The competencies of the Federation and the States in the field of taxation will be prescribed in a special federal constitutional law. L'adesione dell'Austria all'Unione europea avvenuta il 1° gennaio 1995 ha comportato una revisione globale della Costituzione federale austriaca. (6) The County shall without delay advise the supervisory authority of ordinances issued in its own sphere of competence. 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 (Nationalrat) (Article 55 (2)). (6) The business of the Counties will be performed by the County Administration or Town Administration, that of towns with their own charter by the Magistrate. The appointment of the Federal Prime Minister (Bundeskanzler) or the whole Federal Government is countersigned by the newly-appointed Federal Prime Minister (Bundeskanzler); dismissal requires no countersignature. As soon as the Ministry has reached a decision, the rulings hitherto made by the State authorities are invalidated. (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 Paragraph (2). This provision applies analogously if individual members of the Federal Government have left office. If within a session at least a quarter of the House of Representatives (Nationalrat)'s members or the Federal Government so demands, the President is bound to convoke a sitting in such manner that the House of Representatives (Nationalrat) meets within five days of the demand. Note that only the Constitutional Court has the authority to strike down laws. (2) A judge is independent in the exercise of his judicial office, during the performance of any judicial function properly his by law, and in the allocation of business, though to the exclusion of the judiciary's administrative business which in accordance with the provisions of the law shall not be discharged by tribunals or commissions. : BG, singular: Bezirksgericht), with Regional Courts (Landesgerichte, abbrev. (2) Agreements between the States can only be made about matters of their autonomous sphere of competence and must without delay be brought to the Federal Government's knowledge. La rivoluzione del 1848 … (2) The Federal Government can within eight weeks from the day of an enactment's receipt at the Federal Chancellery enter a reasoned objection to a State Parliament enactment as endangering Federal interests. (3) A special federal law on the Federal Law Gazette will he promulgated. (2) The Chief Justice, the Vice-Chief Justice, and the other Justices of the Administrative Court are appointed by the Federal President on the proposal of the Federal Government. ad hoc, i quali operano come garanti della Costituzione: possibilità di . (1) The federal territory comprises the territories of the Federal States. A substitute will be appointed for each member. Each of the three parties with the largest number of votes in the House of Representatives (Nationalrat) is entitled to nominate one member for this recommendation. (3) Notwithstanding the power otherwise vested in the Federal President in accordance with Article 70 (1), the Federal Government or its individual members shall in the legally specified contingencies or at their own wish be removed from office. (2) The Ombudsmen Council is ex officio entitled to investigate its suspicions of maladministration by the Federation including its activity as a holder of private rights. The Ombudsmen Council can issue to the authorities entrusted with the Federation's highest administrative business recommendations on measures to be taken in or by reason of a particular case. The latter, should he not himself be conducting the relevant business of the indirect Federal administration, is responsible (Article 142 (2)(d)) for passing the instruction in writing without delay and unaltered to the State Government member concerned and for supervising its implementation. (4) Meetings of the County Parliament are public, but provision can be made for exceptions. This applies analogously in the case of decisions in accordance with Paragraph (2). The alternation of service will take place with the agreement of the authorities competent to exercise the service prerogative. The Constitution of Austria was eventually reinstated on May 1, 1945, Austria having reestablished itself as an independent republic shortly before Nazi Germany's definitive collapse. All such complaints must be investigated by the Ombudsmen Council. (3) After a dissolution pursuant to Paragraph (2) as well as after expiry of the period for which the House of Representatives (Nationalrat) has been elected, the legislative period lasts until the day on which the newly elected House of Representatives (Nationalrat) meets. (3) The temporary suspension of judges from office may take place only by decree of the senior judge or the higher judicial authority together with simultaneous reference of the matter to the competent court. The expenditure requisite to the fulfillment of legal liabilities shall be defrayed in accordance with maturity. (2) The result of a referendum shall be officially announced. History. (3) In the following matters framework legislation is the business of the Federation, the issue of implementing laws and execution the business of the States: (4) In the following matters legislation and execution is the business of the States: (6) Public schools are those schools which are established and maintained by authorities so required by law. (1) The federal capital and seat of the highest federal authorities is Vienna. The service code will provide details. (1) The Constitutional Court consists of a Chief Justice, a Vice-Chief Justice, twelve additional Justices, and six substitute Justices. It is split up over many different acts. Every piece of State must form part of a County. (2) Intermediate customs barriers or other traffic restrictions may not be established within federal territory. Austria's presidents are largely content with their ceremonial role, If the House of Representatives (Nationalrat) 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. (3) After expiry of the legislative period of a State Parliament or after its dissolution, the members delegated by it to the Senate (Bundesrat) remain in office until such time as the new State Parliament has held the election to the Senate (Bundesrat). (1) The States succeed each other in alphabetical order every six months in the presidency of the Senate (Bundesrat). (3) A referendum takes place at the order of the Federal President. The internal organization of the Parliamentary Staff for matters of the Senate (Bundesrat) shall be settled in agreement with the President of the Senate (Bundesrat) who is likewise invested with authority to issue instructions as to implementation of the functions assigned to the Senate (Bundesrat) on the basis of this law. How long, in view of the possibility of such a challenge, it is necessary to retard publication of the law about which a referendum took place, can also be enacted by Federal law. Originally, the B-VG was very parliamentarian in character. (1) Legislative proposals are submitted to the House of Representatives (Nationalrat) either as motions by its members or as Federal Government bills. The enabling ordinances in respect of such federal laws, save as provided otherwise herein, shall be issued by the Federation. (4) The establishment of federal authorities for matters other than those specified in Paragraph (2) above can ensue only with the sanction of the States concerned. The rescission enters into force on the day of publication if the Court does not set a deadline for the rescission. Such ordinances may not violate existent laws and ordinances of the Federation and State. (2) Furthermore, the following powers -- notwithstanding the powers assigned to him by other provisions of this Constitution -- are vested in the President: (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. This agreement is not requisite if the establishment concerns an agricultural and forestry school which is to be organizationally linked to a school for the training and supplementary training of teachers and agricultural and forestry schools to ensure provision of the demonstrations scheduled in their curricula. 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. Voting shall be adjourned until the next working day but one if one fifth of the members present so demands. (2) The Constitutional Court can, before the proceedings, decide to reject a hearing of the complaint if it has no reasonable prospect of success. (1) The Auditing Board is directly subordinate to the House of Representatives (Nationalrat). The Ombudsmen Council shall annually render the House of Representatives (Nationalrat) a report on its activity. The authority concerned must seek a ruling by the House of Representatives (Nationalrat) 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. An administrative civil servant with legal training will be appointed to take charge as State Administrative Director of the State Government Office's internal services. The State-Governor has a member of the State Government as Deputy State-Governor selected by the State Government to substitute him. The State or, according to the statutory provisions, the County, or a County Association is the authority so required by law in so far as legislation or implementing legislation and execution in matters of establishment, maintenance and dissolution of public schools are the business of the State. From forfeiture of the office of president of the State school board ensues forfeiture of the office with which pursuant to Article 81a (3)(b) it is linked. (9) The County has the status of a party to supervisory authority proceedings; it is entitled to lodge complaints with the Administrative Court (Articles 131 and 132) and with the Constitutional Court (Article 144) against the supervisory authority. 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. : LG, singular: Landesgericht) serving as courts of appeal and the Supreme Court (Oberster Gerichtshof, abbrev.       { Reinstated in: 1945 }. (3) The meetings of the Senate (Bundesrat) are public. (1) The highest executive authorities are the Federal President, the Federal Ministers and the Secretaries of State, and the members of the State Governments. Article 59 (2), (3) and (5) as well as Article 139 (2) to (6) apply analogously. The Court also pronounces whether laws are unconstitutional when an application alleges direct infringement of personal rights through such unconstitutionality in so far as the law has become operative for the applicant without the delivery of a judicial decision or the issue of a ruling. In other respects, the provision of the last Federal Finance Act, in so far as they do not concern figures relating to the administration of public funds remain analogously in force for the above-mentioned two months. (1) The Federation has powers of legislation and execution in the following matters: (2) In federal laws on the right of succession to undivided farm estate as well as in federal laws promulgated in accordance with Paragraph (1) no.10, State legislatures can be empowered to issue implementing provisions with respect to individual provisions which must be specifically designated. (5) The Auditing Board shall inform the Mayor of the result of its examination for submission to the County Parliament and for the delivery of possible comment which must be made within three weeks. The senior official of the authority concerned or a deputy delegated by him, who must have legal training, presides. (2) The Federal State is composed of the autonomous States of Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tirol, Vorarlberg, and Vienna. Such an ordinance requires the countersignature of the Federal Government. (2) The Deputy Prime Minister (Vizekanzler) is entitled to deputize for the Federal Prime Minister (Bundeskanzler) in his entire sphere of competence. The 1848 revolutions in Austria came to an end, restoring order in the Empire. Competence for the settlement of matters which, pursuant to Articles 118 and 119, are to be performed by the Counties, will be determined in accordance with the general provisions of this Federal Constitutional Law. (3) The provisions of Article 33 apply for the sessions of the Federal Assembly. It also pronounces on application by the Federal Government whether ordinances issued by a State authority are contrary to law, and likewise on application by the County concerned whether ordinances issued by a County supervisory authority in accordance with Article 119a (6) are contrary to law. (2) If Federal or State law has appointed for decision in the last instance a tribunal whose rulings are, according to the provisions of the law, not subject to rescission or alteration through administrative authorities and whose membership includes at least one judge, the other members of this tribunal are likewise bound by no instructions in the exercise of their office. (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. Exertion of these emergency powers is a two-step process: first the National Council requests the president to be impeached or subjected to referendum, then the members of the National Council and the Federal Council convene in joint session, thus forming the National Assembly, and decide on the National Council's motion. Civil courts do not try suits against the federation or its states in their capacity as administrative units, but only when acting in the form of private law. 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. La genesi è nella Costituzione austriaca … Given the fact that the Constitutional Court has begun to interpret the B-VG's equal treatment clause and other constitutional rights rather broadly since at least the early 1980s, civil rights are, as a general matter, relatively well protected. No member of the Auditing Board may be a participant in the management and administration of enterprises subject to control by the Auditing Board. (2) The newly elected House of Representatives (Nationalrat) shall be convened by the Federal President within thirty days after the election. Establishment of the fact entails loss of membership or the status of substitute membership. The subordinate officer can refuse compliance with an instruction if the instruction was given by an authority not competent in the matter or compliance would infringe the criminal code. (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) The Federal Ministries and the authorities subordinate to them shall perform the business of the Federal administration. (1) Austria subscribes to universal national defence. The legislative power of the Federation is exercised by the House of Representatives (Nationalrat) jointly with the Senate (Bundesrat). After elections, it is customary for the President to ask the leader of the strongest party to become chancellor and form a cabinet. 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. (4) The formation of County Associations for specific purposes can be planned on the basis of the competent legislation (Articles 10 to 15). (10) In matters of the school authorities of the Federation in the States and political Districts, compulsory schooling, school organization, private schools, and the relationship between school and the Churches including religious instruction at school, the House of Representatives (Nationalrat), in so far as matters of universities and fine arts academies are not concerned, can adopt federal legislation only in the presence of at least half the members and by a two thirds majority of the votes cast. The 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. In 1934, following years of increasingly violent political strife and gradual erosion of the rule of law, the ruling Christian Social Party, which by then had turned to full-scale Austrofascism, formally replaced the constitution by a new basic law defining Austria as an authoritarian corporate state. A request by members of the House of Representatives (Nationalrat) or by the Senate (Bundesrat) does not require a recommendation by the Federal Government. La Repubblica di San Marco fu uno Stato costituito a Venezia il 22 marzo del 1848 a seguito dell'insurrezione della città, che aveva avuto inizio il 17 marzo dello stesso anno, contro il governo austriaco. (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 Article 142, is proffered against the Federal President. (2) The President of the Auditing Board appoints the auxiliary personnel. The examination shall extend to the arithmetical correctness, compliance with existing regulations, and the employment of thrift, efficiency, and expediency in the financial administration. La presenza mili-tare austriaca a Milano era munitissima e comandata dal generale RADET- ZKY, ma la città intera combatté per le vie … Ideatore della rivolta e figura chiave della Repubblica fu l'avvocato veneziano Daniele Manin. This does not apply if rescission of the whole law manifestly runs contrary to the legitimate interests of the litigant who has filed an application pursuant to the last sentence in Paragraph (1) or whose suit has been the occasion for the initiation of ex officio examination proceedings into the law. In so far as such County Associations are to undertake matters within the County's own sphere of competence, the members of the County Association shall be accorded decisive influence upon the performance of the association's functions. It also tries disputes between the federation and its member states, demarcation disputes between other courts and impeachments of the federal president (serving as State Court in that matter.). (6) In so far as framework legislation has been reserved to the Federation, detailed implementation within the framework laid down by federal law is incumbent on State legislatures. legislativo. If, however, the Court concludes that the whole law was enacted by a legislative authority unqualified in accordance with the allocation of competence or published in an unconstitutional manner, it shall rescind the whole law as unconstitutional. (3) The Ombudsmen Council chairmanship rotates annually between the members in the sequence of the voting strength possessed by the parties who have nominated them. If they seek a seat in the House of Representatives (Nationalrat), they shall be granted the requisite free time. After the new constitution had been adopted in 1920 it was also entitled to revise national laws according to the constitution. (3) The number of members to be delegated by each State accordingly will be re-calculated after every general census by the Federal President.