Austria 1920 Constitution (reinstated 1945, reviewed 2013) - Page 7 of 9

Table of Contents

Chapter VII. Constitutional and Administrative Guarantees

A. Administrative jurisdiction

Article 129

In all Laender exist Administrative Courts of the Land. For the Federation there is an Administrative Court of the Federation, to be named Federal Court of Administration and an Administrative Court of the Federation for Finance to be named Federal Financial Court.

Article 130

The Administrative Courts pronounce judgement on complaints
1. against rulings by administrative authorities for illegality;
2. against the exercise of direct administrative power and compulsion for illegality
3. on the ground of contravention of the onus for decision by an administrative authority
4. against instructions under Article 81a para 4
Federal or Landes-Law may provide other competences of the Administrative Courts for decision on
1. complaints for illegality of the conduct of an administrative authority in executing the law or
2. complaints for illegality of conduct of a contract placing authority in matters of public contracts or
3. disputes in civil service law matters of civil servants
In the matters of the execution of the Federation, not directly handled by Federal authorities, as well as in the matters of Article 11, 12, 14 para 2 and 3 and 14a para 3 and 4 Federal Laws under subpara 1 may only be published upon approval by the Laender.
Except in administrative penal proceedings and in legal matters pertaining to the competence of the Administrative Court of the Federation for Finance illegality does not exist to the extent the law permits the administrative authority to apply discretion and the authority has done so in the sense of the law.
The Administrative Court is to decide in the matter itself on complaints according to para 1 subpara 1 in administrative penal matters. The Administrative Court is to decide on complaints according to para 1 subpara 1 in other legal matters upon the merits itself if
1. the relevant facts have been established or
2. the establishment of the relevant facts by the Administrative Court itself is in the interest of a speedy procedure or connected with substantial cost saving.
Excluded from the competence of the Administrative Courts are legal matters pertaining to the competence of the Courts of Justice or of the Administrative Court as long as nothing else is stipulated by this law.

Article 131

To the extent paras 2 and 3 do not provide otherwise, the Administrative Courts of the Laender pronounce judgement on complaints according to Article 130 para 1.
To the extent para 3 does not provide otherwise, the Administrative Court of the Federation pronounces judgement on complaints according to Article 130 para 1 in legal matters, in matters of the execution of the Federation, directly executed by Federal authorities. To the extent a law provides the competence of Administrative Courts according to Article 130 para 2 subpara 2, the Administrative Court of the Federation pronounces judgement on complaints in legal matters and matters of public contract placing, which pertain to execution by the Federation according to Article 14b para 2 subpara 1. To the extent a law provides the competence of Administrative Courts according Article 130 para 2 subpara 3, the Administrative Court of the Federation pronounces judgement on disputes in civil service law matters of civil servants
The Administrative Court of the Federation for Finance pronounces judgement according to Article 130 para 1 subpara 1 to 3 in legal matters, in matters of public duties (with the exception of administrative fees of the Federation, the Laender and municipalities) and of Financial Penal Law as well as in other matters determined by law, to the extent the matters named are directly handled by the revenue- or financial penal authorities of the Federation.
By Federal Law may be provided
1. a competence of the Administrative Courts of the Laender: in legal matters, in matters according to para 2 und 3;
2. a competence of the Administrative Courts of the Federation:
  1. in legal matters in matters of environmental compatibility examinations for projects, where material effects on the environment are to be anticipated (Article 10 para 1 subpara 9 and Article 11 para 1 subpara 7);
  2. in other legal matters in matters of the execution by the Federation, not directly handled by Federal authorities, as well as in the matters of Article 11, 12, 14 para 2 and 3 and 14a para 3.
Federal Laws under para 1 and para 2 subpara b may only be published upon approval by the Laender.
Landes-Law may provide a competence of the Administrative Courts of the Federation in legal matters, in matters of the autonomous sphere of competence of the Laender. Article 97 para 2 applies accordingly.
The Administrative Courts competent according to para 1 to 4 of this article pronounce judgement in matters on complaints in legal matters, in which a law provides the competence of an Administrative Court according to Article 130 para 1 subpara 1. To the extent no competence is given according to the first phrase, the Administrative Courts of the Laender pronounce judgement on such complaints.

Article 132

Complaint against the ruling of an administrative authority for illegality may be raised by:
1. someone who alleges infringement of his rights;
2. the competent Federal Minister in legal matters in matters of Article 11, 12, 14 para 2 and 3 and 14a para 3 and 4 or in legal matters, in which the ruling of a Landes school-board is based on the resolution of a committee
Against the exercise of direct administrative power or compulsion complaint may be raised by someone who alleges infringement of his rights because of them.
For breach of onus to take a decision appeal may be raised by someone who alleges as party in an administrative procedure to be entitled to get a decision.
The Land school board may raise appeal against instructions according to Article 81a para 4 on the basis of a resolution of the committee.
Federal and Laender Laws provide who can raise complaint for illegality in other cases than those named in para 1 and 2 and in those cases, in which the law provides the competence of Administrative Courts according to Article 130 para 2.
In the matters of the own sphere of competence of the municipality, complaint may be raised before the Administrative Court only after all appeals have been exhausted.

Article 133

The Administrative Court pronounces judgement on:
1. revisions against the decision of an Administrative Court for illegality;
2. motions to set a deadline for violation of the onus to decide by an Administrative Court;
3. conflicts of competence between Administrative Courts or between an Administrative Court and the (Federal) Administrative Court.
Federal or Landes-Law may provide other competences of the Administrative Court to decide on requests by a court of justice to establish the illegality of an ordinance or the decision of an Administrative Court.
Illegality does not exist to the extent the Administrative Court has applied discretion in the sense of the law.
Revision against the decision of an Administrative Court is admissible, if the solution depends from a legal question of essential importance, mainly because the decision deviates from the established court practise of the (Federal) Administrative Court, such established court practise does not exist or the legal question to be solved has not been answered in uniform manner by the previously established court practise of the (Federal) Administrative Court. If the decision only is on a small fine, Federal Law may provide that the revision is inadmissible.
Excluded from the competence of the (Federal) Administrative Court are legal matters pertaining to the competence of the Constitutional Court.
Revision against a decision of an Administrative Court for illegality may raise:
1. who alleges to have been infringed in his rights by the decision;
2. the authority involved in the proceedings before the Administrative Court;
3. the competent Federal Minister in the legal matters named in Article 132 para 1 subpara 2;
4. the Land school-board on the basis of the resolution of the committee in the legal matters named in Article 132 para 4.
For violation of the onus to decide someone may request a deadline who alleges to be entitled as party in the proceedings before the Administrative Court to claim the onus to decide.
Federal or Laender-Laws provide who can raise revision for illegality in other cases then those named in para 6.
The provisions of this article applicable to their decisions are to be applied to the resolutions of the Administrative Court accordingly. The specific Federal Law determining the organization and the procedure of the (Federal) Administrative Court provides to which extent revision may be raised against resolutions of the Administrative Courts.

Article 134

The Administrative Courts and the (Federal) Administrative Court each consist of one President, one Vice-President and the requisite number of other members.
The President, the Vice-President and the other members of the Administrative Court of a Land are appointed by the government of the Land; to the extent it does not concern the position of the President or the Vice-President, it has to call for proposals of the plenary assembly of the Administrative Court or of a committee to be elected among its members, consisting of the President, the Vice-President and the minimum of five other members of the Administrative Court of the Land, listing three candidates. The members of the Administrative Courts of the Laender must have completed legal studies or legal- and political science studies and have had at least five years of legal professional experience.
The President, the Vice-President and the other members of the Administrative Courts of the Federation are appointed by the Federal President on the proposal of the Federal Government; to the extent it does not concern the position of the President or the Vice-President, it has to call for proposals of the plenary assembly of the of the Administrative Court of the Federation or of a committee to be elected among its members, consisting of the President, the Vice-President and the minimum of five other members of the Administrative Court of the Federation, listing three candidates. The members of the Administrative Court of the Federation must have completed legal studies or legal- and political science studies and have had at least five years of legal professional experience, the members of the Administrative Court of the Federation for Finance must have completed an appropriate study and have had at least five years of legal professional experience..
The President, the Vice-President and the other members of the (Federal) Administrative Court are appointed by the Federal President on the proposal of the Federal Government; to the extent it does not concern the position of the President or of the Vice-President it renders its proposals on the basis of the plenary assembly of the (Federal) Administrative Court or of a committee to be elected among its members, consisting of the President, the Vice-President and at least five other members of the (Federal) Administrative Court, listing three candidates. The members of the (Federal) Administrative Court must have completed legal studies or legal- and political science studies and have had at least ten years of legal professional experience. At least twenty-five percent should come from professional positions in the Laender, preferably the administrative service of the Laender.
Members of the Federal Government, a government of a Land, the National Council, the Federal Council, a Diet or the European Parliament cannot belong to the Administrative Courts and the (Federal) Administrative Court, also members of another general representative body cannot belong to the (Federal) Administrative Court; the incompatibility lasts for members of a general representative body or of the European Parliament, having been elected for a certain legislature- or function period, till the end of the legislature-or function period even in case of early resignation of the mandate.
Who has had one of the functions named in para 5 during the last five years cannot be elected President or Vice-President of an Administrative Court or of the (Federal) Administrative Court.
The members of the Administrative Courts and of the (Federal) Administrative Court are judges. Article 87 para 1 and 2 and Article 88 para 1 and 2 are to be applied with the proviso, that the age limit at which the members of the Administrative Courts of the Laender retire for good or their service status ends, is determined by Landes-Law.
The President of the (Federal) Administrative Court supervises its employees.

Article 135

The Administrative Courts pronounce judgement by single judges. The law on the procedures by the Administrative Courts or Federal or Landes-Law may provide, that the Administrative Court pronounces judgement through chambers. The size of the chambers is determined by the law on the organization of the Administrative Court. The chambers are to be constituted by the plenary assembly or by a committee to be elected among its members, consisting of the President, the Vice-President and a number of other members of the Administrative Court, to be determined by law, among the members of the Administrative Court, and, to the extent Federal-or Landes-Law provides the participation of expert lay-judges in the jurisdiction among a number, to be determined by the law, of expert lay-judges. To the extent a Federal Law provides that an Administrative Court of the Land shall pronounce judgement in chambers or that expert lay-judges participate in the jurisdiction, the approval of the respective Laender must be obtained. The (Federal) Administrative Court pronounces judgement by chambers to be constituted by the plenary assembly or a committee to be elected among its members, consisting of the President, the Vice-President and a number of other members of the (Federal) Administrative Court, to be determined by law, among the members of the (Federal) Administrative Court.
The business to be done by the Administrative Court shall be allocated to single judges and the chambers for the period provided by law in advance by the plenary assembly or a committee to be elected among its members, consisting of the President, the Vice-President and a number of other members of the Administrative Court to be determined by law. The business to be done by the (Federal) Administrative Court shall be allocated to the chambers for the period provided by law in advance by the plenary assembly or a committee to be elected among its members, consisting of the President, the Vice-President and a number of other members of the (Federal) Administrative Court to be determined by law.
A matter devolving upon a member may only be removed from him by the organ in charge according to para 2 and only in case of his being prevented or if he is impeded to handle it within due time because of the extent of his tasks.
Article 89 is to be applied accordingly to Administrative Courts and the (Federal) Administrative Court.

Article 135a

The law on the organization of the Administrative Court may provide that certain kinds of businesses, which shall be exactly specified, can be assigned to specially trained persons who are not judges.
The member of the Administrative Court competent in accordance with the allocation of business can however at any time reserve to himself or take over discharge of such business.
The employees who are not judges are in the performance of business only bound by instructions from the member of the Administrative Court competent in accordance with the allocation of business. Article 20 para 1 third sentence shall apply.

Article 136

The organization of the Administrative Courts of the Laender is determined by Landes-Law, the organization of the Administrative Courts of the Federation by Federal Law.
The procedure of the Administrative Courts, with the exception of the Administrative Court of the Federation for Finance shall be governed by a separate Federal Law. The Federation has to grant the Laender opportunity to participate in the preparation of such bill. The Federal- or Landes-Law may provide provisions on the procedure of the Administrative Courts, to the extent necessary to organize the matter or the separate Federal Law mentioned in the first phrase gives authorisation to do so.
The procedure of the Administrative Court of the Federation for Finance will be governed by Federal Law. Federal Law may also determine the revenue procedure before the Administrative Courts of the Laender.
The organization and the procedure of the (Federal) Administrative Court are governed by a separate Federal Law.
The plenary assemblies of the Administrative Courts and of the (Federal) Administrative Court adopt Standing Orders on the basis of the laws enacted according to the paras above.

B. Constitutional Jurisdiction

Article 137

The Constitutional Court pronounces on pecuniary claims against the Federation, the Laender, the municipalities and municipal associations which cannot be settled by ordinary legal process nor be liquidated by the ruling of an administrative authority.

Article 138

The Constitutional Court pronounces on conflicts of competence
1. between courts and administrative authorities;
2. between Courts of Justice and Administrative Courts or between the (Federal) Administrative Court as well as between the Constitutional Court itself and all other Courts;
3. between the Federation and a Land or between the Laender amongst themselves.
The Constitutional Court furthermore determines at the application of the Federal Government or a Land Government whether an act of legislation or execution falls into the competence of the Federation or the Laender.

Article 138a

The Constitutional Court establishes on application by the Federal Government or a Land Government concerned whether an agreement within the meaning of Article 15a para 1 exists and whether the obligations arising from such an agreement, save in so far as it is a matter of pecuniary claims, have been fulfilled.
If it is stipulated in an agreement within the meaning of Article 15a para 2, the Court also establishes on application by a Land Government concerned whether such an agreement exists and whether the obligations arising from such an agreement, save in so far as it is a matter of pecuniary claims, have been fulfilled.

Article 139

The Constitutional Court pronounces on illegality of ordinances
1. on application by a court
2. ex officio insofar as the court will have to apply the ordinance in a suit pending before him
3. on application by a person who alleges to have been violated in her rights directly by the illegality, if the ordinance has become effective without a judicial decision having been rendered or a ruling having been rendered has become effective for this person;
4. upon application of a person, who claims to be hurt as a party in its rights because of a legal issue decided by a general court in first instance with the application of an illegal ordinance, on the occasion of an appeal against this decision;
5. of a Federal authority also upon application by a Land Government or the Ombudsman;
6. the authority of a Land also on application of the Federal Government or, to the extent the constitutional law of a Land has declared competent the Ombudsman also for the sphere of competence of the administration of the respective Land, the Ombudsman or an institution according to Article 148i para 2.
7. a supervisory authority according to Article 119a para 6 also on application of the municipality whose ordinance has been rescinded.
Article 89 para 3 is to be applied accordingly to applications according to subpara 3 and 4.
In case it is necessary to secure the purpose of the proceedings before a general court, the application can be declared invalid according to Paragraph 1 subparagraph 4 by federal law. Federal law stipulates the impact of the petition according to Paragraph 1 Sentence 4.
The Constitutional Court may decide against the consideration of an application according to Paragraph 1 Subparagraph 3 or 4 until the trial by order, in case it does not have sufficient chances of success.”
If the litigant in a suit lodged with the Constitutional Court, entailing application of an ordinance by the Constitutional Court, receives satisfaction, the proceedings initiated to examine the ordinance’s legality shall nevertheless continue.
The Constitutional Court may rescind an ordinance as contrary to law only to the extent that its rescission was expressly requested or he would have had to apply it in the pending suit. If the Court reaches the conclusion that the whole ordinance
1. has no foundation in law,
2. was issued by an authority without competence in the matter, or
3. was published in a manner contrary to law,
it shall rescind the whole ordinance as illegal. This does not hold good if rescission of the whole ordinance manifestly runs contrary to the legitimate interests of the litigant who has filed an application pursuant to the para 1 subpara 3 or 4 above or whose suit has been the occasion for the ex officio initiation of examination proceedings into the ordinance.
If the ordinance has at the time of the Constitutional Court’s delivery of its judgment already been repealed and the proceedings were initiated ex officio or the application was filed by a court or an applicant alleging infringement of his personal rights through the ordinance’s illegality the Court must pronounce whether the ordinance contravened the law. Para 3 above applies analogously.
The judgment by the Constitutional Court which rescinds an ordinance as contrary to law imposes on the highest competent Federal or Land authority in the obligation to publish the rescission without delay. This applies analogously in the case of a pronouncement pursuant to para 4 above. The rescission enters into force upon expiry of the day of publication if the Court does not set a deadline, which may not exceed six months or if legal dispositions are necessary 18 months, for the rescission.
If an ordinance has been rescinded on the score of illegality or if the Constitutional Court has pursuant to para 4 above pronounced an ordinance to be contrary to law, all courts and administrative authorities are bound by the Court’s decision, 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. If the Court has in its rescissory judgment set a deadline pursuant to para 5 above, the ordinance shall apply to all the circumstances effected, the case in point excepted, till the expiry of this deadline.
For legal issues, which caused the issuing of an application according to Paragraph 1 Subparagraph 4, federal law stipulates that the decision of the Constitutional Court which repealed the ordinance as illegal, allows for a new decision concerning this legal issue. This applies accordingly for the case of a dictum according to Paragraph 4.

Article 139a

The Constitutional Court pronounces on the illegality of pronouncements on the republication of a law (state treaty). Article 139 is to be applied accordingly.

Article 140

The Constitutional Court pronounces on the unconstitutionality
1. of laws
  1. on application of a court;
  2. ex officio in so far as he will have to apply such a law in a suit pending before him;
  3. on application by a person who alleges to have been violated in her rights directly by unconstitutionality, if the ordinance has become effective without a judicial decision having been rendered or a ruling having been rendered has become effective for this person;
  4. upon application of a person, who claims to be hurt as a party in its rights because of a legal issue decided by a general court in first instance with the application of an unconstitutional law, on the occasion of an appeal against this decision
2. of Federal Laws also on application by the government of a Land, a third of the members of the National Council or a third of the members of the Federal Council.
3. of Laws of a Land also on application by the Federal Government or, if the Constitutional Law of a Land so provides, on application of a third of the members of the Diet.
Article 89 para 3 is to be applied accordingly to applications according to para 1 subpara c and d.
In case it is necessary for the protection of the purpose of the proceedings before a general court, the issuing of the application according to Paragraph 1 Subparagraph 1 letter d can be declared invalid by federal law. Federal law may stipulate the impact of an application according to Paragraph 1 Subparagraph 1.
The Constitutional Court may decide against the consideration of an application according to Paragraph 1 Subparagraph 1 letter c or d, in case it does not have sufficient chances of success.
If the litigant in a suit lodged with the Constitutional Court, entailing application of a law by the Court, receives satisfaction, the proceedings initiated to examine the law’s constitutionality shall nevertheless continue.
The Constitutional Court may rescind a law as unconstitutional only to the extent that its rescission was expressly requested or the Court would have to apply the law in the suit pending with it. 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. This does not hold good if rescission of the whole law manifestly runs contrary to the legitimate interests of the litigant who has filed an application pursuant to para 1 sentence 1 subpara c or d above or whose suit has been the occasion for the ex officio initiation of examination proceedings into the law.
If the law has at the time of the Constitutional Court’s delivery of its judgment already been repealed and the proceedings were initiated ex officio or the application filed by a court or an applicant alleging infringement of personal rights through the law’s unconstitutionality, the Court must pronounce whether the law was unconstitutional. Para 3 above applies analogously.
The judgment by the Constitutional Court which rescinds a law as unconstitutional imposes on the Federal Chancellor or the competent Governor the obligation to publish the rescission without delay. This applies analogously in the case of a pronouncement pursuant to para 4 above. The rescission enters into force upon expiry of the day of publication if the Court does not set a deadline for the rescission. This deadline may not exceed eighteen months.
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. The publication on the rescission of the law shall also announce whether and which legal provisions again enter into force.
If a law has been rescinded on the score of unconstitutionality or if the Constitutional Court has pursuant to para 4 above pronounced a law to be unconstitutional, all courts and administrative authorities are bound by the Court’s decision. The law 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. If the Court has in its rescissory judgment set a deadline pursuant to para 5 above, the law shall apply to all the circumstances effected, the case in point excepted till the expiry of this deadline.
For legal issue, which were the reason for the application according to Paragraph 1 Subparagraph 1 letter d, it has to be stipulated by federal law, that the decision of the Constitutional Court which repeals the law as unconstitutional, allows for a new decision of this legal issue. This applies accordingly for the case of a pronunciation according to Paragraph 4.

Article 140a

The Constitutional Court pronounces whether state treaties are contrary to law. Article 140 shall apply to political, to law-modifying and to law-amending state treaties and to state treaties modifying the contractual bases of the European Union, Article 139 to all other state treaties with the following proviso,

A state treaty of which the Constitutional Court establishes, that it is contrary to law or unconstitutional shall not be applied any more by the authorities competent for its execution from the expiry of the day of the judgment‘s publication unless the Constitutional Court determines a deadline prior to which the state treaty shall continue to be applied; such deadline must not exceed two years for the political, law-modifying and law-amending state treaties and the state treaties modifying the contractual bases of the European Union and one year in the case of all other state treaties.
In addition, a provision, that the state treaty is to be implemented by issuing ordinances or a resolution, that the state treaty is to be implemented by the issuance of laws, becomes ineffective upon expiration of the day of the judgment’s publication.

Article 141

The Constitutional Court pronounces upon
1. challenges to the election of the Federal President and elections to the general representative bodies, the European Parliament and the constituent authorities (representative bodies) of statutory professional associations;
2. challenges to elections to a Land Government and to municipal authorities entrusted with executive power;
3. application by a general representative body for the loss of seat by one of its members; application by at least the half of the members of the European Parliament having been elected in Austria for a loss of seat by such a member of the European Parliament;
4. application by a Municipal Council for loss of seat of a member of the organ of the municipality, in charge of execution, and by a constituent organ (representative body) of a statutory professional association for loss of seat by one of the members of such organ;
5. on the challenge of the result of referenda, plebiscites, public opinion polls and European Citizen Action Groups;
6. on the registration of persons in electoral registers and deletion of persons from electoral registers;
7. on the challenge of individually appealable rulings and decisions of administrative authorities and as far as established by federal or Laender law – of the administrative courts in the cases of subpara a to f.
The challenge according to subpara a, b, e, f and g can be based on the alleged illegality of the procedure, the application according to subpara c and d on a reason provided by law for the loss of membership in a general representative body, in the European Parliament, in a municipal authority entrusted with executive power, or in a constituent authority (representative body) of a statutory professional association. The Constitutional Court shall allow challenge if the alleged illegality has been proven and was of influence on the result of the procedure. In proceedings before the administrative authority the general representative body and the statutory organ (representative body) of the statutory professional association has litigant status.
If a challenge pursuant to para 1 subpara a above is allowed and it thereby becomes necessary to hold the election to a general representative body, to the European Parliament or to a constituent authority of a statutory professional association in whole or in part again, the representative body’s members concerned lose their seat at the time when it is assumed by those elected at the ballot which has to be held within a hundred days after delivery of the Constitutional Court’s decision.
(Note: Repealed by F.L.G. I No. 51/2012)

Article 142

The Constitutional Court pronounces on suits which predicate the constitutional responsibility of the highest Federal and Land authorities for legal contraventions culpably ensuing from their official activity.
Suit can be brought:
1. against the Federal President, for contravention of the Federal Constitution: by a vote of the Federal Assembly;
2. against members of the Federal Government and the authorities placed with regard to responsibility on an equal footing with them, for contravention of the law: by a vote of the National Council;
3. against an Austrian representative in the Council for contravention of law in matters where legislation would pertain to the Federation: by a vote of the National Council for contravention of law in matters where legislation would pertain to the Laender: by identically worded votes of all the Diets;
4. against members of a Land Government and the authorities placed by the present Law or the Land constitution with regard to responsibility on an equal footing with them, for contravention of the law: by a vote of the competent Diet;
5. against a Governor, his deputy (Article 105 para 1) or a member of the Land Government (Article 103 paras 2 and 3) for contravention of the law as well as for non-compliance with ordinances or other directives (instructions) of the Federation in matters pertaining to the indirect Federal administration, in the case of a member of the Land Government also with regard to instructions from the Governor in these matters: by a vote of the Federal Government;
6. against the authorities of the Federal capital Vienna, in so far as within its autonomous sphere of competence they perform functions from the domain of the Federal executive power, for contravention of the law: by a vote of the Federal Government;
7. against a Governor for non-compliance with an instruction pursuant to Article 14 para 8: by a vote of the Federal Government;
8. against a president or executive president of a Land school board, for contravention of the law as well as for noncompliance with ordinances or other directives (instructions) of the Federation: by a vote of the Federal Government.
9. against members of a Land Government for contravention of the law and for impediment of the powers conferred by Article 11 para 9, in so far as matters of Article 11 para 1 subpara 8 are concerned: by a vote of the National Council or of the Federal Government.
If pursuant to para 2 subpara e above the Federal Government brings a suit only against a Governor or his deputy and it is shown that another member of the Land Government in accordance with Article 103 para 2 concerned with matters pertaining to the indirect Federal administration is guilty of an offence within the meaning of para 2 subpara e above, the Federal Government can at any time pending the passing of judgment widen its suit to include this member of the Land Government.
The condemnation by the Constitutional Court shall pronounce a forfeiture of office and, in particularly aggravating circumstances, also a temporary forfeiture of political rights. In the case of minor legal contraventions in the instances mentioned in para 2 subparas c, e, g and h above the Court can confine itself to the statement that the law has been contravened. From forfeiture of the office of president of the Land school board ensues forfeiture of the office with which pursuant to Article 81a para 3 subpara b it is linked.
The Federal President can avail himself of the right vested in him in accordance with Article 65 para 2 subpara c only on the request of the representative body or the representative bodies which voted for the filing of the suit, but if the Federal Government has voted for the filing of the suit only at its request, and in all cases only with the approval of the defendant.

Article 143

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. In this case competence lies exclusively with the Constitutional Court; any investigation already pending in the ordinary criminal courts devolves upon it. The Court can in such cases, in addition to Article 142 para 4, apply the provisions of the criminal law.

Article 144

The Constitutional Court pronounces on rulings by an Administrative Court in so far as the appellant alleges an infringement by the ruling of a constitutionally guaranteed right or on the score of an illegal ordinance, an illegal pronouncement on the republication of a law (state treaty), an unconstitutional law, or an unlawful treaty.
The Constitutional Court can reject to deal with a complaint till the hearing by resolution if it does not sufficiently seem to be successful or if the decision cannot be expected to clarify a constitutional problem.
In case the Constitutional Court finds that the decision of the Administrative Court has not violated a right in the sense of para 1, it has, on appeal by the appellant, to decide whether the appellant has been violated in another right, to forward the complaint to the (Federal) Administrative Court. To resolutions according para 2 the first phrase is to be applied accordingly.
To resolutions of the Administrative Courts the provisions of this article to be applied to their decisions are to be applied accordingly. The specific law determining the organization and the procedure of the Constitutional Court provides, to which extent complaints may be raised against resolutions of the Administrative Court.
To the extent the decision or the resolution of the Administrative Court concerns the admissibility of the revision, an appeal according to para 1 is not admissible.

Article 145

The Constitutional Court pronounces judgment on contraventions of international law in accordance with the provisions of a special Federal law.

Article 146

The enforcement of judgments pronounced by the Constitutional Court made in accordance with Article 126a, Article 127c subpara 1 and Article 137 is implemented by the ordinary courts.
The enforcement of other judgments by the Constitutional Court is incumbent on the Federal President. Implementation shall in accordance with his instructions lie with the Federal or Laender authorities, including the Federal Army, appointed at his discretion for the purpose. The request to the Federal President for the enforcement of such judgments shall be made by the Constitutional Court. The afore-mentioned instructions by the Federal President require, if it is a matter of enforcements against the Federation or against Federal authorities, no countersignature in accordance with Article 67.

Article 147

The Constitutional Court consists of a President, a Vice-President, twelve additional members and six substitute members.
The President, the Vice-President, six additional members and three substitute members are appointed by the Federal President on the recommendation of the Federal Government; these members and the substitute members shall be selected from among judges, administrative officials, and professors holding a chair in law. The remaining six members and three substitute members are appointed by the Federal President on the basis of proposals submitted by the National Council for three members and two substitute members and by the Federal Council for three members and one substitute member. Three members and two substitute members must have their domicile outside the Federal capital, Vienna. Administrative officials on active service who are appointed members or substitute members shall be exempted, with their pay terminating, from all official duties. This shall not apply to administrative officials appointed substitute members who for the term of such exemption have been freed from all activities in the pursuit of which they are bound by instructions.
The members and substitute members of the Constitutional Court must have completed legal studies or studies in law and political science and have had ten years of professional experience.
The following cannot belong to the Constitutional Court: members of the Federal Government, or a Land Government furthermore members of a general representative body or of the European Parliament; for members of a general representative body or of the European Parliament; who have been elected for a fixed term of legislation or office such incompatibility continues until the expiry of that term of legislation or office. Finally persons who are in the employ of or hold office in a political party cannot belong to the Constitutional Court.
Anyone who during the preceding five years has exercised one of the functions specified in para 4 above cannot be appointed President or Vice-President of the Constitutional Court.
Article 87 paras 1 and 2 and Article 88 para 2 apply to members and substitute members of the Constitutional Court; detailed provisions will be prescribed in the Federal law to be promulgated pursuant to Article 148. The 31 December of the year in which the member or the alternate member completes his seventieth year of life is fixed as the age limit on whose attainment his term of office ends.
If a member or substitute member disregards without satisfactory excuse three successive requests to attend a hearing of the Constitutional Court, the Court shall formally establish the fact after listening to his testimony. Establishment of the fact entails loss of membership or the status of substitute membership.
The President of the Constitutional Court supervises the employees of the Constitutional Court.

Article 148

Detailed provisions about the organization and procedure of the Constitutional Court will be prescribed by a special Federal law and in Standing Orders to be voted by the Constitutional Court on the basis of this.