Podcast
Questions and Answers
Which of the following best describes the role of the Federal Constitutional Act (B-VG) within the Austrian legal system?
Which of the following best describes the role of the Federal Constitutional Act (B-VG) within the Austrian legal system?
- It primarily deals with the regulations and organizational structure of the nine Federal Provinces.
- It is the primary constitutional document that establishes the basic principles, structure, and powers of the Austrian state. (correct)
- It serves as a supplementary document to the main constitution, addressing specific areas of law.
- It outlines the fundamental rights of citizens but does not impact the organizational structure of the Austrian state.
In the Austrian legal system, how do Land constitutions compare to the Federal Constitution in terms of importance and scope?
In the Austrian legal system, how do Land constitutions compare to the Federal Constitution in terms of importance and scope?
- Land constitutions supersede the Federal Constitution on issues specific to each of the nine Federal Provinces.
- Land constitutions play a subordinate role compared to the Federal Constitution. (correct)
- Land constitutions hold equal importance to the Federal Constitution and cover similar areas of law.
- Land constitutions primarily focus on federal matters, while the Federal Constitution deals with provincial issues.
According to the hierarchy of norms, what is the relationship between a constitution and ordinary laws?
According to the hierarchy of norms, what is the relationship between a constitution and ordinary laws?
- Constitutions can be directly altered or superseded by ordinary laws.
- Ordinary laws authorize the creation and amendment of the consitution.
- The Consitution authorizes the legislator to enact ordinary laws. (correct)
- Constitutions and ordinary laws operate independently without influencing one another.
How does the hierarchy of norms impact the enactment of legal acts in the Austrian legal system?
How does the hierarchy of norms impact the enactment of legal acts in the Austrian legal system?
Which of the following scenarios would be considered a violation of the hierarchy of norms in the Austrian legal system?
Which of the following scenarios would be considered a violation of the hierarchy of norms in the Austrian legal system?
How does the concept of ‘hierarchy of norms’ influence legal interpretations and applications in Austria?
How does the concept of ‘hierarchy of norms’ influence legal interpretations and applications in Austria?
What is a key difference between the Austrian Constitution and constitutions in some other countries?
What is a key difference between the Austrian Constitution and constitutions in some other countries?
Why is Adolf Julius Merkl's theory of the ‘hierarchy of norms’ important for understanding the Austrian legal system?
Why is Adolf Julius Merkl's theory of the ‘hierarchy of norms’ important for understanding the Austrian legal system?
What determines the rank of a legal act within a hierarchy of norms, according to the concept outlined?
What determines the rank of a legal act within a hierarchy of norms, according to the concept outlined?
What is a key characteristic of the basic principles of the Austrian Federal Constitution?
What is a key characteristic of the basic principles of the Austrian Federal Constitution?
What constitutes a 'total revision of the Federal Constitution' in Austria, according to the text?
What constitutes a 'total revision of the Federal Constitution' in Austria, according to the text?
What voting requirement is necessary in the National Council for changes considered a 'total revision of the Federal Constitution'?
What voting requirement is necessary in the National Council for changes considered a 'total revision of the Federal Constitution'?
What happens if an amendment to ordinary constitutional law conflicts with one of the basic principles of the Austrian Federal Constitution?
What happens if an amendment to ordinary constitutional law conflicts with one of the basic principles of the Austrian Federal Constitution?
According to Art. 2 of the Treaty on the European Union (TEU), what core value is the EU founded upon?
According to Art. 2 of the Treaty on the European Union (TEU), what core value is the EU founded upon?
What is the legal basis for the principle of democracy in Austria, as stated in the content?
What is the legal basis for the principle of democracy in Austria, as stated in the content?
According to the Austrian Federal Constitutional Act, from where does the law emanate?
According to the Austrian Federal Constitutional Act, from where does the law emanate?
What type of democracy is Austria, as described in the content?
What type of democracy is Austria, as described in the content?
What age must a citizen of Austria be to have the right to vote in parliamentary elections?
What age must a citizen of Austria be to have the right to vote in parliamentary elections?
Which of the following is NOT a characteristic of the right to vote in Austrian parliamentary elections, according to the content?
Which of the following is NOT a characteristic of the right to vote in Austrian parliamentary elections, according to the content?
What principle governs the election of the National Council in Austria?
What principle governs the election of the National Council in Austria?
What is the principle of legality as it relates to the executive branch in Austria?
What is the principle of legality as it relates to the executive branch in Austria?
Which of the following is a tool or mechanism to make administrative authorities responsible to the legislator?
Which of the following is a tool or mechanism to make administrative authorities responsible to the legislator?
According to the document, what is required for matters of fundamental and overall national importance if the National Council decides?
According to the document, what is required for matters of fundamental and overall national importance if the National Council decides?
Which body reviews the compatibility of administrative court decisions with the constitution and the law in Austria?
Which body reviews the compatibility of administrative court decisions with the constitution and the law in Austria?
In Austria, how can a legislative proposal be initiated?
In Austria, how can a legislative proposal be initiated?
What majority is required in the National Council to adopt ordinary laws in Austria?
What majority is required in the National Council to adopt ordinary laws in Austria?
What action can the Federal Council take after a law is adopted by the National Council?
What action can the Federal Council take after a law is adopted by the National Council?
What happens if the Federal Council objects to an enactment, and the National Council insists on it?
What happens if the Federal Council objects to an enactment, and the National Council insists on it?
In the Austrian federal system, what governs the relationship between federal and Land (state) laws?
In the Austrian federal system, what governs the relationship between federal and Land (state) laws?
Which of the following is an executive body of the Austrian State?
Which of the following is an executive body of the Austrian State?
How are the Federal Chancellor and the Federal Government appointed in Austria?
How are the Federal Chancellor and the Federal Government appointed in Austria?
Under what circumstances can the Federal President dismiss the Federal Chancellor?
Under what circumstances can the Federal President dismiss the Federal Chancellor?
How can an individual member of the Federal Government be dismissed from office?
How can an individual member of the Federal Government be dismissed from office?
Besides resignation, what is another way the Federal Government or Federal Ministers can be removed from office?
Besides resignation, what is another way the Federal Government or Federal Ministers can be removed from office?
What role do Federal Ministries play in the Austrian government?
What role do Federal Ministries play in the Austrian government?
Under whose chairmanship does the Federal Government operate as a collegiate body?
Under whose chairmanship does the Federal Government operate as a collegiate body?
What is required for a law to be expressly labelled as a constitutional law in Austria?
What is required for a law to be expressly labelled as a constitutional law in Austria?
In Austria's legislative process, what action follows the adoption of a law by the National Council?
In Austria's legislative process, what action follows the adoption of a law by the National Council?
What condition allows the Federal Minister to deviate from the National Council's opinion on EU matters?
What condition allows the Federal Minister to deviate from the National Council's opinion on EU matters?
Under what circumstance is a deviation from the National Council's opinion permissible if the project requires a federal constitutional law?
Under what circumstance is a deviation from the National Council's opinion permissible if the project requires a federal constitutional law?
What is the role of the Federal Council concerning EU projects that affect the competences of the Laender?
What is the role of the Federal Council concerning EU projects that affect the competences of the Laender?
Why is parliamentary participation in EU legislative procedures often limited, according to the text?
Why is parliamentary participation in EU legislative procedures often limited, according to the text?
Which aspect of Austria's participation in the EU's Common Foreign and Security Policy (CFSP) is specifically highlighted?
Which aspect of Austria's participation in the EU's Common Foreign and Security Policy (CFSP) is specifically highlighted?
Compared to the German Federal President, what is a key difference in the role of the Austrian Federal President?
Compared to the German Federal President, what is a key difference in the role of the Austrian Federal President?
According to the Federal Constitutional Act, which entity holds the competence for all judicial activities?
According to the Federal Constitutional Act, which entity holds the competence for all judicial activities?
What is the significance of the principle of 'allocation of cases' within a court?
What is the significance of the principle of 'allocation of cases' within a court?
What subjective right is granted by Art. 83 para. 2 Federal Constitutional Act?
What subjective right is granted by Art. 83 para. 2 Federal Constitutional Act?
According to Art. 92 para. 1 Federal Constitutional Act, what role does the Supreme Court (OGH) play?
According to Art. 92 para. 1 Federal Constitutional Act, what role does the Supreme Court (OGH) play?
What principle does Art. 94 para. 1 Federal Constitutional Act emphasize regarding the separation of powers?
What principle does Art. 94 para. 1 Federal Constitutional Act emphasize regarding the separation of powers?
Which requirement does the principle of the rule of law impose on public administration according to Art. 18 para. 1 Federal Constitutional Act?
Which requirement does the principle of the rule of law impose on public administration according to Art. 18 para. 1 Federal Constitutional Act?
What is the role of administrative courts and the Supreme Administrative Court in ensuring the rule of law?
What is the role of administrative courts and the Supreme Administrative Court in ensuring the rule of law?
Besides examining administrative acts for compliance with the law, what additional recourse does the Supreme Administrative Court offer?
Besides examining administrative acts for compliance with the law, what additional recourse does the Supreme Administrative Court offer?
What specific conflicts of jurisdiction is the Supreme Administrative Court competent to resolve?
What specific conflicts of jurisdiction is the Supreme Administrative Court competent to resolve?
Where does legal protection against acts of administrative authorities primarily lie in Austria?
Where does legal protection against acts of administrative authorities primarily lie in Austria?
In the context of municipalities' own sphere of competence, what is generally true regarding legal redress to administrative authorities outside the municipality?
In the context of municipalities' own sphere of competence, what is generally true regarding legal redress to administrative authorities outside the municipality?
What is the Constitutional Court's central role, often referred to as 'guardian of the Constitution'?
What is the Constitutional Court's central role, often referred to as 'guardian of the Constitution'?
Which competence is most important for the Constitutional Court?
Which competence is most important for the Constitutional Court?
In norm control proceedings, what standards does the Constitutional Court use to examine laws?
In norm control proceedings, what standards does the Constitutional Court use to examine laws?
Which of the following actions can the Austrian Federal President undertake?
Which of the following actions can the Austrian Federal President undertake?
What distinguishes Austria's federal structure compared to other federal states like Germany or Switzerland?
What distinguishes Austria's federal structure compared to other federal states like Germany or Switzerland?
Which principle is designed to prevent a single person from simultaneously holding positions in different branches of the Austrian government?
Which principle is designed to prevent a single person from simultaneously holding positions in different branches of the Austrian government?
What is the primary function of fundamental rights and freedoms in Austria?
What is the primary function of fundamental rights and freedoms in Austria?
Which of the following is a key characteristic of a state under the rule of law, as opposed to a police state?
Which of the following is a key characteristic of a state under the rule of law, as opposed to a police state?
What does the 'principle of legality' mean in the context of Austrian administrative acts?
What does the 'principle of legality' mean in the context of Austrian administrative acts?
Which article of the Federal Constitutional Act lays down the principle of legality?
Which article of the Federal Constitutional Act lays down the principle of legality?
Which of the following statements best describes the relationship between the EU and fundamental rights?
Which of the following statements best describes the relationship between the EU and fundamental rights?
How is the Austrian Federal President elected?
How is the Austrian Federal President elected?
What happens if a citizen wants to challenge an act of the state in Austria?
What happens if a citizen wants to challenge an act of the state in Austria?
What is the term of office for the Austrian Federal President, and how many times can they be re-elected?
What is the term of office for the Austrian Federal President, and how many times can they be re-elected?
Which of the following is true regarding the impeachment of the Federal President?
Which of the following is true regarding the impeachment of the Federal President?
Which of the following competencies is NOT attributed to the Austrian Federal President?
Which of the following competencies is NOT attributed to the Austrian Federal President?
Which areas of law are primarily within the competence of the Laender (regions) in Austria?
Which areas of law are primarily within the competence of the Laender (regions) in Austria?
The Austrian Constitution establishes a separation of powers among which governmental bodies?
The Austrian Constitution establishes a separation of powers among which governmental bodies?
What distinguishes Austria's neutrality from that of Scandinavian countries like Sweden and Finland?
What distinguishes Austria's neutrality from that of Scandinavian countries like Sweden and Finland?
According to international law, what specific action is a permanently neutral state prohibited from doing during times of war?
According to international law, what specific action is a permanently neutral state prohibited from doing during times of war?
In times of peace, what specific obligation applies to states committed to permanent neutrality under international law?
In times of peace, what specific obligation applies to states committed to permanent neutrality under international law?
What must a permanently neutral state do regarding its foreign relations to adhere to international law?
What must a permanently neutral state do regarding its foreign relations to adhere to international law?
What was the significance of Austria's common declaration with the EU in April 1994, annexed to the Treaty of Accession?
What was the significance of Austria's common declaration with the EU in April 1994, annexed to the Treaty of Accession?
What specific constitutional provision was introduced in Austria as a result of its declaration with the EU regarding the Common Foreign and Security Policy (CFSP)?
What specific constitutional provision was introduced in Austria as a result of its declaration with the EU regarding the Common Foreign and Security Policy (CFSP)?
What is the Austrian government's apparent view on the compatibility of permanent neutrality and participation in the EU's Common Foreign and Security Policy (CFSP)?
What is the Austrian government's apparent view on the compatibility of permanent neutrality and participation in the EU's Common Foreign and Security Policy (CFSP)?
How are generally recognized rules of international law integrated into Austrian federal law?
How are generally recognized rules of international law integrated into Austrian federal law?
What is the status of international treaties once they are incorporated into Austrian domestic law?
What is the status of international treaties once they are incorporated into Austrian domestic law?
What determines the legal quality or rank of international treaties within the Austrian legal system?
What determines the legal quality or rank of international treaties within the Austrian legal system?
According to the Austrian Federal Constitutional Act, under what condition can treaties modifying existing laws, the Treaty on European Union (TEU), and the Treaty on the Functioning of the European Union (TFEU) be ratified?
According to the Austrian Federal Constitutional Act, under what condition can treaties modifying existing laws, the Treaty on European Union (TEU), and the Treaty on the Functioning of the European Union (TFEU) be ratified?
Which of the following is a function of the Austrian Constitutional Court?
Which of the following is a function of the Austrian Constitutional Court?
Besides resolving conflicts of competence, in what other situation does the Austrian Constitutional Court have a specific role?
Besides resolving conflicts of competence, in what other situation does the Austrian Constitutional Court have a specific role?
In Austria, what serves as the standard of review in norm control proceedings?
In Austria, what serves as the standard of review in norm control proceedings?
What does Austria's Federal Constitution contain explicit rules on?
What does Austria's Federal Constitution contain explicit rules on?
What condition necessitates approval by the Federal Council for international treaties concluded by the Federal Government?
What condition necessitates approval by the Federal Council for international treaties concluded by the Federal Government?
What determines whether an international treaty is directly applicable within Austria?
What determines whether an international treaty is directly applicable within Austria?
How can the Austrian legislator prevent an international treaty from being directly applicable in domestic law, even if its content suggests it should be?
How can the Austrian legislator prevent an international treaty from being directly applicable in domestic law, even if its content suggests it should be?
What is the effect of the National Council voting for a 'reservation of implementation' when approving a treaty?
What is the effect of the National Council voting for a 'reservation of implementation' when approving a treaty?
Prior to 1982, what characterized the Austrian Federal Constitution's stance on Austria's participation in international organizations?
Prior to 1982, what characterized the Austrian Federal Constitution's stance on Austria's participation in international organizations?
According to Art. 9 para. 2 Federal Constitutional Act, how can Austria transfer competences to intergovernmental institutions?
According to Art. 9 para. 2 Federal Constitutional Act, how can Austria transfer competences to intergovernmental institutions?
What limits are placed on the transfer of competences under Art. 9 Federal Constitutional Act?
What limits are placed on the transfer of competences under Art. 9 Federal Constitutional Act?
Why was a special constitutional law, rather than Art. 9 para. 2 Federal Constitutional Act, used as the basis for Austria's accession to the EU?
Why was a special constitutional law, rather than Art. 9 para. 2 Federal Constitutional Act, used as the basis for Austria's accession to the EU?
Before the ratification of the Treaty of Accession, what specific action was required regarding the special constitutional law authorizing the competent authorities to ratify the Treaty?
Before the ratification of the Treaty of Accession, what specific action was required regarding the special constitutional law authorizing the competent authorities to ratify the Treaty?
How are the Laender involved in the EU decision-making process, according to the Austrian Federal Constitutional Act?
How are the Laender involved in the EU decision-making process, according to the Austrian Federal Constitutional Act?
Under what conditions can the Federal Government deviate from a 'uniform comment' made by the Laender on an EU project?
Under what conditions can the Federal Government deviate from a 'uniform comment' made by the Laender on an EU project?
What is the role of the National Council in the EU decision-making process?
What is the role of the National Council in the EU decision-making process?
What information are municipalities entitled to receive regarding EU projects, according to the Austrian Federal Constitutional Act?
What information are municipalities entitled to receive regarding EU projects, according to the Austrian Federal Constitutional Act?
The transfer law which allowed Austria into the EU, was it a total or partial revision of the constitution?
The transfer law which allowed Austria into the EU, was it a total or partial revision of the constitution?
In the context of international treaties and Austrian law, Parliament's influence is limited to what?
In the context of international treaties and Austrian law, Parliament's influence is limited to what?
Flashcards
Constitutional Law
Constitutional Law
Body of rules governing state organs, elections, fundamental rights, and the judiciary.
Austrian Constitution
Austrian Constitution
Unlike some countries, Austria's constitution is not a single document, but a collection of legal documents.
Federal Constitutional act
Federal Constitutional act
Main constitutional document in Austria, laying down basic principles, structure, and powers.
Federal Provinces
Federal Provinces
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Hierarchy of Norms
Hierarchy of Norms
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Adolf Julius Merkl
Adolf Julius Merkl
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Constitution's Role
Constitution's Role
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Ordinances
Ordinances
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Basic Principles of the Austrian Federal Constitution
Basic Principles of the Austrian Federal Constitution
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'Total Revision of the Federal Constitution'
'Total Revision of the Federal Constitution'
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Unconstitutional Constitutional Law
Unconstitutional Constitutional Law
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Indirect Democracy
Indirect Democracy
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Universal Suffrage
Universal Suffrage
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Equal Suffrage
Equal Suffrage
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Direct Suffrage
Direct Suffrage
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Personal Suffrage
Personal Suffrage
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Secret Ballot
Secret Ballot
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Proportional Representation
Proportional Representation
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Principle of Legality
Principle of Legality
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Vote of No Confidence
Vote of No Confidence
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Popular Initiative
Popular Initiative
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Referendum
Referendum
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Federal Minister Deviation
Federal Minister Deviation
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Deviation & Constitutional Law
Deviation & Constitutional Law
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Federal Council Opinions
Federal Council Opinions
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EU Document Negotiation
EU Document Negotiation
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Austria & CFSP Participation
Austria & CFSP Participation
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Austrian Federal President
Austrian Federal President
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Art. 82-94 of the Federal Constitutional Act
Art. 82-94 of the Federal Constitutional Act
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Judicial Competence
Judicial Competence
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Courts in Austria
Courts in Austria
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Ordinary Courts
Ordinary Courts
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Allocation of Cases
Allocation of Cases
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Right to a Lawful Judge
Right to a Lawful Judge
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Supreme Court (OGH)
Supreme Court (OGH)
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Separation of Powers
Separation of Powers
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Administrative Courts
Administrative Courts
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Supreme Administrative Court
Supreme Administrative Court
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Administrative Courts Number
Administrative Courts Number
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Neutrality Administrative courts
Neutrality Administrative courts
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Norm Control Proceedings
Norm Control Proceedings
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Constitutional Court
Constitutional Court
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Republic
Republic
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Federal President (Austria)
Federal President (Austria)
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Federal State
Federal State
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Examples of Federal States
Examples of Federal States
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Laender (in Austria)
Laender (in Austria)
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Fundamental Rights
Fundamental Rights
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Rule of Law
Rule of Law
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EU Founding Values (Art. 2 TEU)
EU Founding Values (Art. 2 TEU)
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Institutions of Legal Protection
Institutions of Legal Protection
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State Self-Restraint
State Self-Restraint
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Freedom to Exercise Gainful Activity
Freedom to Exercise Gainful Activity
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Protection of Property
Protection of Property
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Freedom of Opinion
Freedom of Opinion
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Review by Constitutional Court
Review by Constitutional Court
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Legislative Power
Legislative Power
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Austrian Federal Parliament
Austrian Federal Parliament
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Legislative Proposal
Legislative Proposal
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Who can make a legislative proposal?
Who can make a legislative proposal?
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Adopting Constitutional Laws
Adopting Constitutional Laws
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Federal Council's Veto
Federal Council's Veto
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Authentication of a Law
Authentication of a Law
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Federal Law Gazette (BGBl)
Federal Law Gazette (BGBl)
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Land Laws
Land Laws
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Precedence of Laws
Precedence of Laws
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Highest Executive Bodies of Austria
Highest Executive Bodies of Austria
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Federal Government
Federal Government
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Federal President's Role
Federal President's Role
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Removing Federal Ministers
Removing Federal Ministers
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Constitutional Court Role
Constitutional Court Role
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Conflict of Competence
Conflict of Competence
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Permanent Neutrality
Permanent Neutrality
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BVG Neutralität
BVG Neutralität
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Neutrality Restrictions
Neutrality Restrictions
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Economic Neutrality
Economic Neutrality
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Secondary Neutrality
Secondary Neutrality
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Foreign Relations and Neutrality
Foreign Relations and Neutrality
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Austria and EU Acquis
Austria and EU Acquis
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CFSP Participation
CFSP Participation
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International Law Incorporation
International Law Incorporation
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Treaty Incorporation
Treaty Incorporation
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National Council Approval
National Council Approval
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Treaty Legal Quality
Treaty Legal Quality
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Treaty Rank
Treaty Rank
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Treaty Approval by Federal Council
Treaty Approval by Federal Council
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Treaty Effective Date
Treaty Effective Date
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Treaty Direct Applicability
Treaty Direct Applicability
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Parliament's Treaty Role
Parliament's Treaty Role
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Preventing Treaty Application
Preventing Treaty Application
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Reservation of Implementation
Reservation of Implementation
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Austria & IOs Before 1982
Austria & IOs Before 1982
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Transferring Jurisdiction to IOs
Transferring Jurisdiction to IOs
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Scope of Art. 9 Transfer
Scope of Art. 9 Transfer
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IO Decision Limits : : Human Rights
IO Decision Limits : : Human Rights
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Neutrality and IO Competence
Neutrality and IO Competence
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EU Accession & Sovereignty
EU Accession & Sovereignty
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EU Accession Legal Basis
EU Accession Legal Basis
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Art. 23a Focus
Art. 23a Focus
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Informing Laender
Informing Laender
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Study Notes
- Constitutional law includes rules governing state organs, elections, fundamental rights, and the judiciary.
Austrian Constitution
- Austria lacks a single constitutional document.
- The Federal Constitutional Act (B-VG) of 1920 is the main constitutional document.
- The Act outlines the basic principles, organizational structure, powers of institutions, and fundamental rights.
- Other constitutional acts and provisions are also specified as constitutional law.
- Austria is divided into nine Federal Provinces (Laender), each with its own constitution, though the Federal Constitution takes precedence.
Hierarchy of Norms
- Developed by Austrian legal scholar Adolf Julius Merkl.
- Laws regulate their own creation, with each legal act conforming to a superior one.
- The Constitution empowers the legislator to enact ordinary laws.
- Constitutions and laws authorize administrative bodies to enact ordinances.
- Laws permit authorities to issue rulings or judgments.
- Subordinate legal acts must not contradict superior ones.
- The hierarchy depends on enactment rules and superseding power of norms.
- Subordinate acts that contravene superior ones can be quashed in specific proceedings.
Basic Principles of the Austrian Federal Constitution
- These principles are derived from the Constitution's overall context.
- Key principles include democracy, republicanism, federalism, liberalism, separation of powers, and the rule of law (Rechtsstaatsprinzip).
- Abolishing or fundamentally amending these principles requires a 'total revision of the Federal Constitution' per Art. 44 para. 3 Federal Constitutional Act.
- Requires a vote with at least half of the National Council members present, a two-thirds majority, and a referendum.
- Amendments conflicting with basic principles are unconstitutional.
Democracy
- Art. 2 of the Treaty on the European Union (TEU) establishes democracy as a core value.
- Art. 1 of the Statute of the Council of Europe anchors democracy in constitutions for wider Europe.
- Art. 1 of the Federal Constitutional Act states, "Austria is a democratic republic. Its law emanates from the people."
- Austria operates as a parliamentary (indirect) democracy.
- Parliament (National Council) elections occur at regular intervals.
- Citizens aged 16+ can vote (universal and equal suffrage).
- Each citizen has one direct vote, cast in person (personal suffrage).
- Elections are secret to protect electoral freedom.
- Canvassing must be unrestricted and unbiased.
- The National Council is elected via proportional representation.
- Executive actions must be based on law (principle of legality; Art. 18 Federal Constitutional Act).
- Administrative authorities are responsible to the legislator.
- Instruments to ensure responsibility include parliamentary committees of inquiry, votes of no confidence, and proceedings against government members before the Constitutional Court.
- Elements of direct democracy in Austria include referendums for total revisions, consultations of the people and popular initiatives.
Republic
- The Federal President is a high executive organ, elected by citizens.
- The term of office is six years, with one possible re-election.
- Impeachment is possible via referendum, though never used.
- The President is the head of state, with roles such as Commander-in-Chief and representing the republic.
- President can dissolve the National Council and appoint/dismiss the Federal Chancellor, Government members, and State Secretaries.
- Austria is a republic due to the President's legal position, limited term, and political responsibility.
Federal State
- Germany, Belgium, Switzerland, and Bosnia and Herzegovina are other examples of federal states.
- Art. 2 para. 1 Federal Constitutional Act states, "Austria is a federal state."
- Compared to other federal states, decentralization of legislation and judicial powers is low
- Laender have relative autonomy in legislation and administration.
- Competences not expressly given to the Federation belong to the Laender.
- The Federation handles external affairs, civil law, trade, and military matters.
- Laender manage building, regional planning, environmental protection, and hunting/fishing laws (Art. 15 Federal Constitutional Act).
- The federal element is weak, as the Federation holds most competences, and the Federal Council's influence is limited.
Principle of the Separation of Powers
- Separates state powers into legislative, administrative, and judicial branches.
- Complemented by rules on incompatibility, preventing individuals from simultaneously holding positions in different branches.
- Exceptions include government members also being members of Parliament.
- Powers of appointment, dismissal, participation, and control exist between branches.
Fundamental Rights
- Human dignity, freedom, equality, the rule of law, and respect for human rights are crucial.
- A catalogue of binding fundamental rights was integrated into the EU Treaties in 2009.
- Art. 6 of the TEU states that rights, freedoms, and principles of the Charter of Fundamental Rights (CFR) have the same legal value as the treaties.
- Fundamental rights limit state power and protect individual freedoms, such as freedom to exercise gainful activity, protection of property, freedom of opinion, and equality.
Rule of Law
- Art. 2 TEU establishes the rule of law as a founding value of the EU.
- States under the rule of law are characterized by legal certainty, foreseeability, and institutions ensuring these principles.
- The principle of legality requires that administrative acts are based on law, according to Art. 18 of the Federal Constitutional Act.
- Institutions guarantee compliance with the constitution and the law.
- Individuals can seek remedies against state actions.
- Decisions of administrative courts can be reviewed by the Constitutional Court (Art. 144 Federal Constitutional Act) and the Supreme Administrative Court (Art. 133 Federal Constitutional Act).
- Legal acts, regulations, and international treaties can be examined for compliance with the constitution and legal acts (Art. 139-140a Federal Constitutional Act).
The Legislature
- Legislative power is exercised by a parliament.
- Austria's federal Parliament consists of the National Council and the Federal Council.
- Members of Parliament are directly elected by the people.
- The legislative process begins with a legislative proposal to the National Council.
- Proposals can be made by members of the National Council, the Federal Government, the Federal Council, or via popular initiatives.
- Ordinary laws require at least one-third of National Council members present and an absolute majority vote.
- Constitutional laws require at least half of the members present, a two-thirds majority, and must be expressly labelled as such.
- After adoption by the National Council, laws go to the Federal Council, which has veto power.
- The Federal Council can reject a law with a reasoned objection within eight weeks.
- If no objection, the Federal President authenticates it, and the Federal Chancellor countersigns it.
- The law is then published in the Federal Law Gazette (BGBl).
- If the Federal Council objects, the National Council deliberates again and can insist on the law being adopted.
- The Federal Council cannot object again, and the law is authenticated and published.
- Land laws require passage by the Diet, authentication, countersigning, and publication by the Governor in the Land Law Gazette.
- Land Constitution must not contravene Federal Constitution; ordinary federal laws do not necessarily take precedence over ordinary Land laws.
The Executive
- Highest executive bodies of the Austrian State are the Federal President, Federal Government (Federal Chancellor, Vice-Chancellor, and Federal Ministers), and Federal Ministers.
- Federal authorities (police, financial administration) and Land authorities under the Governor exercise executive power.
Federal Government
- The Federal Chancellor, Vice-Chancellor, and Federal Ministers manage the highest administrative affairs of the Federation.
- The Federal President appoints the Federal Chancellor and other Federal Government members on recommendation.
- The Federal President can dismiss the Federal Chancellor or the Government without recommendation.
- An individual government member can be dismissed only on the Federal Chancellor's recommendation.
- The National Council can remove the Federal Government or Federal Ministers via a vote of no confidence.
Federal President
- Limited powers compared to the French or US Presidents.
- Plays a significant role in government formation.
Judiciary
- Ordinary jurisdiction, administrative courts, the Supreme Administrative Court, and the Constitutional Court are all part of the judiciary.
- Art. 82-94 of the Federal Constitutional Act outlines the organization, authorities, and principles of ordinary jurisdiction and justice administration.
- There is a three-level jurisdiction system in criminal and civil cases.
Organization of Ordinary Courts
- Judicial activities fall under the Federation's competence (Art. 82 para. 1 Federal Constitutional Act).
- Constitution and competence of ordinary courts are defined by federal law (Art. 83 para. 1 Federal Constitutional Act).
- Caseload is allocated in advance among judges, as per Art. 87 para. 3 Federal Constitutional Act.
- This principle is complemented by the right to a lawful judge (Art. 83 para. 2 Federal Constitutional Act).
- The Supreme Court (OGH) is the court of final instance in civil and criminal matters (Art. 92 para. 1 Federal Constitutional Act).
- Judicial and administrative powers must be separated at all levels (Art. 94 para. 1 Federal Constitutional Act).
Administrative Jurisdiction
- Ensures laws are complied with, exercised by administrative courts and the Supreme Administrative Court.
- Proceedings involve a person subject to the legal order and an administrative authority.
- Administrative courts examine compliance of administrative acts with the law.
- The Supreme Administrative Court is the court of final instance and resolves jurisdictional conflicts.
- There are nine administrative courts of the Laender and two of the Federation.
- Municipalities conduct business without legal redress to outside administrative authorities, unless barred by law (Art. 118 para. 4 Federal Constitutional Act).
The Constitutional Court
- Guarantees the precedence of the Constitution and compliance of state acts.
- Safeguards fundamental and human rights.
- Reviews the constitutionality of laws.
- Examines federal and Land laws, checking compliance with their respective constitutions.
- Resolves jurisdictional conflicts between the Federation and Laender, or between Laender.
- Makes pronouncements on election challenges.
Neutrality
- Austria is a 'permanently neutral' state since 1955.
- Legally bound by the 'Federal Constitutional Act on the Neutrality of Austria' (BVG Neutralität).
- Content of neutrality determined by international law, including the Hague Conventions and customary international law.
- Neutral states cannot supply war material, grant loans for warfare, or allow transport/installation of military devices to belligerents.
- Economic and financial relations with belligerents must be impartial.
- A permanently neutral state must avoid undermining trust in its neutrality and prevent involvement in wars.
- Must shape foreign relations to prevent neutrality violations and protect against war involvement.
- Austria confirmed acceptance of EU law and its institutional framework in 1994.
- A special provision confirms Austria’s participation in the Common Foreign and Security Policy (CFSP) of the EU.
The Federal Constitution and International Law
- Generally recognized rules of international law are part of federal law.
- Customary international law is ipso jure transformed into federal law.
- International treaties must be incorporated into domestic law to be binding.
- The Constitution does not grant international treaties superior rank over domestic laws in general
- Treaties modifying or complementing existing laws, political treaties, and those modifying EU treaties require approval by the National Council (Art. 50 Federal Constitutional Act).
- Treaties concerning matters within the Laender's sphere of competence must be approved by the Federal Council.
- Treaties not under Art. 50 Federal Constitutional Act do not need parliamentary approval.
- Whether a treaty is directly applicable depends on its precision.
- Parliament has limited direct influence on treaty content but can vote to adopt or reject it.
- The legislator can prevent a treaty's direct applicability, even if it could be directly applicable.
Austria and International or Supranational Organisations
- Art. 9 para. 2 Federal Constitutional Act allows the transfer of single competences to other states or intergovernmental institutions via federal law or state treaties approved by the National Council.
- Decisions by intergovernmental institutions must respect human rights, and obligation of permanent neutrality.
- Austria's EU accession involved a significant transfer of sovereign powers, authorized by a special constitutional law.
- Various provisions concern Austrian organs' participation in the EU (Art. 23a, 23d, 23e Federal Constitutional Act).
- The Laender are informed of EU projects affecting their competence and can present views.
- The federal legislative bodies participate and are informed of projects.
- The National Council's opinion is binding on the Federal Minister if the project affects federal law issuance.
- Austria participates in the EU’s Common Foreign and Security Policy (CFSP) (Art. 23j Federal Constitutional Act).
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Description
Explore the Austrian legal system, focusing on the Federal Constitutional Act (B-VG) and the hierarchy of norms. Understand its impact on legal acts, interpretations, and the relationship between federal and Land constitutions. Learn about Adolf Julius Merkl's theory.
