Constitution

Austria 1920 Constitution (reinstated 1945, reviewed 2013)

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Table of Contents

Chapter I General Provisions. European Union

A. General Provisions

Article 1

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

Article 2

  1. Austria is a federal state.
  2. The Federal State is composed of the autonomous Laender of Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tirol, Vorarlberg and Vienna.
  3. Changes in the composition of the Laender or a restriction of the involvement of the Laender provided for in this para and in Article 3 also require constitutional regulations of the Laender.

Article 3

  1. The Federal territory comprises the territories of the Federal Laender.
  2. State treaties changing the Federal boundaries may only be concluded with the approval of the Laender affected.
  3. Modifications of boundaries within the Federal territory require concurrent laws of the Federation and the Laender affected. Ratifications of boundaries within the Federal territory only require concurrent laws of the Laender affected.
  4. Resolutions of the National Council on modifications of boundaries according to para 2 and 3, to the extent they do not concern retification of boundaries, require at least the votes of half of the members and the majority of two thirds of the votes cast.

Article 4

  1. The Federal territory is a uniform currency, economic and customs area.
  2. Intermediate customs barriers or other traffic restrictions may not be established within Federal territory.

Article 5

  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, relocate the seat of the highest Federal authorities to another location in the Federal territory.

Article 6

  1. For the Republic of Austria there prevails a uniform nationality.
  2. Nationals are citizens of the Land where they have their principal domicile; Land laws can however stipulate that also nationals who have a domicile, but not their principal domicile, in the Land are citizens of that Land.
  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 pertaining to holding the election of the Federal President, of 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 pertaining to holding referenda, plebiscites and public opinion polls on the basis of the federal constitution or the constitution of a Land, as well as in matters of the direct participation of those entitled to elect the municipal council in handling the matters of their own sphere of competence of the municipality, for the duration of a detention or arrest in the sense of the Federal Constitutional Act on the protection of personal liberty, Federal Law Gazette No. 684/1988, the last residences, outside the place of arrest or detention, or the last main residence, outside the place of arrest or detention, before the detention or arrest are deemed to be the residences resp. main residence of the person detained or arrested.

Article 7

  1. All nationals are equal before the law. Privileges based upon birth, sex, estate, class or religion are excluded. No one shall be discriminated against because of his disability. The Republic (Federation, Laender and municipalities) commits itself to ensuring the equal treatment of disabled and non-disabled persons in all spheres of everyday life.
  2. The Federation, Laender and municipalities subscribe to the de-facto equality of men and women. Measures to promote factual equality of women and men, particularly 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

  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, Laender 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

  1. The colours of the Republic of Austria are red-white-red. The flag consists of three identically broad horizontal stripes of which the intermediate is white, the upper and the lower are red.
  2. The coat of arms of the Republic of Austria (the Federal coat of arms) consists of an unfettered, single-headed, black, gilt-armed and red-tongued 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 colours, the coat of arms, and the seal of the Republic, are settled by Federal law.

Article 9

  1. The generally recognized rules of international law are regarded as integral parts of Federal law.
  2. By Law or state treaty having been approved according to Article 50 para 1 may transferred specific Federal competences to other states or intergovernmental organizations. The same way the activity of agents of foreign states or intergovernmental organizations inside Austria and the activity of Austrian agents abroad may be regulated as well as the transfer of single Federal competences of other states or intergovernmental organizations to Austrian agents be provided for. Within this frame it may be provided for that Austrian agents shall be subject to the authority of agents of other states or intergovernmental organizations or such be subject to the authority of Austrian agents.

Article 9a

  1. Austria subscribes to comprehensive 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 are 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 national is liable to military service. Female nationals may render voluntary service in the Federal Army as soldiers and have the right to terminate such service.
  4. Conscientious objectors who refuse the fulfilment of compulsory military service and are exonerated therefrom must perform an alternative service (civilian service).

Article 10

  1. The Federation has powers of legislation and execution in the following matters:
    1. the Federal Constitution, in particular elections to the National Council, and popular petition, public referendum and public plebiscite as provided by the Federal Constitution; the Constitutional Court; the Administrative Court; with the exception of the organization of the administrative courts of the Laender:
    2. elections for the European parliament; European citizen action groups;
    3. external affairs including political and economic representation with regard to other countries, in particular the conclusion of international treaties, notwithstanding Laender competence in accordance with Article 16 para 1; demarcation of frontiers; trade in goods and livestock with other countries; customs;
    4. 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
    5. Federal finances, in particular taxes to be collected exclusively or in part on behalf of the Federation; monopolies;
    6. the monetary, credit, stock exchange and banking system; the weights and measures, standards and hallmark system;
    7. 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 Laender; 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 Laender; matters pertaining to notaries, lawyers, and related professions;
    8. the maintenance of peace, order and security including the extension of primary assistance in general, but excluding 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 fire­arms;
    9. 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, but with the exception of those in the field of agriculture and forestry;
    10. 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;
    11. mining; forestry, including timber flotage; 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 pertaining to electric power transmission in so far as the transmission extends over two or more Laender; matters pertaining to steam and other power-driven engines; surveying;
    12. labour legislation in so far as it does not fall under Article 12; social and contractual insurance; legal provisions of social compensation; fostering money; chambers for workers and salaried employees with the exception of those relating to agriculture and forestry;
    13. public health with the exception of burial and disposal of the dead and municipal 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 transgression of emission limits; clear air maintenance notwithstanding the competence of the Laender 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; regulation of 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, likewise their acceptance;
    14. 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 Laender 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 Land only; endowments and foundations when their purposes extend beyond a single Land’s sphere of interests and they have hitherto not been autonomously administered by the Laender;
    15. 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.
    16. military affairs; matters pertaining to civilian service; war damage; 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;
    17. the establishment of Federal authorities and other Federal agencies; service code for and staff representation rights of Federal employees;
    18. population policy in so far as it concerns the grant of children’s allowances and the creation of burden equalization on behalf of families;
    19. (Note: repealed by F.L.G. I No. 12/2012)
  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 subpara 10 above Land legislatures can be empowered to issue implementing provisions with respect to individual provisions which must be specifically designated. The provisions of Article 15 para 6 shall be analogously applied to these Land laws. 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 Land law, need foregoing agreement with the Land government concerned.
  3. The Federation must allow the Laender opportunity to present their views before its conclusion of treaties which within the meaning of Article 16 render necessary enabling measures or affect the autonomous sphere of competence of the Laender in another way. Is the Federation in possession of a uniform comment by the Laender, the Federation is bound thereby when concluding the state treaty. It may deviate therefrom only for compelling foreign policy reasons; the Federation must advise the Laender of these reasons without delay.
  4. (Note: Repealed by F.L.G. No. 1013/1994)
  5. (Note: Repealed by F.L.G. No. 1013/1994)
  6. (Note: Repealed by F.L.G. No. 1013/1994)

Article 11

  1. In the following matters legislation is the business of the Federation, execution that of the Laender:
    1. nationality;
    2. professional associations in so far as they do not fall under Article 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 Laender autonomous competence;
    3. social housing affairs except for 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, with the exception of the exercise of hunting or fishing.
  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 Laender, are prescribed by Federal law; divergent regulations can be made in Federal or Laender 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 shall be issued, save as otherwise provided in these laws, by the Federation. The manner of publication for enabling ordinances whose issue by the Laender in matters concerning para 1, subparas 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 Laender, depending on whether the business which forms the subject of the procedure is a matter for execution by the Federation or the Laender.
  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 Land 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 shall likewise prescribe the citizens´ 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 projects specified in Article 10 para 1 subpara 9. In respect of the execution of these regulations para 4 applies.
  7. In the matters specified in para 1 subpara 7 and 8 the following powers are vested in the Federal Government and in the individual Federal ministries as against a Land Government:
    1. the power to inspect via Federal agencies documents of the Land 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

  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 Laender:
    1. social welfare; population policy in so far as it does not fall under Article 10; public social and welfare establishments; maternity, infant and adolescent welfare; hospitals and nursing homes; requirements to be imposed for health reasons on health resorts, sanatoria, and health establishments; natural curative resources;
    2. public institutions for the adjustment of disputes out of court;
    3. land reform, in particular land consolidation measures and resettlement;
    4. the protection of plants against diseases and pests;
    5. matters pertaining to electric power in so far as they do not fall under Article 10;
    6. labour legislation and the protection of workers and employees in so far as it is a matter of workers and employees engaged in agriculture and forestry.
  2. Fundamental laws and fundamental provisions in Federal legislation shall be expressly specified as such.

Article 13

  1. The competences of the Federation and the Laender in the field of taxation will be prescribed in a special Federal constitutional law (“Constitutional Finance Law”).
  2. The Federation, the Laender, 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, Laender and municipalities have to aim at the equal status of women and men in the budgeting.

Article 14

  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 and student hostels are the business of the Federation. The matters settled in Article 14a do not belong to schooling and education within the meaning of this Article.
  2. Save as provided otherwise by para 4 subpara a below, legislation is the business of the Federation, execution the business of the Laender in matters pertaining to the service code for and staff representation rights of teachers at public compulsory schools. Such Federal laws can empower Land legislatures to issue implementing provisions to individual provisions which shall be precisely specified; in these instances the provisions of Article 15 para 6 apply analogously. The enabling ordinances in respect of such Federation laws, save as provided otherwise herein, shall 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 Laender:
    1. composition and disposition, including their members’ appointment and remuneration, of the boards to be constituted as part of the Federal school authorities;
    2. framework organization (structure, organizational forms, establishment, maintenance, dissolution, local districts, sizes of classes and instruction periods) of public compulsory schools;
    3. framework organization of publicly maintained student hostels provided exclusively or mainly for pupils of compulsory schools;
    4. professional employment qualifications for kindergarten teachers and educational assistants to be employed by the Laender, 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 Laender:
    1. 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; the Laender laws shall provide that the Federal school authorities must participate in appointments, other selections for service positions, and awards as well as in eligibility and disciplinary proceedings. The participation in appointments, other selections for service positions, and awards shall at all events comprise a right of nomination on the part of the primary level Federal school authority; in the laws of the Land can be established that the service prerogative over teachers for public compulsory schools is fulfilled by the respective school agency of the Federation, which is bound by instructions of the Land government.
    2. 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:
    1. 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;
    2. publicly maintained student hostels intended exclusively or mainly for pupils of the practice schools mentioned in subpara a above;
    3. the service code for and staff representation rights of teachers, educational assistants and kindergarten teachers at the public institutions mentioned in subparas a and b above.
  6. 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 shall 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.
  7. Schools are institutions in which pupils shall be 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 Land or, according to the Laender 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 Land. 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 analogously to kindergartens, day homes and student hostels.
  8. 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 shall be provided for the secondary schools.
  9. Private schools are other than public schools; they shall be accorded public status according to the statutory provisions.
  10. The compulsory school attendance is at least nine years and also compulsory vocational school attendance exists.
  11. The Federation is entitled, in matters which in accordance with paras 2 and 3 appertain to the execution by the Laender, to obtain information about adherence to the laws and ordinances issued on the basis of these paragraphs and can for this purpose delegate officials to the schools and student hostels. Should shortcomings be observed, the Governor can be instructed (Article 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 authority acting on behalf of the Land in its autonomous sphere of competence.
  12. 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 Laender, 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.
  13. 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 National Council, in so far as matters pertaining to universities and colleges are not concerned, can vote Federal legislation only in the presence of at least half the members and by a two thirds majority of the votes cast. The same applies if the principles of para 6a shall be left aside and to the ratification of state treaties negotiated in the matters mentioned above and which fall into the category specified in Article 50.
  14. (Note: Repealed by Article I subpara 2 BVG, F. L. G. No. 316/1975)

Article 14a

  1. Save as provided otherwise in the following paragraphs, legislation and execution are the business of the Laender 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. Matters pertaining to college and university training do not fall under agricultural and forestry schooling.
  2. Legislation and execution is the business of the Federation in the following matters:
    1. secondary agricultural and forestry schools and schools for the training and supplementary training of teachers at agricultural and forestry schools;
    2. technical colleges for the training of forestry employees;
    3. public agricultural and forestry technical colleges linked organizationally to one of the public schools mentioned in subparas a and b above or to a Federal agricultural and forestry research institute to ensure provision of the demonstrations scheduled in the curricula;
    4. student hostels exclusively or mainly designated for pupils of the schools mentioned in subparas a to c above;
    5. service code for and staff representational rights of the teachers and educational assistants in the establishments mentioned in subparas a to d above;
    6. subsidies for staff expenditure of the denominational agricultural and forestry schools;
    7. 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 above, legislation is the business of the Federation, execution the business of the Laender in matters of
    1. religious instruction;
    2. 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.

    Land legislatures can be authorized in Federal laws promulgated by reason of the provisions under subpara b above to issue implementing provisions for individual regulations which shall be precisely specified; in this connection the provisions of Article 15 para 6 apply analogously. Enabling ordinances for the Federal laws shall, save as otherwise provided there, be 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 Laender
    1. 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 Land to the school in another Land;
    2. 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 Land to the school in another Land;
    3. 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 subpara b above;
    4. as regards the organization and competence of advisory boards who in the matters pertaining to para 1 above participate in the execution by the Laender.
  5. The establishment of the agricultural and forestry technical colleges and research institutes specified under para 2 subparas c and g above is only admissible if the Land government of the Land in which the vocational school resp. technical college is to have its location has agreed to the establishment. 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.
  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 Laender.
  7. The provisions of Article 14 paras Abs. 5a, 6, 6a, 7, 7a and 9 analogously also hold good for the spheres specified
  8. Article 14 para 10 holds good analogously.

Article 14b

  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
      1. the award of contracts by the Federation;
      2. the award of contracts by endowments, funds and institutions in the sense of Article 126b para 1;
      3. the award of contracts by enterprises in the sense of Arts. 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 Laender;
      4. the award of contracts by self-governing bodies corporate established by Federal law;
      5. the award of contracts by legal entities not mentioned in lit. a to d and subpara 2 lit. a to d;
        1. financed by the Federation, if the financial contribution of the Federation is at least equal to the one of the Laender;
        2. which regarding the management are subject to the control by the Federation, to the extent the award is not subject to sublit. aa or subpara 2 lit. e sublit. aa;
        3. whose administrative-, managing- or supervising bodies consist of members having been appointed by the Federation, if the Federation has appointed at least an equal number of members like the Laender, to the extent the award is not subject to sublit. aa or bb or subpara 2 lit. e sublit. aa or bb;
      6. the joint award of contracts by the Federation and the Laender, to the extent not being subject to subpara 1 lit. f as well as the joint award of contracts by several Laender.
      7. the award of contracts by legal entities not being named in lit a to f and subpara 2;
    2. the business of the Laender regarding
      1. the award of contracts by the Land, the municipalities and associations of municipalities;
      2. the award of contracts by endowments, funds and institution in the sense of Article 127 para 1 and of Article 127 a para 1 and 8;
      3. the award of contracts by enterprises in the sense of Article 126b para 2, to the extend it is not subject to subpara 1 lit c, as well as the award of contracts by enterprises in the sense of Article 127 para 3 and of Article 127a para 3 and 8;
      4. the award of contracts by self-governing legal entities created by Laender law;
      5. the award of contracts by legal entities not being named in subpara 1 lit. a to d and lit. a to d;
        1. being financed by the Land alone or jointly with the Federation or other Laender, to the extent not being subject to subpara 1 lit. e sublit. aa;
        2. which regarding its management are subject to the control by the Land, to the extent the award is not subject to subpara 1 lit. e sublit. aa or bb or sublit. aa;
        3. whose administrative-, managing- or supervisory bodies consist of members having been appointed by the Land to the extent, not being subject to subpara 1 lit. e sublit. aa to cc or sublit. aa or bb;
      6. the joint award of contracts by the Federation and the Laender, to the extent not being subject to subpara 1 lit. f as well as the joint award of contracts by several Laender.

    Municipalities, without regard to the number of its inhabitants, are deemed to be legal entities which in the sense of subpara 1 lit. b and c and of subpara 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 tenderees in the sense of subpara 1 shall be allocated to the Federation and tenderees in the sense of subpara 2 to the respective Land. If according to subpara 2 lit. c, e or f several Laender are involved, the competence for the execution depends on the preponderance of the criterium which is or according to the respective litera (sublitera) of subpara 1 would be relevant for the delimitation of the competence for execution of the Federation from the one of the Laender, then from the seat of the tenderee, then from the focal location of the business activity of tenderee, then from the seat (main residence) of the awarding institution; if, however, the competence can thus not be determined, the participating Land is competent which at the time of the institution of the award procedure is or has most recently been chairing the Federal Council.

  3. Business of the Laender is the legislation and execution in the matters of review in the frame of awarding of contracts by tenderees in the sense of para 2 subpara 2.
  4. The Federation has to grant the Laender 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 Laender, may only be published upon approval of the Laender.
  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 Article 42a are to be applied accordingly to such execution ordinances.
  6. (Note: Repealed by F.L.G. I No. 51/2012)

Article 15

  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 Laender’s 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 (Article 103) . Inspectoral authorities of the Federation can for this purpose be delegated to the municipality; in each and every case the Governor shall be informed hereof.
  3. The provisions of Laender legislation in matters pertaining to theatres and cinemas, public shows, performances and entertainments shall assign, 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 Land, to the 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, except the local traffic police (Article 118 para 3 subpara 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 Land simultaneously is security authority of first instance, shall be assigned to the police directorate of the Land, shall be prescribed in corresponding laws of the Federation and the Land concerned.
  5. (Note: Repealed by F.L.G. I No. 51/2012)
  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 Land legislatures. The Federal law can fix for the issue of the implementing legislation a deadline which may not, without the consent of the Federal Council, be shorter than six months and not longer than one year. If a Land does not observe this deadline, competence for the issue of the implementing legislation passes from that Land to the Federation. As soon as the Land has issued the implementing legislation, the Federation becomes invalidated. If the Federation has not established any principles, Land legislation is free to settle such matters. As soon as the Federation has established principles, the provisions of Land legislation shall within the deadline to be appointed by Federal law be adjusted to the legislation as regards the principle law.
  7. (Note: Repealed by F.L.G. I No. 51/2012)
  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 Laender are authorized to make necessary provisions also in the field of criminal and civil law to regulate a matter.
  10. Land legislation which alters or settles along new lines the existent organization of the ordinary public administration in the Laender, may only be promulgated with the consent of the Federal Government. In such Land legislation cross-district border cooperation of district administrative authorities including towns with own charter (Article 116 para 3) especially also the transfer of competence of authorities may be provided,
    1. if it concerns procedures, which are not frequent and require a high extent of expertise, or.
    2. in order to facilitate the handling of competences out of office hours for the general public

Article 15a

  1. The Federation and the Laender 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 approval of the National Council. Article 50 para 3 shall by analogy be applied to such resolutions of the National Council; they shall be published in the Federal Law Gazette.
  2. Agreements between the Laender 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 shall 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 Laender in question.

Article 16

  1. In matters within their own sphere of competence the Laender can conclude 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 treaty. The Federal Government’s approval must be obtained by the Governor before their conclusion. The approval is deemed to have been given if the Federal Government has not within eight weeks from the day that the request for approval has reached the Federal Chancellery told the Governor that approval is withheld. The authorization to initiate negotiations and to conclude the treaty is incumbent on the Federal President after the recommendation of the Land Government and with the countersignature of the Governor.
  3. Treaties concluded by a Land in accordance with para 1 above shall be revoked upon request by the Federal Government. If a Land does not duly comply with this obligation, competence in the matter passes to the Federation.
  4. The Laender are bound to take measures which within their autonomous sphere of competence become necessary for the implementation of international treaties; should a Land 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 becomes invalid as soon as the Land 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 Laenders’ own sphere of competence. The powers vested in the Federation as against the Laender are in this instance the same as in matters pertaining to indirect Federal administration (Article 102).
  6. (Note: Repealed by F. L. G. No. 1013/1994)

Article 17

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 Laender as the holders of civil rights.

Article 18

  1. The entire public administration shall 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 National Council, becomes necessary to prevent obvious and irreparable damage to the community at a time when the National Council 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 National Council (Article 55, para 2). Such an ordinance requires the countersignature of the Federal Government.
  4. Every ordinance issued in accordance with para 3 above shall without delay be submitted by the Federal Government to the National Council which if it is not in session at this time shall be convened by the Federal President, but if it is in session by the President of the National Council on one of the eight days following the submission. Within four weeks of the submission the National Council must either vote a corresponding Federal law in place of the ordinance or pass a resolution demanding that the ordinance immediately become invalidated. In the latter case the Federal Government must immediately meet this demand. In order that the resolution of the National Council 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 Federal law on the National Council’s Standing Orders. 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 become 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 Laender or municipalities nor financial commitments for citizens nor an alienation of federal assets nor measures pertaining to matters specified in Article 10 para 1 subpara 11 nor, finally, such as concern the right of collective association or rent protection.

Article 19

  1. The highest executive authorities 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 authorities specified in para 1 above and other public functionaries can be restricted by Federal law.

Article 20

  1. Under the direction of the highest authorities of the Federation and the Laender elected functionaries, appointed professional functionaries or contractually appointed functionaries conduct the administration in accordance with the provisions of the laws. They are responsible to their superiors 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 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.
  2. By law functionaries may
    1. for expert review,
    2. to control the legality 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 implement and 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 functionaries. Laender constitutional laws may create further categories of functionaries being dispensed from instructions. By law a right of supervision of the highest authorities adequate to the task of the functionaries being dispensed from instructions is to be provided, at least the right of information about all acts of the activity of the functionary being dispensed from instructions and – to the extent the organs are not subject to subpara 2, 5 and 8 – the right to remove functionaries dispensed from instruction from office.

  3. All functionaries entrusted with Federal, Laender 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 asks for such information.
  4. All functionaries entrusted with Federation, Laender and municipal administrative duties as well as the functionaries of other public law corporate bodies shall 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 Laender and municipal authorities and the self-administration to be settled by Land law in respect of framework legislation, they are the business of the Federation while the implemental legislation and execution are Land business.

Article 21

  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 Laender, the municipalities, and the municipal associations are, save as provided otherwise in the case of all these matters by para 2 below, by Article 14 para 2 and para 3 subpara d and para 5 subpara c and Article 14a para 2 subpara e and para 3 subpara b incumbent on the Laender. 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 Laender functionaries, in so far as they are not engaged in enterprises, are incumbent on the Laender. In so far as in accordance with the first sentence the Laender are not competent, the aforementioned 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 highest authorities of the Federation. The service prerogative with regard to employees of the Laender is exercised by the highest authorities of the Laender; in so far as this law provides for appropriate exceptions with regard to employees of the Federation, it may be laid down by Land constitutional law that the service prerogative with regard to employees of the Land is exercised by equivalent authorities.
  4. The possibility of an alternation of service between the Federation, the Laender, 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 Land, 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 Laender, and the municipalities to develop along equal lines, the Federation and the Laender shall 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 a transfer or a change in the employment in so far as competence for the appointment is assigned pursuant to Article 66 para 1.
  6. In the cases of para 5 no one is entitled to an equal position.

Article 22

All authorities of the Federation, the Laender, the municipalities and the municipality associations as well as the other self-administrating entities are bound within the framework of their legal sphere of competence to render each other mutual assistance.

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Article 23

  1. The Federation, the Laender, 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.

B. European Union

Article 23a

  1. The members of the European Parliament shall in Austria be 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. Federal territory constitutes for elections to the European Parliament a single electoral body.
  3. Eligible for election are all those in Austria entitled to vote for the European Parliament having completed their eighteenth year of life on the day of election.
  4. Article 26 para 5 to 8 is to be applied accordingly.
  5. (Note: Repealed by F.L.G. I No. 27/2007)
  6. (Note: Repealed by F.L.G. I No. 27/2007)

Article 23b

  1. Public employees who seek a seat in the European Parliament shall be granted the time necessary for the canvassing of votes. Public employees who have been elected to membership of the European Parliament shall 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 shall be 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 National Council, these functions shall also be incompatible with membership or former membership of the European Parliament.

Article 23c

  1. The making of the Austrian presentations for the nomination of members of the European Commission, of members of the Court of Justice, the European Union, of members of the Court auf Auditors, of members of the Economic and Social Committee, of members of the Committee of Regions and their deputies and of members of the managing Committee 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, the Court of Auditors and the Managing Committee of the European Investment Bank the Federal Government has to inform the national council and the Federal President whom it intends to present. The Federal government shall reach agreement with the main committee of the National Council.
  3. Before making the presentations for the nomination of members of the Economic and Social Committee the Federal Government shall seek proposals from the statutory and other professional bodies of the various groups constituting the economic and social community.
  4. The presentations for the nomination of members of the Committee of Regions and their deputies shall be made by the Federal Government on the basis of presentations from the Laender as well as from the Austrian Association of Municipalities and the Austrian Communal Association. Each Land 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 shall inform the National Council whom it named pursuant to paras 3 and 4 and the Federal Council whom it named pursuant to paras 2, 3 and 4.

Article 23d

  1. The Federation must inform the Laender without delay regarding all projects within the framework of the European Union which affect the Laender’s 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 shall 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) (Article 115 para 3).
  2. If the Laender have presented a uniform comment on a project concerning matters where legislation is Land business, the Federation may in negotiations with and voting in the European Union only deviate from the uniform comment for compelling integration and foreign policy reasons. The Federation must advise the Laender of these reasons without delay.
  3. If a project affects also matters where legislation is Laender business, the Federal Government can assign 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 Laender. The exercise of this authority through the representative of the Laender 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 Laender representative is responsible to the National Council, in matters pertaining to Land legislation to the Land legislatures in accordance in respect with Article 142.
  4. The more detailed provisions in respect of paras 1 to 3 above shall be established in an agreement between the Federation and the Laender (Article 15a para 1).
  5. The Laender 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 Land fail to comply punctually with this obligation and this be established against Austria by a court within the framework 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, becomes invalid as soon as the Land has taken the requisite action.

Article 23e

  1. The competent Federal Minister shall without delay inform the National Council and the Federal Council about all projects within the framework of the European Union and afford them opportunity to vent their opinion.
  2. The competent Federal Minister has to inform the National Council and the Federal Council 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 National Council and the Federal Council are able to act within their competences according to this article.

  3. If the National Council has presented comments to 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 deviate in negotiations and votings in the European Union from such comment only for deviating integrating and foreign political reasons. If the competent Federal Minister intends to deviate from the comment of the National Council he has to contact the national Council 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 National Council does not object within adequate time. The competent Federal Minister has to report to the National Council immediately after the voting in the European Union and eventually name the reasons, for which he deviated from the comment.
  4. If the Federal Council has presented comments to a project aimed at passing a binding legal act which either requires the passing of Federal Constitutional regulations limiting the competence of the Laender in legislation and executive powers according to article 44 para 2, or contains regulations which can only be passed by such regulations, the competent Federal Minister may deviate from such comment in negotiations or voting in the European Union only for compelling international and foreign political reasons. A deviation however is only admissible if the Federal Council does not object within adequate time. The competent Federal Minister has to report to the Federal Council immediately after the voting in the European Union and to eventually name the reasons for which he deviated from such comment.

Article 23f

  1. The National Council and the Federal Council exert the competences as provided in the contract on the European Union, in the contract on the working style of the European Union and the protocols attached to these contracts, as amended, of the National Parliaments.
  2. Any Federal Minister reports to the National Council and the Federal Council 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 Act.
  4. The National Council and the Federal Council may express their wishes on projects of the European Union in comments to the organs of the European Union.

Article 23g

  1. The National Council and the Federal Council present their view in a founded comment to a drafted legal act in the frame of the European Union, for which reason the draft is incompatible with the subsidiarity principle.
  2. The National Council and the Federal Council can ask the competent Federal Minister to make a statement on the compatibility of drafts according to para 1 with the subsidiarity principle, which, in general, has to be presented within two weeks after the request has been served.
  3. The Federal Council is to inform the Laender Parliaments immediately on all drafts according to para 1 and give them the opportunity to make comments. When resolving a founded statement according to para 1, the Federal Council has to consider the comments of the Laender Parliaments and to inform them on such resolutions.

Article 23h

  1. The National Council and the Federal Council may resolve to raise claim against a legal act in the frame of the European Union at the Court of the European Union for violating the subsidiarity principle.
  2. The office of the Federal Chancellor sends the claim in the name of the National Council or the Federal Council immediately to the Court of the European Union.

Article 23i

  1. The Austrian member in the European Council may agree to an initiative according to article 8 para 7 of the Treaty on the European Union as amended by the Lisbon agreement only having been authorized by the National Council, with the approval of the Federal Council, on the basis of a proposal of the Federal Government. Such resolutions of the National Council and the Federal Council each require the presence of at least of the half of the number of 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 National Council, with the approval of the Federal Council, 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 shall be introduced, require the authorization by the National Council and the approval of the Federal Council; article 50 para 4 second phrase is to be applied accordingly. Other resolutions of the Council determining regulations on the system of own means of the European Union require the approval by the National Council. Article 23e para 2 is to be applied accordingly.
  4. Article 50 para 4 is to be applied accordingly 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 National Council and of the Federal Council under this article are to be published by the Federal Chancellor in the Federal Law Gazette.

Article 23j

  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 the European Union, as amended by the Lisbon-agreement, which provides in article 3 para 5 and in article 21 para 1 especially the observance of resp. respect for the principles of the charter of the United Nations. This includes the participation in duties according to article 43 para 1 of this contract and in measures by which the economic and financial relations to one or several third countries are suspended, restricted or completely severed. Article 50 para 4 is to be applied accordingly to resolutions of the European council concerning a common defence.
  2. Article 23e para 3 is to be applied accordingly to resolutions in the frame of the Common Foreign and Security Policy of the European Union on the basis of Title V chapter 2 of the contract on the European Union as amended by the Lisbon-agreement.
  3. The right of vote concerning resolutions on the start of a mission out of the European Union, the tasks of military consultation and support, tasks of conflict prevention and maintaining peace or combat operations in the frame of crisis management, including peacemaking measures and operations to stabilize the situation after conflicts, as well as on decisions under Article 42 para 2 of the Treaty on the European Union, as amended by the Treaty of Lisbon concerning the step by step determination of a joint defence policy, is to be exerted by coordination between the Federal Chancellor and 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 in accordance with 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

  1. More detailed provisions regarding article 23e, 23f para 1, 2 and 4 as well as 23g to 23j are made by federal act on the standing order of the National Council and the standing order of the Federal Council..
  2. The competences of the National Council under articles 23e, 23f para 4, 23g and 23j para 2 are incumbent on its Main Committee. The Federal Law on the standing order of the National Council may provide, that the main committee elects a permanent subcommittee, to which article 55 para 3 applies accordingly. The main committee may confer competences to this permanent subcommittee under to the first phrase. Such transfer can be revoked completely or partially any time. By the Federal Law t on the standing order of the National Council competences of the main committee may be transferred under the first phrase to the National Council or to the permanent subcommittee of the main council according to the second phrase.
  3. Competences of the Federal Council under articles 23e, 23f, para 4 and 23g may be transferred by the standing order of the Federal Council to a committee it has to elect.

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