Questions and Answers
What is the role of the Constitutional Court in Austria?
Which of the following statements about law in Austria is true?
What are collective bargaining agreements in the context of Austrian law?
In Austria, how is law passed by parliamentary bodies often implemented?
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Which type of legal sources in Austria apply only to specific parties in individual cases?
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What does 'case law' mean in the context of the Austrian legal system?
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What is required for a law to be classified as constitutional law in Austria?
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What is NOT true about the Austrian legal system?
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Which statement accurately describes the role of EU Regulations?
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What is the significance of the Charter of Fundamental Rights of the European Union (CFREU)?
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Which document is considered primary EU law as per the Lisbon Treaty?
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How do EU Directives differ from EU Regulations in terms of implementation?
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What is the main purpose of the Treaty on the Functioning of the European Union (TFEU)?
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What type of law is enacted by competent EU institutions referred to as?
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Which of the following statements about EU law is correct?
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Which of the following best describes the distribution of powers in the EU?
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How does European law relate to national constitutional law according to the CJEU?
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What is NOT considered a main source of international law?
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What is required for a state to be bound by a treaty?
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What term is used to describe the formal act of a state indicating consent to be bound by a treaty?
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What typically occurs for multilateral treaties regarding their entry into force?
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Which entity may serve as a depositary for multilateral treaties?
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What is the process called when a non-signatory state indicates its intention to be bound by a treaty?
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Which of the following entities is typically NOT recognized as having a similar status to states under international law?
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What characterizes the relationship between Austrian national law and EU regulations?
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In purely domestic cases, what other legal sources must be considered in Austria?
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What is a common characteristic of legal issues in Austria influenced by EU law?
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What happens in Austrian law when a legal relationship involves foreign nationality?
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How can the influence of EU and international law on national cases be described?
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What defines cross-border situations in legal terms within the Austrian context?
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What can be concluded about the harmonization of laws in Austria?
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What role do EU directives play in Austrian national law?
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What distinguishes self-executing treaties from non-self-executing treaties?
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Which of the following accurately describes the European Union's position in relation to international law?
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What is the role of the Council of Europe (CoE) in the context of international treaties?
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What characterizes the European Convention on Human Rights (ECHR) in Austria?
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Which of the following statements correctly interprets the term 'supranational law' as related to EU law?
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Where is the headquarters of the Council of Europe located?
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How does the enforcement of treaties differ between self-executing and non-self-executing treaties?
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What type of judiciary is responsible for the enforcement and interpretation of the European Convention on Human Rights?
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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.