Austria's Constitution of 1920, Reinstated in 1945, with ...

1 PDF generated: 27 Apr 2022, 12 's Constitution of 1920, Reinstated in 1945, withAmendments through 2009 This complete Constitution has been generated from excerpts of texts from the repository of the ComparativeConstitutions Project, and distributed on generated: 27 Apr 2022, 12:13 Austria 1920 (reinst. 1945, rev. 2009)Page 2 Table of contents44182121232525273234344244444849 4953545454545555555555555656565758585858 58585960626868 Chapter I General Provisions. European A. General Provisions..Section B. European Union..Chapter II. Federal A. The National Council..Section B. The Federal Council..Section C. The ..Section D. Federal Legislative Procedure..Section E. Participation of the National Council and of the Federal Council in the Execution by theFederation..Section F. Status of Members of the National Council and the Federal Council..Chapter III. Federal A. Administration..Section B. Jurisdiction..Chapter IV. Legislation and Execution by the A.

2 General Provisions..Section B. The Federal Capital Vienna..Chapter V. Self A. municipalities..Section B. Other self administration..Chapter VI. Control of Public Accounts and Administration of Public 121..Art 122..Art 123..Art 123a..Art 124..Art 125..Art 126..Art 126a..Art 126b..Art 126c..Art 126d..Art 127..Art 127a..Art 127b..Art 127c..Art 128..Chapter VII. Constitutional and Administrative 129..Section A. Independent Administrative Tribunals in the Laender..Section B. Asylum Court..Section C. The Administrative Court..Section D. The Constitutional Court..Chapter VIII. Ombudsman 148a.. generated: 27 Apr 2022, 12:13 Austria 1920 (reinst. 1945, rev. 2009)Page 36869696969697070707070717175 Art 148b..Art 148c..Art 148d..Art 148e..Art 148f..Art 148g..Art 148h..Art 148i..Art 148j..Chapter IX. Final 149..Art 150..Art 151..Art 152.. generated: 27 Apr 2022, 12:13 Austria 1920 (reinst. 1945, rev. 2009)Page 4 Chapter I General Provisions. European UnionSection A.

3 General ProvisionsArt 1 Austria is a democratic republic . Its law emanates from the 21. Austria is a federal The Federal State is composed of the autonomous Laender of Burgenland,Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tirol, Vorarlberg Changes in the composition of the Laender or a restriction of the involvement ofthe Laender provided for in this para and in Art 3 also require constitutionalregulations of the 31. The Federal territory comprises the territories of the Federal State treaties changing the Federal boundaries may only be concluded with theapproval of the Laender Modi cations of boundaries within the Federal territory require concurrent lawsof the Federation and the Laender affected. Rati cations of boundaries within theFederal territory only require concurrent laws of the Laender Resolutions of the National Council on modi cations of boundaries according topara 2 and 3, to the extent they do not concern reti cation of boundaries, requireat least the votes of half of the members and the majority of two thirds of thevotes 41.

4 The Federal territory is a uniform currency, economic and customs Intermediate customs barriers or other traf c restrictions may not beestablished within Federal 51. The Federal capital and seat of the highest Federal authorities is For the duration of extraordinary circumstances the Federal President can, at therequest of the Federal Government, relocate the seat of the highest Federalauthorities to another location in the Federal 61. For the republic of Austria there prevails a uniform Nationals are citizens of the Land where they have their principal domicile; Landlaws can however stipulate that also nationals who have a domicile, but not theirprincipal domicile, in the Land are citizens of that A person's principal domicile is established in the place where he has settled withthe intention, provable or emerging from the circumstances, of setting up therethe centre of his relations of life. If this requirement is, on the basis of an overallconsideration of a person's professional, economic and social relations of life, metby more than one domicile, this person has to designate as his principal domicilethe one which he has the closest relationship of government envisionedSubsidiary unit governmentNational capitalGeneral guarantee of generated: 27 Apr 2022, 12:13 Austria 1920 (reinst.)

5 1945, rev. 2009)Page 5 Art 71. All nationals are equal before the law. Privileges based upon birth, sex, estate,class or religion are excluded. No one shall be discriminated against because ofhis disability. The republic (Federation, Laender and municipalities) commits itselfto ensuring the equal treatment of disabled and non-disabled persons in allspheres of every-day The Federation, Laender and municipalities subscribe to the de-facto equality ofmen and women. Measures to promote factual equality of women and men,particularly by eliminating actually existing inequalities, are Of cial designations can be applied in such a way as to indicate the sex of theof cer holder. The same holds good for titles, academic degrees and descriptionsof Public employees, including members of the Federal Army, are guaranteed theunrestricted exercise of their political 81. German is the of cial language of the republic without prejudice to the rightsprovided by Federal law for linguistic The republic (Federation, Laender and municipalities) subscribe to its linguisticand cultural multiplicity having grown, expressed in the autochthonous ethnicgroups.

6 Language and culture, existence and preservation of these ethnic groupsare to be respected, safeguarded and to be The Austrian sign language is recognized as independent language. Details areregulated by the 8a1. The colours of the republic of Austria are red-white-red. The ag consists ofthree identically broad horizontal stripes of which the intermediate is white, theupper and the lower are The coat of arms of the republic of Austria (the Federal coat of arms) consists ofan unfettered, single-headed, black, gilt-armed and red-tongued eagle on whosebreast is imposed a red shield intersected by a silver crosspiece. On its head theeagle bears a mural crown with three visible merlons. A sundered iron chain ringsboth talons. The right holds a golden sickle with inward turned blade, the left agolden Detailed provisions, in particular as to safeguard of the colours, the coat of arms,and the seal of the republic , are settled by Federal 91. The generally recognized rules of international law are regarded as integral partsof Federal By Law or state treaty having been approved according to Art.

7 50 para I maytransferred speci c Federal competences to other states or intergovernmentalorganizations. The same way the activity of agents of foreign states orintergovernmental organizations inside Austria and the activity of Austrianagents abroad may be regulated as well as the transfer of single Federalcompetences of other states or intergovernmental organizations to Austrianagents be provided for. Within this frame it may be provided for that Austrianagents shall be subject to the authority of agents of other states orintergovernmental organizations or such be subject to the authority of 9a1. Austria subscribes to comprehensive national defence. Its task is to preserve theFederal territory's outside independence as well as its inviolability and its unity,especially as regards the maintenance and defence of permanent neutrality. Inthis connection, too, the constitutional establishments and their capacity tofunction as well as the democratic freedoms of residents are to be safeguardedand defended against acts of armed attack from regardless of religionEquality regardless of genderMentions of social classEquality regardless of social statusEquality for persons with disabilitiesEquality regardless of genderEquality regardless of genderOf cial or national languagesIntegration of ethnic communitiesRight to cultureProtection of language useNational agInternational lawCustomary international generated: 27 Apr 2022, 12:13 Austria 1920 (reinst.)

8 1945, rev. 2009)Page 62. Universal national defence comprises military, intellectual, civil and economicnational Every male national is liable to military service. Female nationals may rendervoluntary service in the Federal Army as soldiers and have the right to terminatesuch Conscientious objectors who refuse the ful lment of compulsory military serviceand are exonerated therefrom must perform an alternative service (civilianservice)Art 101. 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 ConstitutionalCourt;2. external affairs including political and economic representation withregard to other countries, in particular the conclusion of internationaltreaties, notwithstanding Laender competence in accordance with Art. 16para 1; demarcation of frontiers; trade in goods and livestock with othercountries; customs;3.

9 Regulation and control of entry into and exit from the Federal territory;immigration and emigration; passports; residence prohibition, expulsionand deportation; asylum; extradition4. Federal nances, in particular taxes to be collected exclusively or in parton behalf of the Federation; monopolies;5. the monetary, credit, stock exchange and banking system; the weightsand measures, standards and hallmark system;6. civil law affairs, including the rules relating to economic association butexcluding regulations which render real property transactions, legalacquisition on death by individuals outside the circle of legal heirs notexcepted, with aliens and transactions in built-up real property or such asis earmarked for development subject to restrictions by theadministrative authorities; private endowment affairs; criminal law,excluding administrative penal law and administrative penal procedure inmatters which fall within the autonomous sphere of competence of theLaender; administration of justice; establishments for the protection ofsociety against criminal or otherwise dangerous elements; copyright;press affairs; expropriation in so far as it does not concern matters fallingwithin the autonomous sphere of competence of the Laender; matterspertaining to notaries, lawyers, and related professions;7.

10 The maintenance of peace, order and security including the extension ofprimary assistance in general, but excluding local public safety matters;the right of association and assembly; matters pertaining to personalstatus, including the registration of births, marriages and deaths, andchange of name; aliens police and residence registration; matterspertaining to weapons, ammunition and explosives, and the use of re-arms;8. matters pertaining to trade and industry; public advertising andcommercial brokerage; restraint of unfair competition; patent matters andthe protection of designs, trade marks, and other commodity descriptions;matters pertaining to patent agents; matters pertaining to civilengineering; chambers of commerce, trade, and industry; establishment ofprofessional associations in so far as they extend to the Federal territoryas a whole, but with the exception of those in the eld of agriculture andforestry;9. the traf c system relating to the railways, aviation and shipping in so faras the last of these does not fall under Art.