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 … (1) Pursuant to Article 142, the members of the Federal Government (Articles 69 and 71) are responsible to the House of Representatives (Nationalrat). (4) Article 89 applies analogously to the Administrative Court. The latter shall rescind the ruling if the right of the intervener has been infringed and remand the matter to the County. (2) Its own sphere of competence comprises, apart from the matters mentioned in Article 116 (2), all matters exclusively or preponderantly concerning the local community as personified by a County, and suited to performance by the community within its local boundaries. Likewise on application by the Federal Government in the case of legal norms republished by a State. (2) If someone deputizes for the President, the provisions of Article 123 (1) apply to the deputy. (2) The Federation can in all these legal relations never be placed by State legislation in a position less favorable than that of the State concerned. (3) The Senate (Bundesrat) will be convoked by its President at the seat of the House of Representatives (Nationalrat). Pardons for acts punishable by the courts are extended by federal law. 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) A State constitutional law can be passed only in the presence of half the members of the State Parliament and with a two thirds majority of the votes cast. Austria's accession to EU in 1995 was considered such a change. (1) Under the direction of the highest authorities of the Federation and the States elected temporary functionaries or permanent appointees conduct the administration in accordance with the provisions of the laws. (3) Notwithstanding the power otherwise vested in the Federal President in accordance with Article 70 (1), the Federal Government or its individual members shall in the legally specified contingencies or at their own wish be removed from office. (3) Supreme command over the Federal Army is exercised by the competent Federal Minister (Article 76 (1)). In Vienna, the State school board shall also undertake the duties of the District school board and be known as the Vienna City School Board. Their use is safeguarded by law. In the State Vienna the chain of appeal in matters of the indirect Federal administration, unless precluded by federal law, is from the Magistrate acting as District administrative authority or, in so far as federal authorities are in the first instance entrusted with their execution (Article 102 (1) second sentence), from them to the Mayor in his capacity as State-Governor; in other respects Article 103 (4) applies. (1) The President and the Vice-President of the Auditing Board are entitled to participate in the debates by the House of Representatives (Nationalrat) and its committees (sub-committees) on reports by the Auditing Board, on the final Federal budget accounts, and on the sections relating to the Auditing Board in the Federal Finance bill. (1) The law on the organization of the courts will prescribe an age limit upon whose attainment judges will be put on the permanently retired list. Chapter I General Provisions [] Article 1 [Republic, Democracy] []Austria is a democratic republic. Should delay be dangerous, such federal expenditure, in so far as it does not exceed 1,000,000.- Schilling, can be undertaken with the consent of the Main Committee of the House of Representatives (Nationalrat); the sanction of the House of Representatives (Nationalrat) shall subsequently be requested. (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. (7) If a law has been rescinded on the score of unconstitutionality or if the Constitutional Court has, pursuant to Paragraph (4), pronounced a law unconstitutional, all courts and administrative authorities are bound by the Court's decision. In area, the Republic of Austria is slightly smaller than Maine, Scotland, or Hokkaidō and home to an ethnically and culturally homogeneous population of eight and a half million people. 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. (1) Apart from the cases stated in Articles 60 (6), 63 (2), 64 (4), and 68 (2), the Federal Assembly is convoked by the Federal President. (2) In criminal proceedings the procedure is by indictment. The president does not have the power to veto bills, his or her signature is a technical formality notarizing that the bill has been introduced and resolved upon in accordance to the procedure stipulated by the constitution. … In so far as such an ordinance is meant to assign competence to a Federal authority, it requires the approval of the Federal Government. (1) The colors of the Republic of Austria are red-white-red. The president is elected by popular vote for a term of six years and limited to two consecutive terms of office. La convenzione venne inaugurata dall'arciduca Giovanni d'Asburgo-Lorena il 22 luglio 1848 … The complainant shall be informed of the investigation's outcome and what action, if necessary, has been taken. (2) The Deputy Prime Minister (Vizekanzler) is entitled to deputize for the Federal Prime Minister (Bundeskanzler) in his entire sphere of competence. (1) The Federal President can dissolve the House of Representatives (Nationalrat), but he may avail himself of this prerogative only once for the same reason. Implementation shall, in accordance with his instructions, lie with the Federation or States authorities, including the Federal Army, appointed at his discretion for the purpose. (1) The highest executive authorities are the Federal President, the Federal Ministers and the Secretaries of State, and the members of the State Governments. In the latter case the Federal Government must immediately meet this demand. (2) Every motion proposed by 100,000 voters or by one sixth each of the voters in three States shall be submitted by the main electoral board to the House of Representatives (Nationalrat) for action. 11. (2) The result of a referendum shall be officially announced. (5) The Auditing Board shall inform the Mayor of the result of its examination for submission to the County Parliament and for the delivery of possible comment which must be made within three weeks. The countersignature guarantees only the legality of the debt incurred and its proper entry in the National Debt ledger. (3) The voters exercise their franchise in constituencies each of which must comprise a territorial unit. It also pronounces on application by the Federal Government whether ordinances issued by a State authority are contrary to law, and likewise on application by the County concerned whether ordinances issued by a County supervisory authority in accordance with Article 119a (6) are contrary to law. If the Court has in its rescissory judgment set a deadline pursuant to Paragraph (5), the ordinance shall apply to all the circumstances effected, the case in point excepted, till the expiry of this deadline. At the end of a session individual committees can be instructed by the House of Representatives (Nationalrat) to continue their work. (2) Save in so far as the Defence Law reserves disposal over the Federal Army to the Federal President, disposal over it lies with the competent Federal Minister within the limits of the authorization conferred on him by the Federal Government. Detailed provisions about the electoral procedure and possible compulsory voting will be established by a federal law. The filling of official appointments likewise ensues on the basis of the draft Federal Finance Act submitted to the House of Representatives (Nationalrat). A right of supervision (Article 119a) pertains to the Federation and to the State over the County with respect to its performance in its own sphere of competence. This same law shall in particular lay down the reasons held to excuse non-participation in the election regardless of compulsory voting. A substitute will be appointed for each member. (3) A County is guaranteed official responsibility in its own sphere of competence particularly for performance of the following matters: (4) The County shall perform the business for which it is competent within the framework of the laws and ordinances of the Federation and the State on its own responsibility free from instructions and -- subject to the provisos of Article 119a (5) -- to the exclusion of legal redress to administrative authorities outside the County. Such an enactment may only be published with Federal Government approval. The latter, should he not himself be conducting the relevant business of the indirect Federal administration, is responsible (Article 142 (2)(d)) for passing the instruction in writing without delay and unaltered to the State Government member concerned and for supervising its implementation. Within four weeks of the submission, the House of Representatives (Nationalrat) must either vote a corresponding federal law in place of the ordinance or pass a resolution demanding that the ordinance immediately become invalidated. The President is bound immediately to convoke the Senate (Bundesrat) if at least one quarter of its members or the Federal Government so demands. La genesi è nella Costituzione austriaca … Il quarto decennio dell’800 è stato un periodo di rivoluzione e pochi luoghi in Europa non hanno visto disordini civili. After the U.S. and the British Dominions (such as Canada and Australia), where the regular court system is in charge of judicial review, Austria was one of the earliest countries to have judicial review at all (although the Czechoslovak Constitution came into force earlier, the establishment of the Court's new rights itself predated the Czechoslovak Court by a couple of months[4]). The number of deputies shall be divided among the qualified voters of a constituency in proportion to the number of nationals in the constituencies, i.e., the number of federal nationals who in accordance with the result of the last census had their domicile in the constituencies. (2) The federal territory will be divided into self-contained constituencies whose boundaries may not overlap States boundaries. The internal organization of the Parliamentary Staff for matters of the Senate (Bundesrat) shall be settled in agreement with the President of the Senate (Bundesrat) who is likewise invested with authority to issue instructions as to implementation of the functions assigned to the Senate (Bundesrat) on the basis of this law. (4) Meetings of the County Parliament are public, but provision can be made for exceptions. (1) During his tenure of office, the Federal President may not belong to any popular representative body nor exercise any other occupation. (2) Universal national defence comprises military, intellectual, civil, and economic national defence. nearly contemporaneous with Czechoslovakia, https://www.parlament.gv.at/PAKT/VHG/XXIV/I/I_01618/index.shtml, "The Austrian Convention and Constitutional Reform", https://en.wikipedia.org/w/index.php?title=Constitution_of_Austria&oldid=990278293, Creative Commons Attribution-ShareAlike License, Official Austrian Law online research tool (, This page was last edited on 23 November 2020, at 20:18. (2) The Auditing Board also examines the financial administration of enterprises where the Federation is either the sole participant or holds at least fifty percent of the share capital together with other legal entities falling within the competence of the Auditing Board or where the Federation is either their sole or joint operator with other such legal entities. (2) The Federal President can authorize the Federal Government or the competent members of the Federal Government to conclude certain categories of treaties which do not fall under the terms of Article 50; such an authorization extends also to the power to issue ordinances in accordance with Article 65 (1) second sentence. 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. A civil servant with legal training shall be appointed to take charge as Magistrate Director of the Magistrate's internal services. As regards the concept of financial participation, Article 126b (2) applies analogously. Tra il 1821 e il 1830 a dominare la situazione nel regno meridionale furono preminentemente: la presenza militare austriaca, totalmente a spese del bilancio dello stato delle Due Sicilie, la restaurazione e la … (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.
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