The annual report of the Auditing Board on its activities shall be published; a publication of the contents may not, however, ensue before the beginning of the House of Representatives (Nationalrat) deliberation. This page was last edited on 22 July 2019, at 19:42. Nevertheless determination of alignment and level in these cases too falls under the executive power of the States. (6) The federal law on the House of Representatives (Nationalrat)'s Standing Orders shall lay down special provisions for its convocation in the event of the elected Presidents being precluded from the performance of their office or being deprived of their functions. Such a resolution by the House of Representatives (Nationalrat) has to state the manner of publication, which must guarantee the accessibility of the treaty for the duration of its validity, and shall be notified by the Federal Prime Minister (Bundeskanzler) in the Federal Law Gazette. (7) Private schools are different from public schools; they shall be accorded public status according to the statutory provisions. (4) Article 89 applies analogously to the Administrative Court. The election takes place in accordance with proportional representation notwithstanding inclusion of at least one member of every party belonging to the Main Committee. A relatively weak president, who was elected by both houses, was to serve as head of state. Note that only the Constitutional Court has the authority to strike down laws. Votes in this can validly be cast only for one of the two candidates who have polled the most votes in the first ballot; but each of the two groups of voters who put up these two candidates can in the second ballot nominate another individual to replace its original candidate. The latter shall be so arranged by the Federal Government as to enable the newly elected House of Representatives (Nationalrat) to meet on the day after the expiry of the fourth year of the legislative period. (2) The business of the House of Representatives (Nationalrat) is conducted in pursuance of a special federal law. Chapter I General Provisions [] Article 1 [Republic, Democracy] []Austria is a democratic republic. Austria's government structure is thus highly similar to that of incomparably larger federal republics such as Germany or the United States. Most cases are tried before District Courts (Bezirksgerichte, abbrev. pontif.) La situazione in Toscana, dove il 17 febbraio 1848 Leopoldo II aveva concesso uno Statuto ispirato alla Costituzione francese del 1830, si complicò alla fine di ottobre 1848, quando il Granduca fu costretto … … (4) The result of the election of the Federal President shall be officially published by the Federal Prime Minister (Bundeskanzler). If the Court has in its rescissory judgment set a deadline pursuant to Paragraph (5), the ordinance shall apply to all the circumstances effected, the case in point excepted, till the expiry of this deadline. Ma il diritto che anche la Dalmazia scegliesse ed inviasse … As regards the concept of financial participation, Article 126b (2) applies analogously. Before their assumption of office they render an affirmation to the Federal President. (2) Only persons eligible for the House of Representatives (Nationalrat) can be appointed Federal Prime Minister (Bundeskanzler), Deputy Prime Minister (Vizekanzler), or Federal Minister; members of the Federal Government need not belong to the House of Representatives (Nationalrat). Noticed shortcomings -- in so far as they do not concern such in the sense of Article 14 (8) -- shall be revealed to the State school board for the purpose of their redress. By such a House of Representatives (Nationalrat) vote, the Federal President is prevented from the further exercise of his office. (5) Whoever alleges infringement of his rights through the ruling of a local authority in matters belonging to its own sphere of competence can, after exhausting all channels of appeal (Article 118 (4)), within two weeks after issuing of the ruling make representations against it to the supervisory authority. The 183 members of the National Council are elected by nationwide popular vote under statutes aiming at party-list proportional representation. La mattina del 20 marzo 1848, al culmine dell’insurrezione milanese contro la dominazione austriaca, Carlo Cattaneo, che si era recato la notte precedente nella casa del conte … Every piece of State must form part of a County. (1) The officials of the Auditing Board are appointed by the Federal President upon the recommendation and with the countersignature of the President of the Auditing Board; the same applies to granting official titles. (3) The calculation shall also examine the financial administration of enterprises where a County with at least 20,000 inhabitants is either the sole participant or holds at least fifty per cent of the share capital together with other legal entities falling within the competence of the Auditing Board or where the County is either their sole or joint operator with other such legal entities. Rivoluzioni del 1848 Il biennio rivoluzionario del 1830-31 aveva assunto caratteri nuovi rispetto a quello di dieci anni prima. (4) If the ordinance has, at the time of the Constitutional Court's delivery of its judgment, already been repealed and the proceedings were initiated ex officio or the application was filed by a court or an applicant alleging direct infringement of his personal rights through the ordinance's illegality, the Court must pronounce whether the ordinance contravened the law. Note that the Supreme Court (Oberster Gerichtshof - OGH), the Constitutional Court (Verfassungsgerichtshof - VfGH) and the Administrative Court (Verwaltungsgerichtshof - VwGH) are three separate high courts, none being senior to the other two. Should divergences of opinion arise between the Auditing Board and the Federal Government or a Federal Minister or a State Government on interpretation of the legal provisions which prescribe the competence of the Auditing Board, the Constitutional Court, upon request by the Federal or State Government or the Auditing Board, decides the issue in closed proceedings. In a vote of sanction adopted pursuant to Paragraph (1), such treaties or such provisions as are contained in treaties shall be explicitly specified as "constitutionally modifying". Conscientious objectors who refuse the fulfillment of compulsory military service and are exonerated therefrom must perform an alternative service. The Federation is the authority so required by law in so far as legislation and execution in matters of the establishment, maintenance, and dissolution of public schools are the business of the Federation. (1) In matters of the indirect Federal administration the State-Governor is bound by instructions from the Federal Government and individual Federal Ministers (Article 20) and he is obliged, in order to effect the implementation of such instructions, to employ the powers available to him in his capacity as a functionary of the State's autonomous sphere of competence. Except for the provisions in Articles 108 to 111, the provisions in Part C of this Chapter apply to the Federal capital, Vienna, with the exception of Article 119 (4), 119a. The aforementioned instructions by the Federal President require, if it is a matter of enforcements against the Federation or Federal authorities, no countersignature in accordance with Article 67. L’elaborazione della carta costituzionale fu opera di … The selection of individuals from among those proposed is incumbent on the Federal Minister. ANNIVERSARI 1848: Le dimissioni di Metternich Il 13 marzo 1848 Metternich, a causa dell'insurrezione verificatasi a Vienna, si dimise da Cancelliere. The federal law can fix for the issue of the implementing legislation a deadline which may not without the consent of the Senate (Bundesrat), be shorter than six months and not longer than one year. (2) Intermediate customs barriers or other traffic restrictions may not be established within federal territory. (6) The establishment of Federal public safety authorities, the definition of their local sphere of competence and of their substantive sphere of competence in administrative fields which in accordance with Article 10 provide for execution by Federal public safety authorities, as well as the issue of a special service code for their officials ensue on Federal Government ordinance. (1) All State Parliament enactments shall, immediately after they have been passed by a State Parliament, be notified by the State-Governor to the competent Federal Ministry prior to their publication.       { Revised in: 1929 } The Austrian constitution was the first in the world (nearly contemporaneous with Czechoslovakia) to enact judicial review. It is split up over many different acts. (1) Ombudsmen Council officials are appointed by the Federal President on the recommendation and with the countersignature of the Ombudsmen Council chairman. In practice, most bills are proposed by the cabinet and passed after mere token debate. Establishment of the fact entails loss of membership or the status of substitute membership. (3) A County with at least 20,000 inhabitants shall, at its own request, if State interests are not thereby jeopardized, be awarded its own charter by way of State legislation. Settlement of the competence in matters pertaining to the service code for and staff representation rights of the employees of Regional Counties is the business of Federal constitutional legislation. (2) Business shall, for the period provided by Federal law, be allocated by the plenary assembly in advance among the tribunals. On each occasion they must, in accordance with the detailed provisions of the federal law on the House of Representatives (Nationalrat)'s Standing Orders and the Senate (Bundesrat)'s Standing Orders, at their request be given a hearing. (3) The courts and all other authorities are obliged to comply with the request of these committees to take evidence; all public departments must on demand produce their files. Their composition and appointment will be prescribed by State law. (1) The Constitutional Court pronounces on suits which predicate the constitutional responsibility of the highest Federal and State authorities for legal contraventions culpably ensuing from their official activity. (2) The addition of a religious assertion is admissible. 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) Save as competence on the part of the Federation is expressly stipulated, State legislation shall prescribe laws of Counties in accordance with the principles of the Articles contained in this Part. It also pronounces whether ordinances are contrary to law when an application alleges direct infringement of personal rights through such illegality in so far as the ordinance has become operative for the applicant without the delivery of a judicial decision or the issue of a ruling; Article 8 (3) applies analogously to such applications. (2) The State Parliament electoral regulations may not impose more stringent conditions for suffrage and electoral eligibility than the electoral regulations for the House of Representatives (Nationalrat). (3) The Federal Prime Minister (Bundeskanzler) 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. (2) No one may be deprived of his lawful judge. The legislative power of the Federation is exercised by the House of Representatives (Nationalrat) jointly with the Senate (Bundesrat). The Federal President may, however, authorize the President of the Auditing Board to appoint officials of certain categories. (1) The States succeed each other in alphabetical order every six months in the presidency of the Senate (Bundesrat). These enactments of the House of Representatives (Nationalrat) shall be authenticated and published without further formalities. (1) The legislative period of the House of Representatives (Nationalrat) lasts four years, calculated from the day of its first meeting but in any case until the day on which the new House of Representatives (Nationalrat) meets. They are, except for differing regulations by Constitutional laws, bound by the instructions of their superiors and responsible to these for the exercise of their office. These provisions do not apply to transfers and retirements which become necessary through changes in the organization of the courts. (1) The Auditing Board shall examine the financial administration of Counties with at least 20,000 inhabitants as well as the financial administration of endowments, funds, and institutions administered by the authorities of a County or persons or groups of persons appointed for the purpose by the authorities of a County. 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. (2) The number of the Federal Ministries, their competence, and their internal organization will be prescribed by federal law. A party subject to the exercise of direct administrative power and compulsion can lay complaint against the alleged infringement of personal rights by the measure concerned. The Constitution of Austria (German: Österreichische Bundesverfassung) is the body of all constitutional law of the Republic of Austria on the federal level. Its contents may not be made public before the beginning of the deliberations in the House of Representatives (Nationalrat). The new election shall pursuant to Paragraph (2) be operative for the remaining term of office. Nella terza giornata (20 marzo 1848) il consiglio di guerra milanese respinse la proposta di armistizio degli austriaci e si costituì un governo provvisorio. The right holds a golden sickle with inward turned blade, the left a golden hammer. (5) The judgment by the Constitutional Court which rescinds an ordinance as contrary to law imposes on the highest competent authority in the Federation or State the obligation to publish the rescission without delay. (1) The House of Representatives (Nationalrat) is elected by the nation in accordance with the principles of proportional representation on the basis of equal, direct, secret, and personal suffrage for men and women who have completed their nineteenth year of life on a day appointed prior to the election. If differences of opinion arise between the Ombudsmen Council and the Federal Government or a Federal Minister on the interpretation of legal provisions, the Constitutional Court, on application by the Federal Government or the Ombudsmen Council, decides the matter in closed proceedings. (3) In criminal proceedings for other punishable offenses Jurors take part in the administration of justice if the penalty to be imposed exceeds a limit to be determined by law. (8) The provisions applying for the examination of the financial administration of Counties with at least 20,000 inhabitants shall apply analogously to the examination of the financial administration of County Associations. (1) Under the direction of the highest authorities of the Federation and the States elected temporary functionaries or permanent appointees conduct the administration in accordance with the provisions of the laws. If the impediment lasts longer than twenty days or if pursuant to Article 60 (6) the Federal President is prevented from the discharge of his office, the Speaker, the Second Speaker, and the Third Speaker of the House of Representatives (Nationalrat) acting as a committee shall undertake the responsibilities of the Federal President. (2) Secretaries of State, who are appointed and leave office in the same way as Federal Ministers, can be attached to Federal Ministers for assistance in the conduct of business and to deputize for them in Parliament. (4) To what extent the federal public safety administration shall within its local sphere of competence be assigned executive responsibility in the domain of the highway police, except the local traffic police (Article 118 (4) no.4) and the river and navigation police on the Danube, Lake Constance, Lake Neusiedl, and boundary stretches of other frontier waters, shall be prescribed in corresponding laws of the Federation and the State concerned. This same law shall in particular lay down the reasons held to excuse non-participation in the election regardless of compulsory voting. Given that more than one fifth of its inhabitants are concentrated in the city of Vienna and its suburbs, the nation is also naturally unipolar in terms of both economic and cultural activity. Il quarto decennio dell’800 è stato un periodo di rivoluzione e pochi luoghi in Europa non hanno visto disordini civili. Adjudicating upon the constitutionality of the bill itself is the exclusive prerogative of the Constitutional Court.[3]. If there is only one candidate, the election takes place by way of referendum. While the House of Lords occasionally exercises its stalling power, however, the Federal Council hardly ever does. In reality, all that is needed is a majority of two-thirds in the National Council. Commentary The Austrian Empire was very large in 1848, and filled with around a dozen ethnicities, each with its own language. (1) All federal nationals are equal before the law. (5) Official titles for the functionaries of the Federation, the States, the Counties, and the County Associations can be laid down by federal law in a standardized form. All such complaints must be investigated by the Ombudsmen Council. It can be provided, however, that individuals who have not yet been residents in the County for at least one year shall not be entitled to vote or to stand for election to the County Parliament if their residence in the County is manifestly temporary. Pardons for acts punishable by the courts are extended by federal law. (3) If the draft Federal Budget submitted by the Federal Government in due time (Paragraph (1)) to the House of Representatives (Nationalrat) is not constitutionally sanctioned before expiry of the fiscal year and by that date no temporary provision has been made by federal law, then, during the first two months of the ensuing fiscal year, the taxes, levies, and imposts revenue shall be collected in accordance with the existing regulations and federal expenditure shall be defrayed to the account of the appropriations to be laid down by law, with the exception of expenditure of a kind not specially earmarked in the last Federal Finance Act. The provisions of Article 12 (2) remain unaffected. If the Federal Council approves of the bill or simply does nothing for a period of eight weeks, the bill has succeeded. The Constitutional Court pronounces on application by a court whether in the re-publication of a legal norm the limits of the authority conferred were transcended; ex officio, in so far as the re-publication of the legal norm constitutes the prerequisite to a judgment by the Court itself; also on application by a State Government, in the case of legal norms re-published by the Federation. (2) The resolutions of the Federal Assembly upon a declaration of war shall be officially published by the Federal Prime Minister (Bundeskanzler). After the new constitution had been adopted in 1920 it was also entitled to revise national laws according to the constitution. Per il principio di intervento emanato dalla Santa Alleanza, le truppe austriache dovettero prendere provvedimenti nel Regno di Napoli. (5) In so far as executive acts in building matters concern federally owned buildings which serve public purposes, like accommodation for federal authorities and offices or public institutions including schools and hospitals or barracks quarters for members of the Army or other federal employees, these executive acts fall under the indirect federal administration; the final decision on appeals rests with the State-Governor. Their use is safeguarded by law. (1) The Constitutional Court also pronounces on conflicts of competence: (2) The Constitutional Court furthermore determines at the application of the Federal Government, or a State Government whether an act of legislation or execution falls into the competence of the Federation or the States. (2) The President of the Auditing Board appoints the auxiliary personnel. (1) All Federal, State, and County authorities shall support the Ombudsmen Council in the performance of its tasks, allow it inspection of its records, and upon request furnish the information required. 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 State law, need foregoing agreement with the State government concerned. Should the need for substitution occur, the member of the State Government appointed as substitute is, pursuant to Article 142, likewise responsible to the Federal Government in matters of the indirect Federal administration. Save as otherwise provided in this law or as otherwise laid down in the federal law on the House of Representatives (Nationalrat)'s Standing Orders with regard to individual matters, the presence of at least one third of the members and an absolute majority of the votes cast is requisite to a vote by the House of Representatives (Nationalrat). The Auditing Board must simultaneously with its submission to the House of Representatives (Nationalrat) inform the Federal Prime Minister (Bundeskanzler) of every report. (1) The Auditing Board is directly subordinate to the House of Representatives (Nationalrat). (1) The House of Representatives (Nationalrat) and the Senate (Bundesrat) are entitled to examine the administration of affairs by the Federal Government, to interrogate its members about all subjects of its execution, and to demand all relevant information as well as to ventilate in resolutions their wishes about exercise of the executive power. (3) The authentication shall be countersigned by the Federal Prime Minister (Bundeskanzler). (4) The Auditing Board shall, on a vote by the House of Representatives (Nationalrat) or at the request of House of Representatives (Nationalrat) members, carry out special measures of investigation into financial administration which falls into its sphere of competence. Il primo avvenne … On its head, the eagle bears a mural crown with three visible merlons. The state constitutions congruently define the states to be unicameral parliamentary democracies; each state has a legislature elected by popular vote and a cabinet appointed by its legislature. Matters of university training do not fall under agricultural and forestry schooling. (2) The federal territory will be divided into self-contained constituencies whose boundaries may not overlap States boundaries. (3) The Senate (Bundesrat) will be convoked by its President at the seat of the House of Representatives (Nationalrat). (5) Anyone who during the preceding four years has exercised one of the functions specified in Paragraph (4) cannot be appointed Chief Justice or Vice-Chief Justice of the Administrative Court. : BG, singular: Bezirksgericht), with Regional Courts (Landesgerichte, abbrev. Most closely resembling a bill of rights in Austria is the Basic Law on the General Rights of Nationals of the Kingdoms and Länder represented in the Council of the Realm, a decree issued by Emperor Franz Josef on December 21, 1867 in response to pressure by liberal insurgents. After elections, it is customary for the President to ask the leader of the strongest party to become chancellor and form a cabinet. (10) State legislation which alters or settles along the lines the existent organization of the ordinary public administration in the States, may only be promulgated with the consent of the Federal Government. Revolution and counterrevolution, 1848–59. (2) The State laws promulgated in accordance with Paragraph (1) in the field of service contract regulations may only contain provisions dealing with establishment and severance of the employment relationship and the rights and duties arising therefrom. How long, in view of the possibility of such a challenge, it is necessary to retard publication of the law about which a referendum took place, can also be enacted by Federal law. The rescission enters into force on the day of publication if the Court does not set a deadline, which may not exceed six months or, if legal dispositions are necessary, a year, for the rescission. The members of the House of Representatives (Nationalrat) and the members of the Senate (Bundesrat) are not bound in the exercise of their function by any mandate. (2) In criminal proceedings the procedure is by indictment. (7) The Auditing Board shall, at the substantiated request of a State Government, carry out special measures of examination into financial administration which fall into its sphere of competence and report the result to the applicant authority. (4) Upon the opening of a new House of Representatives (Nationalrat) session within the same legislative period work will be continued in accordance with the stage reached at the close of the last session. (10) This Article applies analogously to supervision of County Associations in so far as these perform matters pertaining to a County's own sphere of competence (Article 116 (4)). Its law emanates from the people. Implementation shall, in accordance with his instructions, lie with the Federation or States authorities, including the Federal Army, appointed at his discretion for the purpose. The House of Representatives (Nationalrat) participates in laying down railway fares, postal, telegraph, and phone rates, and the prices for monopoly commodities as well as the payment for persons regularly employed in federal establishments. (1) A County has its own sphere of competence and one assigned to it either by the Federation or the State. (2) If someone deputizes for the President, the provisions of Article 123 (1) apply to the deputy. (4) Should a Ombudsmen Council member retire prematurely, the party represented in the House of Representatives (Nationalrat) who nominated this member shall nominate a new member. The Constitutional Court pronounces judgment on contraventions of international law in accordance with the provisions of a special Federal law. Such an assignment can at any time be revoked in part or in whole. (3) The Federal President declares sessions of the House of Representatives (Nationalrat) closed in pursuance of a vote by the House of Representatives (Nationalrat). (7) If a Justice or substitute Justice disregards without satisfactory excuse three successive requests to attend a hearing of the Constitutional Court, the Court shall formally establish the fact after listening to his testimony. In order that the resolution of the House of Representatives (Nationalrat) may be adopted in time, the President shall at the latest submit the motion to the vote on the last day but one before expiry of the four weeks deadline; detailed provisions shall be made in the Standing Orders. The members of these tribunals are independent in the exercise of their office and not bound by any instructions. This applies analogously in the case of a pronouncement pursuant to Paragraph (4) above. In 2014 these administrative tribunals have been abolished in favour of eleven administrative courts, one of each in every state (Landesverwaltungsgerichte) and two on federal level (Bundesverwaltungsgericht, Bundesfinanzgericht). The Federal Government submits its recommendations, in so far as appointment of the Chief Justice or Vice-Chief Justice is concerned, on the basis of a recommendation listing three candidates for each vacancy submitted by the Administrative Court in plenary session. l’atto incompatibile. Who shall act in the House of Representatives (Nationalrat) as deputy for the President of the Auditing Board is settled by the Federal law on the House of Representatives (Nationalrat)'s Standing Orders. (1) The authorities of the County shall in every instance include: (2) Elections to the County Parliament take place on the basis of proportional representation by equal, direct, secret, and personal suffrage of all Federal nationals who have their domicile in the County. (1) In so far as in the following Articles the term County is used, the reference is to be taken as meaning Local County. (1) The Constitutional Court pronounces on application by a court whether ordinances issued by a Federal or State authority are contrary to law, but ex officio in so far as the Court would have to apply such an ordinance in a pending suit. (3) The Ombudsmen Council is independent in the exercise of its authority. A town with its own charter shall perform besides its local administrative duties also those of the District administration. The number of members shall be divided among the constituencies in proportion to the number of nationals. (1) Judges are independent in the exercise of their judicial office.