Constitution (2004) (excerpts)

Constitution of the Federal Republic of Austria (2004) (excerpts)

Art. 10. (1) The Federation has powers of legislation and execution in the following matters:

1. the Federal Constitution, in particular elections to the National Council, and referenda as provided by the Federal Constitution; the Constitutional Court;

2. external affairs including political and economic representation with regard to other countries, in particular the conclusion of international treaties, notwithstanding Laender competence in accordance with Art. 16 para. 1; demarcation of frontiers; trade in goods and livestock with other countries; customs;

3. regulation and control of entry into and exit from the Federal territory; immigration and emigration; passports; deportation, turning back at the frontier, expulsion, and extradition from or through the
Federal territory;

4. Federal finances, in particular taxes to be collected exclusively or in part on behalf of the Federation; monopolies;

5. the monetary, credit, stock exchange and banking system; the weights and measures, standards and hallmark system;

6. civil law affairs, including the rules relating to economic association but excluding regulations which render real property transactions, legal acquisition on death by individuals outside the circle of legal heirs not excepted, with aliens and transactions in built-up real property or such as is earmarked for development subject to restrictions by the administrative authorities; private endowment affairs; criminal law, excluding administrative penal law and administrative penal procedure in matters which fall within the autonomous sphere of competence of the Laender; administration of justice; establishments for the protection of society against criminal or otherwise dangerous elements; the Administrative Court; copyright; press affairs; expropriation in so far as it does not concern matters falling within the autonomous sphere of competence of the Laender; matters pertaining to notaries, lawyers, and related professions;

7. the maintenance of peace, order and security including the extension of primary assistance in general, but excluding local public safety matters; the right of association and assembly; matters pertaining to personal status, including the registration of births, marriages and deaths, and change of name; aliens police and residence registration; matters pertaining to weapons, ammunition and explosives, and the use of fire-arms;

8. matters pertaining to trade and industry; public advertising and commercial brokerage; restraint of unfair competition; patent matters and the protection of designs, trade marks, and other commodity descriptions; matters pertaining to patent agents; matters pertaining to civil engineering; chambers of commerce, trade, and industry; establishment of professional associations in so far as they extend to the Federal territory as a whole, but with the exception of those in the field of agriculture and forestry;

9. the traffic system relating to the railways, aviation and shipping in so far as the last of these does not fall under Art. 11; motor traffic; matters, with exception of the highway police, which concern roads declared by Federal law as Federal highways on account of their importance for transit traffic; river and navigation police in so far as these do not fall under Art. 11; the postal and telecommunications system; environmental compatibility examination for projects relating to these matters where material effects on the environment are to be anticipated and for which the administrative regulations prescribe an alignment definition by way of ordinance;

10. mining; forestry, including timber flotage; water rights; control and conservation of waters for the safe diversion of floods or for shipping and raft transport; regulation of torrents; construction and maintenance of waterways; regulation and standardization of electrical plants and establishments as well as safety measures in this field; provisions pertaining to electric power transmission in so far as the transmission extends over two or more Laender matters pertaining to steam and other power-driven engines; surveying;

11. labour legislation in so far as it does not fall under Art. 12; social and contractual insurance; chambers for workers and salaried employees with the exception of those relating to agriculture and forestry;

12. public health with the exception of burial and disposal of the dead and municipal sanitation and first aid services, but only sanitary supervision with respect to hospitals, nursing homes, health resorts and natural curative resources; measures to counter factors hazardous to the environment through the transcendence of input limits; clear air maintenance notwithstanding the competence of the Laender for heating installations; refuse disposal in respect of dangerous refuse, but in respect of other refuse only in so far as a need for the issue of uniform regulations exists; veterinary affairs; nutrition affairs, including foodstuffs inspection; regulation of commercial transactions in seed and plant commodities, in fodder and fertilizer as well as plant preservatives, and in plant safety appliances including their admission and, in the case of seed and plant commodities, likewise their acceptance;

13. archive and library services for the sciences and specialist purposes; matters pertaining to Federal collections and establishments serving the arts and sciences; matters pertaining to the Federal theatres with the exception of building affairs; the preservation of monuments; religious affairs; census as well as
– allowing for the rights of the Laender to engage within their own territory in every kind of statistical activity – other statistics in so far as they do not serve the interests of one Land only; endowments and foundations when their purposes extend beyond a single Land’s sphere of interests and they have hitherto not been autonomously administered by the Laender;

14. organization and command of the Federal police and the Federal gendarmerie; settlement of the conditions pertaining to the establishment and organization of other protective forces with the exception of the municipal constabularies; settlement of the conditions pertaining to the armament of the protective forces and their right to make use of their weapons.

15. military affairs; matters pertaining to war damage and welfare measures for combatants and their surviving dependants; care of war graves; whatever measures seem necessary by reason or in consequence of war to ensure the uniform conduct of economic affairs, in particular with regard to the population’s supply with essentials;

16. the establishment of Federal authorities and other Federal agencies; service code for and staff representation rights of Federal employees;

17. population policy in so far as it concerns the grant of children’s allowances and the creation of burden equalizationon behalf of families;

18. elections to the European Parliament.

(2) In Federal laws on the right of succession to undivided farm estate as well as in Federal laws promulgated in accordance with para. 1 sub-para. 10 above Land legislatures can be empowered to issue implementing provisions with respect to individual provisions which must be specifically designated. The provisions of Art. 15 para. 6 shall be analogously applied to these Land laws.
Execution of the implementing laws issued in such cases lies with the Federation, but the enabling ordinances, in so far as they relate to the implementing provisions of the Land law, need foregoing agreement with the Land government concerned.

(3) The Federation must allow the Laender opportunity to present their views before its conclusion of treaties which within the meaning of Art. 16 render necessary enabling measures or affect the autonomous sphere of competence of the Laender in another way.

Art. 11. (1) In the following matters legislation is the business of the Federation, execution that of the

Laender:

1. nationality;

2. professional associations in so far as they do not fall under Art. 10, but with the exception of those
in the field of agriculture and forestry as well as in the field of alpine guidance and skiing instruction and
in that of sport instruction falling within Laender autonomous competence;

3. social housing affairs except for the promotion of domestic dwelling construction and domestic rehabilitation;

4. highway police;

5. sanitation;

6. inland shipping as regards shipping licences, shipping facilities and compulsory measures pertaining to such facilities in so far as it does not apply to the Danube, Lake Constance, Lake Neusiedl,
and boundary stretches of other frontier waters; river and navigation police on inland waters with the exception of the Danube, Lake Constance, Lake Neusiedl, and boundary stretches of other frontier waters;

7. environmental impact assessment for projects relating to these matters where material effects on the environment are to be anticipated; in so far as a need for the issue of uniform regulations is considered to exist, the approval of such projects.

(2) In so far as a need for the issue of uniform regulations is considered to exist, the administrative procedure, the general provisions of administrative penal law, the administrative penal procedure and the administrative execution also in matters where legislation lies with the Laender, in particular too in matters pertaining to taxation, are prescribed by Federal law; divergent regulations can be made in
Federal or Laender laws settling the individual spheres of administration only when they are requisite for regularization of the matter in hand.

(3) Enabling ordinances to the Federal laws promulgated in accordance with paras. 1 and 2 above shall be issued, save as otherwise provided in these laws, by the Federation. The manner of publication for enabling ordinances whose issue by the Laender in matters concerning para. 1, subparas. 4 and 6 above is empowered by Federal law can be prescribed by Federal law.

(4) The application of the laws promulgated pursuant to para. 2 and the enabling ordinances issued hereto lies with the Federation or the Laender, depending on whether the business which forms the subject of the procedure is a matter for execution by the Federation or the Laender.

(5) Federal laws can lay down uniform output limits for atmospheric pollutants in so far as a need for the issue of uniform regulations exists. These may not be exceeded in the Federal and Land regulations prescribed for the individual sectors of the administration.

(6) In so far as a need for the issue of uniform regulations is considered to exist, Federal law shall likewise prescribe the citizens participation procedure for projects to be governed by Federal law, the participation in the administrative procedures subsequent to a citizens’ participation procedure, and consideration of the results of the citizens’ participation procedure at the time of the issue of the requisite permissions for the projects in question as well as the approval of the projects specified in Art. 10 para. 1 sub-para. 9. In respect of the execution of these regulations para. 4 applies.

(7) In matters relating to para. 1 sub-para. 7 the decision after exhaustion of all appeal stages in the sphere of execution of each Land lies with the independent environment tribunal. The latter moreover is within the meaning of the regulations prescribing the administrative procedure the relevant senior authority concerned. The independent environment tribunal consists of the chairmen, judges and other legally versed members and will be constituted at the competent Federal Ministry. The establishment, the duties, and the procedure of the tribunal are prescribed by Federal law. Its decisions are not subject to repeal or amendment by way of appeal; complaint to the Administrative Court is admissible.

(8) If a project pursuant to para. 1 sub-para. 7 encompasses several Laender, the participant Laender shall in the first instance proceed by mutual agreement. If a mutually agreed decision is not issued within 18 months, competence passes at the request of a Land or a party concerned in the matter to the independent environment tribunal.

(9) In the matters specified in para. 1 sub-para. 7 the following powers are vested in the Federal Government and in the individual Federal ministries as against a Land Government:

1. the power to inspect via Federal agencies documents of the Land authorities;

2. the power to demand the transmission of reports respecting the execution of laws and ordinances issued by the Federation;

3. the power to demand for the preparation of the issue of laws and ordinances by the Federation all information necessary respecting execution;

4. the power in certain instances to demand information and the presentation of documents in so far as this is necessary for the exercise of other powers.

Art. 12. (1) In the following matters legislation as regards principles is the business of the Federation, the issue of implementing laws and execution the business of the Laender:

1. social welfare; population policy in so far as it does not fall under Art. 10; public social and welfare establishments; maternity, infant and adolescent welfare; hospitals and nursing homes; requirements to be imposed for health reasons on health resorts, sanatoria, and health establishments; natural curative resources;

2. public institutions for the adjustment of disputes out of court;

3. land reform, in particular land consolidation measures and resettlement;

4. the protection of plants against diseases and pests;

5. matters pertaining to electric power in so far as they do not fall under Art. 10;

6. labour legislation and the protection of workers and employees in so far as it is a matter of workers and employees engaged in agriculture and forestry.

(2) In matters pertaining to land reform the final decision and that at Land level lies with tribunals composed of a chairman and judges, administrative officials, and experts; the tribunal qualified to pronounce final judgment will be constituted within the framework of the competent Federal Ministry.
The organization, the duties and the procedure of the tribunals as well as the principles for the organization of other authorities concerned with matters pertaining to land reform will be prescribed by Federal law. This shall provide that the decisions by the tribunals are not subject to repeal and change by way of administrative ruling; the exclusion of ordinary appeal from the authority of first instance to the Land jurisdiction is inadmissible.

(3) If and inasmuch as the rulings of Land authorities in matters pertaining to electric power deviate from one another or a Land Government was the sole competent Land authority, the competence in such a matter passes, provided a party so demands within the deadline to be fixed by Federal law, to the Federal Ministry competent in the business. As soon as the Ministry has reached a decision, the rulings hitherto made by the Land authorities are invalidated.

(4) Fundamental laws and fundamental provisions in Federal legislation shall be expressly specified as such.

Art. 13. (1) The competences of the Federation and the Laender in the field of taxation will be prescribed in a special Federal constitutional law ("Constitutional Finance Law").

(2) The Federation, the Laender, and the municipalities must aim at the securement of an overall balance in the conduct of their economic affairs.

Art. 14. (1) Save as provided otherwise in the following paragraphs, legislation and execution in the field of schooling and in the field of education in matters pertaining to pupil and student hostels are the business of the Federation. The matters settled in Art. 14a do not belong to schooling and education within the meaning of this Article.

(2) Save as provided otherwise by para. 4 sub-para. a below, legislation is the business of the Federation, execution the business of the Laender in matters pertaining to the service code for and staff representation rights of teachers at public compulsory schools. Such Federal laws can empower Land legislatures to issue implementing provisions to individual provisions which shall be precisely specified; in these instances the provisions of Art. 15 para. 6 apply analogously. The enabling ordinances in respect of such Federation laws, save as provided otherwise herein, shall be issued by the Federation.

(3) In the following matters legislation as regards principles is the business of the Federation, the issue of implementing laws and execution the business of the Laender:

a) composition and disposition, including their members’ appointment and remuneration, of the boards to be constituted in the Laender and political districts as part of the Federal school authorities;

b) framework organization (structure, organizational forms, establishment, maintenance,
dissolution, local districts, sizes of classes and instruction periods) of public compulsory schools;

c) framework organization of publicly maintained student hostels provided exclusively or mainly for pupils of compulsory schools;

d) professional employment qualifications for kindergarten teachers and educational assistants to be employed by the Laender, municipalities, or municipal associations at the centres and student hostels provided exclusively or mainly for pupils of compulsory schools.

(4) In the following matters legislation and execution is the business of the Laender:

a) competence of antherities, on the basis of laws promulgated pursuant to para. 2 above, to exercise the service prerogative over teachers at public compulsory schools; the Laender laws shall provide that the Federal school authorities in the Laender and political Bezirke must participate in appointments, other selections for service positions, and awards as well as in eligibility and disciplinary proceedings. The participation in appointments, other selections for service positions, and awards shall at all events comprise a right of nomination on the part of the primary level Federal school authority;

b) the kindergarten system and the centres system.

(5) In the following matters legislation and execution are, in deviation from the provisions of paras. 2 to 4 above, the business of the Federation:

a) public demonstration schools, demonstration kindergartens, demonstration centres and
demonstration student hostels attached to a public school for the purpose of practical instruction as provided by the curriculum;

b) publicly maintained student hostels intended exclusively or mainly for pupils of the demonstration schools mentioned in sub-para. a above;

c) the service code for and staff representation rights of teachers, educational assistants and kindergarten teachers at the public institutions mentioned in sub-paras. a and b above.

(6) Public schools are those schools which are established and maintained by authorities so required by law. The Federation is the authority so required by law in so far as legislation and execution in matters pertaining to the establishment, maintenance and dissolution of public schools are the business of the Federation. The Land or, according to the statutory provisions, the municipality or a municipal association is the authority so required by law in so far as legislation or implementing legislation and execution in matters pertaining to establishment, maintenance and dissolution of public schools are the business of the Land. Admission to public school is open to all without distinction of birth, sex, race, status, class, language and religion, and in other respects within the limits of the statutory requirements.
The same applies analogously to kindergartens, centres and student hostels.

(7) Private schools are other than public schools; they shall be accorded public status according to the statutory provisions.

(8) The Federation is entitled, in matters which in accordance with paras. 2 and 3 above appertain to execution by the Laender, to obtain confirmation about adherence to the laws and ordinances issued on the basis of these paragraphs and can for this purpose delegate officials to the schools and student hostels. Should shortcomings be observed, the Governor can be instructed (Art. 20 para. 1) to redress the shortcomings within an appropriate deadline. The Governor must see to the redress of the shortcomings according to the statutory provisions and, to effect the execution of such instructions, is
bound also to employ the means at his disposal in his capacity as an authority acting on behalf of the Land in its autonomous sphere of competence.

(9) The general rules in Arts. 10 and 21 as to the distribution of competences for legislation and execution regarding conditions of service with the Federation, the Laender, the municipalities and the municipal associations apply in respect of the service code for teachers, educational assistants and kindergarten teachers, save as provided otherwise by the preceding paragraphs. The same applies to the staff representation rights of teachers, educational assistants, and kindergarten teachers.

(10) In matters pertaining to the school authorities of the Federation in the Laender and political districts, compulsory schooling, school organization, private schools, and the relationship between school and the Churches (of various denominations) including religious instruction at school, the National Council, in so far as matters pertaining to universities and fine arts academies are not concerned, can vote Federal legislation only in the presence of at least half the members and by a two thirds majority of the votes
cast. The same applies to the ratification of treaties negotiated on these matters and which fall into the category specified in Art. 50.

(11) (Repealed)

Art. 14a. (1) Save as provided otherwise in the following paragraphs, legislation and execution are the business of the Laender with regard to agricultural and forestry schooling as well as with regard to agricultural and forestry education in matters pertaining to student hostels and in matters pertaining to the service code for and staff representation rights of teachers and educational assistants at the schools and student hostels falling under this Article. Matters pertaining to university training do not fall under agricultural and forestry schooling.

(2) Legislation and execution is the business of the Federation in the following matters:
a) secondary agricultural and forestry schools and schools for the training and supplementary training of teachers at agricultural and forestry schools;
b) technical colleges for the training of forestry employees;
c) public agricultural and forestry technical colleges linked organizationally with one of the public schools mentioned in sub-paras. a and b above or with a Federal agricultural and forestry research institute to ensure provision of the demonstrations scheduled in the curricula;
d) student hostels exclusively or mainly designated for pupils of the schools mentioned in subparas. a to c above;
e) service code for and staff representational rights of the teachers and educational assistants in the establishments mentioned in sub-paras. a to d above;
f) subsidies for staff expenditure of the denominational agricultural and forestry schools;
g) Federal agricultural and forestry institutes linked organizationally with an agricultural and forestry school supported by the Federation to ensure provision of the demonstrations scheduled in the curricula of these schools.

(3) Save as it concerns matters mentioned in para. 2 above, legislation is the business of the Federation, execution the business of the Laender in matters of
a) religious instruction;
b) the service code for and staff representation rights of teachers at public agricultural and forestry vocational schools and technical colleges and of educational assistants at publicly maintained student hostels exclusively or mainly designated for pupils of these schools, excepting however matters of official competence for the exercise of the service prerogative over these teachers and educational assistants.
Land legislatures can be authorized in Federal laws promulgated by reason of the provisions under sub-para. b above to issue implementing provisions for individual regulations which shall be precisely specified; in this connection the provisions of Art. 15 para. 6 apply analogously. Enabling ordinances for the Federal laws shall, save as otherwise provided there, be issued by the Federation.

(4) Legislation as regards principles is the business of the Federation, the issue of implementing laws and execution is the business of the Laender
a) as regards the agricultural and forestry vocational schools in matters pertaining to definitions of the instructional objective, the obligatory subjects, and free tuition as well as in matters pertaining to compulsory schooling and the transfer from the school in one Land to the school in another Land;
b) as regards the agricultural and forestry technical colleges in matters pertaining to the definition of admission prerequisites, instructional objective, organizational forms, extent of the teaching and obligatory subjects, free tuition, and the transfer from the school in one Land to the school in another Land;
c) in matters pertaining to the public status of private agricultural and forestry vocational schools and training colleges with the exception of schools falling under para. 2 sub-para. b above;
d) as regards the organization and competence of advisory boards who in the matters pertaining to para. 1 above participate in the execution by the Laender.

(5) The establishment of the agricultural and forestry technical colleges and research institutes specified under para. 2 sub-paras. c and g above is only admissible if the Land government of the Land in which the vocational school or technical college is to have its location has agreed to the establishment. This agreement is not requisite if the establishment concerns an agricultural and forestry school which is to be organizationally linked to a school for the training and supplementary training of teachers and agricultural and forestry schools to ensure provision of the demonstrations scheduled in their curricula.

(6) It lies within the competence of the Federation to see to the observance of the regulations issued by it in matters whose execution in accordance with paras. 3 and 4 appertains to the Laender.

(7) The provisions of Art. 14 paras. 6, 7, and 9 analogously also hold good for the spheres specified

(8) Federal laws on matters pursuant to para. 4 above can be passed by the National Council only in the presence of at least half the members and by a two thirds majority of the votes cast.

Art. 14b. (1) Legislation regarding public procurement, to the extent not covered by para. 3, is business of the Federation.

(2) Execution regarding matters of para 1 is
1. Federal business regarding
a) the award of contracts by the Federation;
b) the award of contracts by endowments, funds and institutions as defined in Art. 126b para. 1;
c) the award of contracts by enterprises as defined in Art. 126b para. 2, if the financial participation or the influence of the Federation, secured by other financial or other economic or organizational measures, is at least equivalent to the financial participation or the influence of the Laender;
d) the award of contracts by autonomous administrative corporate bodies established under Federal law;
e) the award of contracts by legal entities not specified in subparas a through d and para 2 subparas a through d,
aa) financed by the Federation, provided that the share of finance through the Federation equals at least that of the Laender,
bb) subject to the supervision of the Federation as far as their management is concerned, to the extent that the award is not subject to subpara aa or para 2 subpara e;

cc) the administrative, managerial or supervisory bodies which consist of members appointed by the Federation, provided that the Federation has appointed at least the same number of members as the Laender, to the extent that the award is not subject to subparas aa or bb or para 2 subpara e lit aa or bb;
f) the joint award of contracts by the Federation and the Laender, provided that the Federation’s share in the estimated total order value is at least equivalent to the total of the Laender shares;

g) the award of contracts by legal entities not contained in subparas a through f and para 2;
2. Laender business with regard to
a) the award of contracts by one of the Laender, the municipalities and the municipality associations;
b) the award of contracts by endowments, funds and institutions in terms of Art. 127 para 1 and Art. 127 a paras 1 and 8;
c) the award of contracts by enterprises in terms of Art 126b para 2, to the extent that it is not subject to para 1 subpara c, as well as the award of contracts by enterprises in terms of Art. 127 para 3 and Art
127a paras 3 and 8;

d) the award of contracts by self governing corporate bodies instituted by Laender legislation;
e) the award of contracts by legal entities not contained in para 1 subparas a through d;
aa) financed by one of the Laender or jointly with the Federation or other Laender, to the extent the award is not subject to para 1 subpara e sublit aa;
bb) subject to Laender supervision of their management, to the extent that the award is not subject to para 1 subpara e sublit aa or bb or sublit aa;
cc) the administrative, management or supervising bodies which consist of members appointed by one of the Laender, to the extent the award is not subject to para 1 subpara e sublit aa through cc or sublit aa or bb;
f) the joint award of contracts by the Federation and the Laender, to the extent it is not subject to para 1 subpara f, as well as the joint award of contracts by more than one of the Laender. Irrespective of the size of their population, municipalities are considered legal entities which in terms of para 1 subparas b and c and para 2 subparas b and c are subject to the jurisdiction of the Federal Board of Audit. Within the scope of para 1 subparas b,c,e and f, purchasers in terms of para 1 are considered to belong to the Federation and purchasers in terms of para 2 are considered to be part of the respective Laender. If in terms of para 2 subparas c,e or f more than one of the Laender is involved, the jurisdiction for execution shall depend on the relative weight of the characteristic which in terms of the respective subpara(sublitera) of para 1 is or would be relevant for the subdivision of the jurisdiction for execution between the Federation and the Laender, furthermore on purchaser’s domicile, on the domicile (main residence) of the awarding authority, if however it is still not possible to define the jurisdiction, it shall rest with such Land which at the time of institution of the award procedure holds the chair or most recently held the chair of the Federal Council.

(3) Business of the Laender is the legislation and execution in matters of review within the scope of contract awards by purchasers in terms of para 2 subpara 2;

(4) The Federation shall involve the Laender in the preparation of draft bills regarding matters of para 1. Federal acts adopted in accordance with para 1 which regulate matters to be executed by Laender are only allowed to be promulgated with previous consent of the Laender.

(5) Unless provided differently in the respective acts, the implementing regulations to the Federal acts adopted under para 1 are to be issued by the Federation. Para 4 applies to such regulations accordingly.

(6) The administrative authorities having jurisdiction to carry out review proceedings may also be called upon to review the supreme bodies of execution named in Art 19 para 1, the municipalities and municipality associations, as well as by private persons.

Art. 15. (1) Insofar as a matter is not expressly delegated by the Federal Constitution to the legislation oder also the execution of the Federation, it remains within the autonomous sphere of competence of the Laender.

(2) In matters of local public security police, that is that part of public security police which exclusively or preponderantly affects the interests of the local community personified by the municipality and which, like preservation of public decency and defence against the improper creation of noise, can suitably be undertaken by the community within its local boundaries, the Federation has authority to supervise the conduct of these matters by the municipality and to redress any observed shortcomings by instructions to the Governor. Inspectoral authorities of the Federation can for this purpose be delegated to the municipality; in each and every case the Governor shall be informed hereof.

(3) The provisions of Laender legislation in matters pertaining to theatres and cinemas, public shows, performances and entertainments shall assign to the Federal Police Directorates within their territorial sphere of competence at least the superintendence of the events, in so far as this does not extend to technical operation, building police and fire police considerations, and the participation by the administration in the initial stage of grant of licences as stipulated by such legislation.

(4) To what extent the Federal Police Directorates shall within their territorial sphere of competence be assigned executive responsibility in the domain of traffic police, except the local traffic police (Art. 118 para. 3 sub-para. 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 Land concerned.

(5) In so far as executive acts in building matters concern Federal-owned buildings which serve public purposes, like accomodation for Federal authorities and offices or public institutions including herein also schools and hospitals or barracks quarters for members of the Army or other Federal employees,
these executive acts fall under the indirect Federal administration; the final decision on appeals rests with the Governor. Nevertheless determination of alignment and level in these cases too falls under the executive power of the Laender.

(6) In so far as legislation as regards principles has been reserved to the Federation, detailed implementation within the framework laid down by Federal law is incumbent on Land legislatures. The Federal law can fix for the issue of the implementing legislation a deadline which may not, without the consent of the Federal Council, be shorter than six months and not longer than one year. If a Land does not observe this deadline, competence for the issue of the implementing legislation passes from that Land to the Federation. As soon as the Land has issued the implementing legislation, the Federal implementing legislation becomes invalidated. If the Federation has not established any principles, Land legislation is free to settle such matters. As soon as the Federation has established principles, the provisions of Land legislation shall within the deadline to be appointed by Federal law be adjusted to the legislation as regards principles.

(7) If an executive act on the part of one Land in matters covered by Arts. 11, 12, 14 paras. 2 und 3, and 14a paras. 3 und 4 is to be effective in several Laender, the participant Laender shall take the lead in reaching an agreed basis. If within six months from the legal business arising no agreed ruling has been laid down, the competence for such an act passes, upon request by one of the Laender or one of the parties participation in the matter, to the competent Federal Ministry. The details can be settled by
Federal laws promulgated under Arts. 11, 12, 14 paras. 2 und 3, and 14a paras. 3 und 4.

(8) In matters reserved to Federal legislation in conformity with Arts. 11 and 12, the Federation is entitled to control the observance of the regulations it has issued.

(9) Within the field of their legislation, the Laender are competent to adopt the provisions necessary for the regulation of subject also in the field of criminal and civil law.

(10) Land legislation which alters or settles along new lines the existent organization of the ordinary public administration in the Laender, may only be promulgated with the consent of the Federal Government.

Art. 15a. (1) The Federation and the Laender may conclude agreements among themselves about matters within their respective sphere of competence. The conclusion of such agreements in the name of the Federation is, depending on the subject, incumbent on the Federal Government or Federal Minister. Agreements which are to be binding also on the authorities of the Federal legislature can be concluded by the Federal Government only with the approval of the National Council. Art. 50 para. 3 shall by analogy be applied to such resolutions of the National Council; they shall be published in the Federal Law Gazette.

(2) Agreements between the Laender can only be made about matters pertaining to their autonomous sphere of competence and must without delay be brought to the Federal Government’s knowledge.

(3) The principles of international law concerning treaties shall apply to agreements within the meaning of para. 1 above. The same holds good for agreements within the meaning of para. 2 above, save as provided otherwise by corresponding constitutional laws of the Länder in question.

Art. 16. (1) In matters within their own sphere of competence the Laender can conclude treaties with states, or their constituent states, bordering on Austria.

(2) The Governor must inform the Federal Government before the initiation of negotiations about such a treaty. The Federal Government’s approval must be obtained by the Governor before their conclusion.
The approval is deemed to have been given if the Federal Government has not within eight weeks from the day that the request for approval has reached the Federal Chancellery told the Governor that approval is withheld. The authorization to initiate negotiations and to conclude the treaty is incumbent on the Federal President after the recommendation of the Land Government and with the countersignature of the Governor.

(3) Treaties concluded by a Land in accordance with para. 1 above shall be revoked upon request by the Federal Government. If a Land does not duly comply with this obligation, competence in the matter passes to the Federation.

(4) The Laender are bound to take measures which within their autonomous sphere of competence become necessary for the implementation of international treaties; should a Land fail to comply punctually with this obligation, competence for such measures, in particular too for the issue of the necessary laws, passes to the Federation. A measure taken by the Federation pursuant to this provision, in particular the issue of such a law or the issue of such an ordinance, becomes invalid as soon as the Land has taken the requisite action.

(5) In the same way the Federation is in the case of implementation of international treaties entitled to supervision also in such matters as belong to the Laender’s own sphere of competence. The powers vested in the Federation as against the Laender are in this instance the same as in matters pertaining to indirect Federal administration (Art. 102).

Art. 17. The provisions of Arts. 10 to 15 with regard to competence of legislation and execution in no way affect the position of the Federation and the Laender as the holders of civil rights.

Art. 18. (1) The entire public administration shall be based on law.

(2) Every administrative authority can on the basis of law issue ordinances within its sphere of competence.

(3) If the immediate issue of measures, which require in accordance with the Constitution a resolution by the National Council, becomes necessary to prevent obvious and irreparable damage to the community at a time when the National Council is not assembled, cannot meet in time, or is impeded from action by events beyond its control, the Federal President can at the recommendation of the
Federal Government and on his and their responsibility take these measures by way of provisional law amending ordinances. The Federal Government must present its recommendation with the consent of the Standing Sub-Committee to be appointed by the Main Committee of the National Council (Article 55,
para. 2). Such an ordinance requires the countersignature of the Federal Government.

(4) Every ordinance issued in accordance with para. 3 above shall without delay be submitted by the Federal Government to the National Council which if it is not in session at this time shall be convened by the Federal President, but if it is in session by the President of the National Council on one of the eight days following the submission. Within four weeks of the submission the must either vote a corresponding Federal law in place of the ordinance or pass a resolution demanding that the ordinance immediately become invalidated. In the latter case the Federal Government must immediately meet this demand. In order that the resolution of the National Council may be adopted in time, the President shall at the latest submit the motion to the vote on the last day but one before expiry of the four weeks deadline; detailed provisions shall be made in the Federal act on the Standing Orders of the National Council. If the ordinance is in accordance with the previous provisions rescinded by the Federal Government, the legal provisions which had been invalidated by the ordinance become effective again on the day of entry into force of the rescission.

(5) The ordinances specified in para. 3 above may not contain an amendment to provisions of Federal constitutional law and may have for their subject neither a permanent financial burden on the Federation nor a financial burden on the Laender, districts or municipalities nor financial commitments for citizens nor an alienation of state property nor measures pertaining to matters specified in Art. 10 para. 1 subpara.
11 nor, finally, such as concern the right of collective association or rent protection.

Art. 19. (1) The highest executive authorities are the Federal President, the Federal Ministers and the State Secretaries, and the members of the Land Governments.
(2) The admissibility of activities in the private sector of the economy by the authorities specified in para. 1 above and other public functionaries can be restricted by Federal law.

Art. 20. (1) Under the direction of the highest authorities of the Federation and the Laender elected temporary functionaries or permanent appointees conduct the administration in accordance with the provisions of the laws. They are, save as provided otherwise by Constitutional laws, bound by the instructions of their superiors and responsible to these for the exercise of their office. The subordinate officer can refuse compliance with an instruction if the instruction was given by an authority not competent in the matter or compliance would infringe the criminal code.

(2) If Federal or Land law has appointed for decision in the last instance a tribunal whose rulings are according to the provisions of the law not subject to rescission or alteration through administrative authorities and whose membership includes at least one judge, the other members of this tribunal are likewise bound by no instructions in the exercise of their office.

(3) All functionaries entrusted with Federal, Laender and municipal administrative duties as well as the functionaries of other public law corporate bodies are, save as otherwise provided by law, pledged to secrecy about all facts of which they have obtained knowledge exclusively from their official activity and whose concealment is enjoined on them in the interest of the maintenance of public peace, order and security, of universal national defence, of external relations, in the interest of a public law corporate body, for the preparation of a ruling or in the preponderant interest of the parties involved (official secrecy). Official secrecy does not exist for functionaries appointed by a popular representative body if it expressly asks for such information.

(4) All functionaries entrusted with Federation, Laender and municipal administrative duties as well as the functionaries of other public law corporate bodies shall impart information about matters pertaining to their sphere of competence in so far as this does not conflict with a legal obligation to maintain secrecy; an onus on professional associations to supply information extends only to members of their respective organizations and this inasmuch as fulfilment of their statutory functions is not impeded. The detailed regulations are, as regards the Federal authorities and the self-administration to be settled by Federal law in respect of legislation and execution, the business of the Federation; as regards the Laender and municipal authorities and the self-administration to be settled by Land law in respect of framework legislation, they are the business of the Federation while the implemental legislation and execution are Land business.

Art. 21.
(1) Legislation and execution in matters pertaining to the service code, including the regulations on service contracts, for and staff representation rights of employees of the Laender, the municipalities, and the municipal associations are, save as provided otherwise in the case of all these matters by para. 2 below and Art. 14 para. 2 and para. 3 sub-para. d, incumbent on the Laender. Disputes arising from contractual employment are settled by the courts.

(2) Legislation and execution in matters pertaining to employee’ protection ’for functionaries (para. 1) and to staff representation of Laender functionaries, in so far as they are not engaged in public enterprises, are incumbent on the Laender. In so far as in accordance with the first sentence the Laender are not competent, the aforementioned matters fall within the competence of the Federation.

(3) Save as provided otherwise by this law, the service prerogative with regard to employees of the Federation is exercised by the highest authorities of the Federation. The service prerogative with regard to employees of the Laender is exercised by the highest authorities of the Laender; in so far as this law provides for appropriate exceptions with regard to employees of the Federation, it may be laid down by Land constitutional law that the service prerogative with regard to employees of the Land is exercised by equivalent authorities.

(4) The possibility of an alternation of service between the Federation, the Laender, the municipalities, and the municipal associations remains guaranteed at all times to public employees. Legal provisions, according to which times of service are taken into account differently depending on whether they were served with the Federation, a Land, a municipality, or a municipal association, are inadmissible. In order to enable the service code, the staff representation regulations and the employee protection scheme of the Federation, the Laender, and the municipalities to develop along equal lines, the Federation and the Laender shall inform each other about their plans in these matters.

(5) Legislation can provide that
1. civil servants are appointed temporarily for the performance of particular directorial functions or in cases where due to the nature of the duty this is necessary;
2. after expiry of the temporary term or upon change in the organization of the authorities or of the service code structures by law no appointment is necessary;
3. no appointment ist necessary in cases of a transfer or a change in the employment in so far as competence for the appointment is assigned pursuant to Art. 66 para. 1.

(6) In the cases under para. 5 above no claim to equivalent employment exists.

Art. 22.
All authorities of the Federation, the Laender and the municipalities are bound within the framework of their legal sphere of competence to render each other mutual assistance.

Art. 23. (1) The Federation, the Laender, the districts, the municipalities and the other bodies and institutions established under public law are liable for the injury which persons acting on their behalf in execution of the laws have by illegal behaviour culpably inflicted on whomsoever.
(2) Persons acting on behalf of one of the legal entities specified in para. 1 above are liable to it, in so far as intent or gross negligence can be laid to their charge, for the injury for which the legal entity has indemnified the injured party.
(3) Persons acting on behalf of one of the legal entities specified in para. 1 above are liable for the injury which in execution of the laws they have by illegal behaviour inflicted directly on the legal entity.
(4) The detailed provisions with respect to paras. 1 to 3 above will be made by Federal law.
(5) A Federal law may also provide to what extent special provisions diverging from the principles laid down in paras. 1 to 3 apply in the fields of postal system and telecommunications.

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Art. 24. The legislative power of the Federation is exercised by the National Council jointly with the Federal Council.

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Art. 41. (1) Legislative proposals are submitted to the National Council as motions by its members, by the Federal Council or by one third of the Federal Council’s members, and as bills by the Federal Government.

(2) Every motion by 100,000 voters or by one sixth each of the voters in three Laender (henceforth called "initiative") shall be submitted by the Federal electoral board to the National Council for action.
Eligible to vote, as to initiatives, are those who on the last day of the registration deadline are eligible to vote for the National Council and have their principal domicile in a municipality within the federal territory. The initiative must concern a matter to be settled by Federal law and can be put forward in the form of a draft law.

Art. 42. (1) Every enactment of the National Council shall without delay be conveyed by the President to the Federal Council.

(2) Save as otherwise provided by constitutional law, an enactment can be authenticated and published only if the Federal Council has not raised a reasoned objection to this enactment.

(3) This objection must be conveyed to the National Council in writing by the Chairman of the Federal Council within eight weeks of the enactment’s arrival; the Federal Chancellor shall be informed thereof.

(4) If the National Council in the presence of at least half its members once more carries its original resolution, this shall be authenticated and published. If the Federal Council resolves not to raise any objection or if no reasoned objection is raised within the deadline laid down in para. 3 above, the enactment shall be authenticated and published.

(5) The Federal Council has no claim to participation in so far as National Council resolutions concern the National Council’s Standing Orders, the dissolution of the National Council, a Federal finance law, a temporary provision consonant with Art. 51 para. 5 or a disposal of Federal property, the assumption or conversion of a Federal liability, the contraction or the conversion of a Federal monetary debt, the sanction of a final Federal budget account.

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