1 where could legal requirements originate from

Questions and Answers

What is the role of the Constitutional Court in Austria?

To enact laws on behalf of the parliament.

To determine if laws comply with the Constitution. (correct)

To draft new legal codes.

To provide legal advice to the government.

Which of the following statements about law in Austria is true?

Administrative regulations are not considered law.

Case law is a recognized source of law applicable beyond individual cases.

Only laws passed by the legislature have formal legal status. (correct)

All laws must pass through parliamentary procedures.

What are collective bargaining agreements in the context of Austrian law?

Only applicable to federal employees.

Instruments issued that can have legislative effect if declared by the legislator. (correct)

Laws enacted solely by trade unions.

Documentation that does not have legislative effect.

In Austria, how is law passed by parliamentary bodies often implemented?

Through administrative regulations by the administration. Signup and view all the answers

Which type of legal sources in Austria apply only to specific parties in individual cases?

Court judgments and administrative decisions. Signup and view all the answers

What does 'case law' mean in the context of the Austrian legal system?

Judicial decisions that do not have effect beyond individual cases. Signup and view all the answers

What is required for a law to be classified as constitutional law in Austria?

Conformance with the country’s legal order. Signup and view all the answers

What is NOT true about the Austrian legal system?

All law must pass through legislative bodies to count as law. Signup and view all the answers

Which statement accurately describes the role of EU Regulations?

They take direct effect in Member States and are binding on individuals. Signup and view all the answers

What is the significance of the Charter of Fundamental Rights of the European Union (CFREU)?

It applies to both EU institutions and national institutions when implementing EU law. Signup and view all the answers

Which document is considered primary EU law as per the Lisbon Treaty?

Treaty on European Union Signup and view all the answers

How do EU Directives differ from EU Regulations in terms of implementation?

Directives require national legislation for implementation; Regulations do not. Signup and view all the answers

What is the main purpose of the Treaty on the Functioning of the European Union (TFEU)?

To define the legal basis and functioning of EU policies and actions. Signup and view all the answers

What type of law is enacted by competent EU institutions referred to as?

Secondary EU law Signup and view all the answers

Which of the following statements about EU law is correct?

EU law encompasses both Treaties and law made by EU institutions. Signup and view all the answers

Which of the following best describes the distribution of powers in the EU?

The powers are shared and defined by the Treaties between the EU and Member States. Signup and view all the answers

How does European law relate to national constitutional law according to the CJEU?

European law takes precedence over national constitutional law. Signup and view all the answers

What is NOT considered a main source of international law?

National legislation Signup and view all the answers

What is required for a state to be bound by a treaty?

Ratification of the treaty. Signup and view all the answers

What term is used to describe the formal act of a state indicating consent to be bound by a treaty?

Ratification Signup and view all the answers

What typically occurs for multilateral treaties regarding their entry into force?

They require a minimum number of ratifications before entering into force. Signup and view all the answers

Which entity may serve as a depositary for multilateral treaties?

An international organization Signup and view all the answers

What is the process called when a non-signatory state indicates its intention to be bound by a treaty?

Accession Signup and view all the answers

Which of the following entities is typically NOT recognized as having a similar status to states under international law?

Private corporations Signup and view all the answers

What characterizes the relationship between Austrian national law and EU regulations?

Many aspects of Austrian national law are overridden by EU regulations. Signup and view all the answers

In purely domestic cases, what other legal sources must be considered in Austria?

Both EU and international law must be considered along with domestic sources. Signup and view all the answers

What is a common characteristic of legal issues in Austria influenced by EU law?

They are generally harmonised or heavily influenced by EU law or international law. Signup and view all the answers

What happens in Austrian law when a legal relationship involves foreign nationality?

Specific laws are applied to handle cross-border situations. Signup and view all the answers

How can the influence of EU and international law on national cases be described?

It broadly impacts various aspects of national law even in domestic cases. Signup and view all the answers

What defines cross-border situations in legal terms within the Austrian context?

Any situation involving a foreign element, such as nationality or location. Signup and view all the answers

What can be concluded about the harmonization of laws in Austria?

Many issues are harmonized or heavily influenced by EU laws. Signup and view all the answers

What role do EU directives play in Austrian national law?

They often serve as the basis for national law implementation. Signup and view all the answers

What distinguishes self-executing treaties from non-self-executing treaties?

Non-self-executing treaties require implementation in national law for enforcement. Signup and view all the answers

Which of the following accurately describes the European Union's position in relation to international law?

The EU is considered a derivative entity of international law. Signup and view all the answers

What is the role of the Council of Europe (CoE) in the context of international treaties?

It enforces select international agreements but cannot create binding law. Signup and view all the answers

What characterizes the European Convention on Human Rights (ECHR) in Austria?

It holds the status of constitutional law. Signup and view all the answers

Which of the following statements correctly interprets the term 'supranational law' as related to EU law?

Supranational law indicates that EU law is superior to member states' laws. Signup and view all the answers

Where is the headquarters of the Council of Europe located?

Strasbourg, France Signup and view all the answers

How does the enforcement of treaties differ between self-executing and non-self-executing treaties?

Self-executing treaties can be enforced directly without further action by contracting states. Signup and view all the answers

What type of judiciary is responsible for the enforcement and interpretation of the European Convention on Human Rights?

European Court of Human Rights Signup and view all the answers

Study Notes

Prohibition Act & Constitutional Framework

The Prohibition Act (Verbotsgesetz 1947) established legal principles post-World War II.
The 1955 State Treaty (Staatsvertrag von Wien) re-established Austria as an independent democratic state.
The European Convention on Human Rights plays a crucial role in Austrian law.
Special procedures and majorities are needed for law to be enacted as constitutional law.
The Constitutional Court (Verfassungsgerichtshof) ensures laws comply with the Constitution.
Formal legislation (Gesetz im formellen Sinn) is distinct from broader legal regulations enacted by administrative bodies.

Legislative Authority & Administrative Law

Austrian law allows parliament to delegate powers to the administration through administrative regulations (Verordnungen).
Both legislative instruments and administrative regulations are considered law in a broader context.
Collective bargaining agreements can have legislative effects if declared by legislators.
Court judgments (Gerichtsurteile), administrative decisions (Verwaltungsbescheide), and contracts (Verträge) apply to specific cases but aren't general law sources.
Austrian case law doesn't establish binding precedence, although lower courts typically follow higher court rulings.

European Union Law

The EU consists of 27 Member States, governed primarily by the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU).
The Charter of Fundamental Rights of the EU (CFREU) is applicable to EU and member states' institutions.
Secondary EU law includes Regulations, which are directly binding, and Directives, which require national implementation.
EU law is regarded as superseding national constitutional law, though this is contested by various national constitutional courts.
Limited conflicts between national courts and the Court of Justice of the European Union (CJEU) have occurred over jurisdiction and interpretation.

International Law

International law governs relations between states and entities like the Holy See and the International Committee of the Red Cross.
Sources include customary law, general principles of law, and treaties, which can be bilateral or multilateral.
Treaties require ratification to be binding and can have self-executing provisions or require national implementation.
The Vienna Convention on the Law of Treaties (VCLT) provides guidelines for treaty operations and legal interpretation.

Supranational Entities

International organizations, such as the European Union, have been formed through treaties and can enact/enforce law.
The Council of Europe (CoE) promotes human rights and democracy, overseeing the European Convention on Human Rights.
The European Court of Human Rights (ECtHR) interprets and enforces the ECHR, which is considered constitutional law in Austria.

Intersection of National and International Law

Much of Austrian law is influenced or regulated by EU law and international treaties.
Even domestic cases can involve EU or international legal considerations.
Preparatory materials highlight the extensive harmonization and impact of international legal sources on Austrian law.

Cross-Border Legal Situations

Cross-border legal cases encompass parties from different nationalities or jurisdictions.
Legal frameworks address international elements through specific legislation or overarching legal areas.

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Description

This quiz covers key legal documents and historical events related to Austrian law, including the Prohibition Act of 1947, the 1955 State Treaty, and the European Convention on Human Rights. It explores the constitutional law requirements and the significance of these legal frameworks in shaping Austria's legal system.