Constitution

Austria 1920 Constitution (reinstated 1945, reviewed 2013)

The Xtra Daily
31 min read
Page 9 of 9 Prev Next

Table of Contents

Chapter IX. Final Provisions

Article 149

  1. In addition to the present law, the following laws, with the modifications necessitated by this law, shall within the meaning of Article 44 para 1 be regarded as constitutional law:
    • Basic Law of 21 December 1867, RGBl. Subpara 142, on the general rights of nationals in the kingdoms and Laender represented in the Council of the Realm;
      Law of 27. October 1862, RGBl. Subpara 88, on protection of the rights of the home;

      Resolution of the Provisional National Assembly of 30. October 1918, StGBl. Subpara 3;

      Law of 3. April 1919, StGBl. Subpara 209, respecting the banishment and expropriation of the House of Hapsburg-Lorraine;

      If you enjoy this article, please do not forget to check out our other articles:

      Law of 3. April 1919. StGBl. Subpara 211, on the abolition of the nobility, the secular orders of chivalry, male and female, and of certain titles and dignities;

      Section V of Part III of the Treaty of Saint-Germain of 10. September 1919, StGBl. Subpara 303 of 1920.

  2. Article 20 of the basic law of 21. December 1867, RGBL. No. 142 as well as the law of 5. May 1869, RGBl. No. 66, issued on the basis of this Article, cease to be effective.

Article 150

  1. The transition to the Federal Constitution introduced by this law will be prescribed in a special law entering into force simultaneously with the present law.
  2. Laws in accordance with a new formulation of federal constitutional law provisions may be issued as from the promulgation of the constitutional law rendering the change effective. They may not however enter into force prior to the entry into force of the new federal constitutional legal provisions in so far as they do not solely stipulate measures requisite for their incipient implementation upon the entry into force of the new federal constitutional law provisions.

Article 151

  1. Article 78d and Article 118 para 8, as formulated in the Federal constitutional law published in BGBl. Subpara 565 of 1991, enter into force on 1. January 1992. The existence of constabularies existent on 1. January 1992 remains unaffected; this provision enters into force on 1. January 1992.
  2. Article 10 para 1 subpara 7, Article 52a, Arts. 78a to 78c, Article 102 para 2 as well as the designation changes in Chapter III and in Article 102, as formulated in the Federal constitutional law published in BGBl. Subpara 565 of 1991, enter into force on 1. May 1993.
  3. Article 102 para 5 second sentence as well as paras 6 and 7 are repealed as of midnight 30. April 1993. The words “, excluding the local security administration,” in Article 102 para 2 are repealed as of midnight 30. April 1993.
  4. Article 26, Article 41 para 2, Article 49b para 3, Article 56 paras 2 to 4, Article 95 paras 1 to 3, Article 96 para 3, and moreover the new designation of para 1 in Article 56, as formulated in the Federal constitutional law published in BGBl. Subpara 470 of 1992, enter into force on 1. May 1993.
  5. Article 54, as formulated in the Federal constitutional law published in BGBl. Subpara 868 of 1992, enters into force on 1. January 1993.
  6. The following provisions, as formulated in the Federal constitutional law published in BGBl. Subpara 508 of 1993, enter into force as follows:
    1. Article 10 para 1 subpara 9, Article 11 para 1 subpara 7 as well as Article 11 paras 6, 7, 8 and 9 on 1. July 1994;
    2. Article 28 para 5, Article 52 para 2, the designation of the former Article 52 paras 2 and 3 as paras 3 and 4, as well as Article 52b on 1. October 1993;
    3. (Note: Repealed by F.L.G. I No. 114/2000)
  7. (Note: Repealed by F.L.G. I No. 127/2009)
  8. Article 102 para 2, in the version of in the Federal Constitutional Law BGBl I No. 2/1997, enters into force on 1. January 1994. Art102 para 2, in the version of the Federal Law BGBl. No. 532/ 1993, ceases to be effective simultaneously.
  9. Article 54 in the version of the Federal Constitutional Law BGBl. No. 268/1994 enters into force on 1. April 1994.
  10. Article 6 paras 2 and 3, Article 26 para 2, Article 41 para 2, Article 49b para 3 and Article 117 para 2 first sentence , in the version of the Federal Constitutional Law BGBl. No. 504/1994 enter into force on 1. January 1995. In the Federal and Laender legal regulations the term “domicile” in all its grammatical versions is replaced by the term “principal residence” as of 1. January 1996 unless the term “domicile” is replaced by the term “principal residence” until midnight 31. December 1995. The term “domicile” must not be used any more in Federal and Laender legal regulations as of 1. January 1996; for as long as Land law does not stipulate that Diet or municipal council suffrage depends on the principal residence or the residence it depends on the domicile. As regards the division of the number of deputies among the constituencies (electoral bodies) and as regards regional constituencies (Article 26 para 2) and the representation of the Laender in the Federal Council (Article 34) the domicile as established by the last general census holds good as principal residence up to the time when the results of the next general census will be at hand.
  11. Article 87 para 3 and Article 88a in the version of the Federal Constitutional Law BGBl. No. 506/1994 enter into force on 1. July 1994.
  12. The following holds good for the entry into force of provisions newly formulated or inserted by the Federal Constitutional Law published in BGBl. No. 1013/ 1994, the abrogation of provisions revoked by this same Federal Constitutional Law as well as the transition to the new legal status:
    1. the title of this law, Article 21 paras 6 and 7, Article 56 paras 2 and 4, Article 122 paras 3 to 5, Article 123 para 2, Article 123a para 1, Article 124, Article 147 para 2 second sentence as well as Article 150 para 2 enter into force on 1. January 1995.
    2. The heading of Chapter I, the heading of Section A in Chapter I, Article 10 para 1 subpara 18, Article 16 para 4, Section B of Chapter I, Article 30 para 3, Article 59, Article 73 para 2, Article 117 para 2, Article 141 paras 1 and 2, Article 142 para 2 subpara c and designations of the henceforth subparas d to i as well as Article 142 paras 3 to 5 enter into force simultaneously with the Treaty on the Accession of the Republic of Austria to the European Union.
    3. Article 10 paras 4 to 6 and Article 16 para 6 in the version of the Federal Constitutional Law BGBl. No. 276/1992 ceases to be effective simultaneously with the entry into force of the provisions specified in subpara 2.
    4. Article 122 para 1 and Article 127b enter into force on 1. January 1997. They apply to acts of administration of public funds subsequent 31. December 1994.
    5. For as long as the representatives of Austria in the European Parliament have not been elected in a general election, they shall be delegated by the National Council from among the members of the Federal Assembly. This delegation ensues on the basis of proposals by the parties represented in accordance with their strength pursuant to the principle of proportional representation. For the period of their delegation members of the National Council and of the Federal Council can simultaneously be members of the European Parliament. If a member of the National Council delegated to the European Parliament relinquishes his seat as a member of the National Council, Article 56 paras 2 and 3 apply. Article 23b paras 1 and 2 hold good analogously as well.
    6. Subpara 5 enters into force on 22. December 1994.
  13. Article 112 in the version of the Federal Constitutional Law BGBl No. 1013/ 1994 and Article 103 para 3 and Article 151 para 6 subpara 3 in the version of the Federal Constitutional Law BGBl. I No. 8/ 1999 enter into force on 1. January 1995.
  14. Article 59a, Article 59b and Article 95 para 4 in the version of the Federal Constitutional Law BGBl. No. 392/1996, enter into force on 1 August 1996. Until Land legal regulations are passed pursuant to Article 59a and Article 95 para 4, the appropriate Federal legal regulations shall analogously apply in the Laender concerned unless the Laender have already passed regulations within the meaning of Article 59a and Article 95 para 4.
  15. Article 23e para 6 and Article 28 para 5, in the version of the Federal Constitutional Law BGBl. No. 437/1996, enter into force on 15. September 1996.
  16. Article 49 and Article 49a paras 1 and 3, in the version of the Federal Constitutional Law BGBl. No. 659/1996, enter into force on 1. January 1997.
  17. Article 55, in the version of the Federal Constitutional Law BGBl. I No. 2/1997, enters into force on 1. January 1997. Article 54 is repealed simultaneously.
  18. Article 147 para 2, in the version of the Federal Constitutional Law BGBl. I No. 64/1997, enters into force on 1. August 1997.
  19. Article 69 paras 2 and 3, Article 73 para 1, Article 73 para 3 and Article 148d in the version of the Federal Constitutional Law BGBl. I 87/1997, enter into force on 1. September 1997. Article 129, Section B of Chapter VI, Article 131 para 3 and the new designations of the sections in Chapter VI enter into force on 1. January 1998.
  20. Article 9a para 4, in the version of the Federal Constitutional Law BGBl. I No. 30/1998, enters into force on 1. January 1998.
  21. Article 23f enters into force simultaneously with the Treaty of Nice The Federal Chancellor shall announce this date in the Federal Law Gazette.
  22. In Article 149 para 1, the following parts are repealed:
    1. the adding of the Constitutional Law of 30. November 1945, BGBl. No.6 of 1946, concerning the law on protection of personal liberty of 27. October 1862, RGBl. No. 87, in the proceedings before the People’s Court upon expiry of 30. December 1955;
    2. the words “Law of 8. May 1919, StGBl.No. 257, on the coat of arms and seal of state of the Republic of German-Austria, with the modifications effected by Arts. 2, 5 and 6 of the law of 21. October 1919, StGBl. No. 484;” upon expiry of 31. July 1981.
  23. The words “or through the exercise of direct administrative power and compulsion” in Article 144 para 3 are repealed as of midnight 31. December 1990.
  24. The Arts. 10 para 1 subpara 14, Article 15 paras 3 and 4, 18 para 5, 21, 37 para 2, 51b para 6, 52 b para 1, 60 para 2, 78d para 2, 102 para 1, the new designation of Article 102 para 6 and the Arts. 118 para 8, 118a and 125 para 3, in the version of the Federal Constitutional Law BGBl. I No. 8/1999 enter into force on 1. January 1999. Article 102 para 5 is repealed upon expiry of 31. December 1998.
  25. The Arts. 30 para 3 first sentence, 127c, 129c para 4, 147 para 2 fourth and fifth sentence, and 147 para 6 first sentence, in the version of the Federal Constitutional Law BGBl. I No. 148/ 1999 enter into force on 1. August 1999.
  26. Article 8 in the version of the Federal Constitutional Law BGBl. I No. 68/2000 enters into force on 1. August 2000.
  27. Article 11 para 8 in the version of the Federal Constitutional Law BGBl. I No. 114/2000 enters into force on 1. December 2000. Article 151 para 6 subpara 3 ceases to be effective upon expiry of 24. November 2000.
  28. In the version of the Federal Constitutional Law BGBl. I No. 121/2001 enter into force:
    1. Article 18 para 3 and Article 23e para 5 on 1. January 1997.
    2. Article 21 para 1 and para 6 on 1. January 1999;
    3. Article 147 para 2 first sentence on 1. August 1999;
    4. Article 18 para 4, Article 23b para 2, Article 39 para 2 and Article 91 para 2 on 1. January 2002;
    5. Article 23f para 1 to 3 simultaneously with the treaty of Nice. The Federal Chancellor has to publish this date in the Federal Law Gazette I.
  29. Article 14b, Article 102 para 2 and Article 131 para 3 in the version of the Federal Law BGBl. I No 99/2002 enter into force on 1. January 2003. § 2, § 4 para 1, § 5 and § 6 para 1 and 2 of the transition Law BGBl. No 368/1925 apply accordingly. A Land Law having become Federal Law according to the second sentence per 1. January 2003 ceases to be effective with the entering into force of a Land Law passed on the basis of Article 14b para 3, the latest upon expiry of 30. June 2003; simultaneously the corresponding regulations of the Federal Tender Law 2002, BGBl. I No. 99/2002 enter into force to this extent.
  30. Article 23a para 1 and 3, Article 26 para 1 and 4, Article 41 para 2, Article 46 para 2, Article 49b para 3 and Article 60 para 3 first sentence in the version of the Federal Law BGBl. I No 90/2003 enter into force on 1. January 2004.
  31. Article 11 para 8 in the version of the Federal Law BGBl. I No 114/2000 and BGBl. I No. 100/2003 enters into force on 1. December 2000, Article 151 para 7 in the version of the Federal Law BGBl. I No. 100/2003 upon expiry of the day of publication of this Federal Law. Article 7 para 1, Article 8, Article 8a, Article 9a, Article 10 para 1 subpara 10, Article 13 para 1, Article 14 para 1, para 5 subpara a and para 8, Article 14a, Article 15 para 4, Article 18 para 4 und 5, Article 23 para 1 and 5, Article 23e para 6, Article 26, Article 30 para 2, Article 34 para 2, Article 35 para 1, Article 42 para 4, Article 47 para 1, Article 48, Article 49, Article 49a, Article 51, Article 51a, Article 51 b, Article 51c, Article 52b, Article 57, Art71, Art73, Art81a para.1, 4 and 5, Article 87a, Article 88a, Art89, Art97 para 1 and 4, Art102 para 2, Article 112, Article 115, Art116, Article 116a, Article 117, Article 118, Article 118a, Article 119, Article 119a, Article 126a, Article 126b para 2, Article 127 para 3, Article 127a, Article 127c, Article 134 para 3, Article 135, Article 136, Article 137, Article 139, Article 139a, Article 140, Article 140a, Article 144, Article 146 para 1, Article 147 para 3, Article 148, Article 148a, Article 148b, Article 148e to Article 148j and Article 149 as well as the headings and the other regulations in the version of the Federal Law BGBl. No. 100/2003 enter into force on 1. January 2004.
  32. Article 11 para 1 subpara 7 and 8 as well as para 9 in the version of the Federal Law BGBl. I No 118/2004 enter into force on 1. January 2005, however not before the expiry of the day of the publication of the Federal Law named in the Federal Law Gazette. To the extent the Federal legislation does not provide otherwise, simultaneously the existing Laender regulations in the matters of Article 11 para 1 subpara 8 cease to be effective.
  33. Article 10 para 1 subpara 9 and Article 151 para 7 in the version of the Federal Law BGBl. I No 153/2004 enter into force on 1. January 2005.
  34. Article 14 para 5a, 6, 6a, 7a and 10 and Article 14a para 7 and 8 enter into force upon expiry of the day of the publication of the Federal Constitutional Law BGBl. I No. 31/2005 in the Federal Law Gazette.
  35. In the version of the Federal Constitutional Law BGBl. I No. 81/2005 enter into force:
    1. Article 151 para 31 upon expiry of 30. December 2004;
    2. Article 8 para 3 upon expiry of the month of the publication of this Federal Constitutional Act.
  36. Article 129 a, Article 129b and Article 129c para 1, 3, 5 and 7 in the version of the Federal Law BGBl. I No. 100/2005 enter into force on 1. January 2006.
  37. Article 9a para 3 and 4, Article 10 para 1 subpara 15 and Article 102 para 2 in the version of the Federal Law BGBl. I No 106/2005 enter into force on 1. January 2006.
  38. Article 88a in the version of the Federal Law BGBl. I No 121/2005 enters into force on 1. November 2005.
  39. The following applies to the entering into force of the regulations modified or added by the Federal Constitutional Law BGBl. I No 27/2007 and the ceasing to be effective of the regulations deleted by this Federal Constitutional Law as well as to the transition for the new legal situation:
    1. Article 23a para 1, 3 and 4, Article 26 Abs. 1, 4, 6 and 8, Article 30 para 3, Article 41 para 3, Article 46, Article 49b para 1 first sentence and para 3 second sentence, Article 60 para 1 and para 3 first sentence, Article 95 para 1, 2, 4 and 5, Article 117 para 2 and 6 as well as Article 151 para 33a enter into force on 1. July 2007; simultaneously Article 23 a para 5 and 6 cease to be effective. The Laender regulations are to be adjusted to the new legal situation till expiry of 31. December 2007.
    2. Article 26a enters into force on 1. July 2007. The modification of the Federal Election Board according to this regulation has to take place till expiry of 31. August 2007; the details in this regard shall be determined by the election regulations to the National Council.
    3. Article 27 para 1 enters into force at the beginning of the XXIV. legislation period.
  40. The following applies to the entering into force of the regulations added or newly determined by Article 1 of the Federal Constitutional Law BGBl. I No.1/2008:
    1. Article 13 para 2 and 3, Article 51 in the version of subpara 4, Article 51a, Article 51b in the version of subpara 7 to 9a, Article 123a, para 1 and Article 148d enter into force on 1. January 2009; the Federal Finance Frame Law for the financial years 2009 till 2012 and the Federal Finance Law for the financial year 2009 are to be prepared and passed already on the basis of these regulations and the draft of the Federal Finance Frame Law for the financial years 2009 till 2012 is to submitted to the National Council the latest simultaneously with the draft for the Federal Finance Law for the financial year 2009.
    2. Article 51 in the version of subpara 5, Article 51b in the version of subpara 10, Article 51c and 51d enter into force on 1. January 2013. Article 51 in the version of subpara 4 and Article 51b in the version of subpara 7 to 9a cease to be effective upon expiry of 31. December 2012. This legal situation already applies to the preparation of the Federal Finance Frame Law for the financial years 2013 till 2016 as well as of the Federal Finance Law for the Financial Year 2013 and the passing of the Law by the National Council.

    Article 51a in the version of the Federal Law BGBl. I No. 100/2003 continues to be applied till the expiration of 31. December 2012.

  41. Article 2 para 3, Article 3 para 2 to 4, Article 9 para 2, Article 10 para 3 second and third sentence, Article 20 para 1 and 2, Article 23f para 1 last sentence and para 3, Article 50, Article 52 para 1a, the sixth sub section of section A of the third chapter, Article 67a, Article 88 para 1, Article 90a, Article 112, the headings above Article 115, section B of the (new) fifth chapter, the headings above Article 121 and Article 129, Article 134 para 6, the heading above Article 148a, Article 148a para 3 to 5, Article 148c last sentence and the heading above Article 149 in the version of the Federal Constitutional Law BGBl. I No. 2/2008 enter into force on 1. January 2008. The Federal- and Laender Laws necessary for the adaptation to Article 20 para 2 last sentence and Article 120b para 2 are to be passed the latest till the expiry of 31. December 2009.
  42. Article 10 para 1 subpara 1, 3, 6 and 14, Article 78d para 2, Article 102 para 2, Article 129, section B of the (new) seventh chapter, Article 132a, Article 135 para 2 and 3, Article 138 para 1, Article 140 para 1 first sentence and Article 144a in the version of the Federal Constitutional Law BGBl. I No. 2/2008 enter into force on 1. July 2008. To the transition to the new legal situation applies:
    1. Per 1. July 2008 the former independent Federal Asylum Tribunal becomes the Asylum Court.
    2. Till the appointment of the president, the vice president and the other members of the Asylum Court the former chairman, the former deputy chairman and the former other members of the independent Federal Asylum Tribunal exert their functions. The measures necessary for the appointment of the president, the vice president and the other members of the Asylum Court as well as the hiring of extra judicial employees may already take place upon expiry of the day of the publication of the Federal Constitutional Law BGBl. I No. 2/2008.
    3. Members of the independent Federal Asylum Tribunal, applying for an appointment as member of the Asylum Court and having the personal and professional qualification for the appointment are entitled to appointment; the requirements of Article 129d para 3 are deemed to be met by such applicants. The Federal Government decides on the appointment of such applicants.
    4. Cases pending on 1. July 2008 at the independent Federal Asylum Tribunal are to be continued by the Asylum Court. Cases on complaints against decisions of the independent Federal Asylum Tribunal at the Administrative Court or at the Constitutional Court are to be continued by them with the proviso, that the Asylum Court is deemed to be the authority involved.
    5. Starting 28. November 2007, in cases pending at the independent Federal Asylum Tribunal, a complaint for violation of the onus of decision is no longer admissible. Cases already pending at the Administrative Court for violation of the onus of decision by the independent Federal Asylum Tribunal are deemed to be stayed upon expiry of 30. June 2008; the cases to which the complaint relates for violation of the onus of decision are to be continued by the Asylum Court.
  43. Article 27, para 2, Article 92 para 2, Article 122 para 5, Article 134 para 4 and 5 as well as Article 147 para 4 first sentence and para 5 in the version of the Federal Constitutional Law BGBl. I No 2/2008 enter into force at the beginning of the XXIV legislation period. To persons, who at the beginning of the XXIV legislation period already carry a function in the sense of Article 92 para 2, Article 122 para 5, Article 134 para 4 and 5 as well as Article 147 para 4 first sentence and para 5, the regulations to be applied up to such date shall continue to be applied.
  44. Article 28 para 4 in the version of the Federal Constitutional Law BGBl. I No. 31/2009 enters into force on 1. April 2009.
  45. Article 20 para 2 in the version of the Federal Law BGBl. I No. 50/2010 enters into force on 1. October 2010.
  46. Article 23c, Article 23d para 2, para 3 first and second phrase and para 5 first phrase, Article 23e to Article 23k and Article 73 para 2 in the version of the Federal Constitutional Law BGBl. I No. 57/2010 enter into force on 1. August 2010.
  47. Article 127a para 1, 3, 4 and 7 to 9, Article 127c and Article 146 para 1 in the version of the Federal Law BGBl. I No. 98/2010 enter into force on 1. January 2011.
  48. Article 6 para 4, Article 26 para 5 and Article 60 para 3 in the version of the Federal Law BGBl. I No. 43/2011 enter into force on 1. October 2011. The repealing of Article 60 para 3 second phrase so far does not affect the law concerning the expulsion of the house Habsburg-Lothringen and the takeover of their assets, StGBl. No. 209/1919.
  49. Article 10 para 1 subpara 11 and Article 102 para 2 in the version of the Federal Law BGBl. I No. 58/2011 enter into force on 1. January 2012. For the transition to the new legal situation applies:
    1. The provisions of the Laender Laws governing fostering money become Federal Laws in the sense of this law.
    2. The ordinances having been rendered on the basis of the laws named in subpara 1 become ordinances of the Federation and are deemed to be modified accordingly to the extent they contradict the organizational provisions of this law.
    3. Federal Law provides, to which extent the laws and ordinances named in subpara 1 and subpara 2 continue to be applied in proceedings pending on 1. January 2012; the implementation of such proceedings is the matter of the Laender. The provisions of this law to be applied in matters of Article 11 are to be applied accordingly to this extent.
    4. Federal Law may provide detailed provisions for the transition to the new legal situation.
    5. The Federal Minister in charge reports to the National Council and the Federal Council the latest till 31. December 2014 on the execution in matters of fostering money.
  50. Article 15 para 10 second phrase, Article 116a para 1 first phrase, Article 116a para 1 subpara 1 and subpara 2, Article 116a para 2, para 3 and 6 and Article 116b in the version of the Federal Constitutional Law BGBl. I No. 60/2011 enter into force on 1. October 2011.
  51. Article 22, Article 148a, Article 148b para 1 first phrase and para 3, Article 148c last phrase, Article 148d, Article 148g para 2 to 5, Article 148h para 3 and 4 and Article 148i para 3 in the version of the Federal Law BGBl. I No. 1/2012 enter into force on 1. July 2012. The organizational and personal measures necessary for the beginning of the activity of the commissions and of the Human Rights Council can already be taken by the Ombudsman board upon expiry of the date of publication of the Federal Law BGBl. I No. 1/2012. If in a Land a Constitutional Law of the Land is in force on 1. July 2012, by which the Ombudsman board has been declared to be also competent for the administration of the Land according to Article 148i para 1, it is deemed to be a Land having made use from this authorization also regarding tasks according to Article 148a para 3 in the version of the Federal Law BGBl I No. 1/2012. Constitutional Laws of the Laender according to Article 148i para 3 are to be passed the latest till the expiry of 31. December 2012.
  52. Article 10 para 1 subpara 1a and subpara 17, Article 26 para 3 first phrase, Article 26a first phrase and Article 141 para 3 first phrase in the version of the Federal Law BGBl. I No. 12/2012 enter into force on 1. April 2012. Simultaneously Article 10 para 1 subpara 18 is repealed.
  53. Article 15 para 3 and 4, Article 78a para 1, Article 78b, Article 78c, Article 78d para 2 and Article 102 para 1 in the version of the Federal Constitutional Law BGBl. I No. 49/2012 enter into force on 1. September 2012; simultaneously the ordinance of the Federal Government on the constitution of Federal Police Directorates and the determination of the regional competence (Federal Police Directorate ordinance), BGBl. II No. 56/1999, is repealed.
  54. For the entering into force of the provisions having been modified or inserted by Federal Law BGBl. I No. 51/2012 and for the invalidation of the provisions repealed by this Federal Law as well as the transition to the new legal situation, the following is to be applied:
    1. The organizational and personal measures necessary for the beginning of the activity of the Administrative Courts may already be taken upon expiry of the day of publication of the Federal Law BGBl. I No. 51/2012. For the appointment of members of the Administrative Courts before the 1. January 2014, Article 134 para 2, 3, 5 and 6 in the version of the Federal Law BGBl. I No. 51/2012 apply with the proviso, that the triple proposals of the plenary assembly of the Administrative Court resp. a committee to be elected among its members are not required.
    2. Entitled to be appointed as member of the respective Administrative Court of the Federation is:
      1. who is Chairman, Deputy Chairman or President of a chamber of the Federal Tender Office on 1. July 2012 and applies to be appointed member of the Administrative Court of the Federation and has the personal and professional qualification to fulfil the tasks linked with the planned employment;
      2. who is member of the Independent Finance Senate on 1. July 2012 and applies to be appointed member of the Administrative Court of the Federation for Finance and has the personal and professional qualification to fulfil the tasks linked with the planned employment.
    3. The President and the Vice-President of the Administrative Court of the Federation are to be appointed by the Federal Government within six weeks after expiry of the day of publication of Federal Law BGBl. I No. 51/2012.
    4. The application to be appointed as other member of the respective Administrative Court of the Federation may be filed till the expiry of 31. December 2012. The preconditions of Article 134 para 3 last phrase are deemed to be fulfilled for such applicants. The Federal Government decides on the appointment of such applicants till the expiry of 28. February 2013. Persons, whose application is denied, are entitled to file complaint against the refusing ruling according to Article 130 para 1 subpara a with the (Federal) Administrative Court and according to Article 144 with the Constitutional Court.
    5. The right to appoint members for the Administrative Courts of the Laender and the procedure on the appointment are to be determined by Landes-Law under equal principles.
    6. Article 10 para 1 subpara 3, Article 10 para 1, subpara 8, Article 11 para 2, Article 14a para 5 first phrase, Article 14b para 5 second phrase, Article 15 para 6 last-but-one phrase, Article 18 para 5, Article 22, Article 23f para 2, Article 42a, Article 43, Article 49 para 2, Article 50 para 2 and 3, Article 97 para 2 and 4, Article 101a, Article 102 para 2, Article 117 para 8, Article 118 para 3 subpara 9, Article 127c subpara 3, Article 140a, Article 147 para 3, Article 148a para 3 subpara 3 and Article 148b para 1 first phrase in the version of the Federal Law BGBl. I No. 51/2012 as well as Article 131 para 3 in the version of Article 1 subpara 61 and Article 134 para 3 in the version of Article 1 subpara 62 of this Federal Law enter into force upon expiry of the month of the publication; simultaneously Article 15 para 5, Article 98 and Article 127c subpara 4 become invalid. Article 10 para 1 subpara 1, Article 11 para 9 (para 7 new), Article 12 para 4 (para 2 new), Article 20 para 2, Article 21 para 1 last phrase, Article 81b para 3 first phrase, the headline to chapter B of the third main part, Article 82 para 1, Article 83 para 1, Article 86 para 1, Article 87 para 3, Article 88 para 2 and 3, Article 88a, Article 89 para 1 to 3 and 5, Article 90 para 1, Article 90a, Article 94, Article 109, Article 112, Article 115 para 2, Article 118 para 4, Article 119a para 9, the articles 129 to 136 including the headlines of the chapters (chapter A new of the seventh main part), the headline of chapter D (chapter B new) of the seventh main part, Article 138 para 1 subpara 2, Article 139 para 1, 3 and 4 first phrase, Article 139a, Article 140 para 1, 3 last phrase and 4 first phrase, Article 141 para 1, Article 144, Article 147 para 8, Article 148i para 1 and 2 and the exhibit in the version of Federal Law BGBl. I No. 51/2012 enter into force on 1. January 2014; simultaneously Article 11 para 7 and 8, Article 12 para 2 and 3, Article 14b para 6, Article 15 para 7, Article 81a para 4 last phrase, Article 81c para 3, Article 103 para 4, Article 111, Article 119a para 5, Article 141 para 3, Article 144a and Article 148e become invalid.
    7. On 1. January 2014 the Asylum Court becomes Administrative Court of the Federation; the members of the Asylum Court become members of the Administrative Court of the Federation.
    8. On 1. January 2014 the Independent Administrative Senates in the Laender, the Federal Tender Office and the Independent Finance Senate (in the following: Independent Administrative Authorities) are dissolved; in addition the Administrative Authorities named in the exhibit (in the following: other Independent Administrative Authorities) are dissolved. The jurisdiction to continue the proceedings pending on the expiration of 31. December 2013 at these authorities as well as the proceedings pending at the Supervisory Authorities on representations (Article 119a para 5) passes to the Administrative Courts; this also applies to procedures pending at other authorities in which these authorities may be superior authority on the merits or Superior Authority in the course of appeal, with the exception of organs of the municipality.
    9. The Administrative Courts replace the Independent Administrative Authorities, other Independent Administrative Authorities and, to the extent complaint procedures are concerned, all other Administrative Authorities except those Administrative Authorities having decided in first and final instance or had been under the onus to decide, as well as with the exception of organs of the municipality, replace the Administrative Courts in procedures pending at the (Federal) Administrative Court and at the Constitutional Court upon expiry of 31. December 2013. After termination of the procedure before the Administrative Court concerning the ruling or the lack of decision of an Independent Administrative Authority or before the Constitutional Court concerning the ruling of such, the procedure is eventually to be continued before the Administrative Court.
    10. Article 131 para 3 in the version of Article 1 subpara 61 of the Federal Law BGBl. I No. 51/2012 continues to be applied in complaint procedures pending at the (Federal) Administrative Court upon expirv of 31. December 2013.
    11. Further details on the transition of jurisdiction will be determined by Federal Law.
  55. Article 50a to 50d in the version of Federal Law BGBl. I Nr. 65/2012 enter into force simultaneously with the agreement to constitute the European Stability Mechanism.
  56. Article 10 Paragraph 1 Subparagraph 11 and 15 as well as Article 102 Paragraph 2 as amended by federal law BGBI. I Number 59/2013 shall be issued by the end of the month by promulgation of this federal law.“
  57. With the federal constitutional law BGBI.I Number 114/2013 as amended, the following become valid or invalid:
    1. Paragraph 51 Subparagraph 4 and 6 as of June 6, 2012;
    2. Article 49 Paragraph 2 Subparagraph 1 as of July 1, 2012;
    3. Article 7 Paragraph 4, Article 12 Paragraph 1 Subparagraph 1, Article 14a Paragraph 1, Article 16 Paragraph 5, Article 52 Paragraph 4, Article 59b Paragraph 1 Subparagraph 2, Article 81 a Paragraph 1, Article 127 Paragraph 8, Article 147 Paragraph 6, Article 148 f as well as the footnote sign “*” in Paragraph 11 Subparagraph 2 and the footnote concerning the provision by the end of the month of the proclamation of this federal constitutional law;
    4. Article 94 Paragraph 2 as of January 1, 2014;
    5. Article 89 Paragraph 2 to 4, Article 139 Paragraph 1, 1a, 1b, third last sentence, 4 and 7 and Article 140 Paragraph 1, 1a, 1b, third last sentence, 4 and 8 as of January 1, 2015.
  58. Article 6 Paragraph 4, Article 10 Paragraph 1 Subparagraph 1, Article 130 Paragraph 5 and Article 141 Paragraph 1 letter g as amended by federal constitutional law BGBI.I Number 115/2013 becomes valid January 1, 2014.
  59. With the school authority – administration reform law 2013, BGBI.I number 164/2013 is becomes valid:
    1. Article 14 Paragraph 5 letter a and b as well as the introduction sentence of Article 81b Paragraph 1 with the end of the day of publication in the federal law gazette,
    2. Article 81a Paragraph 1 on September 1, 2013,
    3. Article 14 Paragraph 3 letter a, Paragraph 4 letter a, Article 81 a Paragraph 2 and 3, Article 81b Paragraph 1 (as long as it is not concerned by subparagraph 1), Article 132 Paragraph 1 and 4 as well as Article 133 Paragraph 6 as of August 1, 2014.

Article 152

The execution of this law is entrusted to the Federal Government.

Please check out our other thought-provoking articles if you did like this one:

Get more fascinating contents like this on Facebook.

More from Xtra