Constitution of Austria Adopted in 1929

CHAPTER I General Provisions   ARTICLE 1 Republic, Democracy  

Austria is a democratic republic. Its law emanates from the people.
 

(1) Austria is a federal state.

(2) The Federal State is composed of the autonomous States of Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tirol, Vorarlberg, and Vienna.
 

(1) The federal territory comprises the territories of the Federal States.

(2) 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.
 

(1) The federal territory constitutes a uniform currency, economic, and customs area.

(2) Intermediate customs barriers or other traffic restrictions may not be established within federal territory.
 

(1) The federal capital and seat of the highest federal authorities is Vienna.

(2) For the duration of extraordinary circumstances the Federal President can, at the request of the Federal Government, remove the seat of the highest federal authorities elsewhere in federal territory.
 

(1) All federal nationals are equal before the law. Privileges based upon birth, sex, estate, class, or religion are excluded.

(2) Public employees, including members of the Federal Army, are guaranteed the unrestricted exercise of their political rights.
 

German is the official language of the Republic without prejudice to the rights provided by federal law for linguistic minorities.
 

(1) The colors of the Republic of Austria are red-white-red. The flag consists of three identically broad horizontal stripes of which the intermediate is white the upper and the lower are red.

(2) The federal Coat of Arms consists of an unfettered single-headed, black, gilt-armed and red-tongued eagle on whose breast is imposed a red shield intersected by a silver crosspiece. On its head, the eagle bears a mural crown with three visible merlons. A sundered iron chain rings both talons. The right holds a golden sickle with inward turned blade, the left a golden hammer.

(3) Detailed provisions, in particular as to safeguard of the colors, the coat of arms, and the seal of the Republic, are settled by federal law.
 

(1) The generally recognized rules of international law are regarded as integral parts of federal law.

(2) Legislation or a treaty requiring sanction in accordance with Article 50 (1) can transfer specific federal competencies to intergovernmental organizations and their authorities and can within the framework of international law regulate the activity of foreign states' agents inside Austria as well as the activity of Austrian agents abroad.
 

(1) Austria subscribes to universal national defence. Its task is to preserve the federal territory's outside independence as well as its inviolability and its unity, especially as regards the maintenance and defence of permanent neutrality. 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.

(2) Universal national defence comprises military, intellectual, civil, and economic national defence.

(3) Every male Austrian national is liable for military service. Conscientious objectors who refuse the fulfillment of compulsory military service and are exonerated therefrom must perform an alternative service. The details are settled by law.
 

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

1. the Federal Constitution, in particular elections to the House of Representatives, and referenda as provided by the Federal Constitution; the Constitutional Court;

2. external affairs, including political and economic representation with regard to other countries and in particular the conclusion of international treaties of all kinds, 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, including the rules relating to economic association, but excluding regulations which render real property transactions with aliens subject to restrictions by the administrative authorities; criminal law, excluding administrative penal law and administrative penal procedure in matters which fall within the autonomous sphere of competence of the States; administration of justice; establishments, such as compulsory labor and similar institutions, for the protection of society against criminal, degenerate or otherwise dangerous elements; the Administrative Court; copyright; Press affairs; expropriation for the purposes of urban and rural reclamation, reconditioning, restoration; expropriation in so far as it does not concern matters falling within the autonomous sphere of competence of the States, matters of notaries, lawyers, and related professions;

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

8. matters of 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 of patent agents; matters of 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 Article 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 Article 11; the postal, telegraph, and telephone system;

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 of electric power transmission in so far as the transmission extends over two or more States, matters of steam- and other power-driven engines; surveying;

11. labor legislation in so far as it does not fall under Article 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 community 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, veterinary affairs; nutrition affairs, including foodstuffs inspection;

13. archive and library services for the sciences and specialist purposes; matters of federal collections and establishments serving the arts and sciences, all matters of the federal theaters not however including the settlement of their structural alignment and level nor the treatment accorded by the official building authorities to constructions which concern surface elements in such edifices; the preservation of monuments; religious affairs; census as well as, allowing for the rights of the States 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 State only; endowments and foundations when their purposes extend beyond a single State's sphere of interests and they have hitherto not been autonomously administered by the States;

14. organization and conduct of the federal police and the federal gendarmerie; settlement of the conditions of establishment and organization of other protective forces, including their armament and the right to make use of their weapons;

15. military affairs; matters of war damage and welfare measures for combatants and their surviving dependents; 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; and

17. population policy in so far as it concerns the grant of children's allowances and the organization of burden equalization on behalf of families.

(3) The Federation must allow the States opportunity to present their views before its conclusion of treaties which within the meaning of Article 1 render necessary enabling measures or affect the autonomous sphere of competence of the States in another way.
 

(1) In the following matters legislation is the business of the Federation, execution that of the States:

1. nationality and right of citizenship;

2. professional associations in so far as they do not fall under Article 10, but with the exception of those in the field of agriculture and forestry;

3. national housing affairs;

4. highway police;

5. sanitation; and

6. inland shipping as regards shipping licenses, shipping facilities and compulsory measures of such facilities in so far as it does not apply to the Danube, Lake Constance, Lake Neusiedl, and boundary stretches of other frontier waters.

(3) Enabling ordinances to the federal laws promulgated in accordance with Paragraphs (1) and (2) shall be issued, save as otherwise provided in these laws, by the Federation. The manner of publication for enabling ordinances whose issue by the States in matters concerning Paragraph (1) no.4 and 6 is empowered by federal law can be prescribed by federal law.

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

(5) In proceedings before the administrative authorities the final decision on administrative contraventions lies with administrative penal tribunals to be constituted within the framework of the competent authorities. The members of these tribunals are independent in the exercise of their office and not bound by any instructions. The senior official of the authority concerned or a deputy delegated by him, who must have legal training, presides. The Federation appoints two members also in cases where the tribunals have not been constituted within the framework of the federal authorities. Acting on applications from the administrative penal tribunals, the State-Governors are competent to exercise the right of pardon provided for by law where penal administrative business arises under the indirect federal administration, the State Governments in matters of the autonomous sphere of competence of the States. Details regarding the establishment of administrative penal tribunals and their activity will be prescribed by federal law.
 

(1) In the following matters, framework legislation is the business of the Federation, the issue of implementing laws and execution the business of the States:

1. social welfare; population policy in so far as it does not fall under Article 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 of electric power in so far as they do not fall under Art. 10; and

6. labor 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.

(3) If and inasmuch as the rulings of State authorities in matters of electric power deviate from one another or a State Government was the sole competent State 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 State authorities are invalidated.
 

The competencies of the Federation and the States in the field of taxation will be prescribed in a special federal constitutional law.
 

(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 of pupil and student hostels are the business of the Federation. The matters settled in Article 14a do not belong to schooling and education within the meaning of this Article.

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

(3) In the following matters framework legislation is the business of the Federation, the issue of implementing laws and execution the business of the States:

(a) composition and disposition, including their members' appointment and remuneration, of the boards to be constituted in the States 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; and

(d) professional employment qualifications for kindergarten teachers and educational assistants to be employed by the States, Counties, or County Associations at the centers and student hostels provided exclusively or mainly for pupils of compulsory schools.

(a) competence of officials, on the basis of laws promulgated pursuant to Paragraph (2), to exercise official responsibility over teachers at public compulsory schools; the States laws shall provide that the federal school authorities in the States and political Districts 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 centers system.

(a) public demonstration schools, demonstration kindergartens, demonstration centers, 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-Paragraph (a); and

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

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

(8) The Federation is entitled, in matters which in accordance with Paragraphs (2) and (3) belong to execution by the States, 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 State-Governor can be instructed (Article 20 (1)) to redress the shortcomings within an appropriate deadline. The State-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 State in its autonomous sphere of competence.

(9) The general rules in Articles 10 and 21 as to the distribution of competencies for legislation and execution regarding conditions of service with the Federation, the States, the Counties, and the County 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 of the school authorities of the Federation in the States and political Districts, compulsory schooling, school organization, private schools, and the relationship between school and the Churches including religious instruction at school, the House of Representatives, in so far as matters of universities and fine arts academies are not concerned, can adopt 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 Article 50.
 

(1) Save as provided otherwise in the following paragraphs, legislation and execution are the business of the States with regard to agricultural and forestry schooling as well as with regard to agricultural and forestry education in matters of student hostels, and in matters of the service code for and staff representation rights of teachers and educational assistants at the schools and student hostels falling under this Article. Matters of 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-Paragraphs (a) and (b) 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 Sub-Paragraphs (a) to (c);

(e) service code for and staff representational rights of the teachers and educational assistants in the establishments mentioned in Sub-Paragraphs (a) to (d) above;

(f) subsidies for staff expenditure of the denominational agricultural and forestry schools; and

(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.

(a) religious instruction; and

(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. State legislatures can be authorized in federal laws promulgated by reason of the provisions under Sub-Paragraph (b) to issue implementing provisions for individual regulations which shall be precisely specified, in this connection the provisions of Article 15 (6) apply analogously. Enabling ordinances for the federal laws shall, save as otherwise provided there, be issued by the Federation.

(a) as regards the agricultural and forestry vocational schools in matters of definitions of t,he instructional objective, the obligatory subjects, and free tuition as well as in matters of compulsory schooling and the transfer from the school in one State to the school in another State;

(b) as regards the agricultural and forestry technical colleges in matters of 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 State to the school in another State;

(c) in matters of 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; and

(d) as regards the organization and competence of advisory boards who in the matters of Paragraph (1) participate in the execution by the States.

(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.

(7) The provisions of Article 14 (6), (7), and (9) analogously also apply for the spheres specified in the first sentence of Paragraph (1).

(8) Federal laws on matters pursuant to Paragraph (4) can be passed by the House of Representatives only ill the presence of at least half the members and by a two thirds majority of the votes cast.
 

(1) In so far as a matter is not expressly assigned by the Federal Constitution to the Federation for legislation or also execution, it remains within the States' autonomous sphere of competence.

(2) In matters of local public safety administration, i.e., that part of public safety administration which exclusively or preponderantly affects the interests of the local community personified by the County 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 County and to redress any observed shortcomings by instructions to the State-Governor. Inspectoral authorities of the Federation can for this purpose be delegated to the County; in each and every case the State-Governor shall be informed hereof.

(3) The provisions of States legislation in matters of theaters and cinemas, public shows, performances, and entertainments shall assign to the federal public safety administration within its local 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 licenses as stipulated by such legislation.

(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.

(5) In so far as executive acts in building matters concern federally owned buildings which serve public purposes, like accommodation for federal authorities and offices or public institutions including 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 State-Governor. Nevertheless determination of alignment and level in these cases too falls under the executive power of the States.

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

(7) If an executive act on the part of one State in matters covered by Articles 11, 12, 14 (2) and (3), and 14a (3) and (4) is to be effective in several States, the participant States 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 States or one of the parties participating in the matter, to the competent Federal Ministry. The details can be settled by federal laws promulgated under Articles 11, 12, 14 (2) and (3), and 14a (3) and (4).

(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.

(9) States are competent within the scope of their legislation to make likewise in the field of civil and criminal law the provisions necessary to dispose of an item.

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

(1) Federation and States can make 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 House of Representatives. Article 50 (3) shall by analogy be applied to such resolutions of the House of Representatives; they shall he published in the federal law Gazette.

(2) Agreements between the States can only be made about matters of 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 Paragraph (1). The same applies for agreements within the meaning of Paragraph (2), save as provided otherwise by corresponding constitutional laws of the States in question.
 

(1) 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.

(2) Likewise, in the implementation of treaties with foreign states, the Federation has the right of supervision in matters which belong to the autonomous sphere of competence of the States. In such case the Federation has the same rights with respect to the States as in matters of the indirect federal administration (Article 102).
 

(1) The provisions of Articles 10 to 15 with regard to competence of legislation and execution in no way affects the position of the Federation as the holder of civil rights.

(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.
 

(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 House of Representatives, becomes necessary to prevent obvious and irreparable damage to the community at a time when the House of Representatives 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. The Federal Government must present its recommendation with the consent of the Standing Sub-Committee to be appointed by the Main Committee of the House of Representatives [Article 55 (2)]. Such an ordinance requires the countersignature of the Federal Government.

(4) Every ordinance issued in accordance with Paragraph (3) shall without delay be submitted by the Federal Government to the House of Representatives 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 House of Representatives, on one of the eight days following its submission. Within four weeks of the submission, the House of Representatives 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 House of Representatives 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 Standing Orders.

(5) The ordinances specified in Paragraph (3) 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 States, Districts, or Counties nor financial commitments for federal citizens nor an alienation of state property nor measures of matters specified in Article 10 (1) no.11 nor, finally, such as concern the right of collective association or rent protection.
 

(1) The highest executive authorities are the Federal President, the Federal Ministers and the Secretaries of State, and the members of the State Governments.

(2) The admissibility of activities in the private sector of the economy by the authorities specified in Paragraph (1) and other public functionaries can be restricted by federal law.
 

(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. They are, except for differing regulations 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 State 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 administrative duties of Federation, States, and Counties are, except for differing regulations by law, pledged to secrecy about all facts of which they have obtained knowledge exclusively from their official activity and whose concealment is enjoined by the public interest or that of the parties concerned. Official secrecy does not exist for functionaries appointed by a popular representative body if it expressly asks for such information.
 

(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. The laws and ordinances issued by the States in matters of the service code may not differ in such degree from the laws and ordinances of the Federation relating to the service code as substantially to impede the alternation of service stipulated pursuant to Paragraph (4).

(2) The State laws promulgated in accordance with Paragraph (1) in the field of service contract regulations may only contain provisions dealing with establishment and severance of the employment relationship and the rights and duties arising therefrom. Legislation and execution in matters of employee protection for functionaries [Paragraph (1)] and to staff representation of States functionaries, in so far as they are not engaged in public enterprises, are incumbent on the States. In so far as in accordance with this paragraph the States are not competent, the aforementioned matters fall within the competence of the Federation.

(3) 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 States by the highest authorities of the States. The service prerogative with regard to the employees of the Auditing Board is exercised on behalf of the Federation by the president of the Auditing Board.

(4) The possibility of an alternation of service between the Federation, the States, the Counties, and the County Associations pertains guaranteed at all times to public employees. The alternation of service will take place with the agreement of the authorities competent to exercise the service prerogative. Special arrangements to facilitate the alternation of service can be made by federal law.

(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. Their use is safeguarded by law.
 

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.
 

(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.

(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) Persons acting on behalf of one of the legal entities specified in Paragraph (1) are liable for the injury which in execution of the laws they have by illegal behavior inflicted directly on the legal entity.

(4) The detailed provisions with respect to Paragraphs (1) to (3) will be established by federal law.

(5) A federal law can also provide to what extent special provisions deviating from the principles laid down in Paragraph (1) to (3) above apply in the field of the postal, telegraph, and telephone system.
 

The legislative power of the Federation is exercised by the House of Representatives jointly with the Senate.
 

(1) The seat of the House of Representatives is Vienna, the federal capital.

(2) For the duration of extraordinary circumstances, the Federal President can at the request of the Federal Government convoke the House of Representatives elsewhere within federal territory.
 

(1) The House of Representatives is elected by the nation in accordance with the principles of proportional representation on the basis of equal, direct, secret, and personal suffrage for men and women who have completed their nineteenth year of life on a day appointed prior to the election. Voting is compulsory in the Federal States where this has been enacted by State law. Detailed provisions about the electoral procedure and compulsory voting, if necessary, will be made by federal law. This federal law shall in particular lay down the reasons held to excuse non-participation in the election notwithstanding compulsory voting.

(2) The federal territory will be divided into self-contained constituencies whose boundaries may not overlap States boundaries. 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. A division of the electorate into other electoral bodies is not admissible.

(3) The day of the poll must be a Sunday or other public holiday.

(4) Eligible for election is every qualified voter who has completed his/her twenty first year of life before the day appointed prior to the election.

(5) Exclusion from the right to vote and from eligibility can only ensue from a sentence or order by the courts.

(6) Electoral boards shall be appointed for the implementation and conduct of elections to the House of Representatives, the election of the Federal President, and referenda in accordance with Article 46 as well as for assistance in the scrutiny of initiatives. Their members, with voting rights, shall include representatives from the participant political parties. The main electoral board shall include members who belong or have belonged to the judiciary. The electoral regulations shall lay down, notwithstanding members originating from the professional judiciary, number of members to be allocated to the participant political parties in accordance with their strength as ascertained at the last House of Representatives election.

(7) The electoral register will be drawn up by the Counties as part of their assigned sphere of competence.
 

(1) The legislative period of the House of Representatives lasts four years, calculated from the day of its first meeting but in any case until the day on which the new House of Representatives meets.

(2) The newly elected House of Representatives shall be convened by the Federal President within thirty days after the election. The latter shall be so arranged by the Federal Government as to enable the newly elected House of Representatives to meet on the day after the expiry of the fourth year of the legislative period.
 

(1) The Federal President convokes the House of Representatives each year for an ordinary session which shall not begin before 15 September and not last longer than 15 July the following year.

(2) The Federal President can also convoke the House of Representatives for extraordinary sessions. If the Federal Government or at least one third of the members of the House of Representatives or if the Senate so demands, the Federal President is bound to convoke the House of Representatives for an extraordinary session to meet within two weeks of the demand; the convocation needs no countersignature. A request by members of the House of Representatives or by the Senate does not require a recommendation by the Federal Government.

(3) The Federal President declares sessions of the House of Representatives closed in pursuance of a vote by the House of Representatives.

(4) Upon the opening of a new House of Representatives session within the same legislative period work will be continued in accordance with the stage reached at the close of the last session. At the end of a session individual committees can be instructed by the House of Representatives to continue their work.

(5) During a session the President of the House of Representatives convokes the individual sittings. If within a session at least a quarter of the House of Representatives' members or the Federal Government so demands, the President is bound to convoke a sitting in such manner that the House of Representatives meets within five days of the demand.

(6) The federal law on the House of Representatives' Standing Orders shall lay down special provisions for its convocation in the event of the elected Presidents being precluded from the performance of their office or being deprived of their functions.
 

(1) The Federal President can dissolve the House of Representatives, but he may avail himself of this prerogative only once for the same reason. In such case the new election shall be so arranged by the Federal Government that the newly elected House of Representatives can at the latest meet on the hundredth day after the dissolution.

(2) Before expiry of a legislative period the House of Representatives can vote its own dissolution by simple law.

(3) After a dissolution pursuant to Paragraph (2) as well as after expiry of the period for which the House of Representatives has been elected, the legislative period lasts until the day on which the newly elected House of Representatives meets.
 

(1) The House of Representatives elects the President, the Second, and Third Presidents from among its members.

(2) The business of the House of Representatives is conducted in pursuance of a special federal law. The federal law on the House of Representatives' Standing Orders can only be passed in the presence of half the members and by a two thirds majority of the votes cast.

(3) The Parliamentary Staff, which is subordinate to the President of the House of Representatives, is competent for the conduct of Parliamentary auxiliary services and administrative matters within the scope of the federal legislature. The internal organization of the Parliamentary Staff for matters of the Senate shall be settled in agreement with the Chairman of the Senate who is likewise invested with authority to issue instructions as to implementation of the functions assigned to the Senate on the basis of this law.

(4) The nomination of Parliamentary Staff employees and all other competencies in personnel matters lie with the President of the House of Representatives.

(5) The President of the House of Representatives can delegate parliamentary Staff employees to parliamentary parties for help in the fulfillment of parliamentary duties.

(6) The President of the House of Representatives is the highest administrative authority in the execution of the administrative matters for which he is, according to this Article, competent and he exercises these powers in his own right. He may issue ordinances inasmuch as these exclusively concern administrative matters regulated by this Article.
 

Save as otherwise provided in this law or as otherwise laid down in the federal law on the House of Representatives' Standing Orders with regard to individual matters, the presence of at least one third of the members and an absolute majority of the votes cast is requisite to a vote by the House of Representatives.
 

(1) The sessions of the House of Representatives are public.

(2) The public shall be excluded if the chairman or one fifth of the members present so demand and the House of Representatives votes this after the withdrawal of the audience.
 

No one shall be called to account for publishing true accounts of proceedings in the public sessions of the House of Representatives and its committees.
 

(1) Pursuant, to the following provisions, the States are represented in the Senate in proportion to the number of nationals in each of them.

(2) The State with the largest number of citizens delegates twelve members, every other State as many as the ratio in which its nationals stand to those in the first-mentioned State, with remainders which exceed half the coefficient counting as full. However, every State is entitled to a representation of at least three members. A substitute will be appointed for each member.

(3) The number of members to be delegated by each State accordingly will be re-calculated after every general census by the Federal President.
 

(1) The members of the Senate and their substitutes are elected by the State Parliaments for the duration of their respective legislative periods in accordance with the principle of proportional representation, but at least one seat must fall to the party having the second largest number of seats in a State Parliament or, should several parties have the same number of seats, the second highest number of votes at the last election to the State Parliament. When the claims of several parties are equal, the issue shall be decided by lot.

(2) The members of the Senate need not belong to the State Parliament which delegates them, but they must be eligible for that State Parliament.

(3) After expiry of the legislative period of a State Parliament or after its dissolution, the members delegated by it to the Senate remain in office until such time as the new State Parliament has held the election to the Senate.

(4) The provisions of Articles 34 and 35 can only be amended, apart from the majority of votes requisite in general to the adoption of a resolution there, if in the Senate the majority of the representatives from at least four States has approved the amendment.
 

(1) The States succeed each other in alphabetical order every six months in the chairmanship of the Senate.

(2) The representative who heads the delegation of the State entitled to the chairmanship acts as Chairman; the appointment of the Deputy Chairmen will be prescribed by the Senate's Standing Orders.

(3) The Senate will be convoked by its Chairman at the seat of the House of Representatives. The Chairman is bound immediately to convoke the Senate if at least one quarter of its members or the Federal Government so demands.
 

(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.

(2) The Senate furnishes itself with Standing Orders by way of resolution. This resolution can only be adopted in the presence of half the members with a two thirds majority of the votes cast.

(3) The meetings of the Senate are public. The public can, pursuant to the provisions of the Standing Orders, be excluded by resolution. The provisions of Article 33 also apply to public meetings of the Senate and its committees.
 

The House of Representatives and the Senate meet, together building the Federal Assembly, in public session at the seat of the House of Representatives for the affirmation of the Federal President as well as for the adoption of a resolution on a declaration of war.
 

(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. The chairmanship alternates between the President of the House of Representatives and the Chairman of the Senate, beginning with the former.

(2) The House of Representatives' Standing Orders are applied analogously in the Federal Assembly.

(3) The provisions of Article 33 apply for the sessions of the Federal Assembly.
 

(1) The resolutions of the Federal Assembly are authenticated by its Chairman and countersigned by the Federal Chancellor.

(2) The resolutions of the Federal Assembly upon a declaration of war shall be officially published by the Federal Chancellor.
 

(1) Legislative proposals are submitted to the House of Representatives either as motions by its members or as Federal Government bills. The Senate can propose legislative motions to the House of Representatives by way of the Federal Government.

(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 for action. The initiative must be put forward in the form of a draft law.
 

(1) Every enactment of the House of Representatives shall without delay be conveyed by the President to the Senate.

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

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

(4) If the House of Representatives in the presence of at least half its members once more carries its original resolution, this shall be authenticated and published. If the Senate resolves not to raise any objection or if no reasoned objection is raised within the deadline laid down in Paragraph (3), the enactment shall be authenticated and published.
(5) The Senate can raise no objection to resolutions of the House of Representatives relating to a law on the House of Representatives' Standing Orders, the dissolution of the House of Representatives, 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. These enactments of the House of Representatives shall be authenticated and published without further formalities.
 

If the House of Representatives so decides or if the majority of members of the House of Representatives so demands, every enactment of the House of Representatives shall be submitted to a referendum upon conclusion of the procedure pursuant to Article 42 but before its authentication by the Federal President.
 

(1) Constitutional laws or constitutional provisions contained in simple laws can be passed by the House of Representatives only in the presence of at least half the members and by a two thirds majority of the votes cast, they shall be explicitly specified as such.

(2) Any total revision of the Federal Constitution shall upon conclusion of the procedure pursuant to Article 42 but before its authentication by the Federal President be submitted to a referendum by the entire nation, whereas any partial revision requires this only if one third of the members of the House of Representatives or the Senate so demands.
 

(1) For a referendum, the absolute majority of the validly cast votes is decisive.

(2) The result of a referendum shall be officially announced.
 

(1) The procedure for an initiative and a referendum will be prescribed by federal law.

(2) Everyone who is eligible for the House of Representatives has the right to vote.

(3) A referendum takes place at the order of the Federal President.
 

(1) The constitutional enactment of federal laws is authenticated by the signature of the Federal President.

(2) The submission for authentication is effected by the Federal Chancellor.

(3) The authentication shall be countersigned by the Federal Chancellor.
 

Federal laws and the treaties specified in Article 50 will be published with reference to their adoption by the House of Representatives; federal laws based upon a referendum with reference to the result of that referendum.
 

(1) Federal laws and the treaties specified in Article 50 shall be published by the Federal Chancellor in the Federal Law Gazette. Unless explicitly provided otherwise, their entry into force begins with expiry of the day on which the number of the Federal Law Gazette containing their publication is issued and distributed and it extends, unless explicitly provided otherwise, to the entire federal territory; this does not apply to treaties which are to be implemented by the issue of laws [Article 50 (2)].

(2) The House of Representatives can on the occasion of giving its sanction to treaties pursuant to Article 50 resolve that a treaty or individual explicitly specified parts of it shall be published not in the federal law Gazette, but in another appropriate manner. Such a resolution by the House of Representatives has to state the manner of publication, which must guarantee the accessibility of the treaty for the duration of its validity, and shall be notified by the Federal Chancellor in the Federal Law Gazette. Unless explicitly provided otherwise, the entry into force of such treaties begins with expiry of the day on which the number of the Federal Law Gazette containing the notification of the resolution by the House of Representatives is issued and distributed and it extends, unless explicitly provided otherwise, to the entire federal territory.

(3) A special federal law on the Federal Law Gazette will be promulgated.
 

(1) The Federal Chancellor 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.

(2) On the occasion of the republication:

1. obsolete terminological expressions can be rectified and outdated spelling assimilated to the new manner of writing;

2. references to other regulations which no longer fit in with current legislation as well as other inconsistencies can be rectified;

3. provisions which have been nullified by later regulations or otherwise rendered void can be declared invalid;

4. title abridgements and alphabetical abbreviations of titles can be laid down;

5. the designations of articles, sections, paragraphs, and the like can in case of elimination or insertion be correspondingly altered and in this connection references thereto within the text of the regulation be appropriately rectified; and

6. interim provisions as well as earlier still applicable versions of the federal law in question can by specification of their purview be recapitulated and simultaneously with the republication be separately issued.

(1) Political treaties, and others in so far as their contents modify or complement existent laws, may only be concluded with the sanction of the House of Representatives.

(2) At the time of giving its sanction to a treaty which falls under Paragraph (1), the House of Representatives can decide that the treaty in question shall be implemented by the issue of laws.

(3) The provisions of Article 42 (1) to (4) and, should constitutional law be modified or complemented by the treaty, the provisions of Article 44 (1) apply analogously to resolutions of the House of Representatives in accordance with Paragraphs (1) and (2). 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".
 

(1) At the latest ten weeks before expiry of the fiscal year the Federal Government shall submit to the House of Representatives an estimate of the revenue and expenditure of the Federation for the ensuing fiscal year. Its contents may not be made public before the beginning of the deliberations in the House of Representatives.

(2) Federal expenditure not earmarked in the Federal Finance Act or by a special law requires before its execution constitutional sanction by the House of Representatives which shall be obtained by the Federal Minister of Finance. Should delay be dangerous, such federal expenditure, in so far as it does not exceed 1,000,000.00 Schilling, can be undertaken with the consent of the Main Committee of the House of Representatives; the sanction of the House of Representatives shall subsequently be requested.

(3) If the draft Federal Budget submitted by the Federal Government in due time [Paragraph (1)] to the House of Representatives 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. The ceiling of the admissible federal expenditure is formed by the expenditure appropriations contained in the draft Federal Budget submitted to the House of Representatives, and one twelfth of these appropriations shall serve as the foundation for each month's expenditure. The expenditure requisite to the fulfillment of legal liabilities shall be defrayed in accordance with maturity. The filling of official appointments likewise ensues on the basis of the draft Federal Finance Act submitted to the House of Representatives. In other respects, the provision of the last Federal Finance Act, in so far as they do not concern figures relating to the administration of public funds remain analogously in force for the above-mentioned two months.
 

(1) The House of Representatives and the Senate are entitled to examine the administration of affairs by the Federal Government, to interrogate its members about all subjects of its execution, and to demand all relevant information as well as to ventilate in resolutions their wishes about exercise of the executive power.

(2) Every member of the House of Representatives and the Senate is entitled during the sessions of the House of Representatives and the Senate to address brief oral questions to members of the Federal Government.

(3) The detailed regulations respecting the right of interrogation will be settled by the federal law on the House of Representatives' Standing Orders as well as in the Senate's Standing Orders.
 

(1) The House of Representatives can, by resolution, set up committees of inquiry.

(2) The detailed regulations respecting the establishment of and the procedure for committees of inquiry will be settled by the federal law on the House of Representatives' Standing Orders.

(3) The courts and all other authorities are obliged to comply with the request of these committees to take evidence; all public departments must on demand produce their files.
 

The House of Representatives participates in laying down railway fares, postal, telegraph, and phone rates, and the prices for monopoly commodities as well as the payment for persons regularly employed in federal establishments. This participation will be prescribed by federal constitutional law.
 

(1) The House of Representatives 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. Should the need arise, the Main Committee shall be convoked between sessions of the House of Representatives (Article 28).

(2) The Main Committee elects from among its members a Standing Sub-Committee upon which it devolves the powers stipulated by law. The election takes place in accordance with proportional representation notwithstanding inclusion of at least one member of every party belonging to the Main Committee. The Standing Orders must provide that the Standing Sub-Committee can be convoked and can meet at any time. If the House of Representatives 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 devolves to the Standing Sub-Committee.
 

The members of the House of Representatives and the members of the Senate are not bound in the exercise of their function by any mandate.
 

(1) The members of the House of Representatives may never be made responsible for votes cast in the exercise of their function and only by the House of Representatives on the grounds of oral or written utterances made in the course of their function.

(2) The members of the House of Representatives may, on the ground of a criminal offence - except for apprehension in flagrante delicto - be arrested only with the consent of the House of Representatives. Searches of the home of House of Representatives members likewise require the House of Representatives' consent.

(3) Other legal action on the ground of a criminal offence may be taken against members of the House of Representatives without the House of Representatives' consent only if it is manifestly not connected to the political activity of the member in question. The authority concerned must seek a ruling by the House of Representatives on the existence of such a connection if the member in question or a third of the members belonging to the Standing Committee entrusted with these matters so demands. Every act of legal process shall in the case of such a demand immediately cease or be discontinued.

(4) In all these instances the consent of the House of Representatives counts as granted if within eight weeks it has not given a ruling on an appropriate request by the authority competent for the institution of legal action; the President, with a view to the House of Representatives' adoption of a resolution in good time, shall at the latest put such a request to the vote on the day but one before expiry of the deadline. The latter does not include the period when the House of Representatives is not in session.

(5) In case of a member's apprehension in the act of committing a crime, the authority concerned must immediately notify the President of the House of Representatives of the occurrence of the arrest. If the House of Representatives or, when it is not in session, the Standing Committee entrusted with these matters so demands, the arrest must be suspended or the legal process as a whole be dropped.

(6) The immunity of members ends with the day of the meeting of the newly elected House of Representatives, that of functionaries of the House of Representatives whose tenure of office extends beyond this date on the expiry of this term of office.

(7) The detailed provisions are settled by the federal law on the House of Representatives' Standing Orders.
 

The members of the Senate enjoy for the whole duration of their tenure of office the immunity of the members of the State Parliament which has delegated them.