(4) The condemnation by the Constitutional Court shall pronounce a forfeiture of office and, in particularly aggravating circumstances, also a temporary forfeiture of political rights. L'adesione dell'Austria all'Unione europea avvenuta il 1° gennaio 1995 ha comportato una revisione globale della Costituzione federale austriaca. (1) The procedure for an initiative and a referendum will be prescribed by federal law. The alternation of service will take place with the agreement of the authorities competent to exercise the service prerogative. (1) Every State Parliament can be dissolved by the Federal President at the request of the Federal Government and with the sanction of the Senate (Bundesrat). This does not apply if rescission of the whole ordinance manifestly runs contrary to the legitimate interests of the litigant who has filed an application pursuant to the last sentence in Paragraph (1) or whose suit has been the occasion for the initiation of ex officio examination proceedings into the ordinance. Federal and state judicial authority, in particular responsibility for judicial review of administrative acts, lies with the Administrative and Constitutional Court System, a structure essentially consisting of the Constitutional Court and the Administrative Court. (2) The House of Representatives (Nationalrat)'s Standing Orders are applied analogously in the Federal Assembly. In so far as such County Associations are to undertake matters within the County's own sphere of competence, the members of the County Association shall be accorded decisive influence upon the performance of the association's functions. … (2) The public shall be excluded if the Speaker or one fifth of the members present so demand and the House of Representatives (Nationalrat) votes this after the withdrawal of the audience. The Constitutional Court examines the constitutionality of laws passed by Parliament, the legality of regulations by Federal ministers and other administrative authorities and finally alleged infringements of constitutional rights of individuals through decisions of the lower administrative courts. (1) Before assuming office, the members of the Federal Government render an affirmation to the Federal President. In so far as such an ordinance is meant to assign competence to a Federal authority, it requires the approval of the Federal Government. (3) The calculation shall also examine the financial administration of enterprises where a County with at least 20,000 inhabitants is either the sole participant or holds at least fifty per cent of the share capital together with other legal entities falling within the competence of the Auditing Board or where the County is either their sole or joint operator with other such legal entities. The motion in the Senate (Bundesrat) must be carried in the presence of half the members and with a two thirds majority of the votes cast. : LG, singular: Landesgericht) serving as courts of appeal and the Supreme Court (Oberster Gerichtshof, abbrev. (1) The members of the House of Representatives (Nationalrat) may never be made responsible for votes cast in the exercise of their function and only by the House of Representatives (Nationalrat) on the grounds of oral or written utterances made in the course of their function. Such ordinances may not violate existent laws and ordinances of the Federation and State. The currently 64 members of the Federal Council are elected by Austria's nine state legislatures under a statute allocating seats roughly proportional to state population size (The largest Bundesland being entitled to twelve members, the others accordingly, but no state to less than three.) If the House of Representatives (Nationalrat) so decides or if the majority of members of the House of Representatives (Nationalrat) so demands, every enactment of the House of Representatives (Nationalrat) shall be submitted to a referendum upon conclusion of the procedure pursuant to Article 42 but before its authentication by the Federal President. (1) The House of Representatives (Nationalrat) elects the Speaker, the Second, and Third Speakers from among its members. (1) Pursuant, to the following provisions, the States are represented in the Senate (Bundesrat) in proportion to the number of nationals in each of them. (2) Nonetheless, the Federal Minister entrusted with the administration of Federal assets can assign the performance of such business to a State-Governor and the authorities subordinate to him. In a vote of sanction adopted pursuant to Paragraph (1), such treaties or such provisions as are contained in treaties shall be explicitly specified as "constitutionally modifying". (3) Every male Austrian national is liable for military service. The president was also to be vested with the authority to dissolve the parliament, a power typically not held by heads of executive branches of parliamentary republics. Il consiglio di guerra. On application by the Ombudsmen Council, the Constitutional Court pronounces on the illegality or otherwise of ordinances by a Federal authority. (1) Complaint about illegality can be brought against the ruling of an administrative authority by: (2) The Federal or State laws relating to the individual fields of administration regulate under what conditions complaints about illegality are admissible against administrative authorities' rulings in cases other than those stated in Paragraph (1). A division of the electorate into other electoral bodies is not admissible. The Senate (Bundesrat) can propose legislative motions to the House of Representatives (Nationalrat) by way of the Federal Government. Over time, both the B-VG and the numerous pieces of constitutional law supplementing it have undergone hundreds of minor and major amendments and revisions. (2) The President of the Auditing Board has, in accordance with the detailed provisions of the Federal law on the House of Representatives (Nationalrat)'s Standing Orders, always the right to be heard at his own request in the debates on the subjects listed in Paragraph (1). (1) Legislation and execution in matters of the service code for and staff representation rights of employees of the States, the Counties, and the County Associations are, save as provided otherwise, in all matters in Paragraph (2) and Article 14 (2) and (3)(d), incumbent on the States. (1) The Federal Prime Minister (Bundeskanzler) is empowered jointly with the competent Federal Ministers to restate with binding effect federal laws in their valid version by publication in the Federal Law Gazette. (1) Every State is divided into Counties. Il 23 giugno 1848 scesero in piazza a Parigi gli operai francesi ma l’esercito riuscì a soffocare la rivolta con il sangue. There have even been cases where a provision that had been previously declared unconstitutional by the competent Constitutional Court has subsequently been enacted as constitutional law. Federal law prescribes to what extent the States participate in the recruitment, provisioning, and accommodation for the Army and the supply of its other requirements. (5) Official titles for the functionaries of the Federation, the States, the Counties, and the County Associations can be laid down by federal law in a standardized form. (1) The House of Representatives (Nationalrat) elects its Main Committee from its members in accordance with the principle of proportional representation; it can be laid down by federal law that certain ordinances by the Federal Government or a Federal Minister need the agreement of the Main Committee and that reports by the Federal Government or a Federal Minister shall be rendered to the Main Committee. It acts in matters pertaining to Federal administration of public funds as agent for the House of Representatives (Nationalrat), in matters pertaining to States, County Associations, and local administration of public funds as agent for the State Parliament concerned. (4) 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 direct infringement of his personal rights through the ordinance's illegality, the Court must pronounce whether the ordinance contravened the law. La Costituzione della Repubblica Romana fu ratificata il 3 luglio 1849, in Campidoglio, mentre Roma era assediata dalle truppe chiamate da Papa Pio IX. (2) The Senate (Bundesrat) furnishes itself with Standing Orders by way of resolution. : OGH) serving as the court of last resort. (2) At the time of giving its sanction to a treaty which falls under Paragraph (1), the House of Representatives (Nationalrat) can decide that the treaty in question shall be implemented by the issue of laws. (2) Persons acting on behalf of one of the legal entities specified in Paragraph (1) 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) The Federal President declares sessions of the House of Representatives (Nationalrat) closed in pursuance of a vote by the House of Representatives (Nationalrat). Austria's constitutional framework nevertheless characterizes the republic as a federation consisting of nine autonomous federal states:[1], Just like the federation, the nine states of Austria all have written state constitutions defining them to be republican entities governed according to the principles of representative democracy. (9) The County has the status of a party to supervisory authority proceedings; it is entitled to lodge complaints with the Administrative Court (Articles 131 and 132) and with the Constitutional Court (Article 144) against the supervisory authority. (3) The premise for a decision by the Constitutional Court in challenges to the result of initiatives or referenda will be prescribed by Federal law. (2) Otherwise judges may be removed from office or transferred against their will or superannuated only in the cases and ways prescribed by law and by reason of a formal judicial decision. Anyone with House of Representatives (Nationalrat) suffrage is entitled to vote. Dal 1815 al 1848 la direttiva principale della politica asburgica fu la conservazione dello status quo territoriale e istituzionale stabilito a Vienna dalle potenze vincitrici, resa sempre più difficile dai … (5) The competent Federal Minister can control in person or through officials of the Federal Ministry in his charge the condition and performance of those schools and student hostels which are subordinate to the Federal Ministry by way of the State school board. In this connection, too, the constitutional establishments and their capacity to function as well as the democratic freedoms of residents require to be safeguarded and defended against acts of armed attack from outside. (3) A special federal law on the Federal Law Gazette will he promulgated. Such an ordinance shall be rescinded as soon as the reason for its issue has ceased. This applies analogously in the case of decisions in accordance with Paragraph (2). (2) Inasmuch as a State law foresees in its execution the co-operation of Federal authorities, the approval of the Federal Government must be obtained. (1) During his tenure of office, the Federal President may not belong to any popular representative body nor exercise any other occupation. (2) The State Parliament electoral regulations may not impose more stringent conditions for suffrage and electoral eligibility than the electoral regulations for the House of Representatives (Nationalrat). (2) The presence of more than half the members is required for a motion which proffers a charge pursuant to Article 142. (2) A State Government, when it draws up its Standing Orders, can decide that specific categories of business of the indirect Federal administration shall be conducted by members of the State Government in the name of the State-Governor because of their substantive relationship with matters of the State's autonomous sphere of competence. (2) In case of dissolution, writs for new elections shall be issued within three weeks in accordance with the provisions of the State constitution; the convocation of the newly elected State Parliament must take place within four weeks after the election. (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 Paragraphs (3) and (4) belongs to the States. He may issue ordinances inasmuch as these exclusively concern administrative matters regulated by this Article. (5) The Senate (Bundesrat) can raise no objection to resolutions of the House of Representatives (Nationalrat) relating to a law on the House of Representatives (Nationalrat)'s Standing Orders, the dissolution of the House of Representatives (Nationalrat), the appropriation of the Federal Budget estimates, the sanction of the final Federal Budget, the raising or conversion of federal loans, or the disposal of federal property. la costituzione della repubblica austriaca (1 ottobre 1920) forma di stato federale (9 regioni autonome) la forma di governo offre un esempio tipico di . If the House of Representatives (Nationalrat) in accordance with Article 29 (1) is dissolved by the Federal President, participation in the executive power which in accordance with this law otherwise lies with the House of Representatives (Nationalrat) devolves to the Standing Sub-Committee. Matters of university training do not fall under agricultural and forestry schooling. (2) No one may be deprived of his lawful judge. Should such a person belong to the County Parliament, the membership is not affected. (1) The Auditing Board annually renders the House of Representatives (Nationalrat), not later than 15 October, in any year a report on its activities. (1) The performance of certain kinds of business, which shall be exactly specified and fall within the jurisdiction of a civil court of first instance, can by federal law be assigned to specially trained employees of the Federation who are not Judges. The president may also dissolve the National Council, but only once for the same reason during his term of office. From 2003 to 2005, a constitutional convention (Österreich Konvent)[5] consisting of representatives of all parties, representatives of all layers of government and many groups of Austrian society debated whether and how to reform the constitution. (1) The constitution and competence of the courts is laid down by federal law. (5) In case of a member's apprehension in the act of committing a crime, the authority concerned must immediately notify the Speaker of the House of Representatives (Nationalrat) of the occurrence of the arrest. (2) The addition of a religious assertion is admissible. As a practical matter, however, it continues to function as a parliament anyway. The combination of Local Counties into Regional Counties, their establishment in line with the pattern of self-administration, and the determination of other principles for the organization of the ordinary public administration in the States is the business of Federal constitutional legislation; its implementation devolves upon the State legislatures. La rivoluzione del 1848 … Austria has been governed by multiple constitutions, including the Pillersdorf Constitution in 1848, the "irrevocable" Stadion Constitution from 1848 to 1851, the October Diploma in 1860, the February Patent from 1861 until 1865. The right holds a golden sickle with inward turned blade, the left a golden hammer. (5) The Federal President holds office for six years. As regards the concept of financial participation, Article 126b (2) applies analogously. The state constitutions congruently define the states to be unicameral parliamentary democracies; each state has a legislature elected by popular vote and a cabinet appointed by its legislature. A division of the electorate into other electoral bodies is not admissible. L'imperatore dovette così riconoscere la costituzione di Cadice. (2) The Deputy Prime Minister (Vizekanzler) is entitled to deputize for the Federal Prime Minister (Bundeskanzler) in his entire sphere of competence. The provisions of Article 12 (2) remain unaffected. (4) To what extent the federal public safety administration shall within its local sphere of competence be assigned executive responsibility in the domain of the highway police, except the local traffic police (Article 118 (4) no.4) and the river and navigation police on the Danube, Lake Constance, Lake Neusiedl, and boundary stretches of other frontier waters, shall be prescribed in corresponding laws of the Federation and the State concerned. (1) Pursuant to Article 142, the members of the Federal Government (Articles 69 and 71) are responsible to the House of Representatives (Nationalrat). (1) Save as provided differently by law, the presence of at least one third of the members and an absolute majority of the votes cast is requisite to a resolution by the Senate (Bundesrat). (5) During a session the Speaker of the House of Representatives (Nationalrat) convokes the individual sittings. The Federal Council is sometimes compared to the British House of Lords, another deliberative body able to stall but usually not to strike down proposed law. Bills passed by the National Council are sent to the Federal Council for affirmation. The responsibility for implementing law was to reside with a cabinet headed by a chancellor, who was nominated by the National Council on a motion by its principal committee. (1) The administration of the Federation in the field of schooling and in the field of education in matters of student hostels shall be undertaken by the competent Federal Minister and -- in so far as neither the university and fine arts academical system nor the agricultural and forestry school system nor the forestry and agricultural educational system in matters of student hostels are concerned -- by the school authorities of the Federation subordinate to the competent Federal Minister. (5) Whoever alleges infringement of his rights through the ruling of a local authority in matters belonging to its own sphere of competence can, after exhausting all channels of appeal (Article 118 (4)), within two weeks after issuing of the ruling make representations against it to the supervisory authority. (3) After expiry of the legislative period of a State Parliament or after its dissolution, the members delegated by it to the Senate (Bundesrat) remain in office until such time as the new State Parliament has held the election to the Senate (Bundesrat). Who shall act in the House of Representatives (Nationalrat) as deputy for the President of the Auditing Board is settled by the Federal law on the House of Representatives (Nationalrat)'s Standing Orders. (1) The Federation has powers of legislation and execution in the following matters: (2) In federal laws on the right of succession to undivided farm estate as well as in federal laws promulgated in accordance with Paragraph (1) no.10, State legislatures can be empowered to issue implementing provisions with respect to individual provisions which must be specifically designated. (2) The application for the institution of legal process against the Federal President shall be filed by the competent authority with the House of Representatives (Nationalrat) which votes whether the Federal Assembly shall deal with the matter. (2) The Ombudsmen Council must observe official secrecy to the same degree as the authority whom it has approached in the fulfillment of its tasks. For example, the B-VG does not include a bill of rights, but provisions on civil liberties are split up over various constitutional pieces of legislation. The aforementioned instructions by the Federal President require, if it is a matter of enforcements against the Federation or Federal authorities, no countersignature in accordance with Article 67. All such complaints must be investigated by the Ombudsmen Council. (2) Before expiry of a legislative period the House of Representatives (Nationalrat) can vote its own dissolution by simple law. The provision of Article 26 (1) last sentence applies analogously; the reasons which are held to excuse abstention may not be more restrictive than in the electoral regulations for the House of Representatives (Nationalrat). (4) 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 direct infringement of personal rights through the law's unconstitutionality, the Court must pronounce whether the law was unconstitutional. Such an enactment may only be published with Federal Government approval. (4) The detailed provisions with respect to Paragraphs (1) to (3) will be established by federal law. Given that more than one fifth of its inhabitants are concentrated in the city of Vienna and its suburbs, the nation is also naturally unipolar in terms of both economic and cultural activity. (3) If the Constitutional Court finds that a right within the meaning of Paragraph (1) has not been infringed by the challenged ruling or the exercises of direct administrative power and compulsion, and if it does not concern a case that in accordance with Article 133 is barred from the competence of the Administrative Court, the Court shall, on the request of the applicant, at the same time as it rejects the plea transfer the complaint to the Administrative Court for decision whether the applicant, by the ruling or the exercise of direct administrative power and compulsion, sustained the infringement of any other right. The Federal President can assign to special Federal Ministers the direction of particular matters which fall within the Federal Chancellery's competence, including the personnel establishment and organization of such business, notwithstanding that these matters continue to belong to the Federal Chancellery; such Federal Ministers have, in respect of the matters in question, the status of a competent Federal Minister. The latter shall be so arranged by the Federal Government as to enable the newly elected House of Representatives (Nationalrat) to meet on the day after the expiry of the fourth year of the legislative period. This participation will be prescribed by federal constitutional law. Assignment does not extend to the right to issue ordinances in accordance with Paragraph (6). These provisions do not apply to transfers and retirements which become necessary through changes in the organization of the courts. For members of a popular representative body elected for a fixed term of legislation or office such incompatibility continues until the expiry of that term of legislation or office even though they prematurely renounce their seat. He also had the authority to formally appoint the chancellor and the cabinet. (1) The Auditing Board is competent to examine the administration of public funds by Federation, States, County Associations, Counties and other legal entities determined by law. (2) To assert this responsibility, the Federal Assembly shall on the vote of the House of Representatives (Nationalrat) or the Senate (Bundesrat) be convoked by the Federal Prime Minister (Bundeskanzler). As a practical matter, the National Council is decidedly more powerful; the predominance of the National Council is such that Austrians frequently use the term "parliament" to refer to just the National Council instead of to the parliament as a whole. La presenza mili-tare austriaca a Milano era munitissima e comandata dal generale RADET- ZKY, ma la città intera combatté per le vie … Since constitutional convention prevents the president from using his power to dissolve the National Council on his own authority, the president is unable to hector the legislature into doing his or her bidding, and the cabinet is for all intents and purposes subject to National Council approval. He is also the official assistant of the State-Governor in matters of the indirect Federal administration. (8) In matters reserved to federal legislation in conformity with Articles 11 and 12, the Federation is entitled to control the observance of the regulations it has issued. (4) Before assumption of office, the State-Governor renders to the Federal President, the other members of the State Government render to the State-Governor, an affirmation with respect to the Federal Constitution. (3) If the draft Federal Budget submitted by the Federal Government in due time (Paragraph (1)) to the House of Representatives (Nationalrat) is not constitutionally sanctioned before expiry of the fiscal year and by that date no temporary provision has been made by federal law, then, during the first two months of the ensuing fiscal year, the taxes, levies, and imposts revenue shall be collected in accordance with the existing regulations and federal expenditure shall be defrayed to the account of the appropriations to be laid down by law, with the exception of expenditure of a kind not specially earmarked in the last Federal Finance Act. La Costituzione siciliana del 1848 fu la costituzione, ispirata al costituzionalismo inglese, adottata quell'anno nel neonato Regno di Sicilia, la parte siciliana del Regno delle Due Sicilie nel corso della rivoluzione siciliana del 1848… (2) The business of the assigned sphere of competence is performed by the Mayor. (2) The federal territory will be divided into self-contained constituencies whose boundaries may not overlap States boundaries. In such business the members concerned of the State Government are as much bound by the instructions of the State-Governor (Article 20) as is the latter by the instructions of the Federal Government or individual Federal Ministers. (3) In criminal proceedings for other punishable offenses Jurors take part in the administration of justice if the penalty to be imposed exceeds a limit to be determined by law.
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