(7) If a law has been rescinded on the score of unconstitutionality or if the Constitutional Court has, pursuant to Paragraph (4), pronounced a law unconstitutional, all courts and administrative authorities are bound by the Court's decision. Unlike with court systems such as that of the United States federal judiciary, parties have a statutory right to appeal. (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. Nevertheless, only persons eligible for the State Parliament can be elected to membership of the State Government. The president was also to be vested with the authority to dissolve the parliament, a power typically not held by heads of executive branches of parliamentary republics. In so far as in accordance with this paragraph the States are not competent, the aforementioned matters fall within the competence of the Federation. As soon as the State has issued the implementing legislation the federal implementing legislation becomes invalidated. (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. La presenza mili-tare austriaca a Milano era munitissima e comandata dal generale RADET- ZKY, ma la città intera combatté per le vie … (2) The result of a referendum shall be officially announced. (7) The Auditing Board shall also, at the substantiated request of the competent State Government, examine in individual cases the financial administration of Counties with less than 20,000 inhabitants and inform the State Government of the result of this examination. The details are settled by law. He may issue ordinances inasmuch as these exclusively concern administrative matters regulated by this Article. A civil servant with legal training shall be appointed to take charge as Magistrate Director of the Magistrate's internal services. (2) The addition of a religious assertion is admissible. The Austrofascist constitution was in force until Austria was annexed by Nazi Germany in 1938, ceasing to exist as a sovereign state. (1) All federal nationals are equal before the law. No one shall be called to account for publishing true accounts of proceedings in the public sessions of the House of Representatives (Nationalrat) and its committees. (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. The deadline may not exceed two years in the case of treaties specified in Article 50 and one year in the case of all others. Since the parties controlling the National Council consistently also hold a majority in the Federal Council, the latter gives its blessing to essentially everything the former has adopted. Assignment does not extend to the right to issue ordinances in accordance with Paragraph (6). 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. The Counties concerned shall be given a hearing prior to the formation of County Associations by way of an executive measure. 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. (3) A County is guaranteed official responsibility in its own sphere of competence particularly for performance of the following matters: (4) The County shall perform the business for which it is competent within the framework of the laws and ordinances of the Federation and the State on its own responsibility free from instructions and -- subject to the provisos of Article 119a (5) -- to the exclusion of legal redress to administrative authorities outside the County. (4) Eligible for election is every qualified voter who has completed his/her twenty first year of life before the day appointed prior to the election. 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. (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. In the State Vienna the chain of appeal in matters of the indirect Federal administration, unless precluded by federal law, is from the Magistrate acting as District administrative authority or, in so far as federal authorities are in the first instance entrusted with their execution (Article 102 (1) second sentence), from them to the Mayor in his capacity as State-Governor; in other respects Article 103 (4) applies. Such an ordinance shall be rescinded as soon as the reason for its issue has ceased. 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. The ordinance shall, however, continue to apply to the circumstances effected before the rescission, the case in point excepted, unless the Court in its rescissory judgment decides otherwise. (2) On the occasion of the republication: (3) From the day following issue of the republication all courts and administrative authorities are bound by the restated text of the federal law in respect of facts materializing thereafter. (2) Save as otherwise provided by constitutional law, an enactment can be authenticated and published only if the Senate (Bundesrat) has not raised a reasoned objection to this enactment. (1) The members of the Senate (Bundesrat) and their substitutes are elected by the State Parliaments for the duration of their respective legislative periods in accordance with the principle of proportional representation, but at least one seat must fall to the party having the second largest number of seats in a State Parliament or, should several parties have the same number of seats, the second highest number of votes at the last election to the State Parliament. On its head, the eagle bears a mural crown with three visible merlons. The provisions of Articles 87 (1) and (2) and 88 (2) apply to them. (1) Apart from the cases stated in Articles 60 (6), 63 (2), 64 (4), and 68 (2), the Federal Assembly is convoked by the Federal President. The latter does not include the period when the House of Representatives (Nationalrat) is not in session. In reality, all that is needed is a majority of two-thirds in the National Council. Detailed provisions about the electoral procedure and compulsory voting, if necessary, will be made by federal law. : LG, singular: Landesgericht) serving as courts of appeal and the Supreme Court (Oberster Gerichtshof, abbrev. (1) Hearings in civil and criminal cases are oral and public. (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. (1) The members of a State Parliament enjoy the same immunity as the members of the House of Representatives (Nationalrat), the provisions of Article 57 apply analogously. The publication on the rescission of the law shall also announce whether and which legal provisions again enter into force. (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. In so far as such an ordinance is meant to assign competence to a Federal authority, it requires the approval of the Federal Government. (5) The Auditing Board shall inform the State Government of the result of its examination for submission to the State Parliament and for the delivery, if need be, of comment which must be made within three weeks. In cases considered particularly grave or technically involved, the Regional Courts serve as courts of first instance and specialized Regional Courts of Appeal (Oberlandesgerichte, abbrev. (2) The State Governments shall annually transmit to the Auditing Board the budget estimates and the final budget accounts. Official secrecy is inoperative in the case of the Ombudsmen Council. (3) Supreme command over the Federal Army is exercised by the competent Federal Minister (Article 76 (1)). After the U.S. and the British Dominions (such as Canada and Australia), where the regular court system is in charge of judicial review, Austria was one of the earliest countries to have judicial review at all (although the Czechoslovak Constitution came into force earlier, the establishment of the Court's new rights itself predated the Czechoslovak Court by a couple of months[4]). They are, except for differing regulations by Constitutional laws, bound by the instructions of their superiors and responsible to these for the exercise of their office. The election takes place in accordance with proportional representation notwithstanding inclusion of at least one member of every party belonging to the Main Committee. Provided that the bill in question neither amends the constitution such that states' rights are curtailed nor in some other way pertains to the organization of the legislature itself, the National Council can force the bill into law even if the Federal Council rejects it; a National Council resolution overruling a Federal Council objection merely has to meet a higher quorum than a regular resolution. (2) The House of Representatives (Nationalrat)'s Standing Orders are applied analogously in the Federal Assembly. Le grandi manifestazioni popolari iniziate a Berlino il 18 marzo 1848 costrinsero il re Federico Guglielmo IV di Prussia a concedere la libertà di stampa e a convocare un Parlamento prussiano (Landtag). Ideatore della rivolta e figura chiave della Repubblica fu l'avvocato veneziano Daniele Manin. In such case the new election shall be so arranged by the Federal Government that the newly elected House of Representatives (Nationalrat) can at the latest meet on the hundredth day after the dissolution. 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. 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. messa (16 marzo 1848) e poi concessa (25 aprile) costituzione austriaca 1 lasciava sperare nella soddisfazione delle loro aspira\x=req-\ zioni. A suit can be brought against the persons mentioned in Article 142 also on the score of actions involving penal proceedings connected with the activity in office of the individual to be arraigned. (2) Legislation or a treaty requiring sanction in accordance with Article 50 (1) can transfer specific federal competencies to intergovernmental organizations and their authorities and can within the framework of international law regulate the activity of foreign states' agents inside Austria as well as the activity of Austrian agents abroad. (8) federal laws on matters pursuant to Paragraph (4) can be passed by the House of Representatives (Nationalrat) only ill the presence of at least half the members and by a two thirds majority of the votes cast. (2) The Ombudsmen Council must observe official secrecy to the same degree as the authority whom it has approached in the fulfillment of its tasks. (3) The Auditing Board also examines the financial administration of enterprises where the State is either the sole participant or holds at least fifty per cent of the share capital together with other legal entities falling within the competence of the Auditing Board or where the State is either their sole or joint operator with other such legal entities. Bills passed by both houses (or passed by the National Council and ignored by the Federal Council) are ultimately signed into law by the federal president. (2) The Chief Justice, the Vice-Chief Justice, six additional Justices, and three substitute Justices are appointed by the Federal President on the recommendation of the Federal Government; these members shall be selected from among judges, administrative officials, and professors holding a chair in law. (1) The Auditing Board is competent to examine the administration of public funds by Federation, States, County Associations, Counties and other legal entities determined by law. (2) The Senate (Bundesrat) furnishes itself with Standing Orders by way of resolution. In such a case the law will lay down within which period judges can, without the formalities otherwise prescribed, be transferred and superannuated. Article 50 (3) shall by analogy be applied to such resolutions of the House of Representatives (Nationalrat); they shall he published in the federal law Gazette. (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. In recent years, an increasing number of tribunals of a judicial nature (article 133 point 4 B-VG) hade been introduced in a number of areas to improve the review of the conduct of administrative authorities. In Vienna, the State school board shall also undertake the duties of the District school board and be known as the Vienna City School Board. (2) The State has the right to examine the financial administration of a County with respect to its thrift, efficiency, and expediency. Establishment of the fact entails loss of membership or the status of substitute membership. (6) If a law is rescinded as unconstitutional by a judgment of the Constitutional Court, the legal provisions rescinded by the law which the Court has pronounced unconstitutional become effective again, unless the judgment pronounces otherwise, on the day of entry into force of the rescission. Legislation and execution in matters of employee protection for functionaries (Paragraph (1)) and to staff representation of States functionaries, in so far as they are not engaged in public enterprises, are incumbent on the States. Admission to public school is open to all without distinction of birth, sex race, status, class, language and religion, and in other respects within the limits of the statutory requirements. (5) Federal law shall determine what effects an application pursuant to Paragraphs (2), (3), or (4) has on the pending legal proceedings. He also had the authority to formally appoint the chancellor and the cabinet. (2) If States create agencies in the sphere of State administration with tasks similar to the Ombudsmen Council, State constitutional law can prescribe a provision corresponding to Articles 148e and 148f. The details can be settled by federal laws promulgated under Articles 11, 12, 14 (2) and (3), and 14a (3) and (4). Federal legislative powers are vested in a body the constitution refers to as a parliament. Their composition and appointment will be prescribed by State law. Should the Federal Government have left office, the Federal President shall entrust members of the outgoing Government or senior civil servants of the Federal departments with continuation of the administration and one of them with the chairmanship of the provisional Federal Government until the formation of the new Federal Government. il . The complaint can only be filed after all other stages of legal remedy, in so far as such come into consideration, have been exhausted. (3) The provisions of Article 42 (1) to (4) and, should constitutional law be modified or complemented by the treaty, the provisions of Article 44 (1) apply analogously to resolutions of the House of Representatives (Nationalrat) in accordance with Paragraphs (1) and (2). (3) In so far as a County'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 States, the right of supervision shall be exercised by the authorities of the ordinary public administration. BVG, i.e. (6) The immunity of members ends with the day of the meeting of the newly elected House of Representatives (Nationalrat), that of functionaries of the House of Representatives (Nationalrat) whose tenure of office extends beyond this date on the expiry of this term of office. The legislative power of the Federation is exercised by the House of Representatives (Nationalrat) jointly with the Senate (Bundesrat).