People of Austria

“ If the immediate issue of measures, which require in accordance with the Constitution a resolution by the House of Representatives (Nationalrat) , becomes necessary to prevent obvious and irreparable damage to the community at a time when the House of Representatives (Nationalrat) is not assembled, cannot meet in time, or is impeded from action by circumstances 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. ”

“ 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 States in particular also in matters of taxation, are prescribed by federal law; divergent regulations can be made in Federal or State laws settling the individual spheres of administration only when they are requisite for regularization of the matter in hand. ”

“ All authorities of the Federation, the States, and the Counties are bound within the framework of their legal sphere of competence to render each other mutual assistance.
Article 23 [State Liability] (1) The Federation, the States, the Districts, the Counties, 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 behavior culpably inflicted on whomsoever. ”

“ A change in the federal territory, which is at the same time a change in State territory, just as the change of a State boundary within federal territory, can, apart from peace treaties, only be effected by corresponding constitutional laws of the Federation and the State whose territory undergoes change. ”

“ The Federation and the State exercise the right of supervision over a County to the purpose that it does not infringe laws and ordinances in dealing with its own sphere of competence, in particular does not overstep its sphere of competence, and fulfills the duties legally devolving upon it. ”

“ In so far as a County's own sphere of competence comprises matters deriving from the sphere of Federal execution, the right of supervision and its legislative regulation lie with the Federation, in other respects with the States, the right of supervision shall be exercised by the authorities of the ordinary public administration. ”

“ 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. Settlement of the competence in matters pertaining to the service code for and staff representation rights of the employees of Regional Counties is the business of Federal constitutional legislation. ”

“ The Counties can, as part of the Federation's assigned sphere of competence, be called upon to maintain registers of those who are of school-attendance age.
(2) A school authority shall be established in each State and in each political District and be known as the State school board and the District school board respectively. 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. The applicable sphere of competence for members of the State and District school boards shall be prescribed by federal law. ”

“ The States are bound to take measures which become necessary within their autonomous sphere of competence for the implementation of international treaties; should a State fail to comply punctually with this obligation, competence for such measures, particularly issuing the necessary laws, passes to the Federation. A measure taken by the Federation pursuant to this provision, particularly issuing a law or an ordinance, becomes invalid as soon as the State has taken the requisite action. ”

“ Members of the Federal Government, a State Government, or a popular representative body cannot be Justices of the Administrative Court; 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. ”

“ 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. Such a financial participation shall be deemed equivalent to the control of enterprises by other financial, economic, or organizational measures. ”

“ 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. ”

“ Should the Federal Government have left office, the Federal President shall entrust members of the outgoing Government or senior civil servants of the Federal departments with continuation of the administration and one of them with the chairmanship of the provisional Federal Government until the formation of the new Federal Government. ”

“ A judge is independent in the exercise of his judicial office, during the performance of any judicial function properly his by law, and in the allocation of business, though to the exclusion of the judiciary's administrative business which in accordance with the provisions of the law shall not be discharged by tribunals or commissions. ”

“ Public employees, including members of the Federal Army, who seek a seat in or are elected for membership of a State Parliament shall be granted the time necessary for canvassing or fulfilling their membership duties. ”

“ 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, centers, and student hostels. ”

“ At least one third of the Justices must be qualified to hold judicial office while at least one quarter should be drawn from professional appointments in the States, whenever possible from the States' administrative service. ”

“ Should a Federal Minister be temporarily prevented from discharging his responsibilities, the Federal President entrusts one of the other Federal Ministers or a senior civil servant of a Federal department to deputize for the Minister. ”