which the new House of Representatives meets.
(2) The newly elected House of Representatives is convened by the Federal President within thirty days after the election. The latter is so arranged by the Federal Government as to enable the newly elected House of Representatives to meet on the day after the expiry of the fifth year of the legislative period.
Article 28 [Sessions](1) The Federal President convokes the House of Representatives each year for an ordinary session which must not begin before 15 September and not last longer than 15 July the following year.
(2) The Federal President can also convene the House of Representatives for extraordinary sessions. If the Federal Government or at least one third of the members of the House of Representatives or the Senate so demands, the Federal President is bound to convoke the House of Representatives for an extraordinary session to meet moreover within two weeks of the demand reaching him; the convocation needs no countersignature. A request by members of the House of Representatives or by the Senate does not require a recommendation by the Federal Government.
(3) The Federal President declares sessions of the House of Representatives closed in pursuance of a vote by the House of Representatives.
(4) Upon the opening of a new House of Representatives session within the same legislative period work will be continued in accordance with the stage reached at the close of the last session. At the end of a session individual committees can be instructed by the House of Representatives to continue their work. From the beginning of a new legislative period popular initiatives and citizens' initiatives submitted to the House of Representatives of the previous legislative period are regarded as business of the newly elected House of Representatives. The Federal Law on the Rules of Procedure of the House of Representatives can determine the same for further business.
(5) During a session the President of the House of Representatives convokes the individual sittings. If during a session the number of members stipulated by the Federal Law on the Rules of Procedure of the House of Representatives or the Federal Government so demands, the President is bound to convoke a sitting. More detailed provisions are settled by the Federal Law on the Rules of Procedure of the House of Representatives which prescribes a period within which the House of Representatives must convene.
(6) The Federal Law on the Rules of Procedure of the House of Representatives lays down special provisions for its convocation in the event of the elected President's being precluded from the performance of their office or being deprived of their functions.
Article 29 [Dissolution](1) The Federal President can dissolve the House of Representatives, but he may avail himself of this prerogative only once for the same reason. In such case the new election is so arranged by the Federal Government that the newly elected House of Representatives can at the latest meet on the hundredth day after the dissolution.
(2) Before expiry of a legislative period the House of Representatives can vote its own dissolution by simple law.
(3) After a dissolution pursuant to para 2 above as well as after expiry of the period for which the House of Representatives has been elected, the legislative period lasts until the day on which the newly elected House of Representatives meets.
Article 30 [Organization](1) The House of Representatives elects the President, the Second and Third Presidents from among its members.
(2) The business of the House of Representatives is conducted in pursuance of a special federal law. The Federal Law on the Rules of Procedure of the House of Representatives can only be passed in the presence of at least half the members and by a majority of two thirds of the votes cast.
(3) The parliamentary-staff, which is subordinate to the President of the House of Representatives, is competent for the assistance with parliamentary tasks and the conduct of administrative matters within the scope of the authorities of the Federation's legislature as well as of similar tasks and administrative matters concerning the members of the European Parliament having been elected in Austria. The internal organization of the parliamentary staff for matters pertaining to the Senate must be settled in agreement with the chairman of the Senate who is likewise invested with authority to issue instructions as to implementation of the functions assigned to the Senate on the basis of the law.
(4) The nomination of parliamentary staff employees and all other competences in personnel matters in particular also lie with the President of the House of Representatives.
(5) The President of the House of Representatives can second Parliamentary Staff employees to parliamentary parties for help in the fulfilment of parliamentary duties.
(6) The President of the House of Representatives is the supreme administrative organ in the execution of the administrative matters for which he is in accordance with this Article competent and he exercises these powers in his own right. He may issue ordinances inasmuch as these exclusively concern administrative matters covered by this Article.
Article 30a [Confidentiality]The special protection and confidential treatment of information in relation to the House of Representatives and the Senate are regulated on the basis of special federal legislation. The Federal Act on the Information Rules of the House of Representatives and the Senate can be passed by the House of Representatives only in the presence of at least half the members and by a two-thirds majority of the votes cast. Moreover, it requires the consent of the Senate, which must be given in the presence of at least half of the members and by a majority of two thirds of the votes cast.
Article 30b [Disciplinary Commission](1) A disciplinary commission has to be established at the Parliamentary Administration for the purpose of issuing disciplinary decisions and deciding on suspensions with respect to civil servants of the Parliamentary Administration, the Court of Audit and the Ombudsman Board. (2) The members of the Disciplinary Commission and the disciplinary lawyers are to be appointed by the President of the House of Representatives, by the President of the Court of Audit and by the Chairman of the Ombudsman Board.
(3) The detailed provisions on the organization and procedure of the Disciplinary Commission and the position and appointment of the disciplinary lawyers is laid down by federal law.
Article 31 [Majority]Save as otherwise provided in this law or as otherwise laid down in the Federal Law on the Rules of Procedure of the House of Representatives with regard to individual matters, the presence of at least one third of the members and an absolute majority of the votes cast is requisite to a vote by the House of Representatives.
Article 32 [Publicity](1) The sessions of House of Representatives are public.
(2) The public is excluded if the chairman or the number of members established in the Federal Law on the Rules of Procedure of the House of Representatives so demands and the House of Representatives votes this after the withdrawal of the audience.
Article 33 [Publications]No one is called to account for publishing the accounts of proceedings in the public sessions of the House of Representatives and its committees.
Article 34 [Representation](1) Pursuant to the following provisions, the provinces are represented in the Senate in proportion to the number of nationals in each Land.
(2) The province with the largest number of citizens delegates twelve members, every other province as many as the ratio in which its nationals stand to those in the first-mentioned province, with remainders which exceed half the coefficient counting as full. Every province is however entitled to a representation of at least three members. A substitute will be appointed for each member.
(3) The number of members to be delegated by each province accordingly will be laid down after every general census by the Federal President.
Article 35 [Election](1) The members of the Senate and their substitutes are elected by the Provincial Parliament for the duration of their respective legislative periods in accordance with the principle of proportional representation but at least one seat must fall to the party having the second largest number of seats in a Provincial Parliament or, should several parties have the same number of seats, the second highest number of votes at the last election to the Provincial Parliament. When the claims of several parties are equal, the issue is decided by lot.
(2) The members of the Senate need not belong to the Provincial Parliament which delegates them; they must however be eligible for that Provincial Parliament.
(3) After expiry of the legislative period of a Provincial Parliament or after its dissolution the members delegated by it to the Senate remain in office until such time as the new Provincial Parliament has held the election to the Senate.
(4) The provisions of Arts. 34 and 35 can only be amended - apart from the majority of votes requisite in general to the adoption of a resolution there - if in the Senate the majority of the representatives from at least four provinces have approved the amendment.
Article 36 [Chairman, Convocation](1) The provinces succeed each other in alphabetical order every six months in the chairmanship of the Senate.
(2) As chairman acts the top-listed representative of the province designated for the chair, whose mandate goes to the party having the largest number of seats in the Provincial Parliament or, if several parties have an equal number of seats, had the highest number of voters in the most recent Provincial Parliament election; in case of equal entitlements of several parties the decision is made by lot. However, the Provincial Parliament can resolve, that the chair ought to be held by another representative of the province, whose mandate in the Senate is with the same party; such resolution however requires the consent of the majority of those members of the Provincial Parliament, whose mandates in the Provincial Parliament are with this party. The appointment of the deputies of the chairman is governed by the Rules of Procedure of the Senate. The chairman carries the title "President of the Senate", his deputies carry the title "Vice-President of the Senate".
(3) The Senate will be convoked by its chairman at the seat of the House of Representatives. The chairman is bound immediately to convoke the Senate if at least one quarter of its members or if the Federal Government so demands.
(4) The Governors are entitled to participate in all Senate proceedings. In accordance with the specific regulations of the Rules of Procedure of the Senate they have on their demand the right to be always heard on business relating to their province.
Article 37 [Quorum, Majority, Standing Orders, Publicity](1) Save as otherwise provided by this law or as otherwise laid down in the Rules of Procedure of the Senate in regard to individual matters, the presence of at least one third of the members and an absolute majority of the votes cast is requisite for a resolution by the Senate.
(2) The Senate furnishes itself with rules of procedure by way of resolution. This resolution can only be adopted in the presence of half the members by a majority of two thirds of the votes cast. Provisions effectual also beyond the internal scope of the Senate can be made in the Rules of Procedure in so far as this is requisite for its handling of business. The Rules of Procedure have the status of a federal law; they are published by the Federal Chancellor in the Federal Law Gazette.
(3) The meetings of the Senate are public. Nevertheless the public can, pursuant to the provisions of the Rules of Procedure, be excluded by resolution. The provisions of Art. 33 apply also to public meetings of the Senate and its committees.
Article 38 [Functions]The House of Representatives and the Senate meet as the Federal Assembly in joint public session at the seat of the House of Representatives for the affirmation of the Federal President as well as for the adoption of a resolution on a declaration of war.
Article 39 [Chairman](1) Apart from the cases stated in Art. 60 para 6 Art. 63 para 2, Art. 64 para 4 and Art. 68 para 2, the Federal Assembly is convoked by the Federal President. The chairmanship alternates between the President of the House of Representatives and the chairman of the Senate, beginning with the former.
(2) The Federal Law on the Rules of Procedure of the House of Representatives applies mutatis mutandis in the Federal Assembly.
(3) The provisions of Art. 33 hold good also for the sessions of the Federal Assembly.
Article 40 [Resolutions](1) The resolutions of the Federal Assembly are authenticated by its chairman and countersigned by the Federal Chancellor.
(2) The resolutions of the Federal Assembly upon a declaration of war are officially published by the Federal Chancellor.
Article 41 [Bills](1) Legislative proposals are submitted to the House of Representatives as motions by its members, by the Senate or by one third of the Senate members, and as bills by the Federal Government.
(2) Every motion by 100,000 voters or by one sixth each of the voters in three provinces (henceforth called "popular initiative") must be submitted by the federal electoral board to the House of Representatives for action. The right to vote appertains to those who on the last day of registration for House of Representatives suffrage. The popular initiative must concern a matter to be settled by federal law and can be put forward in the form of a draft law. Federal law may provide for electronic support of a referendum petition by those entitled to vote, while ensuring that it is done only in person and only once.
(3) The detailed provisions on the procedure for the popular initiative are made by federal Law.
Article 42 [Objection](1) Every enactment of the House of Representatives ought to without delay be conveyed by its President to the Senate.
(2) Save as otherwise provided by constitutional law, an enactment can be authenticated and published only if the Senate has not raised a reasoned objection to this enactment.
(3) This objection must be conveyed to the House of Representatives in writing by the chairman of the Senate within eight weeks of the enactment's arrival; the Federal Chancellor must be informed thereof.
(4) If the Senate in the presence of at least half its members once more carries its original resolution, this must be authenticated and published. If the Senate resolves not to raise any objection or if no reasoned objection is raised within the deadline laid down in para 3 above, the enactment must be authenticated and published.
(5) The Senate has no claim to participation in so far as House of Representatives enactments concern the House of Representatives' rules of procedure, the dissolution of the House of Representatives, a federal law providing detailed regulations on the making of the Federal finance frame law, the Federal finance law and on the household of the Federation a Federal finance law, a temporary provision consonant with Art. 51a para 4 or a disposal of federal property, the assumption or conversion of a federal liability, the contraction or the conversion of a federal monetary debt, the sanction of a final federal budget account.
Article 42a [Consent of the States]To the extent an enactment of the House of Representatives requires the consent of the provinces, it is to be notified by the Federal Chancellor pursuant to Art. 42 immediately after the procedure has been closed to the Land Government Offices of the provinces concerned. The consent is deemed to be granted if the Governor of the province does not notify the Federal Chancellor within eight weeks after the day on which the enactment has been served to the Land Government Office, that the consent is denied. Before expiration of this period the enactment may only be published if the Governors of the provinces concerned have notified the express consent of the province.
Article 43 [Referendum]If the House of Representatives so resolves or if the majority of members of the House of Representatives so demands, every enactment of the House of Representatives has to be submitted to a referendum upon conclusion of the procedure pursuant to Art. 42 resp. pursuant to Art. 42a but before its authentication by the Federal President.
Article 44 [Constitutional Laws](1) Constitutional laws or constitutional provisions contained in simple laws can be passed by the House of Representatives only in the presence of at least half the members and by a majority of two thirds of the votes cast; they are explicitly specified as such ("constitutional law", "constitutional provision").
(2) Constitutional laws or constitutional provisions contained in simple laws restricting the competence of the provinces in legislation or execution require furthermore the consent of the Senate which must be imparted in the presence of at least half the members and by a majority of two thirds of the votes cast.
(3) Any total revision of the Federal Constitution is upon conclusion of the procedure pursuant to Art. 42 above but before its authentication by the Federal President submitted to a referendum by the federal people whereas any partial revision requires this only if one third of the members of the House of Representatives or the Senate so demands.
Article 45 [Referendum Majority](1) For a referendum the absolute majority of the validly cast votes is decisive.
(2) The result of a referendum must be officially announced.
Article 46 [Initiative and Referendum Law](1) A referendum takes place at the order of the Federal President.
(2) Entitled to vote in referenda is who possesses the suffrage to the House of Representatives on the day of the referendum
(3) The detailed provisions on the procedure for the plebiscite is made by federal Law. Art. 26 para 6 applies mutatis mutandis.
Article 47 [Signatures](1) The constitutional enactment of federal laws is authenticated by the Federal President.
(2) The submission for authentication is effected by the Federal Chancellor.
(3) The authentication must be countersigned by the Federal Chancellor.
Article 48 [Publication]Federal laws and state treaties approved pursuant to Art. 50 para 1 will be published with reference to their adoption by the House of Representatives, federal laws based upon a referendum with reference to the result of that referendum.
Article 49 [Promulgation](1) Federal laws must be published by the Federal Chancellor in the Federal Law Gazette. Unless explicitly provided otherwise, their entry into force begins with expiry of the day of their promulgation and it extends to the entire Federal territory.
(2) The state treaties pursuant to Art. 50 para 1 are to be published by the Federal Chancellor in the Federal Law Gazette. In case a state treaty pursuant to Art. 50 para 1 subpara 1 has been laid down in more than two languages authentically, it is sufficient if
1. two authentic language versions and a translation into the German language,
2. if, however, the German language version is authentic, such and a further authentic language version are published. The House of Representatives can on the occasion of the approval of state treaties pursuant to Art. 50 para 1 resolve in which other way than in the Federal Law Gazette the publication of the state treaty or single parts exactly to be specified must take place; such resolutions of the Senate are to be published by the Federal Chancellor in the Federal Law Gazette. Unless explicitly provided otherwise, state treaties pursuant to Art. 50 para 1 enter into force upon expiry of the day of its publication -- in the case of the third phrase upon expiry of the date of proclamation of the resolution of the House of Representatives -- and extend to the entire Federal territory; this does not apply to state treaties to be implemented by passing laws (Art. 50 para 2 subpara 4).
(3) Announcements in the Federal Law Gazette and pursuant to para 2 second phrase must be accessible to the general public and be ascertained completely and forever in the published form.
(4) The detailed provisions on the proclamation of the republication on the Federal Law Gazette is made by federal Law.
Article 49a [Republication](1) The Federal Chancellor is empowered jointly with the competent Federal Ministers to restate federal laws, with the exception of this law, and state treaties published in the Federal Law Gazette in their valid version by promulgation in the Federal Law Gazette.
(2) In the proclamation of the republication
1. obsolete terminological expressions can be rectified and outdated spelling assimilated to the new manner of writing;
2. references to other regulations which no longer tally with current legislation as well as other inconsistencies can be rectified;
3. provisions which have been nullified by later regulations or otherwise rendered void can be declared no longer valid;
4. title abridgements and alphabetical abbreviations of titles can be laid down;
5. the designations of Articles, sections, paragraphs, and the like can in case of elimination or insertion be correspondingly altered and in this connection references thereto within the text of the regulation be appropriately rectified;
6. interim provisions as well as earlier still applicable versions of the federal law (state treaty) can by specification of their purview be summarized.
(3) Unless explicitly provided otherwise republished federal law (the republished state treaty) and the other regulations contained in the promulgation enter into force upon expiry of the day of promulgation.
Article 49b [Consultation of the People](1) A consultation of the people on a matter of fundamental and overall national importance for whose settlement the legislature is competent must take place if the House of Representatives votes it by reason of a motion from its members or from the Federal Government after preliminary deliberation in the Main Committee. Elections and matters subject to a decision by a court or an administrative authority cannot be the topic of a consultation of the people.
(2) A motion pursuant to para 1 above must include a proposal for the formulation of the question to be basically put in the consultation of the people. This must consist either of a question to be answered with "Yes" or "No" or of two alternative solution proposals.
(3) Consultations of the people must be carried out applying the Arts. 45 and 46 mutatis mutandis. The right to vote, as to consultations of the people, appertains to those who on the day appointed for consultation possess House of Representatives suffrage. The federal electoral board must submit the result of a consultation to the House of Representatives and the Federal Government.
Article 50 [Treaties](1) The conclusion of
1. political-state treaties and state treaties the contents of which modify or complement existent laws and do not fall under Art. 16 para 1, as well as
2. state treaties modifying the Treaty basis of the European Union, requires the approval of the House of Representatives.
(2) To state treaties pursuant to para 1 subpara 1 additionally the following applies:
1. In case a state treaty provides its simplified modification such modification does not require approval according to para 1, unless the House of Representatives has reserved such approval.
2. To the extent that a state treaty settles matters falling within the autonomous sphere of competence of the provinces it requires the consent of the Senate.
3. In case a state treaty has been laid down authentically in more than two languages, it is sufficient, if the approval under para 1 is granted
a) on the basis of two authentic language versions and a translation into the German language,
b) if, however, the German language version is authentic, on the basis of such and a further authentic language version.
4. At the time of approval of a state treaty, the House of Representatives can resolve to which extent the state treaty in question are implemented by the issue of laws.
(3) Art. 42 para 1 to 4 applies mutatis mutandis to resolutions of the House of Representatives in accordance with paras 1 subpara 1 and para 2 subpara 4 above.
(4) Notwithstanding Art. 44 para 3 state treaties according to para 1 subpara 2 may only be concluded with the approval of the House of Representatives and the consent of the Senate. These resolutions each require the presence of at least half the members and a majority of two thirds of the votes cast.
(5) The House of Representatives and the Senate must without delay be informed about the beginning of negotiations of a state treaty pursuant to para 1.
Article 50a [European stability mechanism]The House of Representatives participates in matters of the European stability mechanism.
Article 50b [European stability mechanism, Vote]An Austrian representative in the European Stability Mechanism may only agree or abstain in voting to
1. a proposal for a resolution to grant stability aid to a member state in principle
2. an alteration of the approved share capital and an adaptation of the maximum loan volume of the European Stability Mechanism as well as the calling of approved share capital not having been paid in and
3. amendments of the financial aid instruments, if the House of Representatives has authorized him to do so on the basis of a proposal of the Federal Government. In cases of special urgency the Federal Minister in charge may bring the matter before the House of Representatives. Without authorization by the House of Representatives the Austrian representative must refuse the proposal for such a resolution.
Article 50c [European Stability Mechanism, Information](1) The Federal Minister in charge informs without delay the House of Representatives in matters of the European Stability Mechanism pursuant to the regulations in the Federal Law on the Rules of Procedure of the House of Representatives . The Federal Law on the Rules of Procedure of the House of Representatives has to provide the right of comments by the House of Representatives .
(2) To the extent the House of Representatives has made comments in matters of the European Stability Mechanism in due time, the Austrian representative in the European Stability Mechanism has to respect them in negotiations and votings. The Federal Minister in charge reports without delay to the House of Representatives after the voting and eventually to disclose the reasons for which the Austrian representative did not respect the comments.
(3) The Federal Minister in charge regularly reports to the House of Representatives on the measures taken in the framework of the European Stability Mechanism.
Article 50d [European Stability Mechanism, Legal Provisions](1) Further details to Art. 50b and 50c para 2 and 3 are determined in the Federal Law on the Rules of Procedure of the House of Representatives .
(2) The Federal Law on the Rules of Procedure of the House of Representatives may provide additional competences of the House of Representatives for the participation in the exertion of the voting right by Austrian representatives in the European Stability Mechanism.
(3) For the participation in matters of the European Stability Mechanism the committee of the House of Representatives in charge of preliminary deliberation on Federal Finance Acts elects permanent sub-committees. At least one member of any party represented in the Main Committee of the House of Representatives must sit on any of these sub-committees. Competences of the House of Representatives under para 2, Art. 50b and 50c may be transferred to these standing sub-committees by the Federal Law on the Rules of Procedure of the House of Representatives . The Federal Law on the Rules of Procedure of the House of Representatives has to provide, that the permanent sub-committees can be convened and meet any time. If the House of Representatives is dissolved by the Federal President according to Art. 29 para 1, the participation in matters of the European Stability Mechanism is incumbent on the permanent sub-committees.
Article 51 [Budget](1) The House of Representatives votes the Federal Finance Frame Act and within its limits the Federal Finance Act. The respective Federal Government's draft forms the basis of the debates.
(2) The Federal Government has to submit to the House of Representatives every year the latest at a deadline fixed in a federal law, the draft of a Finance frame law or the draft of a federal law by which the Federal Frame Finance Law is modified. The Federal Finance Frame Act has to contain upper limits for the utilisation of appropriations to be approved by the House of Representatives in the respective Federal Finance Act to be approved on the basis of categories as well as the basics of the personal planning; exempted from this is the utilisation of appropriations for the repayment of financial debts and of monetary commitments for the temporary strengthening of cash funds and the utilisation of appropriations as result of capital exchange in case of foreign exchange agreements. For further subcategories upper limits are to be provided for the subsequent financial year and the next following three financial years.
(3) The Federal Government must submit to the House of Representatives the draft of a Federal Finance Act for the ensuing fiscal year for which a Federal Finance Act is to be resolved at the latest ten weeks before the beginning of the fiscal year. Exceptionally the Federal Government may submit the draft of a Federal Finance Act also for the subsequent and the next following finance year, separate according to the years, to the House of Representatives .
(4) In case a Federal Finance Act is passed for the subsequent and the next subsequent finance year, in the second half of the subsequent finance year, the draft of a federal law, modifying the Federal Finance Act, is to be submitted by the Federal Government the latest ten weeks before the beginning of the next subsequent finance year, to the House of Representatives . The modifications of the Federal Finance Act contained therein have in any case to make reference to the next subsequent finance year. The draft is to be negotiated by the House of Representatives till the end of the subsequent finance year. Art. 51 a para 1 and para 2 are to be applied accordingly.
(5) The Federal Finance Act includes as annexes the federal budget estimates and the personal planning as well as other elements material for the management of the household.
(6) To the management of the household of the Federation apply.
1. Upper limits of the categories of the Federal Finance Frame Act may neither be exceeded nor may such exceeding the authorized.
2. The upper limits of the subcategories, to be determined by a federal law pursuant to para 7 of the Federal Financial Frame Law for the subsequent financial year, must not be exceeded nor may such exceeding be authorized, unless a federal law according to para 9 provides, that these upper limits may be exceeded with the consent of the Federal Minister of Finance. If exceptionally a Federal Finance Act is passed for the subsequent and the next subsequent financial year, the regulations of para 2 are to be applied with the proviso, that the upper limits named in para 2 last phrase apply to the subsequent and the next subsequent year.
(7) The upper limits of para 6 subpara 1 and 2 may be exceeded in the following cases:
1. In case of imminent danger, on the basis of an ordinance of the Federal Government, in consent with the Committee of the House of Representatives in charge of preliminary deliberation on Federal Financial Laws, unforeseeable and unobjectionable additional means to the extent of a maximum of 2/1000 of the sum of utilisations of appropriations having been provided for by the Federal Finance Act may be provided, if coverage is safeguarded. If the Committee of the House of Representatives in charge of preliminary deliberation does not render a decision within two weeks consent deems to be given.
2. In case of defence, for the purpose of comprehensive military defence (Art. 9a) unobjectionable additional means within the financial year up to the amount of a total of 10/100 of the sum of utilisations of appropriations having been provided for by Federal Financial Law for spending may be provided on the basis of an ordinance of the Federal Government in consent with the Committee of the House of Representatives in charge of preliminary deliberation on Federal Finance Acts. To the extent the allocation of such additional means cannot be safeguarded by economization of means or additionally raised means the ordinance of the Federal Government has to authorize the Minister for Finance to care for the necessary allocation of means by making or conversion of financial debts.
(8) In the management of the federal budgets the principles of striving for efficiency, in particular also under respect of the goal of equal treatment of women and men, transparency, efficiency and a true picture of the financial situation of the Federation as much as possible are to be respected.
(9) The more detailed provisions as to the preparation of the Federal Finance Frame Act, the Federal Finance Act and as to the other management of the federal household must be settled in conformity with uniform principles in accordance with the provisions of para 8 by federal law. The latter prescribes in particular:
1. the measures for an administration striving for efficiency, in particular also under respect of the goal of equal treatment of women and men;
2. the measures to safeguard transparency including the duty to render reports to the Committee of the House of Representatives in charge of preliminary deliberation on Federal Finance Acts;
3. the making, structuring and binding effect of the Federal Finance Frame Act;
4. the structuring of federal budget;
5. the binding effect of the Federal Financial Law, in particular regarding the aspects of time and amount;
6. the arguments for debts in advance including the preconditions which, if met, debts in advance require an ordinance of the Federal Minister for Finance in consent with the Committee of the House of Representatives in charge of preliminary deliberation on Federal Finance Acts or statutory authorization;
7. the creation of positive and negative budget reserves;
8. disposition on federal assets including the preconditions which, if met, require an ordinance of the Federal Minister for Finance in consent with the Committee of the House of Representatives in charge of preliminary deliberation on Federal Finance Acts or statutory authorization;
9. the assumption of liabilities by the Federation;
10. making or conversion of liabilities by procuring financial means, which are not redeemed within the same financial year or through long term financing (financial debts);
11. incentive- and sanction mechanisms;
12. controlling;
13. participation of the Court of Audit for the correctness of accountancy.
Article 51a [Budget](1) In case the Federal Government has not presented to the House of Representatives in due time (Art. 51 para 2 and 3) the draft of a Federal Finance Frame Act or a Federal Finance Act, a draft of a Federal Finance Frame Act or a Federal Finance Act may also be brought in by the members of the House of Representatives .
(2) In case the Federal Government presents the draft of a Federal Finance Frame Act or a Federal Finance law after such proposal has been brought forward, the House of Representatives may resolve to consider either draft in its deliberations.
(3) In case the House of Representatives has not passed a Federal Finance Frame Act in a Financial year, the upper limits of the most recent financial year, for which upper limits had been determined, continue to apply.
(4) If the House of Representatives does not pass a Federal Finance Act for a financial year and likewise makes no temporary provision by way of a federal law, the federal household is to be managed according to the provisions of the most recently passed Federal Finance Act. Monetary debts then can only be incurred to half of the respectively anticipated ceiling amounts as well as short term commitments for the temporary reinforcement of cash holdings.
Article 51b [Budget, Appropriations](1) The Federal Minister for Finance has to provide that in managing the budget first obligations due will be covered and then the other utilisations of appropriations will be made, however on the condition they can be covered and under respect of the principles pursuant to Art. 51 para 8.
(2) If the development of the federal Budget so requires or in the course of the financial year an essential change of the national economic development begins to emerge, the Federal Minister for Finance, with the consent of the Federal Government or on the basis of authorization under the Federal Finance Act, in order to control the federal Budget may earmark a certain percentage of the appropriations provided by the Federal Finance Act, to the extent this does not affect the meeting of due obligations of the Federation. Within one month after the earmarking he has to report to the Committee of the House of Representatives in charge of preliminary deliberation on Federal Finance Acts.
(3) The Federal Minister for Finance has to regularly inform the members of the Federal Government and the other budget managing organs on the implementation of the budget.
Article 51c [Budget, Exceeding Appropriations](1) Any utilisation of appropriations which is not provided for in the Federal Finance Act or which exceeds the utilisation of appropriations approved by the House of Representatives may only be made on the basis of an authorization by Federal Finance Act.
(2) The House of Representatives may authorize the Federal Minister for Finance and the Federal Finance Act to consent the exceeding of the utilisation of appropriations provided for in the Federal Finance Act. Such authorization may only be granted to the extent the exceeding is linked to preconditions on material grounds and is specified or computable in amount. Furthermore, with the consent of the Federal Minister for Finance, the appropriations provided for in the Federal Finance Act may be exceeded,
1. on the basis of a statutory obligation,
2. in case of an existing financial debt or on the basis of currency exchange agreements or
3. on the basis of another obligation already existing at the time the Federal Financial Law enters into force. The consent on the basis of the provisions of this paragraph may only be granted in case of an unforeseen requirement and only to the extent as coverage is safeguarded and the respectively binding applicable upper limits pursuant to Art. 51 para 2 and 6 for the relevant financial year are not exceeded. The Federal Minister for Finance may transfer the authorizations granted on the basis of the provisions of this paragraph for the consent to exceed the utilisation of appropriations having been provided for -- with the exceptions of those pursuant to subpara 2 -- in consent with the leading budgeting organs in charge, to the heads of official executive officers, to the extent this is necessary to implement an administration striving for efficiency.
(3) The Federal Minister for Finance has to report quarterly to the Committee of the House of Representatives in charge of preliminary deliberation on Federal Finance Acts on the measures taken pursuant to para 2.
Article 51d [Budget, Competence](1) A participation of the House of Representatives in the budget management is incumbent on the Committee of the House of Representatives in charge preliminary deliberation on Federal Finance Acts. It may transfer certain agenda to a permanent sub-committee on which also the participation in the budget management is incumbent, in case the House of Representatives is dissolved by the Federal President pursuant to Art. 29 para 1. The Committee in charge of the preliminary consultations for Federal Finance Acts and its permanent sub-committee are also to be convened when the House of Representatives (Art. 28) is not in session, if necessary. The Federal Law on the Rules of Procedure of the House of Representatives provides further details.
(2) Any further reports beyond Art. 51b para 2 and 51c para 3 are to be submitted to the Committee of the House of Representatives in charge of preliminary deliberation on Federal Finance Acts with regard to specific federal legal provisions.
Article 52 [Government Interrogation](1) The House of Representatives and the Senate are entitled to examine the administration of affairs by the Federal Government, to interrogate its members about all subjects pertaining to execution, and to demand all relevant information as well as to ventilate in resolutions their wishes about exercise of the executive power.
(1a) The competent committees of the House of Representatives and the Senate are entitled to demand the presence of the head of an executive body being not bound by instructions pursuant to Art. 20 para 2 in the sessions of the committees and to interrogate him on all subjects of the administration of affairs.
(2) Rights of control pursuant to para 1 hold good as regards the Federal Government and its members likewise in respect of enterprises in which the Federation has a participation of at least fifty per cent in the share, stock, or equity capital and which is subject to the control of the Court of Auditors. Such a financial participation has to be deemed equivalent to the domination of enterprises by way of different financial or other economic or organizational measures. This applies also to enterprises at every further level where the prerequisites pursuant to this paragraph are on hand.
(3) Every member of the House of Representatives and the Senate is entitled during the sessions of the House of Representatives and the Senate to address brief oral questions to members of the Federal Government.
(4) The detailed regulations respecting the right of interrogation will be settled by the Federal Law on the Rules of Procedure of the House of Representatives as well as in the Rules of Procedure of the Senate.
Article 52a [Government Interrogation, Organization](1) The House of Representatives 's competent committees each elect a standing sub-committee of inquiry to review measures for the safeguard of constitutionally established agencies as well as their operative capacity and intelligence measures to secure the country's military defence. Each sub-committee must include at least one member from each of the parties represented in the Main Committee of the House of Representatives .
(2) The standing sub-committees are empowered to demand from the competent Federal Ministers all relevant information and insight into the relevant materials. This does not apply to information and material, in particular about sources, whose disclosure would endanger national security or the safety of individuals.
(3) The standing sub-committees can, if need be, meet at times others than those of House of Representatives sessions.
(4) The Federal Law on the Rules of Procedure of the House of Representatives settles detailed provisions.
Article 52b [Government Interrogation, Organization](1) For the scrutiny of a particular proceeding in a matter relating to the federal financial administration the Committee constituted pursuant to Art. 126d para 2 elects a standing sub-committee. At least one member from every party represented in the Main Committee of the House of Representatives must belong to this sub-committee.
(2) The detailed provisions are settled by the Federal Law on the Rules of Procedure of the House of Representatives .
Article 53 [Committees of Inquiry](1) The House of Representatives can by resolution set up committees of inquiry. In addition, a committee of inquiry must be set up on demand of one quarter of its members.
(2) The subject matter of the investigation is a certain completed process regarding matters in which the Federation is responsible for implementing the laws. This includes all activities of executive bodies or officers of the Federation through which the Federation exercises rights associated with holding an economic interest and supervisory rights irrespective of the proportion of its interest. An examination of jurisdiction is excluded.
(3) All executive bodies or officers of the Federation, the provinces, the municipalities and the municipal associations and of the other self-administering bodies must submit to a committee of inquiry, on demand, their files and documents to the extent to which these relate to the subject matter of the investigation and must comply with the request of a committee of inquiry to take evidence in connection with the subject matter of the investigation. This does not apply to the submission of files and documents whose disclosure would endanger sources as referred to in Art. 52a para 2.
(4) There is no obligation pursuant to para 3 if the lawful decision-making process of the Federal Government or of its individual members or the immediate preparation of the decision-making process is adversely affected.
(5) More detailed provisions are laid down in the Federal Law on the Rules of Procedure of the House of Representatives . This law can provide for participation of the members of the Ombudsman Board and special provisions on deputising for the chairman and the function of the chairman. The law must also specify the extent to which the committee of inquiry can adopt coercive measures and request for these measures to be ordered or implemented.
Article 55 [Main Committee](1) The House of Representatives elects its Main Committee from its members in accordance with the principle of proportional representation.
(2) Should the need arise, the Main Committee must be convoked also between sessions of the House of Representatives (Art. 28).
(3) The Main Committee elects from its members a standing sub-committee upon which devolve the powers stipulated by this law. The election takes place in accordance with proportional representation; respect for this principle must nonetheless allow for inclusion in the sub-committee of at least one member of every party represented in the Main Committee. The Federal Law on the Rules of Procedure of the House of Representatives must provide that the standing sub-committee can be convoked and can meet at any time. If the House of Representatives in accordance with Art. 29 para 1 is dissolved by the Federal President, participation in the executive power devolves upon the standing sub-committee which in accordance with this law otherwise lies with the House of Representatives (Main Committee).
(4) It can be stipulated by federal law that certain general acts of the Federal Government or a Federal Minister need the agreement of the Main Committee as well as that reports be rendered to the Main Committee by the Federal Government or a Federal Minister. More detailed provisions, in particular if no agreement is reached, are settled by the Federal Law on the Rules of Procedure of the House of Representatives .
(5) As regards ordinances by the competent Federal Minister concerning control measures for safeguarding undisturbed production or the supply of the population and other consumers with essential economic and consumer goods, provision are made for obtaining the consent of the Main Committee of the House of Representatives ; in an emergency and for the repeal of such ordinances, special regulations may be adopted. Resolutions of the Main Committee consencing such ordinances can only be adopted in the presence of at least half of its members and by a majority of two thirds of the votes cast.
Article 56 [Independence](1) The members of the House of Representatives and the members of the Senate are bound in the exercise of their function by no mandate.
(2) If a member of the Federal Government or a State Secretary has relinquished his seat as a member of the House of Representatives , the competent electoral board assigns again him the seat when he has left office, in the circumstances of Art. 71 after release from entrustment with continuation of the administration, provided that he has not within eight days advised the board of his disclaimer to the renewed exercise of his mandate.
(3) This renewed assignment ends the mandate of that House of Representatives member who has held the seat of the temporarily retired member in so far as another, subsequent House of Representatives member did not on the occasion of nomination to the seat in the same constituency declare to the electoral board his wish to exercise the mandate as deputy for the temporarily retired member of the House of Representatives .
(4) Paras 2 and 3 also hold good if a member of the Federal Government or a State Secretary has not accepted his election to membership of the House of Representatives .
Article 57 [Indemnity, Immunity](1) The members of the House of Representatives may never be made responsible for votes cast in the exercise of their function. They may be made responsible on the grounds of oral or written utterances made in the course of their function only by the House of Representatives ; this does not apply to prosecution by authorities because of defamation or an offence punishable under the Federal Act on the Information Rules of the House of Representatives and the Senate.
(2) The members of the House of Representatives may on the ground of a criminal offence -- the case of apprehension in the act of committing a crime excepted -- be arrested only with the consent of the House of Representatives . Domiciliary visitations of House of Representatives members likewise require the consent of the House of Representatives .
(3) Legal action on the ground of a criminal offence may otherwise without the consent of the House of Representatives be taken against members of the House of Representatives only if it is manifestly not connected with the political activity of the member in question. The authority concerned must however seek a decision by the House of Representatives on the existence of such a connection if the member in question or a third of the members belonging to the standing committee entrusted with these matters so demands. Every act of legal process must in the case of such a demand immediately cease or be discontinued.
(4) In all these instances the consent of the House of Representatives counts as granted if within eight weeks it has not given a ruling on an appropriate request by the authority competent for the institution of legal action; the President, with a view to the House of Representatives 's adoption of a resolution in good time, puts at the latest such a request to the vote on the day but one before expiry of the deadline. The latter does not include the period when the House of Representatives is not in session.
(5) In case of a member's apprehension in the act of committing a crime, the authority concerned must immediately notify the President of the House of Representatives of the occurrence of the arrest. If the House of Representatives or when it is not in session the standing committee entrusted with these matters so demands, the arrest must be suspended or the legal process as a whole be dropped.
(6) The immunity of members ends with the day of the meeting of the newly elected House of Representatives , that of functionaries of the House of Representatives whose tenure of office extends beyond this date on the expiry of this term of office.
(7) The detailed provisions are settled by the Federal Law on the Rules of Procedure of the House of Representatives .
Article 58 [Immunity in the Senate]The members of the Senate enjoy for the whole duration of their tenure of office the immunity of the members of the Provincial Parliament which has delegated them.
Article 59 [Incompatibility, Public Employment]No member of the House of Representatives , the Senate or the European Parliament can simultaneously belong to one of the two other representative bodies.
Article 59a [Election of public employees](1) A public employee who seeks a seat in the House of Representatives must be granted the time necessary for the canvassing of votes.
(2) A public employee who is a member of the House of Representatives or the Senate must, at his request, be granted leave of absence or be retired for the time necessary for the fulfilment of his membership duties. During leave of absence, pay must correspond to the amount of work actually performed within the framework of service duties, but must not exceed 75 per cent of total pay; this limit also applies if no use is made either of leave of absence or retirement. Retirement entails the termination of all service-related payments.
(3) If it is not possible for a public employee to be appointed to his previous post because of the fulfilment of his membership duties, he is entitled to be assigned a reasonably equivalent -- with his consent, also a not equivalent -- activity. The pay must be determined by the activity actually performed by the employee.
Article 59b [Control of elected public employees](1) To control the pay of public employees who have been elected members of the House of Representatives or Senate, a Commission will be set up under the auspices of the Parliamentary Staff. The Commission consists of:
1. one representative nominated by each of the Presidents of the House of Representatives ,
2. two representatives nominated by the Chairman of the Senate with the consent of his deputies,
3. two representatives of the provinces,
4. two representatives of the municipalities, and
5. one member who previously exercised a judicial function. The members pursuant to subparas 3 to 5 are appointed by the Federal President; in its recommendation (Art. 67) regarding subpara 3, the Federal Government is bound by a joint recommendation by the Provincial Governors and regarding subpara 4 by a recommendation by the Austrian Federation of Local Authorities and a recommendation by the Austrian Union of Towns. The members of the Commission pursuant to subparas 1 to 4 must be persons who previously exercised a function within the meaning of Art. 19 para 2. A person who pursues a gainful occupation cannot be a member of the Commission. Membership in the Commission terminates with the expiry of the legislative period, but not before a new member has been nominated or appointed.
(2) At the request of a public employee, who is a member of the House of Representatives or the Senate, or at the request of his employing authority, the Commission gives an opinion on disputes arising between the public employee and his employing authority in the execution of Art. 59a or in respect of regulations issued in its implementation. The Commission also gives opinions on such disputes arising between a judge and chamber or a commission within the meaning of Art. 87 para 2 as well as on disputes arising between a member of the House of Representatives or the Senate and the President of the House of Representatives in the execution of Art. 30 para 3.
(3) The member of the House of Representatives or Senate who is a public employee is obligated to inform the Commission each year about the arrangement he has made in respect of his leave of absence or retirement pursuant to Art. 59a and how the work to be performed by him will be reviewed. Art. 53 para 3 applies analogously to inquiries by the Commission. The Commission furnishes itself with rules of procedure. Each year, the Commission files a report with the House of Representatives -- as far as members of the Senate are concerned, with the Senate --, which must be published.
Article 60 [Election](1) The Federal President must be elected by the federal people on the basis of equal, direct, personal, free and secret suffrage by men and women having suffrage to the House of Representatives . If only one candidate stands for election, it must be carried out in form of a voting. Art. 26 para 5 to 8 applies mutatis mutandis.
(2) The candidate who polls more than half of all valid votes has been elected. If no such majority results, a second ballot takes place. Votes in this can validly be cast only for one of the two candidates who have polled the most votes in the first ballot.
(3) Only a person who is eligible to the House of Representatives and has completed the thirty-fifth year of life on the day of the election can be elected Federal President.
(4) The result of the election of the Federal President must be officially published by the Federal Chancellor.
(5) The term of office of the Federal President is six years. Re-election for a consecutive term of office is permitted once only.
(6) Before expiry of the term of office the Federal President can be deposed by referendum. The referendum must be held if the Federal Assembly so demands. The Federal Assembly must for this purpose be convened by the Federal Chancellor if the House of Representatives has adopted such a motion. The decision of the House of Representatives requires the presence of at least half the members and a majority of two thirds of the votes cast. By such a decision of the House of Representatives the Federal President is prevented from further exercising his office. Rejection of the deposition by the referendum holds good as a new election and results in the dissolution of the House of Representatives (Art. 29 para 1). Also in this case, the Federal President's entire term of office may not last more than twelve years.
Article 61 [Incompatibility](1) While in office, the Federal President may not belong to a general representative body nor practise any other profession and must be eligible to the House of Representatives .
(2) The title "Federal President" may -- even with an addition or in connection with other designations -- not be used by anyone else. It is protected by law.
Article 62 [Oath](1) On taking office the Federal President takes the following vow before the Federal Assembly:
"I vow that I will faithfully observe the constitution and all the laws of the Republic and perform my duty to the best of my knowledge and belief."
(2) The addition of a religious affirmation is admissible.
Article 63 [Immunity](1) Legal prosecution of the Federal President is only admissible if the Federal Assembly has accepted it.
(2) The application for legally prosecuting the Federal President must be filed by the competent authority with the House of Representatives which votes whether to bring the matter before the Federal Assembly. If the House of Representatives pronounces in favour of this, the Federal Chancellor convenes immediately the Federal Assembly.
Article 64 [Temporary Discharge](1) All the Federal President's responsibilities, should he be prevented from their discharge, pass in the first instance to the Federal Chancellor. A sojourn in another member state of the European Union is not deemed to be an impediment. If the impediment lasts longer than twenty days or if pursuant to Art. 60 para 6 the Federal President is prevented from the discharge of his office, the President, the Second President, and the Third President of the House of Representatives acting as a committee undertakes the responsibilities of the Federal President. The same holds good if the position of the Federal President is continuously in abeyance.
(2) The committee entrusted according to para 1 above with the exercise of the Federal President's functions decides by majority vote. Chairmanship of the committee devolves on the President of the House of Representatives , likewise its representation in public.
(3) Is one or are two of the House of Representatives 's Presidents prevented from the discharge of their responsibilities or is their position continuously in abeyance, the committee still constitutes a quorum even without their participation; in the event of a tie, the President senior in rank has the casting vote.
(4) In case the position of the Federal President is continuously in abeyance, the Federal Government arranges immediately the election of the new Federal President; after the ensuing election the committee convokes without delay the Federal Assembly for the affirmation of the Federal President.
Article 65 [Functions](1) The Federal President represents the Republic internationally, receives and accredits envoys, sanctions the appointment of foreign consuls, appoints the consular representatives of the Republic abroad and concludes state treaties. Upon the conclusion of a state treaty not falling under Art. 50 or a state treaty pursuant to Art. 16 para 1 which neither modifies nor complements existent laws, he can direct that the state treaty in question must be implemented by the issue of ordinances.
(2) Furthermore there is vested in him -- apart from the powers assigned to him in accordance with other provisions of this constitution -- authority:
a) to appoint federal civil servants, including officers as well as other federal functionaries, and to bestow official titles on them;
b) to create and to bestow professional titles;
c) in individual cases: to pardon persons sentenced without further resources of appeal, to mitigate and commute sentences pronounced by the courts, as an act of grace to annul sentences and to grant remission from their legal consequences, and moreover to quash criminal proceedings in actions subject to prosecution ex officio;
d) on the petition of parents to declare illegitimate children legitimate.
(3) Special laws provide to what extent powers are additionally vested in the Federal President with respect to the grant of honorary privileges, extraordinary gratifications, allowances and pensions, the right to nominate and confirm persons in appointments and to exercise other powers in personnel matters.
Article 66 [Authorities of the Federal President](1) The Federal President can transfer to the competent members of the Federal Government the right vested in him to appoint certain categories of federal civil servants and empower them to transfer, as regards certain categories of federal civil servants, this competence to authorities subordinate to him.
(2) The Federal President can authorize the Federal Government or the competent members of the Federal Government to conclude certain categories of state treaties which neither fall under Art. 16 para 1 nor under Art. 50; such an authorization extends also to the power to order that these state treaties must be implemented by the issue of ordinances.
(3) The Federal President can on the recommendation of a Land Government and with the counter-signature of the Governor authorize the Land Government to conclude state treaties in accordance with Art. 16 para 1 when they neither modify nor complement existing laws; such an authorization extends also to the power to direct that these state treaties must be implemented by the issue of ordinances.
Article 67 [Recommendation, Countersignature](1) Save as otherwise provided by the Constitution, all official acts of the Federal President must be based on recommendation by the Federal Government or the Federal Minister authorized by it. The law provides to what extent the Federal Government or the competent Federal Minister is herein dependent on recommendations from other quarters.
(2) Save as otherwise provided by the Constitution, all official acts of the Federal President require for their validity the countersignature of the Federal Chancellor or the competent Federal Minister.
Article 67a [Assistance](1) The Presidential Chancellery, being sub-ordinate to the Federal President is called to assist him performing his official affairs. Details on the course of business in the Presidential Chancellery may be regulated by rules of procedure to be issued by the Federal President.
(2) Art. 67 does not apply to the rules of procedure of the Presidential Chancellery, for the appointment of employees of the Presidential Chancellery and the bestowing of official titles in exercising the service prerogative with regard to them.
Article 68 [Responsibility](1) Pursuant to Art. 142, the Federal President is responsible to the Federal Assembly for the exercise of his functions.
(2) To assert this responsibility, the Federal Assembly must on the vote of the House of Representatives or the Senate be convoked by the Federal Chancellor.
(3) The presence of more than half the members of each of the two representative bodies and a majority of two thirds of the votes cast is requisite to a vote whereby a charge, consonant with Art. 142, is preferred against the Federal President.
(4) Para 2 and 3 applies mutatis mutandis to the procedure under Art. 141 par. 1 letter d.
Article 69 [Government](1) The Federal Chancellor, the Vice-Chancellor and the other Federal Ministers are entrusted with the highest administrative business of the Federation in so far as this is not assigned to the Federal President. They constitute as a body the Federal Government under the chairmanship of the Federal Chancellor.
(2) The Vice-Chancellor is entitled to deputize for the Federal Chancellor in his entire sphere of competence. Should the Federal Chancellor and the Vice-Chancellor simultaneously be prevented from the discharge of their responsibilities, the most senior -- in the case of equal seniority, the eldest -- member of the Federal Government who is not prevented from the discharge of his duties deputizes for the Federal Chancellor.
(3) The Federal Government adopts its resolutions unanimously. Resolutions may be adopted by circular resolution. If the Federal Government meets in the personal presence of its members, it has a quorum when more than half of its members are present.
Article 70 [Appointment](1) The Federal Chancellor and, on his recommendation, the other members of the Federal Government are appointed by the Federal President. No recommendation is requisite to the dismissal of the Federal Chancellor or the whole Federal Government; the dismissal of individual members of the Federal Government ensues on the recommendation of the Federal Chancellor. The appointment of the Federal Chancellor or the whole Federal Government is countersigned by the newly appointed Federal Chancellor; dismissal requires no countersignature.
(2) Members of the Federal Government need not belong to the House of Representatives but must be eligible to the House of Representatives .
(3) Should a new Federal Government be appointed by the Federal President at a time when the House of Representatives is not in session, he must convoke the House of Representatives for an extraordinary session (Art. 28 para 2), and that to meet within one week, for the purpose of introducing the new Federal Government.
Article 71 [Interim Government]Should the Federal Government have left office, the Federal President entrusts members of the outgoing Government with continuation of the administration and one of them with the chairmanship of the provisional Federal Government. A State Secretary attached to an outgoing Federal Minister or a senior civil servant in the Federal Ministry concerned can likewise be entrusted with continuation of the administration. This provision applies analogously if individual members of the Federal Government have left office. Whoever is entrusted with continuation of the administration bears the same responsibility as a Federal Minister (Art. 76).
Article 72 [Affirmation](1) Before their assumption of office the members of the Federal Government render an affirmation to the Federal President. The addition of a religious asseveration is admissible.
(2) The instruments of appointment for the Federal Chancellor, the Vice-Chancellor, and the other Federal Ministers are executed by the Federal President on the day of the affirmation and are countersigned by the newly appointed Federal Chancellor.
(3) These provisions applies mutatis mutandis to the cases mentioned in Art. 71.
Article 73 [Deputy Minister](1) Should a Federal Minister be temporarily prevented from discharging his responsibilities, he instructs, in consent with another Federal Minister, the very, a state secretary attached to him or a senior civil servant of the respective Federal Ministry to deputize for him. Such instruction to deputize is to be notified to the Federal President and the Federal Chancellor. A sojourn in another member state of the European Union is not deemed to be an impediment. If a Federal Minister is not in the situation to deputize in the sense of the first phrase, the Federal Chancellor, in consent with the deputy chancellor, instructs another Federal Minister, a state secretary attached to the prevented Federal Minister or a senior civil servant of the respective Federal Ministry to deputize. Such instruction to deputize is to be notified to the Federal President. The deputy carries the same responsibility as a Federal Minister (Art.76).
(2) The Federal Minister competent for a matter may transfer to another Federal Minister or a State Secretary the power to participate in the sessions of the Council and within this framework to conduct the negotiations respecting a particular project and to vote thereon.
(3) A member of the Federal Government who is staying in another member state of the European Union may let his business in the House of Representatives or Senate be taken care of by a State Secretary attached to him or another Federal Minister. A member of the Federal Government, who is not deputized for, may transfer his right to vote in the Federal Government to another Federal Minister; this does not affect his accountability. The voting right may only be assigned to a member of the Federal Government who has not already been entrusted with deputizing for another member of the Federal Government and whom a voting right has not already been assigned to.
Article 74 [Vote of No Confidence](1) If the House of Representatives passes an explicit vote of no confidence in the Federal Government or individual members thereof, the Federal Government or the Federal Minister concerned must be removed from office.
(2) The presence of half the members of the House of Representatives is requisite to a vote of no confidence in the House of Representatives. Voting must however be adjourned until the next working day but one if the number of members stipulated by the Federal Law on the Rules of Procedure of the House of Representatives so demands. A fresh adjournment of the voting can ensue only from a decision by the House of Representatives .
(3) Notwithstanding the power otherwise vested in the Federal President in accordance with Art. 70 para 1, the Federal Government or its individual members must in the legally specified contingencies or at their own wish be removed from office.
Article 75 [Presence of Government]The members of the Federal Government as well as the State secretaries are entitled to participate in all deliberations by the House of Representatives , the Senate, and the Federal Assembly as well as the committees (sub-committees) of these representative bodies, but only at special invitation in the deliberations by the standing sub-committee of the Main Committee of the House of Representatives and by the House of Representatives 's committees of inquiry. On each occasion they must, in accordance with the detailed provisions of the Federal Law on the Rules of Procedure of the House of Representatives and of the Rules of Procedure of the Senate, on their demand be given a hearing. The House of Representatives , the Senate, and the Federal Assembly as well as their committees (sub-committees) may demand attendance by members of the Federal Government and request them to initiate investigations.
Article 76 [Responsibility](1) Pursuant to Art. 142, the members of the Federal Government (Arts. 69 and 71) are responsible to the House of Representatives .
(2) The presence of more than half the members is requisite to a motion which prefers a charge pursuant to Art. 142.
Article 77 [Federal Ministries](1) The Federal Ministries and the authorities subordinate to them performs the business of the federal administration.
(2) The number of the Federal Ministries, their competence, and their internal organization will be prescribed by federal law.
(3) The Federal Chancellor is entrusted with the direction of the Federal Chancellery and a Federal Minister is entrusted with the direction of each of the other Federal Ministries. The Federal President may transfer to special Federal Ministers the direction of particular matters which fall within the Federal Chancellery's competence, including the personnel establishment and organization of such business, notwithstanding that these matters continue to appertain to the Federal Chancellery; such Federal Ministers have in respect of the matters in question the status of a competent Federal Minister.
(4) The Federal Chancellor and other Federal Ministers can exceptionally be entrusted with the direction of a second Federal Ministry.
Article 78 [Special Ministers, Secretaries of State](1) In special cases Federal Ministers can be appointed without at the same time being put in charge of a Federal Ministry.
(2) State Secretaries, who are appointed and leave office under the same conditions and in the same way as Federal Ministers, can be attached to Federal Ministers for assistance in the conduct of business and to deputize for them in parliament. The Federal Chancellor may let his business in the House of Representatives and in the Senate in accord with the vice chancellor being entrusted to head a Federal Ministry be taken care of by a state secretary attached to him. The vice chancellor, being entrusted to head a Federal Ministry may let his business in the House of Representatives and in the Senate be taken care of by a state secretary attached to him, in consent with the Federal Chancellor.
(3) The Federal Minister can with his consent likewise entrust the State Secretary with the conduct of certain functions. In the fulfilment of these the State Secretary is also subordinate to the Federal Minister and bound by his instructions.
Article 78a [Federal Competence](1) The supreme security authority is the Federal Minister of the Interior. Subordinate to him are the police directorates of the provinces followed by the district administrative authorities in their capacity as security authorities.
(2) If life, health, freedom or property of individuals are actually in danger or such danger is directly impending, security officials are, irrespective of the competence of another authority for repulse of the hazard, competent to render primary assistance till the intervention of the respective competent authority.
(3) Federal laws provide to what extent municipalities authorities must take action as security authorities.
Article 78b [State Competence](1) Every province has a police directorate. Its head is the provincial police director. In Vienna the provincial police director of the police directorate of the province bears the title "President of the police of the Province".
(2) The Federal Minister of the Interior appoints the police director of the province in agreement with the Governor.
(3) The Federal Minister of the Interior must inform the Governor of every nationally important instruction or such as is crucial for the maintenance of peace, order and security throughout the province which he issues to a director of the police of the province.
Article 78c [Municipality]Federal law provides to which extent the police directorate of a province simultaneously is security authority in first instance for the area of a municipality.
Article 78d [Constabularies](1) Constabularies are armed or uniformed or otherwise militarily patterned units invested with tasks of a police character. In particular not to be counted among the constabularies are guard personnel established for the protection of certain branches of soil cultivation, such as agriculture and forestry (field, crops, and forest protection), for mining, hunting, fishing or other licensed water usages, market supervision officials, and fire brigades.
(2) In the area of a municipality, where the police directorate of the province simultaneously is security authority in first instance no other regional authority may set up a constabulary.
Article 79 [Military Defence, Other Functions](1) The country's military defence is the duty of the Federal Army. It must be conducted on the principles of a militia system.
(2) The Federal Army, as the civil power is in accordance with the law and claims its co-operation, has furthermore
1. also beyond above the sphere of the country's military defence
a) to protect the constitutionally established institutions as well as their capacity to operate and the population's democratic freedoms,
b) to maintain order and security inside the country in general;
2. to render assistance in the case of natural catastrophes and disasters of exceptional magnitude.
(3) Additional tasks of the Federal Army will be prescribed by federal constitutional law.
(4) The Defence Law regulates which officials and authorities can lay direct claim to the co-operation of the Federal Army for the purposes mentioned in para 2 above.
(5) Intervention by the military on its own initiative for the purposes mentioned in para 2 is admissible only if circumstances outside their control have put it beyond capacity of the competent officials to effect intervention by the military and irreparable damage the community at large would arise from a further wait or if it concerns the repulse of an actual attack, or the elimination of active resistance directed against a section of the Federal Army.
Article 80 [Command](1) Commander-in-Chief of the Federal Army is the Federal President.
(2) Save in so far as the Defence Law reserves disposal over the Federal Army to the Federal President, disposal over it lies with the competent Federal Minister within the limits of the authorization conferred on him by the Federal Government.
(3) Supreme command over the Federal Army is exercised by the competent Federal Minister (Art. 76 para 1).
Article 81 [State Participation]Federal law prescribes to what extent the provinces participate in the recruitment, provisioning and accommodation for the Army and the supply of its other requirements.
Article 81c [Public universities](1) The public universities are places of free scientific research, tuition and revelation of the Arts. They act autonomously within the framework of the laws and may render statutes. The members of university bodies are dispensed from instructions.
(2) Federal law may provide that the activity at the university as well as the participation in bodies of the university and the representation of the students by persons not having the Austrian nationality is admissible.
Article 82 [Judgments](1) The Federation is the source of the jurisdiction of the Courts of Justice.
(2) Judgements and decisions are pronounced and drawn up in the name of the republic.
Article 83 [Court Organization, Constitutional Judge](1) The organization and competence of the Courts of Justice is laid down by federal law. The local districts of the district courts must be determined by ordinance of the Federal Government.
(2) No one may be deprived of his lawful judge.
Article 84 [Military Tribunals]Military jurisdiction - except in time of war - is repealed.
Article 85 [Capital Punishment]Capital punishment is abolished.
Article 86 [Appointment](1) Save as provided otherwise by this law, judges are appointed pursuant to the request of the Federal Government by the Federal President or, by reason of his authorization, by the competent Federal Minister; the Federal Government or the Federal Minister obtains proposals for appointment from the chambers competent according to federal law.
(2) If a sufficient number of candidates is available, the proposal for appointment to be submitted to the competent Federal Minister and to be forwarded by him to the Federal Government comprises at least three names, but if there is more than one vacancy to be filled at least twice as many names as there are judges to be appointed.
Article 87 [Independence](1) Judges are independent in the exercise of their judicial office.
(2) A judge is in the exercise of his judicial office during the performance of any judicial function properly his by law and the allocation of business, though to the exclusion of the judiciary's administrative business which in accordance with the provisions of the law must not be discharged by chambers or commissions.
(3) Business must be allocated in advance among the judges of the Court of justice for the period provided by federal law on the organization of the courts. A matter devolving upon a judge in accordance with this allocation may be removed from his jurisdiction only by decree of the chamber competent, in case of his being prevented from the discharge of his responsibilities or his being unable to cope with his duties, due to their extent, within a reasonable time.
Article 87a [Small Business](1) The performance of certain kinds of business, which must be exactly specified and fall within the jurisdiction of a court of first instance, can by federal law be assigned to specially trained personnel of the Federation who are not judges.
(2) The judge competent in accordance with the allocation of business can however at any time reserve to himself or take over the discharge of such business.
(3) The personnel of the Federation which is not a judge is bound in the performance of business specified in para 1 above only by instructions from the judge competent in accordance with the allocation of business. Art. 20 para 1 third sentence applies.
Article 88 [Retirement, Suspension](1) A federal law will determine an age limit upon whose attainment judges will permanently retire.
(2) Otherwise judges may be removed from office or transferred against their will or superannuated only in the cases and ways prescribed by law and by reason of a formal judicial decision. These provisions do not however apply to transfers and retirements which become necessary through a change in the organization of the courts. In such a case the law will lay down within what period judges can without the formalities otherwise prescribed be transferred and superannuated.
(3) The temporary suspension of judges from office may take place only by decree of the head of a district court or president of a court or the superior judicial authority together with simultaneous reference of the matter to the competent court of justice.
Article 88a [Substitute judges]Federal law may provide for posts of substitute judges assigned to a superior court of justice. The number of such posts may not exceed three per cent of the number of judge posts assigned to the subordinate courts of justice. The employment of the substitute judges in charge at subordinate courts of justice and eventually at the superior court itself must be determined by the competent chamber of the superior court, defined by federal law. Substitute judges may be entrusted only with the substitution of judges of subordinated courts of justice resp. of judges at the superior court of justice itself and only if these judges are prevented from the discharge of their responsibilities or are unable to cope with their duties, due to the extent of these, within a reasonable time.
Article 89 [Judicial Review of Laws](1) Save as otherwise provided by the following paragraphs, the courts of justice are not entitled to examine the validity of duly published ordinances, proclamations of the republication of a law (state treaty), laws and state treaties.
(2) Should a court of justice have concerns regarding the application of an ordinance on the ground of its contrary to law, regarding the proclamation of a republication of a law (state treaty) on the ground of its contrary to law, regarding a law on the ground of its being unconstitutional or regarding a state treaty on the ground of its being unlawful, the court files an application with the Constitutional Court to repeal that piece of legislation.
(3) If the legal regulation to be applied by the court of justice has already ceased to be in force, the court of justice's application to the Constitutional Court must request a decision that the legal regulation was contrary to law, unconstitutional or unlawful.
(4) Federal law determines what effects an application pursuant to para 2 or para 3 above has on the proceedings pending at the court of justice.
Article 90 [Publicity, Indictment](1) Hearings in civil and criminal cases at the court of justice are oral and public. Exceptions are regulated by law.
(2) In criminal proceedings the procedure is by indictment.
Article 90a [Public Prosecutors]Public prosecutors are functionaries of the jurisdiction. They represent the investigation and prosecution in cases for acts carrying a penalty by court. Federal law determines the detailed regulations on their being bound to instructions of their superior functionaries.
Article 91 [Juries in Criminal Proceedings](1) The people participates in jurisdiction.
(2) A jury returns a verdict upon the guilt of the accused in crimes entailing severe penalties, to be specified by law, and in all cases of political felonies and misdemeanours.
(3) In criminal proceedings for other punishable offences lay assessors participate in jurisdiction if the penalty to be imposed exceeds a limit to be determined by law.
Article 92 [Supreme Court](1) The Supreme Court is the court of final instance in civil and criminal suits.
(2) The following cannot belong to the Supreme Court: members of the Federal Government, a Land Government, a general representative body or the European Parliament; for members of a general representative body or of the European Parliament who have been elected for a fixed term of legislation or office such incompatibility continues until expiry of that term of legislation or office. Who has exercised one of the functions just mentioned in the last five years cannot be appointed President or Vice-President of the Supreme Court.
Article 93 [Pardons]General amnesties for acts punishable by the courts are extended by federal law.
Article 94 [Separation of Powers](1) Judicial and administrative powers must be separate at all levels of proceedings.
(2) Federal or provincial legislation may provide in specific matters an appeal from the administrative authority to a court of justice instead of an appeal to the Administrative Court. In the matters of execution of the Federation not directly handled by federal authorities, as well as in the matters of Art. 11, 12, 14 para 2 and 3 and 14a para 3 and 4 federal laws may, in accordance with the first phrase, only be published with the consent of the provinces. To provincial legislation pursuant to the first phrase Art. 97 para 2 applies accordingly.
Article 95 [State Parliaments](1) The legislation of the provinces is carried out by the Provincial Parliament. The Provincial Parliaments are elected by equal, direct, personal, free and secret suffrage on the basis of proportional representation by the male and female provincial citizens who in accordance with the Provincial Parliament electoral regulations are entitled to vote. The constitution of a province may provide that nationals, who had a residence in the province, before moving their domicile abroad are entitled to vote for the duration of this sojourn abroad, for a maximum period of ten years.
(2) The Provincial Parliament electoral regulations may not impose more stringent conditions for suffrage and electoral eligibility than does the federal constitution for elections to the House of Representatives and may not impose more stringent conditions for eligibility than does the provisions of federal law for elections to the House of Representatives .
(3) The voters exercise their franchise in self-contained constituencies which can be divided into self-contained regional constituencies. The number of deputies must be divided among the constituencies in proportion to the numbers of inhabitants. The Provincial Parliament electoral regulations can provide for a final distribution procedure throughout the province whereby a balance between the seats allocated to the candidate parties in the constituencies and likewise a distribution of the as yet unallocated seats is effected in accordance with the principles of proportional representation. A division of the electorate into other electoral bodies is not admissible.
(4) Detailed regulations on the election procedure must be determined by the Provincial Parliament electoral regulations. Art. 26 para 6 applies mutatis mutandis.
(5) To public employees who seek a seat in the Provincial Parliament or who are elected to membership of a Provincial Parliament, Art. 59a applies, stricter regulations are admissible. Provincial constitutional law can create an institution with the same powers and the same obligation to publicize a report as those of the Commission pursuant to Art. 59b.
Article 96 [Immunity](1) The members of a Provincial Parliament enjoy the same immunity as the members of the House of Representatives ; the provisions of Art. 57 applies mutatis mutandis.
(2) The provisions of Arts. 32 and 33 hold good also for the meetings of Provincial Parliament and their committees.
(3) Provincial law can determine upon a settlement in according with Art. 56 paras 2 to 4 for Provincial Parliament members who resign their seat on the occasion of their election to the Senate or the Land Government.
Article 97 [State Legislation](1) A provincial law requires a vote by a Provincial Parliament, authentication and countersignature in accordance with the provisions of the province concerned, and publication by the Governor in the Provincial Law Gazette.
(2) Inasmuch as a provincial law foresees the participation in its execution of Federal organs the consent of the Federal Government must be obtained.
(3) If the immediate enactment of measures which constitutionally require the adoption of a resolution by the Provincial Parliament becomes necessary to avert manifest, irreparable harm to the community as a whole in circumstances where the Provincial Parliament is unable to meet in time or is impeded in its function by events beyond its control, the Land Government can in agreement with a Provincial Parliament committee appointed in accordance with the principle of proportional representation take these measures by way of temporarily law-amending ordinances. The Land Government informs without delay the Federal Government thereof. The Provincial Parliament must be convened as soon as the impediment to its meeting has ceased to be operative. Art. 18 para 4 holds good analogously.
(4) The ordinances specified in para 3 above may in any case not signify an alteration to provincial constitutional provisions and may neither comprise a permanent financial burden for the province nor a financial burden for the Federation or the municipalities, nor financial commitments for the state's nationals, nor a disposal of provincial property, nor measures pertaining to the matters relate to the affairs of the chambers of labour engaged in agriculture and forestry.
Article 98 [Consent of the Federal Government]Insofar as a legislative resolution requires the consent of the Federal Government, it has to be notified by the Governor of the Land to the Federal Chancellery immediately after the resolution has been passed by the Provincial Parliament. Consent must be deemed to have been granted if the Federal Government has not notified the Governor of the Province within eight weeks of the day on which the resolution on the law was received by the Federal Chancellery that consent is refused. Before the expiry of this period, the legislative resolution may be promulgated only if the Federal Government has communicated its express consent.
Article 99 [State Constitutions](1) The provincial constitution to be enacted by a provincial constitutional law can, inasmuch as the Federal Constitution is not affected thereby, be amended by provincial constitutional law.
(2) A provincial constitutional law can be passed only in the presence of half the members of the Provincial Parliament and by a majority of two thirds of the votes cast.
Article 100 [Dissolution](1) Every Provincial Parliament can, at the request of the Federal Government and with the consent of the Senate, be dissolved by the Federal President; such a dissolution may however be decreed only once for the same reason. The motion in the Senate must be carried in the presence of half the members and by a majority of two thirds of the votes cast. The representatives of the province whose Provincial Parliament is to be dissolved may not participate in the division.
(2) In case of dissolution writs for new elections must within three weeks be issued in accordance with the provisions of the provincial constitution; the convocation of the newly elected Provincial Parliament must ensue within four weeks after the election.
Article 101 [State Government](1) The executive power in each province is exercised by a Land Government to be elected by the Provincial Parliament.
(2) The members of a Land Government need not belong to the Provincial Parliament but must be eligible for the Provincial Parliament.
(3) The Land Government consists of the Governor, the requisite number of deputies, and other members.
(4) Before assumption of office the Governor renders to the Federal President, the other members of the Land Government render to the Governor an affirmation with respect to the federal constitution. The addition of a religious asseveration is admissible.
Article 102 [State-Governor](1) In the sphere of the provinces, in so far as no federal authorities exist (direct federal administration), the Governor and the provincial authorities subordinate to him exercise the executive power of the Federation (indirect federal administration). In so far as federal authorities are entrusted with the execution of matters which are performed as indirect federal administration, these federal authorities are subordinate to the Governor and bound by his instructions (Art. 20 para 1); whether and to what extent such federal authorities are entrusted with executive acts is regulated by federal laws; these may, in so far as they do not concern the mandate stated in para 2 below, only be published with the consent of the provinces concerned.
(2) The following matters can within the framework of the constitutionally established sphere of competence be directly performed by federal authorities:
demarcation of frontiers, trade in goods and livestock with other countries, customs, regulation and control of entry into and exit from federal territory, the right of abode for humanitarian reasons; passports, banishment, expulsion and deportation; asylum; extradition, federal finances, monopolies, the monetary-, credit-, stock exchange, banking, the weights and measures, standards and hallmark system, administration of justice, press affairs, the maintenance of peace, order and security, including the extension of primary assistance in general, but but with the exception of the local public security administration, matters pertaining to association and assembly, the aliens police and matters pertaining to residence registration, matters pertaining to weapons, ammunition and explosives as well as the use of fire-arms, antitrust law; patent matters and the protection of designs, trade marks, and other commodity description, the traffic system, river and navigation police, the postal and telecommunications system, mining, Danube control and conservation, regulation of torrents, construction and maintenance of waterways, surveying, labour legislation social and contractual insurance, nursing care allowance; social compensation legislation; commercial transactions in seed and plant commodities, in fodder and fertilizer as well as plant preservatives, and in plant safety appliances including their admission and, in the case of seed and plant commodities, the preservation of monuments, general matters of the protection of person-related data; organisation and command of the federal police likewise their acceptance; military affairs, matters of civilian service; population policy; schooling and education in matters of agricultural and forestry specified in Art. 14a Abs. 2 and central teaching institutions; universities and tertiary educational system and the educational system in matters pertaining to student hostels; compulsory education for juveniles; public tendering.
(3) The Federation remains entitled to delegate to the Governor its executive power also in the matters enumerated in para 2 above.
(4) The establishment of federal authorities for matters other than those specified in para 2 above can ensue only with the consent of the provinces concerned.
(5) If in a province the immediate enactment of measures in matters pertaining to the direct federal administration becomes necessary to avert manifest, irreparable harm to the community as a whole in circumstances where the highest authorities of the federal administration are impeded by events beyond their control, the Governor must take the measures on their behalf.
Article 103 [Instructions](1) In matters of the indirect federal administration the Governor is bound by instructions from the Federal Government and individual Federal Ministers (Art. 20) and he is obliged, in order to effect the implementation of such instructions, also to employ the powers available to him in his capacity as a functionary of the province's autonomous sphere of competence.
(2) A Land Government, when it draws up its rules of procedure, can decide that specific categories of business pertaining to the indirect federal administration must be conducted by members of the Land Government in the name of the Governor because of their substantive relationship with matters pertaining to the province's autonomous sphere of competence. In such business the members concerned of the Land Government are as much bound by the instructions of the Governor (Art. 20) as is the latter by the instructions of the Federal Government or individual Federal Ministers.
(3) Instructions issued by the Federal Government or individual Federal Ministers in accordance with para 1 above must also in instances falling under para 2 above be addressed to the Governor. The latter, should he not himself be conducting the relevant business of the indirect federal administration, is responsible (Art. 142 para 2 subpara e) for passing the instruction in writing without delay and unaltered to the Land Government member concerned and for supervising its implementation. If the instruction is not complied with, although the Governor has made the necessary arrangements, the Land Government member concerned is pursuant to Art. 142 responsible to the Federal Government as well.
Article 104 [Assignment](1) The provisions of Art. 102 do not apply to agencies for the performance of federal business specified in Art. 17.
(2) Nonetheless the Federal Minister entrusted with the administration of federal assets can assign the performance of such business to a Governor and the authorities subordinate to him. Such an assignment can at any time be revoked in part or in whole. To what extent in exceptional instances the Federation makes recompense for the accrued costs of performing such business will be regulated by federal law. Art. 103 paras 2 and 3 apply analogously.
Article 105 [Representation, Deputy State-Governor, Responsibility](1) The Governor represents the province. In matters pertaining to the indirect federal administration he is pursuant to Art. 142 responsible to the Federal Government. The Governor has a member of the Land Government to substitute for him (Deputy Governor) who is designated by the Land Government. This appointment must be notified to the Federal Chancellor. Should the need for substitution occur, the member of the Land Government appointed as substitute is pursuant to Art. 142 likewise responsible to the Federal Government in matters pertaining to the indirect federal administration. Immunity is no bar to the assertion of such responsibility on the part of the Governor or the member of the Land Government who substitutes for him. Immunity is likewise no bar to the assertion of responsibility on the part of a member of the Land Government in a case arising under Art. 103 para 3.
(2) The members of the Land Government are responsible to the Provincial Parliament pursuant to Art. 142.
(3) A vote to prefer a charge within the meaning of Art. 142 needs the presence of half the members.
Article 106 [State Administrative Director]A servant with legal training of the office of the land government will be appointed to take charge as The provincial administration's chief executive of the Land Government Office's internal services. He is also the auxiliary organ of the Governor in matters pertaining to the indirect federal administration.
Article 107 (repealed)
Article 108 [Institutions, Offices]For the federal capital, Vienna, in its capacity as a province, the municipal council has additionally the function of the Provincial Parliament, the city senate the function of the Land Government, the mayor the function of the Governor, the city administration the function of the Land Government Office, and the city administration's chief executive the function of the provincial administration's chief executive.
Article 109 [Appeal]Art. 102 para 1 applies to the federal capital Vienna with the proviso, that the execution of the Federation, to the extent separate federal authorities do not exist (direct federal administration), is exerted by the mayor as Governor and by his subordinate city administration as district administration authority.
Article 110 (repealed)Article 111 (repealed)
Article 112 Allowing for Art. 108 and 109 the provisions of section A of the sixth Chapter hold good in other respects for the federal capital Vienna, with the exception of Art. 117 para 6 second phrase, Art. 119 para 4 and Art. 119a. Art. 142 para 2 subpara e also applies to the conduct of the sphere of competence assigned by the Federation to the federal capital, Vienna.
Article 113 [Schooling and Education](1) The competent Federal Minister and, in the case of institutions other than central educational institutions, the Education Directorates subordinate to the competent Federal Minister are responsible for the implementation of the school system and the education system in matters relating to student hostels pursuant to Article 14, with the exception, however, of the kindergarten system and the day-homes system pursuant to Article 14, para 4, sub-para b.
(2) Notwithstanding para 1 in matters of enforcement under Article 14 para 2, para 3 sub-paras a and b and para 4 sub-para a, the Provincial Government or individual members thereof (Article 101 para 1) shall take the place of the Federal Minister in accordance with the detailed provisions of the Provincial Constitution.
(3) A joint federal and provincial authority to be known as the Directorate of Education must be established for each province.
(4) The Directorates of Education are responsible for the implementation of the school law for public schools pursuant to Art. 14, including quality assurance, school supervision and educational controlling, and for the implementation of the service law and staff representation law for public school teachers and other federal employees at public schools. Federal laws may transfer other matters of federal enforcement to the Education Directorate, and provincial laws may transfer other matters of provincial enforcement to the Education Directorate, or may provide for the participation of the Education Directorate in their enforcement. Such matters shall be materially related to the matters referred to in paras 1 and 2. In matters of federal enforcement, federal laws under the second sentence may be promulgated only with the consent of the Länder. In such matters, the Directorate of Education is subordinate to the Federal Minister. Article 97 para 2 applies mutatis mutandis to provincial laws under the second sentence. In matters of provincial enforcement, the Directorate of Education is subordinate to the provincial government (or to an individual member thereof).
(5) Notwithstanding para 1 and 2, tasks in the field of enforcement of teachers' service law and staff representation law, in particular tasks in the fields of disciplinary law, performance assessment, equal treatment and protection of staff, may be transferred by law to other bodies. The maintenance of public compulsory schools may be transferred to municipalities or associations of municipalities.
(6) The Director of Education is at the head of the Directorate of Education. The competent federal minister appoints the director of education in agreement with the governor of the province on the latter's proposal. The appointment of the director of education is limited to five years. Reappointments are permitted. If no agreement is reached, the governor of the province may temporarily entrust a person with the function of education director. More detailed provisions will be made by federal law pursuant to para 10.
(7) In the performance of his duties, the Director of Education is bound by the instructions of the competent federal minister in matters of federal enforcement and by the instructions of the provincial government (or an individual member thereof) in matters of provincial enforcement. In overarching matters, the director of education is bound by the instructions of the competent federal minister in agreement with the provincial government (or an individual member thereof).
(8) Provisions may be made by provincial law for the governor of the province to preside over the Directorate of Education as president. In this case, the governor may by decree entrust the relevant member of the provincial government with the exercise of this function. If a provincial law provides for a president, para 7 applies to the president. In such a case, the Director of Education is bound by the instructions of the president. Instructions from the competent federal minister or the provincial government (or an individual member thereof) may also be addressed directly to the director of education. The president must immediately bring instructions to the Director of Education in matters of federal enforcement to the attention of the competent federal minister.
(9) The Federation and the Land must assign to the Directorate of Education the number of federal and Land employees, respectively, required to perform its duties. The Director of Education exercises official and technical supervision over all federal and provincial employees in the Directorate of Education.
(10) The detailed provisions on the establishment, organization and promulgation of regulations of the Directorate of Education, including the requirements for the personal and professional qualifications of the Director of Education and his appointment, will be made by federal law. This federal law may provide that the competent federal minister must reach agreement with the provincial government (or an individual member thereof) on individual matters. The federal government gives the Provinces the opportunity to participate in the preparation of such proposed legislation; the law may be promulgated only with the consent of the Provinces.
Article 114 (repealed)
Article 115 [Local Counties, Competence](1) In so far as in the following Articles the term municipality is used, the reference is to be taken as meaning local community.
(2) Save as competence on the part of the Federation is expressly stipulated, provincial legislation prescribes laws pertaining to municipalities in accordance with the principles of the Articles contained in this section. Competence for the settlement of matters which, pursuant to Arts. 118, 118a and 119 are to be performed by the municipalities including an eventual exclusion of appeal will be determined in accordance with the general provisions of this federal constitutional law.
(3) The Austrian Association of municipalities (Austrian Communal Federation) and the Austrian Association of Cities and Towns (Austrian Municipal Federation) are competent to represent the interests of the municipalities.
Article 116 [Self-Administration](1) Every province is divided into municipalities. The municipality is a territorial corporate body entitled to self-administration while being at the same time an administrative local district. Every piece of province must form part of a municipality.
(2) The municipality is an independent economic entity. It is entitled, within the limits of the general laws of the Federation and the provinces, to possess assets of all kinds, to acquire and to dispose of such at will, to operate economic enterprises as well as to manage its budget independently within the framework of the financial constitution and to levy taxation.
(3) A municipality with at least 20,000 inhabitants must at its own request, if provincial interests are not thereby jeopardized, be awarded its own charter by way of provincial legislation (town charter). A town with its own charter performs besides its municipal administrative duties also those of the district administration.
Article 116a [Municipal Association](1) For the performance of their matters municipalities can by agreement associate in municipality associations. Such an agreement requires the sanction of the supervisory authority. The sanction must be conferred by ordinance if a lawful agreement between the municipalities concerned is on hand and the formation of the municipal association
1. does not in the case of performance of matters appurtenant to the sovereign administration jeopardize the function of the municipalities concerned as self-administering corporate bodies,
2. in the case of performance of matters appurtenant to the municipalities as holders of private rights it lies for reasons of expediency, economic efficiency, and thrift in the interest of the municipalities concerned.
(2) In the interest of expediency the competent legislation (Arts. 10 to 15) can provide for the performance of matters in the sphere of competence of the municipality by the formation of municipal associations, but the function of the municipalities as self-administrative corporate bodies and administrative local districts may not thereby be jeopardized. The municipalities concerned must by way of an executive measure be given a hearing prior to the formation of municipal associations.
(3) The organs of the municipal associations which are to undertake matters pertaining to the municipality's own sphere of competence are to be formed according to democratic principles.
(4) The provincial legislature prescribes the organization of the municipal association and in this connection it provides for an association board, which must in any case consist of elected representatives from all member municipalities, and an association chairman. Rules must moreover be established, in the case of municipal associations formed by agreement, as regards admission to and withdrawal from the municipal association as well as its dissolution.
(5) Competence as to the regulation of matters to be undertaken by the municipal associations is governed by the general provisions of this federal constitutional law.
(6) The merger of municipalities of different provinces to municipal associations is permitted under the proviso of an agreement between the respective provinces pursuant to Art. 15a, in which in particular provisions on the approval of the formation of municipal associations and the implementation of supervision must be contained.
Article 116b [Agreements between Municipalities]Municipalities of a province may conclude agreements among each other on their respective sphere of competence, to the extent, provincial legislature so provides. Doing so, provincial legislature also has to provide provisions on the publication of such agreements as well as on the solution of disagreements. Art. 116a para 6 applies accordingly to the agreements of municipalities of different provinces.
Article 117 [Authorities, Elections](1) The authorities of the municipality includes in every instance:
a) the municipal council, being a general representative body to be elected by those entitled to vote in the municipality;
b) the municipal executive board (city council), or in towns with their own charter the city senate;
c) the mayor.
(2) The municipal council is elected on the basis of proportional representation by equal, direct, personal and secret suffrage by the male and female federal nationals who have their principal domicile in the municipality. The election regulations laws can however stipulate that also national who have a domicile, but not their principal domicile, in the municipality, are entitled to vote. In the electoral regulations the conditions for suffrage and electoral eligibility may not be more restrictive than in the electoral regulations for the Provincial Parliament; the provision can however be made that individuals who have not yet been a year resident in the municipality must not be entitled to vote or to stand for election to the municipal council if their residence in the municipality is manifestly temporary. Among the conditions to be laid down by the election regulation is the entitlement to suffrage and electoral eligibility also for nationals of other European member states. The electoral regulation can provide that the voters exercise their suffrage in self-contained constituencies. A division of the electorate into other electoral bodies is not admissible. Art. 26 para 6 applies mutatis mutandis. The electoral regulations can, in cases where no election proposals are brought forward, decree that individuals must be deemed elected whose names appear most frequently on the ballot papers.
(3) A simple majority by members present in sufficient numbers to form a quorum is requisite to a vote by the municipal council; for certain matters, though, other requirements for the adoption of resolutions can be provided.
(4) Meetings of the municipal council are public, but provision can be made for exceptions. The public may not be excluded when the municipal budget or the municipal final accounts are on the agenda.
(5) Electoral parties represented in the municipal council have a claim to representation on the municipal executive board in accordance with their strength.
(6) The mayor must be elected by the municipal council. Provincial constitution can however stipulate that the mayor must be elected by those with municipal council suffrage. In this case Art. 26 para 6 applies mutatis mutandis.
(7) The business of the municipalities will be performed by the local administrative office (city administrative office), that of towns with their own charter by the City administration. A servant with legal training of the city administration must be appointed to take charge as city administration's chief executive of the City administration's internal services.
(8) The provincial legislature can in matters pertaining to the municipality's own sphere of competence provide for the direct participation and assistance of those entitled to vote in the municipal council election.
Article 118 [Competencies](1) A municipality has its own sphere of competence and one assigned to it either by the Federation or the province.
(2) Its own sphere of competence comprises, apart from the matters mentioned in Art. 116 para 2, all matters exclusively or preponderantly the concern of the local community as personified by a municipality and suited to performance by the community within its local boundaries. Legislation specifies expressly matters of that kind as being such as fall within the municipality's own sphere of competence.
(3) A municipality is guaranteed official responsibility in its own sphere of competence for performance of the following matters in particular:
1. appointment of the municipal organs, notwithstanding the competence of election boards at a higher level; settlement of the internal arrangements for performance of the municipal functions;
2. appointment of the municipal staff and exercise of the service prerogative over them, notwithstanding the competence of disciplinary, eligibility, and exam commissions at a higher level;
3. local public security administration (Art. 15 para 2), local events control;
4. administration of municipal traffic areas, local traffic police;
5. crops protection police;
6. local market police;
7. local sanitary police, in particular in the field of emergency and first aid services as well as matters pertaining to deaths and interment;
8. public decency;
9. local building police; local fire control; local development planning;
10. extra-judicial settlement of disputes in matters of civil law affairs and criminal law affairs.
11. voluntary-sale of movables.
(4) The municipality performs the business for which it is competent within the framework of the laws and ordinances of the Federation and the province on its own responsibility free from instructions and under exclusion of legal redress to administrative authorities outside the municipality. In the matters of the own sphere of competence there is a two-stage channel of appeal; this can be excluded by law. In matters of the own sphere of competence the Federation and the province have a right of supervision over the municipality (Art. 119a).
(5) The mayor, the members of the municipal executive board (city council, city senate) and, if appointed, other executive officials are responsible to the municipal council for the performance of their functions relating to the municipality's own sphere of competence.
(6) The municipality is entitled in matters pertaining to its own sphere of competence to issue on its own initiative local police ordinances for the prevention of imminently to be expected or existent nuisances interfering with local communal life as well as to declare non-compliance with them an administrative contravention. Such ordinances may not violate existent laws and ordinances of the Federation and province.
(7) On application by a municipality the performance of certain matters in its own sphere of competence can, in accordance with Art. 119a para 3, be assigned by ordinance of the Land Government or by ordinance of the Governor to a state authority. In so far as such an ordinance is meant to assign competence to a federal authority, it requires the consent of the Federal Government. In so far as such an ordinance by the Governor is meant to assign competence to a provincial authority, it requires the consent of the Land Government. Such an ordinance must be rescinded as soon as the reason for its issue has ceased. Assignment does not extend to the right to issue ordinances in accordance with para 6 above.
(8) The establishment of a municipal constabulary or a change in its organization must be notified to the Federal Government.
Article 118a [Municipal Constabulary](1) Federal or provincial law may provide that with the consent of the municipality the members of a municipal constabulary may be empowered to perform executive services for the competent authority.
(2) With the consent of the municipality, the district administrative authority may empower members of a municipal constabulary to participate in the application of administrative penal law to the same extent as the other organs of the public security service. This mandate can be issued only to the extent to which the organs of the public security service have to supervise the compliance with the administrative regulations in the matter that constitutes the subject of the administrative penal proceedings or to the extent to which this matter falls into the municipality's sphere of competence.
Article 119 [Assignment](1) The assigned sphere of competence comprises those matters which the municipality in accordance with federal laws must undertake at the order and in accordance with the instructions of the Federation or in accordance with provincial laws at the order and in accordance with instructions of the province.
(2) The business of the assigned sphere of competence is performed by the mayor. In doing so, he is in matters pertaining to federal execution bound by instructions from the competent federal authorities, in matters pertaining to provincial execution by instructions from the competent provincial authorities; he is responsible in accordance with para 4.
(3) The mayor can - without detraction from his responsibility - on account of their factual connection with matters pertaining to the municipality's own sphere of competence transfer individual categories of matters pertaining to the assigned sphere of competence to members of the municipal executive board (city council, city senate), other organs created in accordance with Art. 117 para 1 or members of official bodies for performance in his name. In these matters the organs or members concerned are bound by the instructions of the mayor and responsible in accordance with para 4.
(4) In so far as intent or gross negligence can be laid to their charge, the authorities named in paras 2 and 3 above can on account of breach of law as well as on account of noncompliance with an ordinance or instruction be declared to have forfeited their office, by the Governor if they were acting in the field of federal execution, by the Land Government if they were acting in the field of provincial execution. Should such a person belong to the municipal council, the membership is not thereby affected.
Article 119a [Supervision](1) The Federation and the province exercise the right of supervision over a municipality to the purpose that it does not infringe laws and ordinances in dealing with its own sphere of competence, in particular does not overstep its sphere of competence, and fulfils the duties legally devolving upon it.
(2) The province has furthermore the right to examine the financial administration of a municipality with respect to its thrift, efficiency, and expediency. The result of the examination must be conveyed to the mayor for submission to the municipal council. The mayor informs within three months the supervisory authority of the measures taken by reason of the result of the check.
(3) In so far as a municipality's own sphere of competence comprises matters deriving from the sphere of federal execution, the right of supervision and its legislative regulation lie with the Federation, in other respects with the provinces; the right of supervision must be exercised by the authorities of the ordinary public administration.
(4) The supervisory authority is entitled to inform itself about every kind of municipal business. The municipality is bound to impart the information demanded in individual cases by the supervisory authority and to allow examination to be conducted on the spot.
(6) The municipality advices without delay the supervisory authority of ordinances issued in its own sphere of competence. The supervisory authority advise after a hearing of the municipality repeal ordinances which are contrary to law and simultaneously the municipality of the reasons.
(7) In so far as the competent legislature (para 3) contemplates the dissolution of the municipal council as a supervisory expedient, this measure rests with the Land Government in exercise of the province's right of supervision, with the Governor in exercise of the Federation's right of supervision. The admissibility of effecting a substitution must be confined to cases of absolute necessity. Supervisory expedients must be applied with greatest possible consideration for third parties' acquired rights.
(8) Individual measures to be taken by a municipality in its own sphere of competence but which to a special degree affect extra-local interests, in particular such as have a distinct financial bearing, can be tied by the competent legislature (para 3) to a sanction on the part of the supervisory authority. Only a state of affairs which unequivocally justifies the preference of extra-local interests may come into consideration as a reason for withholding the sanction.
(9) The municipality is party to supervisory authority proceedings and is entitled to lodge complaint with the Administrative Court (Art. 130 to 132). It is party of the proceedings before the Administrative Court and is entitled to file for final complaint at the Supreme Administrative Court (Art. 133) and complaint at the Constitutional Court (Art. 144).
(10) The provisions of this Article find corresponding application to supervision of municipal associations in so far as these perform matters pertaining to a municipality's own sphere of competence.
Article 120 [Local and Regional Counties]The combination of local communities into territorial communities, their establishment in line with the pattern of self-administration, and the determination of other principles for the organization of the ordinary public administration in the provinces is the business of federal constitutional legislation; its implementation devolves upon the provincial legislatures. Settlement of the competence in matters pertaining to the service code for and staff representation rights of the territorial community employees is the business of federal constitutional legislation.
Article 120a [Self-Administration](1) People may be united by law to self-administrating bodies to autonomously take care of public interests being in their exclusive or preponderant common interest and qualified to be handled jointly by them.
(2) The republic recognizes the role of the social partners. It respects their autonomy and supports the social partners´ dialogue by instituting self-administration bodies.
Article 120b [Competence](1) The self-administrating bodies are authorized to take care of their tasks in own responsibility without instructions and to render statutes within the framework of the laws. The Federation or the province has a right of supervision over them on the basis of the legal regulations with regard to the legality of the handling of the administration. Such right of supervision may also extend to the expedience of the handling of the administration, if such is required because of the tasks of the self-administrating body. By law ways of participation of the self-administering bodies in the public execution maybe provided.
(2) Upon the self-administrating bodies tasks of administration of the state may be conferred. The laws have to expressly indicate that such matters belong to the assigned executive responsibility and to provide a binding effect of the instructions by the supreme administrative organ.
(3) The laws may provide forms of participation of self-administering bodies in the execution of state affairs.
Article 120c [Establishment](1) The organs of the self-administering bodies are to be established according to democratic principles out of its members.
(2) Thrifty and economic performance of the tasks of the self-administrating bodies is to be safeguarded of the basis on the legal regulations by contributions of its members or other means.
(3) The self-administering bodies are independent business entities. Within the framework of the laws they may, in order to fulfil their tasks, acquire, possess and dispose of all kinds of assets.
Article 121 [Auditing Board](1) Competent to examine the administration of public funds by the Federation, the provinces, the municipal associations, the municipalities and other legal entities determined by law is the Court of Auditors.
(2) The Court of Auditors draws up the final federal budget accounts and submits them to the House of Representatives .
(3) All vouchers about financial debts of the Federation, in so far as they remit in liability on the part of the Federation, must be countersigned by the President of the Court of Auditors or, should he be impeded, by his deputy. The countersignature guarantees only the legality of the borrowing and the correct registration in the ledger of the national debt.
(4) Every second year the Court of Auditors will in the case of undertakings and agencies subject to its control and on which it has a duty to report to the House of Representatives ascertain by a request for information from these undertakings and agencies the average incomes, including all social service payments, contributions in kind, and additional retirement benefits, of members of the management board and the supervisory board as well as of all employees and report thereon to the House of Representatives . The average incomes of the foregoing categories of persons must in this connection be shown separately for each undertaking and each agency.
Article 122 [Responsibility, Independence, Establishment](1) The Court of Auditors is directly subordinate to the House of Representatives . It acts as agent for the House of Representatives in matters pertaining to federal administration of public funds and the financial administration of the statutory professional associations in so far as they come under the executive authority of the Federation, as agent for the Provincial Parliament concerned in matters pertaining to provinces, municipal associations, and municipal administration of public funds as well as the financial administration of the statutory professional associations in so far as they come under the executive authority of the provinces.
(2) The Court of Auditors is independent of the Federal Government and the Land Governments and subject only to the provisions of the law.
(3) The Court of Auditors consists of a President and the requisite officials and auxiliary personnel.
(4) The President of the Court of Auditors is elected on the proposal of the Main Committee of the House of Representatives for a term of office of twelve years; re-election is inadmissible. Before his assumption of office he renders an affirmation to the Federal President.
(5) The president of the Court of Auditors must be eligible to the House of Representatives and may neither belong to a general representative body nor to the European Parliament and may not have been member of the Federal Government or a Land Government in the last five years.
Article 123 [President of The Board](1) With regard to accountability the president of the Court of Auditors has the same status as members of the Federal Government or of members of the Land Government concerned, depending on whether the Court of Auditors acts as executive officer of the House of Representatives or a Provincial Parliament.
(2) He can be relieved of office by a vote of the House of Representatives .
Article 123a [Participation in Debates](1) The president of the Court of Auditors is entitled to participate in the debate by the House of Representatives and its committees (sub-committees) on reports by the Court of Auditors, on the final federal budget accounts, on motions concerning implementation of specific actions in the Court of Auditors' examination of the administration of public funds, and on the subdivisions relating to the Court of Auditors in the Federal Finance Act.
(2) The president of the Court of Auditors has, in accordance with the detailed provisions of the Federal Law on the Rules of Procedure of the House of Representatives , always the right on his demand to be heard in the debates on the subjects listed in para 1 above.
Article 124 [Temporary Discharge](1) Should the president of the Court of Auditors be prevented from the discharge of his responsibilities, the senior official of the Court of Auditors will act for him. This also holds well if the office of president is vacant. Who will act in the House of Representatives as deputy for the president of the Court of Auditors is settled by the Federal Law on the Rules of Procedure of the House of Representatives .
(2) If someone deputizes for the president, the provisions of Art. 123 para 1 apply to the deputy.
Article 125 [Appointment](1) The officials of the Court of Auditors are appointed by the Federal President upon the recommendation and with the countersignature of the president of the Court of Auditors; the same holds good for the conferment of the official titles. The Federal President may however authorize the president of the Court of Auditors to appoint officials of certain categories.
(2) The president of the Court of Auditors appoints the auxiliary personnel.
(3) The service prerogative of the Federation with regard to employees of the Court of Auditors is exercised by the president of the Court of Auditors.
Article 126 [Incompatibilities]No member of the Court of Auditors may be a participant in the management and administration of enterprises subject to control by the Court of Auditors. Just as little may a member of the Court of Auditors participate in the management and administration of other enterprises operating for profit.
Article 126a [Ruling About Competence]Should divergences of opinion arise between the Court of Auditors and a legal entity (Art. 121 para 1) on interpretation of the legal provisions which prescribe the competence of the Court of Auditors, the Constitutional Court decides the issue at the request of the Federal Government or a Land Government or the Court of Auditors. All legal entities must in accordance with the legal opinion of the Constitutional Court render possible a scrutiny by the Court of Auditors.
Article 126b [Scope of Examination](1) The Court of Auditors examines the entire management of the Federation and furthermore the financial administration of endowments, funds and institutions administered by federal authorities or persons (groups of persons) appointed for the purpose by authorities of the Federation.
(2) The Court of Auditors also examines the financial administration of enterprises where the Federation, either as the sole participant or together with other legal entities falling within the competence of the Court of Auditors, at any rate holds at least fifty per cent of the share, stock, or equity capital or where the Federation is either their sole or joint operator with other such legal entities. The Court of Auditors also examines the financial administration of enterprises of which the Federation, either as the sole participant or together with legal entities falling within the competence of the Court of Auditors, has de facto control by other financial, other economic or organizational measures. The competence of the Court of Auditors extends moreover to enterprises of any additional category where the conditions pursuant to this paragraph exist.
(3) The Court of Auditors is competent to examine the financial administration of corporations under public law using federal funds.
(4) The Court of Auditors carries out on a vote by the House of Representatives or on demand of members of the House of Representatives special measures of investigation into financial administration which falls into its sphere of competence. The more detailed regulation will be laid down by the Federal Law on the Rules of Procedure of the House of Representatives . The Court of Auditors carries out likewise such measures at the substantiated request of the Federal Government or a Federal Minister and report the result to the applicant authority.
(5) Examination by the Court of Auditors extends to arithmetical correctness, compliance with existing regulations, and the employment of thrift, efficiency and expediency.
Article 126c [Financial Examination]The Court of Auditors is competent to examine the financial administration of the social insurance institutions.
Article 126d [Annual Report](1) The Court of Auditors annually renders the House of Representatives not later than 31 December in any year a report on its activities. The Court of Auditors can moreover at any time report to the House of Representatives its observations on individual matters and, if necessary, make proposals. The Court of Auditors must simultaneously with its submission to the House of Representatives inform the Federal Government of every report. The Court of Auditors' reports must be published after submission to the House of Representatives .
(2) A standing committee must be appointed by the House of Representatives to discuss the reports of the Court of Auditors. Its appointment maintains the principle of proportional representation.
Article 127 [State Examination](1) The Court of Auditors examines the financial administration of the provinces in their autonomous sphere of competence as well as the financial administration of endowments, funds and institutions administered by the executive officers of a province or persons (groups of persons) appointed for the purpose by authorities of the province. The examination extends to arithmetical correctness, compliance with existing regulations, and the employment of thrift, efficiency and expedience in the financial administration; it must not however include the resolutions passed by the constitutionally competent representative bodies with respect to the financial administration.
(2) The Land Governments transmits annually to the Court of Auditors the budget estimates and the final budget accounts.
(3) The Court of Auditors also examines the financial administration of enterprises where the province is either the sole participant or holds at least fifty per cent of the share, stock, or equity capital together with other legal entities falling within the competence of the Court of Auditors or where the province is either their sole or joint operator with other such legal entities. As regards the powers of examination in case of de facto control Art. 126b para 2 holds good analogously. The competence of the Court of Auditors extends moreover to enterprises of any additional category where the conditions pursuant to this paragraph exist.
(4) The Court of Auditors is competent to examine the financial administration of corporations under public law using provincial funds.
(5) The result of its examination is communicated by the Court of Auditors to the province concerned. The latter comments upon this and within three months advice the Court of Auditors of the measures taken by reason of the examination's result.
(6) The Court of Auditors annually renders the Provincial Parliament, at the latest by 31 December in any year, a report on those of its activities relating to the province. The Court of Auditors can moreover at any time report to the Provincial Parliament its observations on individual matters. The Land Government and the Federal Government must be informed of every report by the Court of Auditors simultaneously with its submission to the Provincial Parliament. The Court of Auditors' reports must be published after submission to the Provincial Parliament.
(7) On a vote by the Provincial Parliament or on demand of Provincial Parliament members, their numbers regulated by provincial constitutional law but not permitted to exceed one third, the Court of Auditors carries out special measures of investigation which fall into its sphere of competence. As long as the Court of Auditors has by reason of such a motion not rendered the Provincial Parliament a report, no additional motion of such kind may be proposed. The Court of Auditors must likewise carry out such measures at the substantiated request of a Land Government and report the result to the applicant authority.
(8) The provisions of this Article also hold good for the examination into the financial administration of the city of Vienna, the municipal council taking the place of the Provincial Parliament and the city senate taking the place of the Land Government.
Article 127a [Country Examination](1) The Court of Auditors examines the financial administration of municipalities with at least 10.000 inhabitants as well as the financial administration of endowments, funds and institutions administered by the authorities of a municipality or persons (groups of persons) appointed for the purpose by the authorities of a municipality. The examination extends to the arithmetical correctness, compliance with existing regulations, and the employment of thrift, efficiency and expediency in the financial administration.
(2) The mayor transmits annually to the Court of Auditors and simultaneously to the Land Government the budget estimates and the final budget accounts.
(3) The Court of Auditors also examines the financial administration of enterprises where a municipality with at least 10.000 inhabitants is either the sole participant or holds at least fifty per cent of the share, stock, or equity capital together with other legal entities falling within the competence of the Court of Auditors or where the municipality is either their sole or joint operator with other such legal entities. As regards the powers of examination in case of de facto control Art. 126b para 2 holds good analogously. The competence of the Court of Auditors extends moreover to enterprises of any additional category where the conditions pursuant to this paragraph exist.
(4) The Court of Auditors is competent to examine the financial administration of corporations under public law using funds of a municipality with at least 10.000 inhabitants.
(5) The result of its examination is transmitted by the Court of Auditors to the mayor. The latter comments upon this and within three months advice the Court of Auditors of the measures taken by reason of the examination's result. The Court of Auditors advises the Land Government and the Federal Government of the result of its examination into the financial administration together with any possible comment by the mayor.
(6) The Court of Auditors annually renders the municipal council, at the latest by 31 December, a report on its activities in so far as they concern the municipality. The Land Government and the Federal Government must likewise be informed of every report by the Court of Auditors simultaneously with its submission to the municipal council. The reports must be published after submission to the municipal council.
(7) The Court of Auditors examines also at the substantiated request of the Land Government the financial administration of municipalities with less than 10.000 inhabitants. Paras 1 and 3 to 6 of this Article applies mutatis mutandis. Each year only two such requests may be filed. Such requests are only allowed regarding such municipalities which, compared to other municipalities, show a conspicuous development in debts or liabilities.
(8) The Court of Auditors has to examine the financial administration of certain municipalities with less than 10.000 inhabitants upon resolution of the Land Government. Paras 1 and 3 to 6 applies mutatis mutandis under the proviso, that the report of the Court of Auditors also is to be communicated to the Provincial Parliament. Each year only two such requests may be filed. Such requests are only allowed regarding such municipalities which, compared to other municipalities, show a conspicuous development in debts or liabilities.
(9) The provisions holding good for the examination of the financial administration of municipalities applies mutatis mutandis to the examination of the financial administration of municipal associations.
Article 127b [Examination](1) The Court of Auditors is entitled to examine the financial administration of the statutory professional associations.
(2) The statutory professional associations transmits annually to the Court of Auditors the budget estimates and the final budget accounts.
(3) The examination by the Court of Auditors extends to arithmetical correctness, compliance with existing regulations, and the employment of thrift and efficiency in the financial administration; this examination does not however include resolutions by the competent authorities of the statutory professional associations governing the financial administration on behalf of tasks relating to representation of their members' interests.
(4) The Court of Auditors notifies the Chairman of the constituent authority (representative body) of the statutory professional association of the result of the examination together with any possible opinion thereon to the constituent authority (representative body) of the statutory professional association. The Court of Auditors informs at the same time likewise the authority competent at the highest level for supervision of the statutory professional association as regards the result of its examination. The reports of the Court of Auditors must be published after submission to the constituent authority (representative body).
Article 127c [Legal Provisions]In case a land has established a Court of Auditors of the province, the constitutional law of the province may provide the following provisions:
1. a provision corresponding to Art. 126a first phrase under the proviso, that Art. 126a second phrase also applies in this case;
2. provisions corresponding to Art. 127a para 1 to 6 concerning municipalities with less than 10.000 inhabitants;
3. provisions corresponding to Art. 127a para 7 and 8 concerning municipalities with at least 10.000 inhabitants
Article 128 [Auditing Law]The more detailed provisions about the establishment and activity of the Court of Auditors will be laid down by federal law.
Article 129 [Jurisdiction]In all provinces are Administrative Courts of the province. For the Federation there is an Administrative Court of the Federation, to be named Federal Court of Administration and an Administrative Court of the Federation for finance to be named Federal Financial Court.
Article 130 [Cases of Illegality](1) The Administrative Courts pronounce judgement on complaints
1. against rulings by administrative authorities for unlawful;
2. against the exercise of direct administrative power and compulsion for unlawful;
3. on the ground of breach of the duty to reach a decision by an administrative authority;
(1a) The Administrative Court of the Federation pronounces judgement on the use of coercive measures in relation to witnesses of a committee of inquiry of the House of Representatives in accordance with the Federal Law on the Rules of Procedure of the House of Representatives .
(2) Federal or provincial legislation may provide other competences of the Administrative Courts for decision on
1. complaints for unlawful of the conduct of an administrative authority in executing the law or
2. complaints for unlawful of conduct of a contract placing authority in matters of public contracts or
3. disputes in civil service law matters of civil servants, or
4. complaints, disputes or motions in other matters.
In the matters of the execution of the Federation, not directly handled by federal authorities, as well as in the matters of Art. 11, 12, 14 para 2 and 3 and 14a para 3 and 4 federal laws pursuant to subpara 1 and 4 may only be published with the consent of the provinces.
(2a) The Administrative Courts pronounce judgement on complaints from persons who claim that their rights under Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) - GDPR, OJ No. L 119, 4. 5. 2016 p. 1, have been infringed by the respective administrative court in the exercise of its judicial powers.
(3) Except in administrative penal proceedings and in legal matters pertaining to the competence of the Administrative Court of the Federation for finance unlawful does not exist to the extent the law permits the administrative authority to apply discretion and the authority has done so in the sense of the law.
(4) The Administrative Court is to decide in the matter itself on complaints pursuant to para 1 subpara 1 in administrative penal matters. The Administrative Court is to decide on complaints pursuant to para 1 subpara 1 in other legal matters upon the merits itself if
1. the relevant facts have been established or
2. the establishment of the relevant facts by the Administrative Court itself is in the interest of a speedy procedure or connected with substantial cost saving.
(5) Save as provided otherwise by this law, legal matters pertaining to the competence of courts of justice or of the Constitutional Court are excluded from the competence of the Administrative Court.
Article 131 [Standing](1) To the extent paras 2 and 3 do not provide otherwise, the Administrative Courts of the provinces pronounce judgement on complaints according to Art. 130 para 1.
(2) To the extent para 3 does not provide otherwise, the Administrative Court of the Federation pronounces judgement on complaints pursuant to Art. 130 para 1 in legal matters, in matters of the execution of the Federation, directly executed by federal authorities. To the extent a law provides the competence of Administrative Courts pursuant to Art. 130 para 2 subpara 2, the Administrative Court of the Federation pronounces judgement on complaints in legal matters and matters of public contract placing, which pertain to execution by the Federation pursuant to Art. 14b para 2 subpara 1. To the extent a law provides the competence of Administrative Courts pursuant Art. 130 para 2 subpara 3, the Administrative Court of the Federation pronounces judgement on disputes in civil service law matters of civil servants
(3) The Administrative Court of the Federation for Finance pronounces judgement pursuant to Art. 130 para 1 subpara 1 to 3 in legal matters, in matters of public duties (with the exception of administrative fees of the Federation, the provinces and municipalities) and of Financial Penal Law as well as in other matters determined by law, to the extent the matters named are directly handled by the revenue or financial penal authorities of the Federation.
(4) By federal law may be provided
1. a competence of the Administrative Courts of the provinces: in legal matters, in matters pursuant to para 2 und 3;
2. a competence of the Administrative Courts of the Federation:
a) in legal matters in matters of environmental compatibility examinations for projects, where material effects on the environment are to be anticipated (Art. 10 para 1 subpara 9 and Art. 11 para 1 subpara 7);
b) in legal matters in matters of Art. 14 para 1 and 5;
c) in other legal matters in matters of the execution by the Federation, not directly handled by federal authorities, as well as in the matters of Art. 11, 12, 14 para 2 and 3 and 14a para 3.
Federal laws pursuant to para 1 and para 2 subpara c may only be published with the consent of the provinces.
(5) Provincial law may provide a competence of the Administrative Courts of the Federation in legal matters, in matters of the autonomous sphere of competence of the provinces. Art. 97 para 2 applies accordingly.
(6) The Administrative Courts competent pursuant to para 1 to 4 of this Article pronounce judgement in matters on complaints in legal matters, in which a law provides the competence of an Administrative Court according to Art. 130 para 1 subpara 1 and 4. To the extent no competence is given according to the first phrase, the Administrative Courts of the provinces pronounce judgement on such complaints.
Article 132 [Complaint about Non-activity](1) Complaint against the ruling of an administrative authority for illegality may be raised by:
1. someone who alleges infringement of his rights;
2. the competent Federal Minister in legal matters in matters of Art. 11, 12, 14 para 2 and 3 and 14a para 3 and 4.
(2) Against the exercise of direct administrative power or compulsion complaint may be raised by someone who alleges infringement of his rights because of them.
(3) For breach of the duty to reach a decision appeal may be raised by someone who alleges as party in an administrative procedure to be entitled to get a decision.
(4) Federal and provincial laws provide who can raise complaint for illegality in other cases than those named in para 1 and 2 and in those cases, in which the law provides the competence of Administrative Courts pursuant to Art. 130 para 2.
(5) In the matters of the own sphere of competence of the municipality, complaint may be raised before the Administrative Court only after all appeals have been exhausted.
Article 133 [Excluded Matters](1) The Supreme Administrative Court pronounces ruling on:
1. final complaints against the decision of an Administrative Court for illegality;
2. motions to set a deadline for violation of the breach of the duty to reach a decision by an Administrative Court;
3. conflicts of competence between Administrative Courts or between an Administrative Court and the Supreme Administrative Court.
(2) Federal or provincial law may provide other competences of the Supreme Administrative Court to decide on requests by a court of justice to establish the unlawful of an ordinance or the ruling of an Administrative Court.(2a) The Administrative Courts pronounce judgement on complaints from persons who claim that their rights under GDPR have been infringed by the respective administrative court in the exercise of its judicial powers. (3) Unlawful does not exist to the extent the Administrative Court has applied discretion in the sense of the law.
(4) Final complaint against the ruling of an Administrative Court is admissible, if the solution depends from a legal question of essential importance, in particular because the ruling departs from the case-law of the Supreme Administrative Court, such case-law does not exist or the legal question to be solved has not been answered in uniform manner by the previous case-law of the Supreme Administrative Court. If the ruling only is on a small fine, federal law may provide that the revision is inadmissible.
(5) Excluded from the competence of the Supreme Administrative Court are legal matters pertaining to the competence of the Constitutional Court.
(6) Final complaint against a ruling of an Administrative Court for illegality may raise:
1. who alleges to have been infringed in his rights by the ruling;
2. the authority involved in the proceedings before the Administrative Court;
3. the competent Federal Minister in the legal matters named in Art. 132 para 1 subpara 2;
(7) For violation of the onus to decide someone may request a deadline who alleges to be entitled as party in the proceedings before the Administrative Court to claim the onus to decide.
(8) Federal or provincial laws provide who can raise revision for unlawful in other cases then those named in para 6.
(9) The provisions of this Article applicable to their rulings applies mutatis mutandis to the resolutions of the Administrative Court. The specific federal law determining the organization and the procedure of the Supreme Administrative Court provides to which extent revision may be raised against resolutions of the Administrative Courts.
Article 134 [Establishment](1) The Administrative Courts and the Supreme Administrative Court each consist of one President, one Vice-President and the requisite number of other members.
(2) The President, the Vice-President and the other members of the Administrative Court of a province are appointed by the Land Government; to the extent it does not concern the position of the President or the Vice-President, it has to call for proposals of three candidates of the plenary assembly of the Administrative Court or of a committee to be elected among its members, consisting of the President, the Vice-President and the minimum of five other members of the Administrative Court of the province, listing three candidates. The members of the Administrative Courts of the provinces must have completed legal studies or legal- and political science studies and have had at least 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 Federal President on the proposal of the Federal Government; to the extent it does not concern the position of the President or the Vice-President, it has to call for proposals of the plenary assembly of the of the Administrative Court of the Federation or of a committee to be elected among its members, consisting of the President, the Vice-President and the minimum of five other members of the Administrative Court of the Federation, listing three candidates. The members of the Administrative Court of the Federation must have completed legal studies or legal- and political science studies and have had at least five years of legal professional experience, the members of the Administrative Court of the Federation for finance must have completed an appropriate study and have had at least five years of legal professional experience..
(4) The President, the Vice-President and the other members of the Supreme Administrative Court are appointed by the Federal President on the proposal of the Federal Government; to the extent it does not concern the position of the President or of the Vice-President it renders its proposals on the basis of the plenary assembly of the Supreme Administrative Court or of a committee to be elected among its members, consisting of the President, the Vice-President and at least five other members of the Supreme Administrative Court, listing three candidates. The members of the Supreme Administrative Court must have completed legal studies or legal- and political science studies and have had at least ten years of legal professional experience. At least twenty-five percent should come from professional positions in the provinces, preferably the administrative service of the provinces.
(5) The following cannot belong to the Administrative Courts and the Supreme Administrative Court: members of the Federal Government, of a Land Government, of the House of Representatives , of the Senate, of a Provincial Parliament or of the European Parliament; moreover, members of another general representative body cannot belong to the Supreme Administrative Court; for members of a general representative body or of the European Parliament who have been elected for a fixed term of legislation or office such incompatibility continues until expiry of that term of legislation or office.
(6) Who has exercised one of the functions specified in para 5 in the last five years cannot be appointed President or Vice-President of an Administrative Court or of the Supreme Administrative Court.
(7) The members of the Administrative Courts and of the Supreme Administrative Court are judges. Art. 87 para 1 and 2 and Art. 88 para 1 and 2 applies mutatis mutandis with the proviso, that the age-limit at which the members of the Administrative Courts of the provinces retire for good or their service status ends, is determined by provincial law.
(8) The service prerogative with regard to the employees of the Supreme Administrative Court is exercised by its president.
Article 135 [Tribunals](1) The Administrative Courts pronounce judgement by single judges. The law on the procedures by the Administrative Courts or federal or provincial law may provide, that the Administrative Courts pronounces judgement through chambers. The size of the chambers is determined by the law on the organization of the Administrative Court. The chambers are to be constituted by the plenary assembly or by a committee to be elected among its members, consisting of the President, the Vice-President and a number of other members of the Administrative Court, to be determined by law, among the members of the Administrative Court, and, to the extent federal or provincial law provides the participation of expert lay-judges in the judiciary among a number, to be determined by the law, of expert lay-judges. To the extent a federal law provides that an Administrative Court of the province pronounces judgement in chambers or that expert lay-judges participate in the judiciary, the consent of the respective provinces must be obtained. The Supreme Administrative Court pronounces judgement by chambers to be constituted by the plenary assembly or a committee to be elected among its members, consisting of the President, the Vice-President and a number of other members of the Supreme Administrative Court, to be determined by law, among the members of the Supreme Administrative Court.
(2) The business to be done by the Administrative Court must be allocated to single judges and the chambers for the period provided by law in advance by the plenary assembly or a committee to be elected among its members, consisting of the President, the Vice-President and a number of other members of the Administrative Court to be determined by law. The business to be done by the Supreme Administrative Court must be allocated to the chambers for the period provided by law in advance by the plenary assembly or a committee to be elected among its members, consisting of the President, the Vice-President and a number of other members of the Supreme Administrative Court to be determined by law.
(3) A matter devolving upon a member may only be removed from him by the organ competent pursuant to para 2 and only in case of his being prevented or if he is impeded to handle it within due time because of the extent of his tasks.
(4) Art. 89 applies mutatis mutandis to the Administrative Courts and the Supreme Administrative Court.
Article 135a [Assignment of specially trained persons](1) The law on the organization of the Administrative Court may provide that certain kinds of businesses, which has to be exactly specified, can be assigned to specially trained persons who are not judges.
(2) The member of the Administrative Court competent in accordance with the allocation of business can however at any time reserve to himself or take over discharge of such business.
(3) The employees who are not judges are in the performance of business only bound by instructions from the member of the Administrative Court competent in accordance with the allocation of business. Art. 20 para 1 third sentence applies.
Article 136 [Standing Orders](1) The organization of the Administrative Courts of the provinces is determined by provincial law, the organization of the Administrative Courts of the Federation by federal law.
(2) The procedure of the Administrative Courts, with the exception of the Administrative Court of the Federation for Finance must be governed by a separate federal law. The Federation has to grant the provinces opportunity to participate in the preparation of such bill. The federal- or provincial law may provide provisions on the procedure of the Administrative Courts, to the extent necessary to organize the matter or the separate federal law mentioned in the first phrase gives authorisation to do so.
(3) The procedure of the Administrative Court of the Federation for Finance will be governed by federal law. Federal law may also determine the revenue procedure before the Administrative Courts of the provinces.
(3a)The Federal Law on the Rules of Procedure of the House of Representatives can lay down special provisions on proceedings of the Administrative Court of the Federation pursuant to Art. 130 para 1a.
(3b) In the cases referred to in Article 130 para 2 subpara 4 special provisions may be made for the proceedings of the administrative courts by federal or provincial law.
(4) The organization and the procedure of the Supreme Administrative Court are governed by a separate federal law.
(5) The plenary assemblies of the Administrative Courts and of the Supreme Administrative Court adopt rules of procedure on the basis of the laws enacted according to the paras above.
Article 137 [Pecuniary Claims]The Constitutional Court pronounces on pecuniary claims against the Federation, the provinces, the municipalities and municipal associations which cannot be settled by ordinary legal process nor be liquidated by the ruling of an administrative authority.
Article 138 [Conflicts of Competence](1) The Constitutional Court pronounces on conflicts of competence
1. between courts and administrative authorities;
2. between Courts of Justice and Administrative Courts or between the Supreme Administrative Court as well as between the Constitutional Court itself and all other courts;
3. between the Federation and a province or between the provinces amongst themselves.
(2) The Constitutional Court furthermore determines, at the request of the Federal Government or a Land Government, whether an act of legislation or execution falls into the competence of the Federation or the provinces.
Article 138a [Competence Agreements](1) At the request of the Federal Government or a Land Government concerned the Constitutional Court establishes whether an agreement within the meaning of Art. 15a para 1 exists and whether the obligations arising from such an agreement, save in so far as it is a matter of pecuniary claims, have been fulfilled.
(2) If it is stipulated in an agreement within the meaning of Art. 15a para 2, the Constitutional Court also establishes on application by a Land Government concerned whether such an agreement exists and whether the obligations arising from such an agreement, save in so far as it is a matter of pecuniary claims, have been fulfilled.
Article 138b [Scope of application](1) The Constitutional Court pronounces judgement on:
1. a challenge to orders of the Rules of Procedure Committee of the House of Representatives by which a demand of one quarter of the members of the House of Representatives for the establishment of a committee of inquiry is declared to be inadmissible in whole or in part, by one quarter of its members supporting this demand, for being contrary to the law;
2. the sufficient scope of the basic order to hear evidence of the Rules of Procedure Committee of the House of Representatives at the request of one quarter of its members pursuant to subpara 1;
3. the conformity with the law of an order of a committee of inquiry of the House of Representatives by which the existence of an objective connection between a demand of one quarter of its members concerning the taking of further evidence and the subject matter of the investigation is disputed, at the request of the quarter of its members supporting this demand;
4. differences of opinion between a committee of inquiry of the House of Representatives , one quarter of its members and executive officers or bodies subject to the obligation to provide information about the obligation to provide information to the committee of inquiry, at the request of the committee of inquiry, one quarter of its members or the executive officer or body subject to the obligation to provide information;
5. the conformity with the law of an order of a committee of inquiry of the House of Representatives by which the existence of an objective connection between a demand of one quarter of its members concerning the summoning of a witness and the subject matter of the investigation is disputed, at the request of the quarter of its members supporting this demand;
6. differences of opinion between a committee of inquiry of the House of Representatives and the Federal Minister of Justice about the requirement for and the interpretation of an agreement on having regard to the activities of the law enforcement authorities, at the request of the committee of inquiry or the Federal Minister of Justice;
7. complaints of a person who claims that due to the conduct
a) of a committee of inquiry of the House of Representatives ,
b) of a member of such a committee in exercising his functions as a member of the House of Representatives , or
c) of persons to be specified by the law in exercising their function in proceedings before the committee of inquiry, his personality rights have been infringed.
(2) Furthermore, the Constitutional Court pronounces judgement on challenges to decisions of the President of the House of Representatives and the President of the Senate concerning the classification of information available to the House of Representatives or the Senate, by the executive body or officer subject to the obligation to provide information, for being contrary to the law.
Article 139 [Ordinances]The Constitutional Court pronounces judgment on whether or not ordinances are contrary to law
1. on application by a court
2. ex officio in so far as the court will have to apply the ordinance in a suit pending before him
3. on application by a person who alleges to have infringement in her rights directly by the contrary to law, if the ordinance has become effective without a judicial decision having been rendered or a ruling having been rendered has become effective for this person;
4. on application by a person who, as a party in a legal matter that has been decided by a court of justice of first instance, alleges infringement of his rights because of the application of an ordinance that is contrary to law, on the occasion of an appeal filed against that decision;
5. in the case of ordinances of a Federal authority also upon application by a Land Government or the Ombudsman;
6. in the case of ordinances of an authority of a province also at the request of the Federal Government or, to the extent the constitutional law of a province has declared competent the Ombudsman also for the sphere of competence of the administration of the respective province, the Ombudsman or an institution pursuant to Art. 148i para 2.
7. in the case of ordinances of a supervisory authority according to Art. 119a para 6 also on application of the municipality whose ordinance has been rescinded.
Art. 89 para 3 applies mutatis mutandis to applications pursuant to subparas 3 and 4.
(1a) If it is required to safeguard the purpose of the proceedings before the court of justice, filing an application pursuant to para 1 subpara 4 can be declared inadmissible by a federal law. A federal law has to specify the effects of an application pursuant to para 1 subpara 4.
(1b) The Constitutional Court can refuse, by order, to deal with an application pursuant to para 1 subpara 3 or 4 until the time of the hearing if the application does not have sufficient prospects of success.
(2) If the litigant in a suit lodged with the Constitutional Court, entailing application of an ordinance by the Constitutional Court, receives satisfaction, the proceedings initiated to examine the ordinance's legality continues nevertheless.
(3) The Constitutional Court may rescind an ordinance as contrary to law only to the extent that its rescission was expressly requested or he would have had to apply it in the pending suit. If the Constitutional Court reaches the conclusion that the whole ordinance
1. has no foundation in law,
2. was issued by an authority without competence in the matter, or
3. was published in a manner contrary to law, it rescinds the whole ordinance as illegal. This does not hold well if rescission of the whole ordinance manifestly runs contrary to the legitimate interests of the litigant who has filed an application pursuant to the para 1 subpara 3 or 4 above or whose suit has been the occasion for the ex officio initiation of examination proceedings into the ordinance.
(4) If the ordinance has at the time of the Constitutional Court's delivery of its ruling has already ceased to be in force and the proceedings were initiated ex officio or the application was filed by a court or an applicant alleging infringement of his personal rights through the ordinance's contrary to law the Constitutional Court must pronounce whether the ordinance contravened the law. Para 3 above applies analogously.
(5) The ruling of the Constitutional Court which rescinds an ordinance as contrary to law imposes on the highest competent federal or provincial authority in the obligation to publish the rescission without delay. This applies analogously in the case of a pronouncement pursuant to para 4 above. The rescission enters into force upon expiry of the day of publication if the Constitutional Court does not set a deadline, which may not exceed six months or if legal dispositions are necessary 18 months, for the rescission.
(6) If an ordinance has been rescinded on the score of illegality or if the Constitutional Court has pursuant to para 4 above pronounced an ordinance to be contrary to law, all courts and administrative authorities are bound by the Constitutional Court's decision, the ordinance continues however to apply to the circumstances effected before the rescission, the case in point excepted, unless the Constitutional Court in its rescissory judgment decides otherwise. If the Constitutional Court has in its rescissory judgment set a deadline pursuant to para 5 above, the ordinance applies to all the circumstances effected, the case in point excepted, until expiry of this deadline.
(7) For legal matters that gave reason to file an application pursuant to para 1 subpara 4, a federal law has to specify that the decision by the Constitutional Court with which the ordinance is rescinded as contrary to law allows for a new decision to be made in that matter. The same applies accordingly in the case of a pronouncement pursuant to para 4.
Article 139a [Legal Norms]The Constitutional Court pronounces on the illegality of proclamation of the republication of a law (state treaty). Art. 139 applies mutatis mutandis.
Article 140 [Laws](1) The Constitutional Court pronounces judgment on the unconstitutionality
1. of laws
a) on application by a court;
b) ex officio in so far as he will have to apply such a law in a suit pending before him;
c) on application by a person who alleges to have infringement of his rights directly by unconstitutionality, if the ordinance has become effective without a judicial decision having been rendered or a ruling having been rendered has become effective for this person;
d) on application by a person who, as a party in a legal matter that has been decided by a court of justice of first instance, alleges infringement of his rights because of the application of an unconstitutional law, on the occasion of an appeal filed against that decision;
2. of federal laws also on application by a Land Government, a third of the members of the House of Representatives or a third of the members of the Senate.
3. of provincial legislation also at the request of the Federal Government or, if the constitutional law of a province so provides, at the request of a third of the members of the Provincial Parliament.
Art. 89 para 3 applies mutatis mutandis to applications pursuant to subpara 1 (c) and (d).
(1a) If it is required to safeguard the purpose of the proceedings before the court of justice, filing an application pursuant to para 1 subpara 1 (d) can be declared inadmissible by a federal law. A federal law has to specify the effects of an application pursuant to para 1 subpara 1 (d).
(1b) The Constitutional Court can refuse, by order, to deal with an application pursuant to para 1 subpara 1 (c) or (d) until the time of the hearing if the application does not have sufficient prospects of success.
(2) If the litigant in a suit lodged with the Constitutional Court, entailing application of a law by the Court, receives satisfaction, the proceedings initiated to examine the law's constitutionality continues nevertheless.
(3) The Constitutional Court may rescind a law as unconstitutional only to the extent that its rescission was expressly requested or the Constitutional Court would have to apply the law in the suit pending with it. If however the Constitutional Court concludes that the whole law was enacted by a legislative body unqualified in accordance with the allocation of competence or published in an unconstitutional manner, it rescinds the whole law as unconstitutional. This does not apply if rescission of the whole law manifestly runs contrary to the legitimate interests of the litigant who has filed an application pursuant to para 1 subpara 1 (c) or (d) above or whose suit has been the occasion for the ex officio initiation of examination proceedings into the law.
(4) If the law has at the time of the Constitutional Court's delivery of its judgment has already ceased to be in force and the proceedings were initiated ex officio or the application filed by a court or an applicant alleging infringement of his rights through the law's unconstitutionality, the Constitutional Court must pronounce whether the law was unconstitutional. Para 3 above applies analogously.
(5) The judgment by the Constitutional Court which rescinds a law as unconstitutional imposes on the Federal Chancellor or the competent Governor the obligation to publish the rescission without delay. This applies analogously in the case of a pronouncement pursuant to para 4 above. The rescission enters into force upon expiry of the day of publication if the Constitutional Court does not set a deadline for the rescission. This deadline may not exceed eighteen months.
(6) If a law is rescinded as unconstitutional by a judgment of the Constitutional Court, the legal provisions rescinded by the law which the Constitutional Court has pronounced unconstitutional become effective again unless the judgment pronounces otherwise, on the day of entry into force of the rescission. The publication on the rescission of the law announces whether and which legal provisions again enter into force.
(7) If a law has been rescinded on the score of unconstitutionality or if the Constitutional Court has pursuant to para 4 above pronounced a law to be unconstitutional, all courts and administrative authorities are bound by the Constitutional Court's decision. The law continues however to apply to the circumstances effected before the rescission the case in point excepted, unless the Constitutional Court in its rescissory judgment decides otherwise. If the Constitutional Court has in its rescissory judgment set a deadline pursuant to para 5 above, the law applies to all the circumstances effected, the case in point excepted until expiry of this deadline.
(8) For legal matters that gave reason to file an application pursuant to para 1 subpara 1 (d), a federal law has to specify that the decision by the Constitutional Court with which the law is rescinded as unconstitutional allows for a new decision to be made in that matter. The same applies accordingly in the case of a pronouncement pursuant to para 4.
Article 140a [Treaties]The Constitutional Court pronounces whether state treaties are contrary to law. Art. 140 applies to political, to law-modifying and to law-amending state treaties and to state treaties modifying the Treaty basis of the European Union, Art. 139 to all other state treaties with the following proviso,
1. A state treaty of which the Constitutional Court establishes, that it is contrary to law or unconstitutional must not be applied any more by the authorities competent for its execution from the expiry of the day of the judgments publication unless the Constitutional Court determines a deadline prior to which the treaty continues to be applied; such deadline must not exceed two years for the political, law-modifying and law-amending treaties and the treaties modifying the contractual bases of the European Union and one year in the case of all other treaties.
2. In addition, a provision, that the treaty is to be implemented by issuing ordinances or a resolution, that the treaty is to be implemented by the issuance of laws, cease to be in force upon expiration of the day of the judgment's publication.
Article 141 [Elections](1) The Constitutional Court pronounces upon
a) challenges to the election of the Federal President and elections to the general representative bodies, the European Parliament and the constituent authorities (representative bodies) of the statutory professional associations;
b) challenges to elections to a Land Government and to municipal authorities entrusted with executive power;
c) application by a general representative body for the loss of seat by one of its members or - if provided for in the legislation regulating the procedure of the respective representative body - at the request of the chairperson or one third of the members of the representative body; application by at least the half of the members of the European Parliament having been elected in Austria for a loss of seat by such a member of the European Parliament;d) at the request of the Federal Assembly for the loss of office of the Federal President
e) at the request of the House of Representatives , for the loss of office of a member of the Federal Government, a State Secretary, the President of the court of audit, or a member of the Ombudsman Board;f) at the request of a state parliament for the loss of office of a member of the state government
g) application by a municipal council for loss of seat of a member of the organ of the municipality, in charge of execution, and by a constituent organ (representative body) of a statutory professional association for loss of seat by one of the members of such organ;
h) on the challenge of the result of referenda, plebiscites, public opinion polls and European Citizens' Initiatives;
i) on the registration of persons in electoral registers and deletion of persons from electoral registers;
j) on the challenge of individually appealable rulings and decisions of administrative authorities and - if provided for in federal or provincial legislation - of the Administrative Courts in the cases of subparas a to c and g to i.
The challenge pursuant to subpara a, b, h, i and j can be based on the alleged illegality of the procedure, the application pursuant to subpara c and g on a reason provided by law for the loss of membership in a general representative body, in the European Parliament, in a municipal authority entrusted with executive power, or in a constituent authority (representative body) of a statutory professional association, the request pursuant subpara d, e and f on a reason for loss of office provided by law. The Constitutional Court allows challenge if the alleged illegality has been proven and was of influence on the result of the procedure. In proceedings before the administrative authority the general representative body and the statutory organ (representative body) of the statutory professional association has litigant status.(2) If a challenge pursuant to para 1 subpara a above is allowed and it thereby becomes necessary to hold the election to a general representative body, to the European Parliament or to a constituent authority of the statutory professional associations in whole or in part again, the representative body's members concerned lose their seat at the time when it is assumed by those elected at the ballot which has to be held within a hundred days after delivery of the Constitutional Court's decision.
Article 142 [Liability of Officers](1) The Constitutional Court pronounces on suits which predicate the constitutional responsibility of the supreme federal and provincial functionaries for legal contraventions culpably ensuing from their official activity.
(2) Suit can be brought:
a) against the Federal President, for contravention of the Federal Constitution: by a vote of the Federal Assembly;
b) against members of the Federal Government, the authorities placed with regard to responsibility on an equal footing with them, for contravention of the law: by a vote of the House of Representatives ;
c) against an Austrian representative in the Council for contravention of law in matters where legislation would pertain to the Federation: by a vote of the House of Representatives for contravention of law in matters where legislation would pertain to the provinces: by identically worded votes of all the Provincial Parliament;
d) against members of a Land Government and the authorities placed by the present law or the provincial constitution with regard to responsibility on an equal footing with them, for contravention of the law: by a vote of the competent Provincial Parliament;
e) against a Governor, his deputy (Art. 105 para 1) or a member of the Land Government (Art. 103 paras 2 and 3) for contravention of the law as well as for non-compliance with ordinances or other directives (instructions) of the Federation in matters pertaining to the indirect federal administration, in the case of a member of the Land Government also with regard to instructions from the Governor in these matters: by a vote of the Federal Government;
f) against the authorities of the federal capital Vienna, in so far as within its autonomous sphere of competence they perform functions from the domain of the federal executive power, for contravention of the law: by a vote of the Federal Government;
g) against a Governor for non-compliance with an instruction pursuant to Art. 14 para 8: by a vote of the Federal Government;
h) against a president of the Directorate of Education or the member of the Land government entrusted with the exercise of this function for contravention of the law as well as for noncompliance with ordinances or other directives (instructions) of the Federation: by a vote of the Federal Government; for noncompliance with other orders (instructions) of the province: by resolution of the competent provincial parliament;
i) against members of a Land Government for contravention of the law and for impediment of the powers pursuant to Art. 11 para 9, in so far as matters of Art. 11 para 1 subpara 8 are concerned: by a vote of the House of Representatives or of the Federal Government.
(3) If pursuant to para 2 subpara e above the Federal Government brings a suit only against a Governor or his deputy and it is shown that another member of the Land Government in accordance with Art. 103 para 2 concerned with matters pertaining to the indirect federal administration is guilty of an offence within the meaning of para 2 subpara e above, the Federal Government can at any time pending the passing of judgment widen its suit to include this member of the Land Government.
(4) The condemnation by the Constitutional Court pronounces forfeiture of office and, under particularly aggravating circumstances, also a temporary forfeiture of political rights. In the case of minor legal contraventions in the instances mentioned in para 2 subparas c, e, g and h the Constitutional Court can confine itself to the statement that the law has been contravened. From forfeiture of the office of president of the Directorate of Education ensures forfeiture of the office with which pursuant to Art. 113 para 8 it is linked.
(5) The Federal President can avail himself of the right vested in him in accordance with Art. 65 para 2 subpara c only on the request of the representative body or the representative bodies which voted for the filing of the suit, but if the Federal Government has voted for the filing of the suit only at its request, and in all cases only with the consent of the defendant.
Article 143 [Criminal Liability of Officers]A suit can be brought against the persons mentioned in Art. 142 also on the score of actions involving penal proceedings connected with the activity in office of the individual to be arraigned. In this case competence lies exclusively with the Constitutional Court; any investigation already pending in the ordinary criminal courts devolves upon it. The Constitutional Court can in such cases, in addition to Art. 142 para 4, apply the provisions of the criminal law.
Article 144 [Administrative Jurisdiction](1) The Constitutional Court pronounces on rulings by an Administrative Court in so far as the appellant alleges an infringement by the ruling of a constitutionally guaranteed right or on the score of an illegal ordinance, an illegal pronouncement on the republication of a law (treaty), an unconstitutional law, or an unlawful treaty.
(2) The Constitutional Court can refuse, by order, to deal with a complaint until the hearing if the complaint by does not sufficiently seem to be successful or if the decision cannot be expected to clarify a constitutional problem.
(3) In case the Constitutional Court finds that the decision of the Administrative Court has not violated a right in the sense of para 1, it has, on appeal by the appellant, to decide whether the appellant has been violated in another right, to forward the complaint to the Supreme Administrative Court. To resolutions pursuant para 2 the first phrase applies mutatis mutandis.
(4) To resolutions of the Administrative Courts the provisions of this Article to be applied to their decisions applies mutatis mutandis. The specific law determining the organization and the procedure of the Constitutional Court provides, to which extent complaints may be raised against resolutions of the Administrative Court.
(5) To the extent the decision or the resolution of the Administrative Court concerns the admissibility of the revision, an appeal pursuant to para 1 is inadmissible.
Article 145 [International Law]The Constitutional Court pronounces judgment on contraventions of international law in accordance with the provisions of a special federal law.
Article 146 [Enforcement](1) The enforcement of judgments pronounced by the Constitutional Court made in accordance with Art. 126a, Art. 127c subpara 1 and Art. 137 is implemented by the ordinary courts.
(2) The enforcement of other judgments by the Constitutional Court is incumbent on the Federal President. Implementation lies in accordance with his instructions with the federal or provincial authorities, including the Federal Army, appointed at his discretion for the purpose. The request to the Federal President for the enforcement of such judgments has to be made by the Constitutional Court. The afore-mentioned instructions by the Federal President require, if it is a matter of enforcements against the Federation or against federal organs, no countersignature in accordance with Art. 67.
Article 147 [Establishment](1) The Constitutional Court consists of a President, a Vice-President, twelve additional members and six substitute members.
(2) The President, the Vice-President, six additional members and three substitute members are appointed by the Federal President on the recommendation of the Federal Government; these members and the substitute members must be selected from among judges, administrative officials, and professors holding a chair in law. The remaining six members and three substitute members are appointed by the Federal President on the basis of proposals submitted by the House of Representatives for three members and two substitute members and by the Senate for three members and one substitute member. Three members and two substitute members must have their domicile outside the federal capital, Vienna. Administrative officials on active service who are appointed members or substitute members must be exempted, with their pay terminating, from all official duties. This does not apply to administrative officials appointed substitute members who for the term of such exemption have been freed from all activities in the pursuit of which they are bound by instructions.
(3) The members and substitute members of the Constitutional Court must have completed legal studies or studies in law and political science and have had ten years of professional experience.
(4) The following cannot belong to the Constitutional Court: members of the Federal Government, or a Land Government furthermore members of a general representative body or of the European Parliament; for members of a general representative body or of the European Parliament who have been elected for a fixed term of legislation or office such incompatibility continues until expiry of that term of legislation or office. Finally persons who are in the employ of or hold office in a political party cannot belong to the Constitutional Court.
(5) Who has exercised one of the functions specified in para 4 in the last five years cannot be appointed President or Vice-President of the Constitutional Court.
(6) Art. 87 paras 1 and 2 and Art. 88 para 2 apply to members and substitute members of the Constitutional Court; detailed provisions will be prescribed in the federal law to be promulgated pursuant to Art. 148. 31 December of the year in which a member or substitute member completes his seventieth year of life is fixed as the age limit on whose attainment his term of office ends.
(7) If a member or substitute member disregards without satisfactory excuse three successive requests to attend a hearing of the Constitutional Court, the Constitutional Court establishes formally the fact after listening to his testimony. Establishment of the fact entails loss of membership or the status of substitute membership.
(8) The service prerogative with regard to the employees of the Constitutional Court is exercised by its president.
Article 148 [Organizational Law]Detailed provisions about the organization and procedure of the Constitutional Court will be prescribed by a special federal law and in standing orders to be voted by the Constitutional Court on the basis of this.
Article 148a [Standing, Investigation, Independence](1) Everyone can lodge complaint with the Ombudsman Board (Commission for Complaints from the Public) against alleged maladministration by the Federation, including its activity as a holder of private rights, in particular for alleged violation of human rights, provided that they are affected by such maladministration and in so far as they do not or no longer have recourse to legal remedy. All such complaints must be investigated by the Ombudsman Board. The complainant must be informed of the investigation's outcome and what action, if necessary, has been taken.
(2) The Ombudsman Board is ex officio entitled to investigate its suspicions of maladministration by the Federation including its activity as a holder of private rights, in particular of violations of human rights it assumes.
(3) For the protection and the advancement of human rights it is incumbent on the Ombudsman Board and the commissions appointed by it (Art. 148h para 3) in the area of the administration of the Federation including its activity as holder of private rights
1. to visit and inspect the location of deprivation of liberty,
2. to watch and check in advisory manner the conduct of the organs authorized to exert direct administrative power and compulsion as well as
3. to check respectively visit certain institutions and programs for handicapped persons
(4) Notwithstanding para 1 anyone can complain with the Ombudsman board for alleged delay of a Court to hear a case, if being personally affected. Para 2 applies accordingly.
(5) It is moreover incumbent on the Ombudsman Board to assist in the disposal of petitions and citizens' initiatives presented to the House of Representatives . The Federal Law on the Rules of Procedure of the House of Representatives stipulates the details.
(6) The Ombudsman Board is independent in the exercise of its authority.
Article 148b [State Support, Secrecy](1) All federal, provincial, municipal authorities and municipal associations as well as other self-administrating bodies supports the Ombudsman Board in the performance of its tasks, allow it inspection of its records, and on demand furnish the information required. Official confidentiality is inoperative towards the Ombudsman Board.
(2) The Ombudsman Board must observe official confidentiality to the same degree as the authority who it has approached in the fulfilment of its tasks. The Ombudsman Board is however bound by the observation of official confidentiality in its reports to the House of Representatives only in so far as this is requisite on behalf of the interest of the parties concerned or of national security.
(3) Paras 1 and 2 apply accordingly to the members of the commissions and the members and substitute members of the Human Rights Council.
Article 148c [Recommendations]The Ombudsman Board can issue to the authorities entrusted with the Federation's highest administrative business recommendations on measures to be taken in or by reason of a particular case. In matters of autonomous administration or of administration by bodies not bound by instructions the Ombudsman Board can issue recommendations to the autonomous administrative authority or to the body not bound by instructions the Federation's supreme administrative organ has likewise its attention drawn to such recommendations, the authority concerned must within a deadline to be settled by federal law either conform to the recommendations and inform the Ombudsman Board accordingly or state in writing why the recommendations have not been complied with. The Ombudsman board may in a specific case at the occasion of a certain case request a deadline to cure the delay by a court (Art. 148a para 4) and suggest measures of supervisory control.
Article 148d [Annual Report](1) The Ombudsman Board renders annually the House of Representatives and the Senate a report on its activity. In addition, the Ombudsman Board can report on singular observations any time to the House of Representatives and the Senate. The reports by the Ombudsman Board, after having been presented to the House of Representatives and the Senate, are to be published.
(2) The members of the Ombudsman Board are entitled to participate in the debates by the House of Representatives and the Senate and by their committees (sub-committees) on the Ombudsman Board's reports and on each occasion to be given on their demand a hearing. The members of the Ombudsman Board has this right also in respect of the debates by the House of Representatives and its committees (sub-committees) on the draft Federal Finance Act´s chapter subdivisions concerning the Ombudsman Board. Details are stipulated in the Federal Law on the Rules of Procedure of the House of Representatives and the Rules of Procedure of the Senate.
Article 148e (repealed)
Article 148f [Ruling on Interpretation]If differences of opinion arise between the Ombudsman Board and the Federal Government or a Federal Minister on the interpretation of legal provisions. The Constitutional Court, at the request of the Federal Government or the Ombudsman Board, decides the matter.
Article 148g [Establishment](1) The Ombudsman Board has its seat in Vienna and consists of three members one of whom acts in turn as chairman. The term of office lasts six years. Re-election of the Ombudsman Board's members more than once is inadmissible.
(2) The Ombudsman Board members are elected by the House of Representatives on the basis of a joint recommendation drawn up by the Main Committee in the presence of at least half its members. Each of the three parties with the largest number of mandates in the House of Representatives is entitled to nominate one member for this recommendation. In case of equal number of mandates the number of votes cast in the last House of Representatives election is decisive. The members of the Ombudsman Board render an affirmation to the Federal President before their assumption of office.
(3) The Ombudsman Board chairmanship rotates annually between the members in the sequence of the number of mandates, in case of equal number of mandates in the sequence of number of votes possessed by the parties who have nominated them. This sequence remains unchanged during the Ombudsman Board's term of office.
(4) Should an Ombudsman Board member retire prematurely, the party represented in the House of Representatives which nominated this member nominates a new member. The new election for the remaining term of office must be effected pursuant to para 2 above. The allocation of business in force applies mutatis mutandis to the new member till an eventual new allocation of business is rendered.
(5) Ombudsman board members must be eligible for the House of Representatives and have knowledge of the organization and functioning of administration and knowledge in the field of human rights; while in office, they may belong neither to a general representative body nor to the European Parliament, nor be member of the Federal Government or a Land Government nor practise any other profession.
(6) Each member of the Ombudsman Board must be on an equal footing with the members of the Federal Government with regard to responsibility under Art. 142.
Article 148h [Appointment](1) Ombudsman board officials are appointed by the Federal President on the recommendation and with the countersignature of the Ombudsman Board chairman. The Federal President can however authorize him to appoint officials in certain categories. Auxiliary-personnel is appointed by the chairman who is to this extent the supreme administrative organ and exercises these powers in his own right.
(2) The service prerogative of the federation with regard to the employees of the Ombudsman Board is exercised by its chairman.
(3) In order to fulfil the tasks according to Art. 148a para 3 the Ombudsman Board has to appoint commissions and create a Human Rights Council as its advisor. The Human Rights Council consists of a Chairman, a Deputy Chairman and other members and substitute members being appointed by the Ombudsman Board. Federal law provides to which extent the Ombudsman Board in appointing members and substitute-members of the Human Rights Council is bound to proposals of other institutions. The Chairman, the Deputy Chairman and the other members of the Human Rights Council are not bound by any instructions in exerting their activity.
(4) The Ombudsman Board resolves rules of procedure and on allocation of business, which in particular has to provide, which tasks are to be handled individually 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.
Article 148i [State Matters](1) The provinces can by provincial constitutional law declare the Ombudsman Board competent also in the sphere of the particular provincial administration. In such case Art. 148f applies mutatis mutandis.
(2) If provinces create agencies in the sphere of provincial administration with tasks similar to the Ombudsman Board, provincial constitutional law can prescribe a provision corresponding to Art. 148f above.
(3) A province not making use of the authorization of para 1 regarding the tasks according to Art 148a para 3, has to create by constitutional law of the province an agency for tasks similar to Art. 148a para 3 for the sphere of the administration of the province and to provide the corresponding provisions in order to handle the tasks according to Art. 148c and Art. 148d.
Article 148j [Ombudsmen Law]Detailed provisions relating to the implementation of this chapter are made by federal law.
Article 149 [Old Laws](1) In addition to the present law, the following laws, with the modifications necessitated by this law, must within the meaning of Art. 44 para 1 be regarded as constitutional law:
Basic Law of 21 December 1867, RGBl. No. 142, on the general rights of nationals in the kingdoms and provinces represented in the Council of the Realm (Note: Art. 8 repealed by Art. 8, F.L.G. No. 648/1988);
Law of 27 October 1862, RGBl. No. 88, on Protection of the Rights of the Home;
Resolution of the Provisional National Assembly of 30 October 1918, StGBl. No. 3;
Law of 3 April 1919, StGBl. No. 209, respecting the banishment and expropriation of the House of Habsburg-Lothringen;
Law of 3 April 1919. StGBl. No. 211, on the abolition of the nobility, the secular orders of chivalry, male and female, and of certain titles and dignities;
Section V of Part III of the Treaty of Saint-Germain of 10 September 1919, StGBl. No. 303 of 1920.
(2) Art. 20 of the basic law of 21 December 1867, RGBl. No. 142 as well as the law of 5 May 1869, RGBl. No. 66, issued on the basis of this Article, ceases to be in force.
Article 150 [Transitional Law](1) The transition to the federal constitution introduced by this law will be prescribed in a special law entering into force simultaneously with the present law.
(2) Laws in accordance with a new formulation of federal constitutional law provisions may be issued as from the promulgation of the constitutional law rendering the change effective. They may not however enter into force prior to the entry into force of the new federal constitutional legal provisions in so far as they do not solely stipulate measures requisite for their incipient implementation upon the entry into force of the new federal constitutional law provisions.
Article 151 [Responsibility](1) Art. 78d and Art. 118 para 8 in the version of the federal constitutional law Federal Law Gazette. No 565/1991 enter into force on 1 January 1992. Constabularies existent on 1 January 1992 remains unaffected; this provision enters into force on 1 January 1992.
(2) Art. 10 para 1 No 7, Art. 52a, Arts. 78a to 78c, Art. 102 para 2 as well as the designation changes in Chapter III and in Art. 102 in the version of the federal constitutional law Federal Law Gazette No 565/1991 enter into force on 1 May 1993.
(3) Art. 102 para 5 second sentence as well as paras 6 and 7 cease to be in force as of midnight 30 April 1993. The words ", excluding the local security administration," in Art. 102 para 2 are repealed as of midnight 30 April 1993.
(4) Art. 26, Art. 41 para 2, Art. 49b para 3, Art. 56 paras 2 to 4, Art. 95 paras 1 to 3, Art. 96 para 3, and moreover the new designation of para 1 in Art. 56 in the version of the federal constitutional law Federal Law Gazette No 470/1992 enter into force on 1 May 1993.
(5) Art. 54 in the version of the federal constitutional law Federal Law Gazette No 868/1992 enter into force on 1 January 1993.
(6) The following provisions, as formulated in the version of the federal constitutional law Federal Law Gazette No 508/1993 enter into force as follows:
1. Art. 10 para 1 subpara 9, Art. 11 para 1 subpara 7 as well as Art. 11 paras 6, 7, 8 and 9 on 1 July 1994;
2. Art. 28 para 5, Art. 52 para 2, the designation of the former Art. 52 paras 2 and 3 as paras 3 and 4, as well as Art 52b on 1 October 1993;
(Note: Sub-para 3 repealed by Federal Law Gazette I No. 114/2000)
(Note: Para 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 enter into force on 1 January 1994. Art.102 para 2 in the version of the federal law Federal Law Gazette No. 532/1993 ceases to be in force simultaneously.
(8) Art. 54 in the version of the federal constitutional law Federal Law Gazette No. 268/1994 enter into force on 1 April 1994.
(9) Art. 6 paras 2 and 3, Art. 26 para 2, Art. 41 para 2, Art. 49b para 3 and Art. 117 para 2 first sentence in the version of the federal constitutional law Federal Law Gazette No. 504/1994 enter into force on 1 January 1995. In the federal and provincial legal regulations the term "domicile" in all its grammatical versions is replaced by the term "principal residence" as of 1 January 1996 unless the term "domicile" is replaced by the term "principal residence" until expiry of 31 December 1995. The term "domicile" must not be used any more in federal and provincial legal regulations as of 1 January 1996; for as long as provincial law does not stipulate that Provincial Parliament or municipal council suffrage depends on the principal residence or the residence it depends on the domicile. As regards the division of the number of deputies among the constituencies (electoral bodies) and as regards regional constituencies (Art. 26 para 2) and the representation of the provinces in the Senate (Art. 34) the domicile as established by the last general census holds good as principal residence up to the time when the results of the next general census will be at hand.
(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 1 July 1994.
(11) The following holds good for the entry into force of provisions newly formulated or inserted by the federal constitutional law Federal Law Gazette No. 1013/1994, the abrogation of provisions revoked by this same federal constitutional law as well as the transition to the new legal status:
1. the title of this law, Art. 21 paras 6 and 7, Art. 56 paras 2 and 4, Art. 122 paras 3 to 5, Art. 123 para 2, Art. 123a para 1, Art. 124, Art. 147 para 2 second sentence as well as Art. 150 para 2 enter into force on 1 January 1995.
2. The heading of chapter I, the heading of section A in chapter I, Art. 10 para 1 subpara 18, Art. 16 para 4, section B of chapter I, Art. 30 para 3, Art. 59, Art. 73 para 2, Art. 117 para 2, Art. 141 paras 1 and 2, Art. 142 para 2 subpara c and designations of the henceforth subparas d to i as well as Art. 142 paras 3 to 5 enter into force simultaneously with the Treaty on the Accession of the Republic of Austria to the European Union.
3. Art. 10 paras 4 to 6 and Art. 16 para 6 in the version of the federal constitutional law Federal Law Gazette No. 276/1992 ceases to in force simultaneously with the entry into force of the provisions specified in subpara 2.
4. Art. 122 para 1 and Art. 127b enter into force on 1 January 1997. They apply to acts of administration of public funds subsequent 31 December 1994.
5. For as long as the representatives of Austria in the European Parliament have not been elected in a general election, they must be delegated by the House of Representatives from among the members of the Federal Assembly. This delegation ensues on the basis of proposals by the parties represented in accordance with their strength pursuant to the principle of proportional representation. For the period of their delegation members of the House of Representatives and of the Senate can simultaneously be members of the European Parliament. If a member of the House of Representatives delegated to the European Parliament relinquishes his seat as a member of the House of Representatives , Art. 56 paras 2 and 3 apply. Art. 23b paras 1 and 2 hold well analogously as well.
6. Subpara 5 enters into force on 22 December 1994.
(11a) Art. 112 in the version of the federal constitutional law Federal Law Gazette No. 1013/1994 and Art. 103 para 3 and Art. 151 para 6 subpara 3 in the version of the federal constitutional law Federal Law Gazette I No. 8/1999 enter into force on 1 January 1995.
(12) Art.59a, Art.59b and Art.95 para 4 in the version of the federal constitutional law Federal Law Gazette No. 392/1996 enter into force on 1 August 1996. Until provincial legal regulations are passed pursuant to Art. 59a and Art. 95 para 4, the appropriate federal legal regulations applies analogously in the provinces concerned unless the provinces have already passed regulations within the meaning of Art. 59a and Art. 95 para 4.
(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 15 September 1996.
(14) Art. 49 and Art. 49a paras 1 and 3 in the version of the federal constitutional law Federal Law Gazette No. 659/1996 enter into force on 1 January 1997.
(15) Art. 55 in the version of the federal constitutional law Federal Law Gazette I No. 2/1997 enter into force on 1 January 1997. Art. 54 expires simultaneously.
(16) Art. 147 para 2 in the version of the federal constitutional law Federal Law Gazette I No. 64/1997 enters into force on 1 August 1997.
(17) Art. 69 paras 2 and 3, Art. 73 para 1, Art. 73 para 3 and Art. 148d in the version of the federal constitutional law Federal Law Gazette I 87/1997 enter into force on 1 September 1997. Art. 129, section B of chapter VI, Art. 131 para 3 and the new designations of the sections in chapter VI enter into force on 1 January 1998.
(18) Art. 9a para 4 in the version of the federal law Federal Law Gazette I No. 30/1998 enters into force on 1 January 1998.
(19) Art. 23f enters into force simultaneously with the Treaty of Amsterdam. The Federal Chancellor announces this date in the Federal Law Gazette.
(20) In Art. 149 para 1, the following parts cease to be in force:
1. the adding of the Constitutional Law of 30 November 1945, Federal Law Gazette No.6 of 1946, concerning the Act on the Protection of Personal Liberty of 27 October 1862, RGBl. No. 87, in the proceedings before the People's Court upon expiry of 30 December 1955;
2. the words "Law of 8. May 1919, StGBl. No. 257, on the coat of arms and seal of state of the Republic of German-Austria, with the modifications effected by Arts. 2, 5 and 6 of the law of 21 October 1919, StGBl. No. 484;" upon expiry of 31 July 1981.
(21) The words "or through the exercise of direct administrative power and compulsion" in Art. 144 para 3 ceases to be in force as of midnight 31 December 1990.
(22) The Arts. 10 para 1 subpara 14, Art. 15 paras 3 and 4, 18 para 5, 21, 37 para 2, 51b para 6, 52 b para 1, 60 para 2, 78d para 2, 102 para 1, the new designation of Art. 102 para 6 and the Arts. 118 para 8, 118a and 125 para 3 in the version of the federal constitutional law Federal Law Gazette I No. 8/1999 enters into force on 1 January 1999. Art. 102 para 5 ceases to be in force upon expiry of 31 December 1998.
(23) The Arts. 30 para 3 first sentence, 127c, 129c para 4, 147 para 2 fourth and fifth sentence, and 147 para 6 first sentence in the version of the federal constitutional law Federal Law Gazette I No. 148/1999 enter into force on 1 August 1999.
(24) Art. 8 in the version of the federal constitutional law Federal Law Gazette I No. 68/2000 enter into force on 1 August 2000.
(25) Art. 11 para 8 in the version of the federal constitutional law Federal Law Gazette I No. 114/2000 enters into force on 1. December 2000. Art. 151 para 6 subpara 3 ceases to be in force upon expiry of 24 November 2000.
(26) In the version of the federal constitutional law Federal Law Gazette I No. 121/2001 enter into force:
1. Art. 18 para 3 and Art. 23e para 5 on 1 January 1997.
2. Art. 21 para 1 and para 6 on 1 January 1999;
3. Art. 147 para 2 first sentence on 1 August 1999;
4. Art. 18 para 4, Art. 23b para 2, Art 39 para 2 and Art. 91 para 2 on 1 January 2002;
5. Art. 23f para 1 to 3 simultaneously with the treaty of Nice. The Federal Chancellor has to publish this date in the Federal Law Gazette I.
(27) Art. 14b, Art. 102 para 2 and Art. 131 para 3 in the version of the federal law Federal Law Gazette I No 99/2002 enter into force on 1 January 2003. § 2, § 4 para 1, § 5 and § 6 para 1 and 2 of the transition Law Gazette No 368/1925 apply accordingly. A provincial law having become federal law pursuant to the second sentence per 1 January 2003 ceases to be in force with the entering into force of a provincial law passed on the basis of Art. 14b para 3, the latest upon expiry of 30 June 2003; simultaneously the corresponding regulations of the Federal Tender Law 2002, Federal Law Gazette I No. 99/2002 enter into force to this extent.
(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 Federal Law Gazette I No 90/2003 enter into force on 1 January 2004.
(29) Art. 11 para 8 in the version of the federal laws Federal Law Gazette I No 114/2000 and Federal Law Gazette I No. 100/2003 enters into force on 1 December 2000, Art. 151 para 7 in the version of the federal law Federal Law Gazette I No. 100/2003 upon expiry of the day of publication of this federal law. Art. 7 para 1, Art. 8, Art. 8a, Art. 9a, Art. 10 para 1 subpara 10, Art. 13 para 1, Art. 14 para 1, para 5 subpara a and para 8, Art. 14a, Art. 15 para 4, Art. 18 para 4 und 5, Art. 23 para 1 and 5, Art. 23e para 6, Art. 26, Art. 30 para 2, Art. 34 para 2, Art. 35 para 1, Art. 42 para 4, Art. 47 para 1, Art. 48, Art 49, Art. 49a, Art. 51, Art. 51a, Art. 51 b, Art. 51c, Art. 52b, Art. 57, Art.71, Art.73, Art.81a para.1, 4 and 5, Art. 87a, Art. 88a, Art.89, Art.97 para 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, Art. 148a, Art. 148b, Art. 148e to Art. 148j and Art. 149 as well as the headings and the other regulations in the version of the federal law Federal Law Gazette No. 100/2003 enter into force on 1 January 2004.
(30) Art. 11 para 1 subpara 7 and 8 as well as para 9 in the version of the federal law Federal Law Gazette I No 118/2004 enter into force on 1 January 2005, however not before the expiry of the day of publication of the federal law named in the Federal Law Gazette. To the extent the federal legislation does not provide otherwise, simultaneously the existing provincial regulations in the matters of Art. 11 para 1 subpara 8 cease to be in force.
(31) Art. 10 para 1 subpara 9 and Art. 151 para 7 in the version of the federal law Federal Law Gazette I No 153/2004 enter into force on 1 January 2005.
(32) Art. 14 para 5a, 6, 6a, 7a and 10 and Art. 14a para 7 and 8 enter into force upon expiry of the day of publication of the federal constitutional law Federal Law Gazette I No. 31/2005 in the Federal Law Gazette.
(33) In the version of the Federal Constitutional Law Gazette I No. 81/2005 enter into force
1. Art. 151 para 31 upon expiry of 30 December 2004;
2. Art 8 para 3 upon expiry of the month of publication of this federal constitutional law.
(33a) Art. 129 a, Art. 129b and Art. 129c para 1, 3, 5 and 7 in the version of the federal law Federal Law Gazette I No. 100/2005 enter into force on 1 January 2006.
(34) Art. 9a para 3 and 4, Art. 10 para 1 subpara 15 and Art. 102 para 2 in the version of the federal law Federal Law Gazette I No 106/2005 enter into force on 1 January 2006.
(35) Art. 88a in the version of the federal law Federal Law Gazette I No 121/2005 enters into force on 1 November 2005.
(36) The following applies to the entering into force of the regulations modified or added by the federal constitutional law Federal Law Gazette I No 27/2007 and the ceasing to be effective of the regulations deleted by this federal constitutional law as well as to the transition for the new legal situation:
1. Art. 23a para 1, 3 and 4, Art. 26 Abs. 1, 4, 6 and 8, Art. 30 para 3, Art.41 para 3, Art. 46, Art. 49b para 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 as well as Art. 151 para 33a enter into force on 1 July 2007; simultaneously Art. 23 a para 5 and 6 cease to be in force. The provincial regulations are to be adjusted to the new legal situation until expiry of 31 December 2007.
2. Art. 26a enters into force on 1. July 2007. The modification of the Federal Election Board according to this regulation has to take place until expiry of 31 August 2007; the details in this regard must be determined by the election regulations to the House of Representatives .
3. Art. 27 para 1 enters into force at the beginning of the XXIV. Legislative-period.
(37) The following applies to the entering into force of the regulations added or newly determined 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 subpara 4, Art. 51a, Art. 51b in the version of subpara 7 to 9a, Art. 123a, para 1 and Art. 148d enter into force on 1 January 2009; the Federal Finance Frame Act for the financial years 2009 till 2012 and the Federal Finance Act for the financial year 2009 are to be prepared and passed already on the basis of these regulations and the draft of the Federal Finance Frame Act for the financial years 2009 till 2012 is to submitted to the House of Representatives the latest simultaneously with the draft for the Federal Finance Act for the financial year 2009.
2. Art. 51 in the version of subpara 5, Art. 51b in the version of subpara 10, Art. 51c and 51d enter into force on 1 January 2013. Art. 51 in the version of subpara 4 and Art. 51b in the version of subpara 7 to 9a cease to be in force upon expiry of 31 December 2012. This legal situation already applies to the preparation of the Federal Finance Frame Act for the financial years 2013 till 2016 as well as of the Federal Finance Act for the Financial Year 2013 and the passing of the Law by the House of Representatives .
Art. 51a in the version of the federal law Federal Law Gazette I No. 100/2003 continues to be applied until expiry of 31 December 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 sub section of section A of the third chapter, Art. 67a, Art. 88 para 1, Art. 90a, Art. 112, the headings above Art. 115, section B of the (new) fifth chapter, the headings above Art. 121 and Art. 129, Art. 134 para 6, the heading above Art. 148a, Art. 148a para 3 to 5, Art. 148c last sentence and the heading above Art. 149 in the version of the federal constitutional law Federal Law Gazette I No. 2/2008 enter into force on 1 January 2008. The federal- and provincial laws necessary for the adaptation to Art. 20 para 2 last sentence and Art. 120b para 2 are to be passed the latest until expiry of 31 December 2009.
(39) Art. 10 para 1 subpara 1, 3, 6 and 14, Art. 78d para 2, Art 102 para 2, Art. 129, section B of the (new) seventh chapter, Art. 132a, Art 135 para 2 and 3, Art. 138 para 1, Art. 140 para 1 first sentence and Art. 144a in the version of the federal constitutional law Federal Law Gazette I No. 2/2008 enter into force on 1 July 2008. To the transition to the new legal situation applies:
1. Per 1 July 2008 the former independent Federal Asylum Tribunal becomes the Asylum Court.
2. Till the appointment of the president, the vice president and the other members of the Asylum Court the former chairman, the former deputy chairman and the former other members of the independent Federal Asylum Tribunal exert their functions. The measures necessary for the appointment of the president, the vice president and the other members of the Asylum Court as well as the hiring of extra judicial employees may already take place upon expiry of the day of publication of the federal constitutional law Federal Law Gazette I No. 2/2008.
3. Members of the independent Federal Asylum Tribunal, applying for an appointment as member of the Asylum Court and having the personal and professional qualification for the appointment are entitled to appointment; the requirements of Art. 129d para 3 are deemed to be met by such applicants. The Federal Government decides on the appointment of such applicants.
4. Cases pending on 1 July 2008 at the independent Federal Asylum Tribunal are to be continued by the Asylum Court. Cases on complaints against decisions of the independent Federal Asylum Tribunal at the Supreme Administrative Court or at the Constitutional Court are to be continued by them with the proviso, that the Asylum Court is deemed to be the authority involved.
5. Starting 28 November 2007, in cases pending at the independent Federal Asylum Tribunal, a complaint for violation of the breach of the duty to reach a decision is no longer admissible. Cases already pending at the Supreme Administrative Court for violation of the onus of decision by the independent Federal Asylum Tribunal are deemed to be stayed upon expiry of 30 June 2008; the cases to which the complaint relates for violation of the onus of decision are to be continued by the Asylum Court.
(40) Art. 27, para 2, Art. 92 para 2, Art. 122 para 5, Art. 134 para 4 and 5 as well as Art. 147 para 4 first sentence and para 5 in the version of the federal constitutional law Federal Law Gazette I No 2/2008 enter into force at the beginning of the XXIV legislative period. To persons, who at the beginning of the XXIV legislative period already carry a function in the sense of Art. 92 para 2, Art. 122 para 5, Art. 134 para 4 and 5 as well as Art. 147 para 4 first sentence and para 5, the regulations to be applied up to such date continues to be applied.
(41) Art. 28 para 4 in the version of the federal constitutional law Federal Law Gazette I No. 31/2009 enters into force on 1 April 2009.
(42) Art. 20 para 2 in the version of the federal law Federal Law Gazette I No. 50/2010 enters into force on 1 October 2010.
(43) Art. 23c, Art. 23d para 2, para 3 first and second phrase and para 5 first phrase, Art. 23e to Art. 23k and Art. 73 para 2 in the version of the federal constitutional law Federal Law Gazette I No. 57/2010 enter into force on 1 August 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 enter into force on 1 January 2011.
(45) Art. 6 para 4, Art. 26 para 5 and Art. 60 para 3 in the version of the federal law Federal Law Gazette I No. 43/2011 enter into force on 1 October 2011. The repealing of Art. 60 para 3 second phrase so far does not affect the law concerning the expulsion of the house Habsburg-Lothringen and the takeover of their assets, StGBl. No. 209/1919.
(46) Art. 10 para 1 subpara 11 and Art. 102 para 2 in the version of the federal law Federal Law Gazette I No. 58/2011 enter into force on 1 January 2012. For the transition to the new legal situation applies:
1. The provisions of the provincial laws governing fostering money become federal laws in the sense of this law.
2. The ordinances having been rendered on the basis of the laws named in subpara 1 become ordinances of the Federation and are deemed to be modified accordingly to the extent they contradict the organizational provisions of this law.
3. Federal law provides, to which extent the laws and ordinances named in subpara 1 and subpara 2 continue to be applied in proceedings pending on 1 January 2012; the implementation of such proceedings is the matter of the provinces. The provisions of this law to be applied in matters of Art. 11 applies in so far mutatis mutandis.
4. Federal law may provide detailed provisions for the transition to the new legal situation.
5. The Federal Minister in charge reports to the House of Representatives and the Senate the latest till 31 December 2014 on the execution in matters of fostering money.
(47) Art. 15 para 10 second phrase, Art. 116a para 1 first phrase, Art. 116a para 1 subpara 1 and subpara 2, Art. 116a para 2, para 3 and 6 and Art. 116b in the version of the federal constitutional law Federal Law Gazette I No. 60/2011 enter into force on 1 October 2011.
(48) Art. 22, Art. 148a, Art. 148b para 1 first sentence and para 3, Art. 148c last sentence, Art. 148d, Art. 148g para 2 to 5, Art. 148h para 3 and 4 and Art. 148i para 3 in the version of the federal law Federal Law Gazette I No. 1/2012 enter into force on 1 July 2012. The organizational and personal measures necessary for the beginning of the activity of the commissions and of the Human Rights Council can already been taken by the Ombudsman board upon expiry of the date of publication of the Federal Law Gazette I No. 1/2012. If in a province a constitutional law of the province is in force on 1 July 2012, by which the Ombudsman board has been declared to be also competent for the administration of the province pursuant to Art. 148i para 1, it is deemed to be a province having made use from this authorization also regarding tasks according to Art. 148a para 3 in the version of the Federal Law Gazette I No. 1/2012. Constitutional laws of the provinces pursuant to Art. 148i para 3 are to be passed the latest until expiry of 31 December 2012.
(49) Art. 10 para 1 subpara 1a and subpara 17, Art. 26 para 3 first phrase, Art. 26a first phrase and Art. 141 para 3 first phrase in the version of the federal law Federal Law Gazette I No. 12/2012 enter into force on 1 April 2012. Simultaneously Art. 10 para 1 subpara 18 ceases to be in force.
(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 enter into force on 1 September 2012; simultaneously the ordinance of the Federal Government on the constitution of Federal Police Directorates and the determination of the regional competence (Federal Police Directorate ordinance), Federal Law Gazette II No. 56/1999, ceases to be in force.
(51) For the entering into force of the provisions having been modified or inserted by Federal Law Gazette I No. 51/2012 and for the invalidation of the provisions repealed by this federal law as well as the transition to the new legal situation, the following is to be applied:
1. The organizational and personal measures necessary for the beginning of the activity of the Administrative Courts may already be taken upon expiry of the day of publication of the Federal Law Gazette I No. 51/2012. For the appointment of members of the Administrative Courts before the 1 January 2014, Art. 134 para 2, 3, 5 and 6 in the version of the federal law Federal Law Gazette I No. 51/2012 apply with the proviso, that the triple proposals of the plenary assembly of the Administrative Court resp. a committee to be elected among its members are not required.
2. Entitled to be appointed as member of the respective Administrative Court of the Federation is:
a) who is Chairman, Deputy Chairman or President of a chamber of the Federal Tender Office on 1 July 2012 and applies to be appointed member of the Administrative Court of the Federation and has the personal and professional qualification to fulfil the tasks linked with the planned employment;
b) who is member of the Independent Finance Senate on 1 July 2012 and applies to be appointed member of the Administrative Court of the Federation for Finance and has the personal and professional qualification to fulfil the tasks linked with the planned employment.
3. The President and the Vice-President of the Administrative Court of the Federation are to be appointed by the Federal Government within six weeks after expiry of the day of publication of Federal Law Gazette I No. 51/2012.
4. The application to be appointed as other member of the respective Administrative Court of the Federation may be filed until expiry of 31 December 2012. The preconditions of Art. 134 para 3 last phrase are deemed to be fulfilled for such applicants. The Federal Government decides on the appointment of such applicants until expiry of 28 February 2013. Persons, whose application is denied, are entitled to file complaint against the refusing ruling pursuant to Art. 130 para 1 subpara a with the Supreme Administrative Court and pursuant to Art. 144 with the Constitutional Court.
5. The right to appoint members for the Administrative Courts of the provinces and the procedure on the appointment are to be determined by provincial law under equal principles.
6. Art. 10 para 1 subpara 3, Art. 10 para 1, subpara 8, Art. 11 para 2, Art. 14a para 5 first phrase, Art. 14b para 5 second phrase, Art. 15 para 6 last-but-one phrase, Art 18 para 5, Art. 22, Art. 23f para 2, Art. 42a, Art. 43, Art. 49 para 2, Art. 50 para 2 and 3, Art 97 para 2 and 4, Art. 101a, Art. 102 para 2, Art. 117 para 8, Art. 118 para 3 subpara 9, Art 127c subpara 3, Art. 140a, Art. 147 para 3, Art. 148a para 3 subpara 3 and Art. 148b para 1 first phrase in the version of the federal law Federal Law Gazette I No. 51/2012 as well as Art. 131 para 3 in the version of Art. 1 subpara 61 and Art. 134 para 3 in the version of Art. 1 subpara 62 of this federal law enter into force upon expiry of the month of publication; simultaneously Art. 15 para 5, Art. 98 and Art. 127c subpara 4 cease to be in force. Art. 10 para 1 subpara 1, Art. 11 para 9 (para 7 new), Art. 12 para 4 (para 2 new), Art. 20 para 2, Art. 21 para 1 last phrase, Art. 81b para 3 first phrase, the headline to chapter B of the third main part, Art. 82 para 1, Art. 83 para 1, Art. 86 para 1, Art. 87 para 3, Art. 88 para 2 and 3, Art. 88a, Art. 89 para 1 to 3 and 5, Art. 90 para 1, Art. 90a, Art. 94, Art. 109, Art. 112, Art. 115 para 2, Art. 118 para 4, Art. 119a para 9, the Articles 129 to 136 including the headlines of the chapters (chapter A new of the seventh main part), the headline of chapter D (chapter B new) of the seventh main part, Art. 138 para 1 subpara 2, Art. 139 para 1, 3 and 4 first sentence, Art. 139a, Art. 140 para 1, 3 last phrase and 4 first sentence, Art. 141 para 1, Art. 144, Art. 147 para 8, Art. 148i para 1 and 2 and the exhibit in the version of the federal law Federal Law Gazette I No. 51/2012 enter into force on 1 January 2014; simultaneously 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 phrase, Art. 81c para 3, Art. 103 para 4, Art. 111, Art. 119a para 5, Art. 141 para 3, Art. 144a and Art. 148e become ineffective.
7. On 1 January 2014 the Asylum Court becomes Administrative Court of the Federation; the members of the Asylum Court become members of the Administrative Court of the Federation.
8. On 1 January 2014 the independent administrative senates in the provinces, the Federal Tender Office and the Independent Finance Senate (in the following: independent administrative authorities) are dissolved; in addition the administrative authorities named in the exhibit (in the following: other independent administrative authorities) are dissolved. The jurisdiction to continue the proceedings pending on the expiration of 31 December 2013 at these authorities as well as the proceedings pending at the supervisory authorities on representations (Art. 119a para 5) passes to the Administrative Courts; this also applies to procedures pending at other authorities in which these authorities may be superior authority on the merits or superior authority in the course of appeal, with the exception of organs of the municipality.
9. The Administrative Courts replace the independent administrative authorities, other independent administrative authorities and, to the extent complaint procedures are concerned, all other administrative authorities except those administrative authorities having decided in first and final instance or had been under the onus to decide, as well as with the exception of organs of the municipality, replace the Administrative Courts in procedures pending at the Supreme Administrative Court and at the Constitutional Court upon expiry of 31 December 2013. After termination of the procedure before the Supreme Administrative Court concerning the ruling or the lack of decision of an independent administrative authority or before the Constitutional Court concerning the ruling of such, the procedure is eventually to be continued before the Administrative Court.
10. Art. 131 para 3 in the version of Art. 1 subpara 61 of the Federal Law Gazette I No. 51/2012 continues to be applied in complaint procedures pending at the Supreme Administrative Court upon expiry of 31 December 2013.
11. Further details on the transition of jurisdiction will be determined by federal law.
(52) Art. 50a to 50d in the version of the federal law Federal Law Gazette I No. 65/2012 enter into force simultaneously with the Treaty Establishing the European Stability Mechanism.
(53) Art. 10 para 1 subparas 11 and 15 and Art. 102 para 2 in the version of the federal law Federal Law Gazette I No. 59/2013 enter into force upon expiry of the month of publication of this federal law.
(54) The following provisions in version of the federal constitutional law Federal Law Gazette I No. 114/2013 enter into force or cease to be in force respectively:
1. as of 6 June 2012: para 51 subparas 4 and 6;
2. as of 1 July 2012: Art. 49 para 2 subpara 1;
3. upon expiry of the month of publication of this federal constitutional law: Art. 7 para 4, Art. 12 para 1 subpara 1, Art. 14a para 1, Art. 16 subpara 5, Art. 52 subpara 4, Art. 59b para 1 subpara 2, Art. 81a para. 1, Art. 127 para 8, Art. 147 para 6, Art. 148f and the foot note sign "*)" in para 11 subpara 2 and the footnote to this provision;
4. as of 1 January 2014: Art. 94 para 2;
5. as of 1 January 2015: Art. 89 paras 2 to 4, Art. 139 paras 1, 1a, 1b, 3 last sentence, 4 and 7 and Art. 140 paras 1, 1a, 1b, 3 last sentence, 4 and 8.
(55) Art. 6 para 4, Art. 10 para 1 subpara 1, Art. 130 para 5 and Art. 141 para 1 (g) in the version of the federal constitutional law Federal Law Gazette I No. 115/2013 enter into force as of 1 January 2014.
(56) The following provisions in the version of the School Authorities Administrative Reform Act 2013, Federal Law Gazette I No. 164/2013, enter in force:
1. upon expiry of the day of publication in the Federal Law Gazette: Art. 14 para 5 (a) and (b) and the introductory sentence of Art. 81b para 1,
2. as of 1 September 2013: Art. 81a para 1,
3. as of 1 August 2014: Art. 14 para 3 (a), para 4 (a), Art. 81a para 2 and para 3, Art. 81b para 1 (unless covered by subpara 1), Art. 132 paras 1 and 4 and Art. 133 para 6.
(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 enter into force as of 1 January 2015.
(58) Art. 30a in the version of the federal law Federal Law Gazette I No. 102/2014 enters into force as of 1 January 2015.
(59) -- (65)
[These transitional provisions are not part of the current ICL edition]
Article 152 [Execution]The execution of this federal constitutional law is entrusted to the Federal Government.
For methodology see:
Comparing Constitutions and International Constitutional Law.
©
1994 - 24.3.2022
/ Thanks to
Adina Keller.
For corrections please contact
A. Tschentscher.