1986 AMENDMENT TO AUSTRIA\u2019S CONSTITUTION OF 1945 APRIL 24, 1986
\n212. Federal constitutional law of April 4, 1986, amending the
\nfederal constitutional law of 1929 (amendment to the federal
\nconstitutional law 1986)
\nThe National Assembly has decided:
\nArticle I. The federal constitutional law of 1929, amended last by
\nthe federal constitutional law BGBI No. 490\/1984, shall be amended
\nas follows:
\n1. Article 12 is appended by \u201c(1)\u201d; it is appended by paragraph
\n2 as follows:
\n\u201c(2) The federal government, federal states and the
\nmunicipalities have to strive for a secure economic
\nbalance in their budget\/economic affairs.\u201d
\n2. Article 42 paragraph 5 shall read as follows:
\n\u201c(5) The Federal Council shall not be entitled to
\nparticipate in legislation insofar as the legislative
\ndecision of the National Assembly concerns the National
\nAssembly\u2019s standing orders, the dissolution of the
\nNational Assembly, a federal budget law, a preliminary
\nprovision according to Article 51 paragraph 5 or
\ndisposition of federal property, assumption or
\nconversion of federal liabilities, contraction or
\nconversion of federal financial debt, or the approval of
\nan annual account by the Court of Audit.\u201d
\n3. Article 51 shall read as follows:
\n1986 2<\/p>\n
\u201cArt. 51 (1) The National Assembly decides on the
\nfederal finance law; the draft of the federal government
\nshall be the basis of further consideration.
\n(2) The federal government has to introduce a
\ndraft of the Federal Finance Act for the next fiscal
\nyear at the latest ten weeks before the end of the
\nfiscal year.
\n(3) Attached to the Federal Finance Act must be an
\nestimate of federal income and expenses (official
\nfederal estimate), an employment plan and
\nrelevant basics for budget management in the
\nrespective fiscal year. The estimate for the federal
\nbudget can in the case of state owned companies
\nand special federal funds also only include
\nsubsidies towards deficit coverage and federal
\nincome surplus. In this case income and expenses
\nof the respective federal company or special
\nfederal fund must be classified separately for the
\nfollowing fiscal year and attached to the Federal
\nFinance Act.
\n(4) In the event that the federal government has
\nnot introduced a draft of the Federal Finance Act in
\ntime, a draft of the Federal Financial Act can be
\nintroduced by the National Assembly based on a
\nmotion by its members. In the event that the
\nNational Assembly does not adopt a Federal
\nBudget Act for the following fiscal year and makes
\nno temporary provision by federal law, revenues
\nshall be raised according to the law.
\n(5) If the federal government has introduced a
\ndraft of the Federal Financial Act, expenses shall
\nbe paid until a legal regulation is issued, at the
\nmost for the first four months of the following
\nfiscal year, according to the draft.
\n1986 3<\/p>\n
1. If the federal government has not
\nintroduced a draft of the Federal Financial
\nAct, or in the event that the first four months
\nof the fiscal year according to sentence 1
\nhave elapsed, expenditure amounts
\nbudgeted in the last Federal Finance Act shall
\nbe paid.
\n2. Under consideration of legal changes to
\nincome and expenses, the expenditure
\namounts of the draft of the Federal Finance
\nAct or of the previous Federal Finance Act are
\nthe limit of expenses permitted, using a
\ntwelfth of this limit as a basis for monthly
\nexpenses. Obligatory expenses shall be
\nfulfilled subject to maturity.
\nPositions provided in the budget may be filled
\nbased on the draft of the Federal Finance Act or
\nthe previous Federal Finance Act according to
\nsentences 1 and 2. Financial debts may defer half
\nof the respective planned maximum amount and
\nshort-term obligation for a temporary
\nenforcement of funds, to the respective planned
\nmaximum amount. Furthermore the regulation of
\nthe last Federal Finance Act, except included
\nincome and expenses, shall be used analogously.
\n(6) The detailed provisions concerning the draft of
\nthe Federal Finance Act and the budget
\nmanagement of the federal government shall be
\nsettled according to the basic principles of the
\nconstitutional law. This shall regulate in particular
\nthe mode of procedure for contraction and
\nconversion of liabilities from supplies of funds not
\ndue for redemption in the same fiscal year or from
\nlong-term financing (monetary debts), grounds for
\nprior charges, establishment of budget reserves, in
\ncase of federal assets disposal, and in case of
\n1986 4<\/p>\n
acceptance of federal liabilities, as well as the
\nparticipation of the Court of Audit in accountancy.\u201d
\n4. After Article 51, following Article 51 a, 51 b and 51 c shall
\nbe included:
\n\u201cArticle 51 a. (1) The federal secretary of finances shall
\nin matters of budget management be responsible for the
\nfulfillment of liabilities due for payment, and then other
\ndesignated expenses, but those only available according
\nto income, under consideration of the general principles
\nof parsimony, economic viability and expedience.
\n(2) In case the development of income and
\nexpenses shows a significant change in the
\neconomic development,
\n1. the secretary of finances can order full or
\npartial measures of fluctuation according to
\nthe Federal Finance Act;
\n2. the secretary of finances can with the
\nconsent of the federal government decide on
\ntemporary limits on expenses for a
\nmaximum period of six months or on the
\ndecisive limits of expenses, provided the
\nfulfillment of federal commitment is hereby
\nnot affected.
\nArticle 51 b. (1) Expenses, which are not listed in the
\nFederal Finance Act (except unbudgeted expenses) or
\nexceed the planned expenses of the Federal Finance Act
\n(unbudgeted expenses) shall only be met within the
\nbudget based on an authorization by Federal Finance
\nAct.
\n(2) In case of imminent danger, based on a decree
\nof the federal government in accordance with the
\npreliminary reading of the Federal Finance Act by
\n1986 5<\/p>\n
the responsible National Assembly committee, the
\nfollowing are permitted:
\n1. unpredictable and unavoidable
\nunbudgeted expenses to the extent of a
\nmaximum of 1 of 1000 of the total amount
\nof expenses as provided by the Federal
\nFinance Act
\n2. unpredictable and unavoidable expenses
\nhigher than planned by a maximum of 2 of
\n1000 of the total amount of expenses as
\nprovided by the Federal Finance Act
\nshall be met. In case the National Assembly
\ncommittee responsible for the preliminary
\ndiscussion of the Federal Finance Act has not
\ndecided within two weeks, agreement is
\nconsidered.
\n(3) With consent of the State Secretary of Finance,
\nexpenses higher than expected shall be met in
\ncase these higher expenses are necessary
\n1. based on legal responsibilities
\n2. based on an existing financial debt
\n3. based on an obligation already existing at
\nthe time the Federal Finance Act came into
\nforce or
\n4. related to this, immediate higher expenses
\nor income.
\n(4) The National Assembly can authorize the State
\nSecretary of Finance to approve expenses higher
\nthan expected other than those described in
\nparagraph 3. The authorization shall only be
\ndeclared as far as the excess amounts are bound
\n1986 6<\/p>\n
to objective conditions and are numerically
\ndetermined or ascertainable, concern expenses,
\nand
\n1. which became necessary due to
\nunpredictable urgency, without significantly
\naltering the expenditure structure of the
\nfederal budget, or
\n2. which become necessary because of the
\nsignificant economic change over the course
\nof the fiscal year (Article 51 a paragraph 2),
\nor
\n3. which have no significant importance
\nconsidering the planned expenses according
\nto the Federal Finance Act.
\n(5) Exceeding of expenses based on the provisions
\nof this article shall only be allowed if covering is
\nguaranteed by savings or additional income.
\n(6) During a state of defense, unrefusable,
\nunbudgeted or expenses higher than planned that
\nare for the purposes of national defense shall be
\nmet, in one fiscal year to the extent of a maximum
\nof 10 of 100 of the total amount of expenses as
\nprovided by the Federal Finance Act in accordance
\nwith the National Assembly committee responsible
\nfor the preliminary discussion of the Federal
\nFinance Act. In the event that savings or additional
\nincome cannot guarantee the covering of these
\nexpenses, the State Secretary of Finance shall be
\nauthorized by order of the federal government to
\nprovide for the necessary covering.
\nArticle 51 c. (1) The National Assembly participates in
\nthe budgeting according to Article 51 b and paragraph 2
\nvia the National Assembly committee responsible for the
\npreliminary discussion of the Federal Finance Act. It can
\n1986 7<\/p>\n
assign duties to a standing sub-committee, which
\ncontributes to the budget management, in case the
\npresident according to Article 29 paragraph 1 dissolves
\nthe National Assembly. The National Assembly
\ncommittee responsible for the preliminary discussion of
\nthe Federal Finance Act or its standing sub-committee
\nshall be summoned outside sessions of the National
\nAssembly (Article 28), in case of necessity. Further
\nprovisions are regulated by the federal law on the rules
\nof procedure of the National Assembly.
\n(2) The Secretary of Finance shall inform the
\ncommittee of the National Assembly described in
\nparagraph 1 about actions every three months.
\nFurther reports shall be submitted to this
\ncommittee according to special federal
\nregulations.\u201d
\n5. Article 55 paragraph 2 first sentence shall read as follows:
\n\u201cThe main committee elects a standing sub-committee,
\nwhich has the authority described in this law.\u201d
\n6. The last sentence of Article 121 paragraph 2 shall be
\ndeleted.
\n7. Article 71 shall read as follows:
\n\u201cArticle 71. In case the federal government has resigned,
\nthe president assigns a member of the resigned federal
\ngovernment to continue with the administration and to
\nentrust one of those with the chair of the provisional
\ngovernment. A federal state secretary attached to a
\nformer federal secretary or a senior public official of the
\nrespective federal department can be entrusted to
\ncontinue with the administration. This provision applies
\nanalogously in case individual members of the federal
\ngovernment have resigned. The person assigned to
\ncontinue with the administration holds the same
\nresponsibility as a federal secretary (Article 76).\u201d
\n1986 8<\/p>\n
8. Article 73 shall read as follows:
\n\u201cArticle 73. In case a federal secretary is temporarily
\nunavailable the president assigns a federal secretary, a
\nstate secretary attached to the unavailable federal
\nsecretary or a senior public official of the respective
\nfederal department as a substitute. This substitute holds
\nthe same responsibility as a federal minister (Article
\n76).\u201d
\n9. Article 122 paragraph 4 shall read as follows:
\n\u201c(4) The president and the vice-president of the Court of
\nAudit are elected on a proposal of the main committee
\nof the National Assembly for a 12 year term; a reelection
\nis not permitted. They have their inauguration
\nbefore assuming their office.\u201d
\n10. Article 123 a paragraph 1 shall read as follows:
\n\u201c(1) The president and the vice president of the Court of
\nAudit are allowed to participate in the discussions in the
\nNational Assembly and in its Committees (subcommittees)
\nabout the reports of the Court of Audit,
\nabout the federal financial statement, about motions
\nconcerning the implementation of special acts of
\ntransaction control by the Court of Audit and about
\nchapters of the draft of Federal Finance Act concerning
\nthe Court of Audit.\u201d
\n11. Article 126 d paragraph 1 shall read as follows:
\n\u201c(1) The Court of Audit reports to the National Assembly
\nabout its actions in the preceding year at the latest
\nbefore December 31 of every year. Additionally the
\nCourt of Audit can report upon request to the National
\nAssembly at any time about individual matters. The
\nCourt of Audit has to report simultaneously to the
\nNational Assembly and the Federal Chancellor. The
\n1986 9<\/p>\n
reports for the National Assembly have to be published
\nafter submission.\u201d
\n12. Article 148 d shall read as follows:
\n\u201cArticle 148 d. The ombudsman board has to report to
\nthe National Assembly about its activities annually. The
\nmembers of the ombudsman board have the right to
\nparticipate in discussion with the National Assembly and
\nits committees (sub-committees) about the reports of
\nthe ombudsman board and the chapters of the draft of
\nthe Federal Finance Act and to be heard on demand.
\nFederal law on the standing orders of the National
\nAssembly stipulates further details.\u201d
\nArticle II. The time already in office of the president or vicepresident
\nof the Court of Audit holding office at time of
\nimplementation of this federal constitutional law before July 1,
\n1986 has to be included into the total term according to Article 122
\nparagraph 4 B-VG.
\nArticle III. (1) Article I Z 5, 7 to 12, and Article II of this federal
\nconstitutional law shall become effective as of July 1, 1986.
\nAmendments of the federal law about the standing orders of the
\nNational Assembly in terms of these regulations can be issued
\nbefore this date, but will become effective at the earliest on this
\ndate.
\n(2) Other provisions of this federal constitutional law shall
\nbecome effective as of January 1, 1987. Federal legislative
\nprovisions can be issued before this date, but will become
\neffective at the earliest on this date.
\nArticle IV. The federal government is responsible for the
\nimplementation of this federal constitutional law, unless otherwise
\nstipulated.
\nKirchschl\u00e4ger
\nSinowatz
\n1987 AMENDMENTS TO AUSTRIA\u2019S CONSTITUTION OF
\n1945
\nMAY 15 AND DECEMBER 15, 1987
\n385. Federal constitutional law of May 15, 1987, amending the
\nfederal constitutional law of 1929.
\nThe National Assembly has decided:
\nArticle I. The federal constitution law of 1929, amended last by the
\nfederal constitutional law BGBI No. 490\/1984, shall be amended as
\nfollows:
\n1. Article 20 paragraph 3 first sentence shall read as follows:
\n\u201c(3) All bodies responsible for duties of federal, state or
\nmunicipality administration and all public bodies and
\nlegally not stipulated otherwise, have the obligation to
\nmaintain confidentiality about all matters in the context
\nof their official duties. This confidentiality is necessary
\nfor maintaining public peace, order and security, for
\nthorough national defense, for international relations, in
\nthe economic interest of a public body, and for the
\npreparation of decisions or in the overwhelming interest
\nof the parties (official secrecy).\u201d
\n2. Article 20 paragraph 4 is appended:
\n\u201c(4) All bodies responsible for duties of federal, state or
\nmunicipality administration and all public bodies have
\nthe obligation to inform about matters within their
\nsphere of action, as far as the obligation of
\nconfidentiality does not interfere; professional
\nrepresentative associations are obliged to provide
\ninformation only to their respective members and this
\ninsofar as it does not hinder their legal duties. Further
\n1987 2<\/p>\n
regulations concerning federal agencies as well as
\nregulated by federal legislation self-administration of
\nlegislation and implementation are federal
\nresponsibility, concerning state agencies and
\nmunicipalities and legislation for self-administration are
\nconcerning legislation federal responsibility, concerning
\nimplementation and enforcement state responsibility.\u201d
\nArticle II. (1) This federal constitutional law shall become effective
\nas of January 1, 1988.
\n(2) The federal government is responsible for the
\nimplementation of this federal constitutional law.
\nWaldheim
\nVranitzky
\n640. Federal constitutional law of December 15, 1987,
\namending the federal constitutional law of 1929 concerning the
\ncompetence of public housing.
\nThe National Assembly has decided:
\nArticle I. The federal constitution law of 1929, amended last by the
\nfederal constitutional law BGBI No. 285\/1987, shall be amended as
\nfollows:
\nArticle 11 paragraph 1, sentence 3 shall read as follows:
\n\u201c(3) Public housing with exception of funding of housing
\nconstruction and housing renovation\u201d
\nArticle II. (1) The following provisions apply in federal states as
\nfederal state laws:
\n1987 3<\/p>\n
1. \u00a7\u00a7 1 to 4, 6, 10 paragraph 5,. \u00a7\u00a7 11, 16 to 19, 20
\nparagraph 1, \u00a7 21 paragraph 1 and 2, \u00a7\u00a7 22 and 23, \u00a7\u00a7
\n25, 26, 29 to 41, 43, 44 paragraph 2 and 4, \u00a7\u00a7 45, 47,
\n51, 55 and 60 paragraph 8, with exception of the
\nsecond half sentence and as far this paragraph does not
\nconcern provisions, which regulate matters of state
\nlegislation after this federal constitutional law becomes
\neffective and \u00a7 60 Paragraph 9 of the law on funding of
\npublic housing 1984, BGBI. No. 482, as federal law BGB1
\nNo. 340\/1987.
\n2. those provisions of the law on funding of public
\nhousing 1968, BGBI No. 280\/1967, last amended by
\nfederal law BGBI. No. 320\/1982, which are according to
\n\u00a7 60 Paragraph 8 of the law on funding of public
\nhousing 1984 still valid, with exception of \u00a7 11
\nParagraph 4 sentence 2-4, of \u00a7 14 of \u00a7 19 Paragraph 2 –
\n8, of \u00a7\u00a7 20 to 22, of \u00a7 26, of \u00a7\u00a7 29-31, of \u00a7 32
\nParagraph 1-6 and 8, and of \u00a7 35.
\n3. \u00a7\u00a7 1-3, 9-16, 18, 21-23, 35, 36, Paragraph 4, \u00a7\u00a7 37
\nand 48 Paragraph 2 and 3 of the law on housing
\nrenovation, BGB1. No. 483\/1984, as federal law BGBI.
\nNo. 559\/1985, the last two paragraphs only for nonfederal
\ncompetences also after this law becomes
\neffective.
\n4. provision of the housing improvement law, BGBI. No.
\n426\/1969, last amended by federal law BGBI. No
\n641\/1982, still effective based on \u00a7 48 Paragraph 2 of
\nthe housing improvement law, with exception of \u00a7 6,
\nParagraph 6, of \u00a7 6 b Paragraph 1 to 5 and of \u00a7\u00a7 8, 11,
\n14, and 15;
\n5. provision of the federal law on funding of
\npreservation and improvement of houses and urban
\nrenewal, BGBI, No 164\/1982, still effective based on \u00a7
\n48 Paragraph 3 of the housing improvement law, with
\nexception of \u00a7 8;
\n1987 4<\/p>\n
6. \u00a7\u00a7 1 to 4, 5 Paragraph 1, first and second sentence
\nand Paragraph 3, \u00a7\u00a7 6,7,8 Paragraph 1 to 5 and \u00a7\u00a7 9,
\n12, 14 of the law on first homes, BBGI. No. 264\/1982, as
\nfederal law BGBI. No 483\/1984.
\n(2) In cases of provisions, which are according to Paragraph 1
\nstate law and have the federal minister of housing and
\ntechnique or of the federal housing and settlement fund, they
\nare replaced by the state government.
\n(3) Following provision expire:
\n1. \u00a7 52 Paragraph 2 of the law on public housing funds
\n1984
\n2. \u00a7 26 Paragraph 2 of the law on public housing funds
\n1968
\n3. \u00a7 41 Paragraph 2 of the housing renovation law
\n4. \u00a7 8 Paragraph 2 of the housing improvement law
\n5. \u00a7 33 Paragraph 1 and 2, \u00a7 34 and \u00a7 35 Paragraph 1 of
\nthe law on urban renewal BGBI 287\/1974, last amended
\nby federal law BGBI 340\/1987.
\n6. \u00a7 6 of the federal law on funding of preservation and
\nimprovement of houses and urban renewal BGBI
\n164\/1982
\n(4) Cases which had the assent of funding based on the law of
\nurban renewal or the first home program before January 1,
\n1988, will be supervised according to the prevailing legal
\nsituation on December 31, 1987 by the fund for housing
\nreconstruction and urban renewal and the federal fund of
\nhousing and settlement. Applications, which were not
\nprocessed, shall be according to the first home law, handed to
\nthe responsible state, based on the location of the building.
\n1987 5<\/p>\n
Article III. (1) This federal constitutional law shall become effective
\nas of January 1, 1988.
\n(2) The federal government is responsible for the
\nimplementation of this federal constitutional law.
\nWaldheim
\nVranitzky
\n1988 AMENDMENTS TO AUSTRIA\u2019S CONSTITUTION OF
\n1945
\nJUNE 23 AND NOVEMBER 29, 1988
\n341. The Federal Constitutional Law of 1929 shall be amended
\nby the federal constitutional law of June 23, 1988.
\nThe National Council has decided:
\nArticle 1. The federal constitution of 1929, most recently amended
\nby the federal constitutional law, BGBl. No. 640\/1987, shall be
\namended as follows:
\n1. To Article 7, the following paragraph 3 shall be added:
\n\u201c(3) Official designations can be used to express the
\ngender of office holders. The same goes for titles.\u201d
\n2. To Article 26, paragraph 2, the following sentence shall be
\nadded as the second sentence:
\n\u201cThe chairman holds the title \u201cPresident of the
\nBundesrat,\u201d while his deputy holds the title \u201cVice
\nPresident of the Bundesrat.\u201d
\n3. Article 41, paragraph 1 shall read:
\n\u201cBills reach the National Council as proposals by its
\nmembers or the members of the Federal Council as well
\nas submissions of the federal government.\u201d
\n4. Article 79, paragraph 1 shall read:
\n\u201cThe armed forces is responsible for military defense. It
\nis established according to the principles of a \u201cmilitia
\nsystem.\u201d
\n1988 2<\/p>\n
5. The second sentence of Article 140, paragraph 1 shall read:
\n\u201cThe constitutionality of Land laws shall be recognized
\nat the request of the federal government and the
\nconstitutionality of federal laws at the request of a Land
\ngovernment, with one third of the members of the
\nNational Council or one third of the members of the
\nBundesrat.\u201d
\nArticle 2.
\n(1) This federal constitutional law shall enter into force on the
\nfirst of July, 1988.
\n(2) For the implementation of this federal constitutional law,
\nthe federal government is responsible.
\nWaldheim
\nVranitzky
\n684. Federal Constitutional Law of November 29, 1988 on the
\nprotection of personal freedom
\nThe National Council has decided:
\nArticle 1.
\n(1) Everyone has the right to liberty and security (personal
\nfreedom).
\n(2) No person shall be detained or stopped for reasons other
\nthan those specified in this Constitution, federal law, or any
\nreasons other than the procedure prescribed by law.
\n1988 3<\/p>\n
(3) Deprivation of personal freedom may only be provided by
\nlaw if it is necessary as a measure for a purpose; personal
\nfreedom may only be withdrawn as a measure if and when it is
\nnot disproportionate to its purpose.
\n(4) Whomever is arrested or stopped shall be treated with the
\nrespect of human dignity and with the most possible
\nprotection, and may only be subject to such restrictions
\nappropriate to the purpose of detention or maintaining
\nadequate security and order at the place of detention.
\nArticle 2.
\n(1) Personal freedom may be withdrawn from a person in the
\nmanner prescribed by law in the following situations:
\n1. if a person who has committed a punishable offense
\nis punished with imprisonment;
\n2. if a person with judicial or financial authority is
\nsuspect of certain punishable actions,
\na) for purposes of termination of an attack or for
\nthe immediate establishment of the facts, unless
\nthe suspect is in a close temporal association with
\nthe act and this results in the suspect holding a
\nparticular item,
\nb) in order to prevent the suspect from
\nwithdrawing from the proceedings or interfering
\nwith evidence, or
\nc) to prevent a person suspected of committing a
\npunishable act from commissioning a similar act
\nor executing a similar act;
\n3. for the purpose of bringing a suspect before the
\nappropriate authorities for suspected administrative
\noffenses, when the suspect has been apprehended in the
\n1988 4<\/p>\n
act, unless the arrest is necessary to secure the
\nprosecution or to prevent further similar criminal
\nconduct;
\n4. to comply with a lawful court order or to enforce the
\nfulfillment of an obligation prescribed by law;
\n5. if there is reason to believe that a suspect is a source
\nof danger for the spread of contagious disease, or
\nbecause of mental illness puts themselves or others at
\nrisk;
\n6. for the purpose of necessary education for a minor;
\n7. if necessary to secure a proposed deportation or
\nextradition.
\n(2) No one shall be arrested on the solely because he or she is
\nunable to fulfill a contractual obligation.
\nArticle 3.
\n(1) Only a court shall punish with imprisonment a person who
\nhas committed a punishable action.
\n(2) the imposition of a prison sentence and of custodial
\nsentences by administrative authorities may be provided if the
\nextent of the threatened punishment is not longer than each
\nsix weeks, unless the decision is made by an independent
\nauthority, is not longer than each three months.
\n(3) Should a prison sentence not be imposed by an
\nindependent authority, or a custodial sentence not be
\nimposed by an independent authority, then a challenge to the
\ndecision of such an authority shall be ensured fully and with
\nsuspensory effect.
\nArticle 4.
\n1988 5<\/p>\n
(1) An arrest on the grounds of Article 2 paragraph 1 sentence
\n2 letters b and c is permissible only in execution of a justified
\ncourt order to the person concerned with the arrest, but
\nserved no later than within 24 hours.
\n(2) In cases of imminent danger or in cases of Article 2
\nparagraph 1 sentence 2 letter a, a person may be arrested
\nwithout a warrant. They shall be released as soon as it
\nemerges that there is no reason for their further detention,
\nunless they are without undue delay, no later than the expiry
\nof 48 hours, handed over to the appropriate court.
\n(3) A person handed over to the court shall be heard without
\ndelay by the judge for the cause and conditions of detention.
\n(4) An arrest on the grounds of Article 2 paragraph 1 sentence
\n2 letters b and c because of a suspected punishable offense
\nby a person with financial authority is only allowed if officials
\nin execution of an order of law exercise authorized judicial
\nfunctions.
\n(5) A person arrested on the grounds of Article 2 paragraph 1
\nsentence 3, if the grounds for arrest don\u2019t fall away prior,
\nshall be handed over without delay to the appropriate
\nauthority. The detainee may never be held longer than 24
\nhours.
\n(6) Every detainee shall be at the earliest opportunity, where
\npossible in a language a detainee understands, informed
\nabout the reasons for the arrest and the allegations made
\nagainst him or her. The linguistic minority rights granted by
\nfederal law shall be unaffected by this.
\n(7) Anyone who is arrested has the right to be notified at his
\nrequest without unnecessary delay, and to select a relative
\nand a legal counsel to understand the arrest.
\nArticle 5.
\n1988 6<\/p>\n
(1) Any person with judicial or financial authority arrested on
\nthe grounds of a suspicion of a punishable offense will have
\nthe right to finish the proceedings which have been initiated
\nbecause of an accusation brought against him within a
\nreasonable time, or to be released pending trial.
\n(2) When less severe measures are sufficient, detention may
\nbe refrained from. A person not being held because of a
\nsevere punishable offense in order to prevent him from
\nwithdrawing from the proceedings, is in any case released, if
\nhe submits from a court or by law exercises an authorized
\njudicial function under consideration his weight of his alleged
\noffense, his personal circumstances and his assets, assessed
\nby guarantors; additional, less severe measures to ensure the
\nproceedings are allowed.
\nArticle 6.
\n(1) Anyone who is arrested or detained shall have the right to
\na trial, in which a decision by a court or by another
\nindependent authority is made about the lawfulness of his
\ndetention and in the case of the illegality his release is
\nordered. The decision must be made within one week, unless
\nthe detention has ended earlier.
\n(2) In the case of indefinite detention, it is the necessity at
\nreasonable intervals by a court or other independent authority
\nto check.
\nArticle 7. Anyone who has been illegally arrested or detained shall
\nhave a right to full compensation including the compensation of
\nnon-pecuniary loss.
\nArticle 8.
\n(1) This federal constitutional law shall enter into force on the
\nfirst of January, 1991.
\n(2) Article 8 of the Land Constitution of the 21st of December
\n1867, RGBl. No. 142, about the general rights of citizenship
\n1988 7<\/p>\n
for the realm of the Kingdoms and Lands represented, as well
\nas the Law of the 27th of October, 1862, RGBl. No. 87, for the
\nprotection of personal freedom, including its mention in
\nArticle 149 paragraph 1 B-VG, shall be repealed.
\n(3) The Convention for the Protection of Human Rights and
\nFundamental Freedoms, BGBl. No. 210\/1958, shall remain
\nunaffected.
\n(4) At the time this federal constitutional law becomes
\neffective, pending proceedings which relate to matters
\ngoverned by this federal constitutional law shall be seen
\nthrough to their completion under previous legislation; this
\nalso applies to proceedings before the Administrative and
\nConstitutional Courts.
\n(5) With the implementation of this federal constitutional law,
\nthe federal government is responsible.
\nWaldheim
\nVranitzky
\n685. The Federal Constitutional Law of 1929 shall be amended
\nby the federal constitutional law of November 29, 1988 (Federal
\nConstitution Act Amendment 1988)
\nThe National Council has decided:
\nArticle 1. The federal constitution of 1929, most recently amended
\nby the federal constitutional law, BGBl. No. 341\/1988, shall be
\namended as follows:
\n1. Article 6 shall state:
\n1988 8<\/p>\n
\u201cArticle 6.
\n(1) The Republic of Austria shall consist of one
\nunified citizenship.
\n(2) Each citizen who holds a principle residence in
\na Land, are the citizens of that Land.\u201d
\n2. Article 10 paragraph 1 sentence No. 2 shall state:
\n\u201c2. external affairs, including political and economic
\nrepresentation to foreign countries, particularly the
\nconclusion of treaties, without prejudice to the
\njurisdiction of the Lands under Article 16 paragraph 1;
\nborder demarcation; trade of goods and livestock with
\nforeign countries; customs;\u201d
\n3. Article 10 paragraph 1 No. 12 shall state:
\n\u201c12. Public health with the exception of corpses and
\nfunerals as well as community medical services and
\nrescue services, with regard to medical and nursing
\nhomes only health supervision; measures to avert
\ndangerous stresses on the environment caused by
\nexceeding emissions limits; air pollution, without
\nprejudice to the Lands for heating systems; waste
\nmanagement with regard to hazardous waste, and with
\nregard to other waste products if a need for enactment
\nof uniform regulations is seen to exist; animal health;
\nnutrition, including food control;\u201d
\n4. Article 11 paragraph 1 No. 1 shall state:
\n\u201c1. Citizenship;\u201d
\n5. Article 11 paragraph 1 No. 2 shall state:
\n\u201c2. Professional associations in so far as not covered by
\nArticle 10, with the exception of those on agricultural
\nand forestry areas and in the mining industry or ship
\n1988 9<\/p>\n
captains and what falls under the autonomous sphere of
\nthe Lands\u2019 physical education systems;\u201d
\n6. Article 11 paragraph 5 shall be added:
\n\u201c(5) If there is a need for the enactment of uniform rules,
\na federal law for uniform emission limits for air
\npollutants can be determined. They must not exceed
\neach area\u2019s federal and Land regulations.\u201d
\n7. Article 16 shall state:
\n\u201cArticle 16.
\n(1) The Lands can, in matters falling within their
\nown autonomous domains, enter into contracts
\nwith Austria\u2019s neighboring states or its constituent
\nLands.
\n(2) The governor must inform the federal
\ngovernment before entering into negotiations
\nabout such a treaty. Before its completion the
\ngovernor must receive the approval of the federal
\ngovernment. Approval is deemed granted if the
\nfederal government has not told the governor that
\nhis request has been denied within eight weeks
\nfrom the day that the request for approval was
\nsubmitted to the Chancellor\u2019s office. The
\nauthorization to conduct negotiations and
\nconclude a treaty is incumbent upon the federal
\npresident on request of the Land government with
\nthe countersignature of the governor.
\n(3) At the request of the federal government, Land
\ncontracts pursuant to paragraph 1 shall be
\nterminated by the Land. If a Land does not fulfill
\nthis obligation in a timely manner, jurisdiction
\ntransfers to the federal government.
\n1988 10<\/p>\n
(4) Lands are obliged to take necessary measures
\nin their autonomous sphere of government to
\nimplement Land contracts; if a Land does not fulfill
\nthis obligation in a timely manner, jurisdiction over
\nsuch measures, especially for the enactment of
\nnecessary laws, goes to the federal government. A
\ndetermination taken by the federal government
\nunder this measure, especially one such as a law
\npassed or adopted under such a regulation shall
\ncease to apply as soon as the Land has taken the
\nnecessary measures.
\n(5) As the federal government has in carrying out
\ninternational law treaties the right to monitor, the
\nfederal government also has the similar right in
\nsuch matters that belong to the autonomous
\nsphere of the Lands. The federal government has
\nthe directly opposite rights as compared to the
\nLands, like matters of indirect federal
\nadministration.\u201d
\n8. Article 28 paragraph 5 shall state:
\n\u201c(5) Within a meeting the President of the National
\nCouncil convenes the individual sessions. If a meeting is
\non the Federal Law on rules of the National Council\u2019s
\nestablished number of members, or should the Federal
\nGovernment so demand, the President is obligated to
\ncall a meeting in such a way that the National Council at
\nthe latest meets with the President within five days of
\nreceipt of the request.\u201d
\n9. Article 32 paragraph 2 shall state:
\n\u201c(2) The general public shall be excluded if it is
\nrequested by the chairman or established by Federal Law
\non rules of procedure of the National Council\u2019s
\nestablished number of members and is adopted by the
\nNational Council after removal of the audience.\u201d
\n1988 11<\/p>\n
10. Article 41 paragraph 2 shall state:
\n\u201c(2) Requests (petitions) placed by 100,000 voters or
\none-sixth of voters from three Lands must be submitted
\nby the general election to the National Council for
\nprocessing. The petition must concern a matter to be
\nregulated by federal law and may be requested in the
\nform of a bill.\u201d
\n11. After Article 49a the following shall be inserted as 49b:
\n\u201cArticle 49b.
\n(1) A referendum on a matter of fundamental and
\ngeneral Austrian significance to the regulation of
\nfederal legislative jurisdiction has to take place,
\nunless the National Council so decides on the
\nbasis of a request of its members or the federal
\ngovernment after preliminary discussion in the
\nmain committee. Elections and matters over which
\na court or administrative authority has to decide
\ncannot be the subject of a referendum.
\n(2) An application under paragraph 1 shall include
\na proposal for the referendum based on the posing
\nof questions. These shall either be answered with
\n\u201cyes\u201d or \u201cno\u201d or with two alternative existing
\nproposed solutions.
\n(3) Referenda are carried out under analogous
\napplication of Articles 45 and 46. The election
\nauthority must submit the results of a referendum
\nto the National Council and the federal
\ngovernment.\u201d
\n12. Article 50 paragraph 1 shall state:
\n\u201cPolitical treaties, others only if their content changes
\nlaws or supplements laws and do not fall under Article
\n16 paragraph 1, shall be completed only with the
\n1988 12<\/p>\n
permission of the National Council. As far as such
\ntreaties settle matters of the autonomous spheres of the
\nLands, the approval of the Bundesrat is required.\u201d
\n13. The last sentence of Article 65, paragraph 1 shall state:
\n\u201cIt may arrange on the occasion of the end of a treaty
\nnot falling under Article 50 or a treaty pursuant to
\nArticle 16 paragraph 1, which makes neither legal
\nchanges nor legal supplements, that this treaty by
\nenactment is to comply with regulations.\u201d
\n14. Article 66 paragraph 2 shall state:
\n\u201c(2) The federal president can authorize the federal
\ngovernment or appropriate members of the federal
\ngovernment to complete certain categories of treaties,
\nwhich fall under neither article 16 paragraph 1 nor
\nunder article 50; such authority extends to the power to
\norder that these Land treaties shall comply with
\nregulations.\u201d
\n15. To Article 66, paragraph 3 shall be added as follows:
\n\u201c(3) The federal president can at the end of government
\ncontracts, according to article 16 paragraph one, for
\nthose that are neither law-amending or lawsupplementing,
\nauthorize the Land government\u2019s
\nproposals made by a Land government and with the
\ncountersignature of the governor; such authorization
\nextends to the power to order that this contract is to
\nmet through the enactment of regulations.\u201d
\n16. Article 73 paragraph 2 states:
\n\u201c(2) For a decision by the National Council, with which
\nconfidence shall be denied, the presence of half the
\nmembers for the National Council is required. Yet, if it is
\nrequired by federal law\u2019s rules of civil procedure, the
\nvote shall be postponed to the second coming business
\n1988 13<\/p>\n
day. A recent postponement of a vote can only take
\nplace by a resolution of the National Council.\u201d
\n17. Article 78 paragraph 3 states:
\n\u201c(3) The Federal Minister may appoint the Secretary of
\nState with his consent to the procurement of certain
\nduties. The Secretary of State is subordinate to the
\nFederal Minister for carrying out these tasks and is also
\nbound to his orders.\u201d
\n18. Article 95 paragraph 1 states:
\n\u201c(1) The legislation of the Lands is pursued through the
\nLand legislatures, whose members are elected on the
\nbasis of equal, direct, confidential and personal suffrage
\nof all eligible, according to state election regulations,
\nmale and female citizens of the country. By Land law,
\nthe detailed provisions about the electoral process and
\npossible electoral duty shall be made. In this Land law
\nthe particular reasons are established which excuse
\nnon-participation in the election in spite of applicable
\nelectoral duty; they should no longer be pulled from the
\nElectoral Code of the National Council.\u201d
\n19. To Article 115, paragraph 3 shall be added as follows:
\n\u201c(3) The Austrian Association of Municipalities and the
\nAustrian Association of Cities are appointed to represent
\nthe interests of their communities.\u201d
\n20. To Article 121, paragraph 4 shall be added as follows:
\n\u201c(4) The audit court has, through enterprises and
\ninstitutions, which are subject to its control and for
\nwhich it has a reporting obligation to the National
\nCouncil, every two years the average income including
\nall social and material benefits as well as additional
\nbenefits for pensions of members of the board and of
\nthe supervisory board and all employees through
\n1988 14<\/p>\n
gathering of information from these companies and
\ninstitutions and its reporting to the National Council. In
\nthis context, the average income of these persons is for
\neach company and each institution to be shown
\nseparately.\u201d
\n21. To article 124, paragraph 3 shall be added as follows:
\n\u201c(3) The President may delegate certain duties to the
\nVice President with his consent; the Vice President is in
\nthis context subordinate to the President and bound by
\nhis orders.\u201d
\n22. Article 127 paragraphs 5 through 7 state:
\n\u201c(5) The court of auditors makes its reports known to
\nthe relevant Land government. The Land government
\nhas to take on this position and must share with the
\ncourt of auditors measures taken because of the reports
\nwithin three months.\u201d
\n\u201c(6) The court of auditors reports to the Land parliament
\non its activities of the previous year which concern the
\nrelevant Land, at the latest by the report of 31 December
\nof each year. Furthermore, the court may at any time
\nreport on specific observations to the state parliament.
\nThe court reports shares each report simultaneously
\nwith the submission to the Land parliament and the
\nLand government as well as the federal government. The
\nreports of the court are published after submission to
\nthe Land parliament.\u201d
\n\u201c(7) The court of auditors must, by order of the Land
\nparliament or by request through a Land constitutional
\nlaw, determined by a particular number of members of a
\nLand parliament not to exceed one-third, carry out
\nreviews of accounts falling in their domain. As long as
\nthe court, in response to such a request, has not
\nprovided the Land parliament with a report, another
\nrequest of this sort may not be made. Likewise, the
\n1988 15<\/p>\n
court of auditors must, on substantiated request, carry
\nout such account reports and communicate the results
\nto the requesting authority.\u201d
\n23. Article 127a paragraph 5 and 6 state:
\n\u201c(5) The court of auditors discloses the results of its
\nreview to the mayor. The mayor must assume this
\nposition and report to the court measures taken
\npursuant to the review results within three months. The
\ncourt of auditors discloses the results of its financial
\nreview, including possibly remarks of the mayor, to the
\nLand government and the federal government.\u201d
\n\u201c(6) The court of auditors reports to the council on its
\nactivities of the previous year, as far as it relates to the
\ncommunity concerned, at latest in the reports of
\nDecember 31. The court discloses each report with
\nsimultaneous submission to the council and Land
\ngovernment, as well as the federal government. The
\nreports of the court of auditors shall be published after
\nsubmission to the council.\u201d
\n24. The title \u201cA. Administrative Court\u201d before article 129 shall
\nbe stricken.
\n25. Article 129 states:
\n\u201cArticle 129. To ensure the legitimacy of the entire
\npublic administration, the independent administrative
\ntribunals in the Lands and the administrative court in
\nVienna are appointed.\u201d
\n26. After Article 129 the following provisions shall be
\ninserted:
\n\u201cA. Independent Administrative Tribunals in the Lands
\nArticle 129a.
\n1988 16<\/p>\n
(1) The independent administrative tribunals
\nrecognize, after exhaustion of the administrative
\nstages of appeal, were such to come into
\nconsideration:
\n1. in proceedings regarding administrative
\nviolations, except in criminal financial cases
\nof the federal government,
\n2. regarding complaints from persons
\nclaiming to have had their rights violated by
\nthe direct practices of administrative
\nauthorities\u2019 command and coercive power,
\nexcept in criminal financial cases of the
\nfederal government,
\n3. in other matters assigned to them by the
\nvarious areas of the administration\u2019s
\nregulating federal or state laws,
\n4. about complaints of violations of the
\ndecision in matters of Z 1 where private
\nproperty or Land statutory criminal charges
\nare concerned, and Z 3.
\n(2) It can be prescribed by law that the decisions
\nmay be challenged in the first instance by the
\nindependent administrative panel. In matters of
\nthe indirect federal administration such as in
\nArticles 11 and 12, such federal legislation may
\nonly with the consent of participating Lands be
\npromulgated.
\n(3) Article 89 shall apply mutatis mutandis to the
\nindependent administrative tribunals.
\nArticle 129 b.
\n(1) The independent administrative tribunals
\nconsist of a Chairman, Deputy Chairman, and the
\n1988 17<\/p>\n
required number of other members. Its members
\nare appointed by the Land government for at least
\nsix years. At least one fourth of the members shall
\nbe taken from professional positions from the
\nfederal government.
\n(2) The members of the independent
\nadministrative tribunals are in care of their
\nrespective roles bound by any mandatory
\ndirectives in accordance with Articles 129 a and
\n129 b. The affairs are for the members of the
\nindependent administrative tribunals of the state
\nLand law to distribute a certain time in advance;
\none with the classification of member of an
\nindependent administrative tribunal may only in
\ncase of hindrance be removed by order of the
\nchairman.
\n(3) Before the end of the appointment period, the
\nmembers of the independent administrative
\ntribunals may only be removed in cases specified
\nby law and only by decision of the independent
\nadministrative tribunal of their office.
\n(4) Members of the independent administrative
\ntribunals must be legally qualified. They are not
\nallowed for the duration of their office to conduct
\nactivities that could give rise to doubts about the
\nindependent exercise of their functions.
\n(5) Following the proceedings before the
\nindependent administrative tribunals federal
\nlegislation decide these authorities by several or
\nby individual members.
\n(6) The organization of the independent
\nadministrative tribunals and the legal service of its
\nmembers are regulated through Land law, its
\nprocedures by federal law.\u201d
\n1988 18<\/p>\n
27. Before Article 130 the following heading shall be inserted:
\n\u201cB. Administrative Court\u201d
\n28. Article 130, paragraph 1 states:
\n\u201c(1) The Administrative Court recognizes grievances, in
\nwhich
\na) unlawfulness of decisions of administrative
\nauthorities including the independent
\nadministrative tribunals or
\nb) breach of the duty of the administrative
\nauthorities, including the independent
\nadministrative tribunals
\nare claimed. The administrative court also recognizes
\nappeals against orders pursuant to Article 81, paragraph
\n4.\u201d
\n29. The following is added to Article 121, paragraph 3:
\n\u201c(3) The administrative court may refuse to deal with a
\ncomplaint against a decision of an independent
\nadministrative tribunal in an administrative criminal case
\nif only a small fine was imposed and the decision does
\nnot depend on the solution to a question of law, and if
\nfor the fundamental issue, particularly because the
\nindependent administrative panel deviates from the
\njurisdiction of the administrative court, such jurisdiction
\nis lacking or is not the point of law to be resolved by the
\nprevious decisions of the administrative court.\u201d
\n30. Article 131 a is repealed.
\n31. Article 132 states:
\n\u201cArticle 132. Complaints about breach of duty by
\nadministrative authorities including the decision of the
\n1988 19<\/p>\n
independent administrative tribunals can raise the
\nperson in the administrative proceedings to a party
\nentitled to assert the enforcement of decisions taken. In
\nadministrative penal cases a complaint about violation
\nof the decisions taken is not permissible; this does not
\napply to private prosecution for financial and criminal
\ncases.\u201d
\n32. The title of Article 137 reads:
\n\u201cC. Constitutional Court\u201d
\n33. Article 139 paragraph 1, first sentence states:
\n\u201cThe constitutional court acknowledges illegality of
\nordinances by federal or Land authorities at the request
\nof a court or an independent administrative tribunal,
\nprovided however that the constitutional court would
\nhave to apply such an ordinance in a pending case ex
\nofficio.\u201d
\n34. Article 140 paragraph 1, first sentence states:
\n\u201cThe constitutional court acknowledges the illegality of
\nordinances by a federal or Land authority at the request
\nof the administrative court, of the highest court, in the
\nsecond instance of the appointed court, or an
\nindependent administrative panel, provided however
\nthat the constitutional court would have to apply such
\nan ordinance in a pending case ex officio.\u201d
\n35. Article 140 a states:
\n\u201cArticle 140 a.
\n(1) The constitutional court acknowledges the
\nillegality of State treaties. This applies to approval
\nof the National Council in accordance with Article
\n50 state treaty and the amendment or
\nsupplementation of state treaties pursuant to
\n1988 20<\/p>\n
article 16 paragraph one of article 140; all other
\nstate treaties of Article 139 apply with the
\nprovision that state treaty, whose illegality or
\nunconstitutionality the constitutional court
\ndetermines, from the date of promulgation their
\nenforcement by appointed bodies does not apply if
\nthe constitutional court has not determined a time
\nlimit within which such a treaty is to continue to
\napply. This period may not exceed the cases
\nspecified in Article 50 state treaties and by the
\nstate treaties pursuant to Article 16 paragraph 1,
\nthe amendments or supplements may not exceed
\ntwo years, while all other state treaties may not
\nexceed one year.
\n(2) Should the constitutional court establish the
\nillegality or unconstitutionality of a state contract
\nwhich is to be implemented through enactment of
\nlaws or regulations, the ability of the decision or
\narrangement of the contract to comply with
\nregulation shall expire.\u201d
\n36. Article 141 paragraph 2 states:
\n\u201c(2) If an appeal is granted pursuant to paragraph 1
\nletter a, and thereby the partial or complete revision of
\nthe election to a general representative body or to a
\nstatute-making body of the legal professional
\nrepresentatives is required, the affected members of this
\nrepresentative body lose their tenure in the time that
\nthose members\u2019 authority are assumed by others elected
\nin the course of 100 days after the delivery of the repeat
\nelection conducted by the constitutional court.\u201d
\n37. Article 141 paragraph 3, first sentence states:
\n\u201cConditions under which the constitutional court makes
\ndecisions about legal challenges to the outcome of
\nreferenda, plebiscites, or popular votes is regulated by
\nfederal law.\u201d
\n1988 21<\/p>\n
38. Article 144 paragraph 1 states:
\n(1) The constitutional court acknowledges appeals
\nagainst decisions of administrative authorities, including
\nthe independent administrative tribunals, as long as the
\nauthor claims that his constitutional right is injured by
\nthe decision or by the application of an unlawful
\nregulation, unconstitutional law, or unlawful state treaty.
\nThe complaint may only advance to the constitutional
\ncourt after exhaustion of the stages of appeal.\u201d
\n39. In article 144 paragraph 3, the words \u201cor by the exercise
\nof direct administrative authority of command and coercion\u201d
\nshall be repealed.
\n40. In article 148 a the following new paragraph 3 shall be
\ninserted:
\n\u201c(3) The ombudsman is also responsible for participation
\nin the execution of petitions addressed to the National
\nand citizens\u2019 initiatives. More details are determined by
\nFederal law on the rules of procedure of Parliament.\u201d
\n41. Article 148 a paragraph 3 shall be referred to as
\nparagraph 4.
\n42. Article 148 c states:
\n\u201cArticle 148 c. The ombudsman may share
\nrecommendations of what measures to take with the
\nuppermost administrative duties of the federal
\nauthorities in a particular case or on the occasion of a
\nparticular case. In matters of self-administration or
\nadministration by autonomous authority, the
\nombudsman may make recommendations to the
\nrelevant organ of self-government or to the independent
\npublic authority; such recommendations are also to be
\ntaken note of by the highest administrative organ of the
\nBund. The institution concerned shall comply with
\n1988 22<\/p>\n
federal law within a specified period either with these
\nrecommendations and with a report to the ombudsman
\nor with an explanation in writing about why the
\nrecommendation was not complied with.\u201d
\nArticle 2. To Article II \u00a7 5 of the Federal Constitutional Law of
\nDecember 7, 1929, Gazette No. 393, concerning transition
\nprovisions for the second amendment to the federal constitution,
\nlast amended by Article II of the Federal Constitutional Law Gazette
\nNo. 490\/1984, the following paragraph 4 is added:
\n\u201cMembers of a community body of surveillance may, at
\nrequest by the appropriate authority of the general state
\nadministration, be authorized to handle the administrative
\npenal law to the extent and under the same conditions of
\nother bodies of public security services, but the authority is
\nconfined to administrative offenses in matters which by law
\nfall in the jurisdiction of the community.\u201d
\nArticle 3.
\n(1) \u00a7 1 of the Citizenship Act 1985, Gazette No. 311, is
\nrepealed.
\n(2) A subdivision of citizenship in federal- and Landcitizenship
\nmaintained by Article 6 of the federal constitution,
\nas amended by proclamation gazette No. 1\/1930, defined
\nobjectives remain reserved as special legal regulation of the
\nfederal constitution.
\nArticle 4. Regulations concerning profit-directed activities, in
\nconnection with collections for charity or charitable purposes
\nsubject to administrative authorities\u2019 limitations, are in legislation
\nand execution a matter of the Lands.
\nArticle 5.
\n1. In \u00a7 15 of the Authorities-Transition Act, StGBl. No.
\n94\/1945, as amended by the BGBl. Nr. 142\/1946, the
\nfollowing paragraphs 4 and 5 shall be added:
\n1988 23<\/p>\n
\u201c(4) At the head of any security agency is a safety
\ndirector. In Vienna, the president of police is also
\nsecurity director. Before appointing the security director,
\nin Vienna the president of police, it is the Land
\ngovernment of the concerned Lands\u2019 opportunity to
\nmake a statement.
\n(5)The Federal Minister of Interior Affairs communicates
\nto the security director enduring, important instructions
\nof national policy, as well as to the governor of the
\nLand.\u201d
\n2. Paragraph 1 and the designation \u201c(2)\u201d in \u00a7 of the Order of
\nthe Federal Ministry of Interior Affairs, BGBl. Nr. 74\/1946,
\nconcerning the establishment and scope of the security
\ndirectorates, are repealed.
\nArticle 6. The jurisdiction of the Lands to regulate the professional
\nagencies in the field of mountain guiding and ski leading as well as
\nthe self-employed in the sphere of the Lands\u2019 sport-education
\nsystem without prejudice to \u00a7 1 of the Commerce act, BGBl. No.
\n182\/1946, as amended by BGBl. No. 183\/1954 also \u00a7 5 of the
\nLabor Act, BGBl. No. 105\/1954, as amended by BGBl. No.
\n202\/1982.
\nArticle 7.
\n(1) Lands are also entitled to make the regulations of
\nnecessary provisions of residential construction and
\nresidential development in the field of civil law \u2013 with the
\nexception of those on the dissolution of tenancies.
\n(2) The following provisions apply in each Land as Land law:
\n1. The Housing Requirement Act of 1984, BGBl. No. 482,
\nlast amended by BGBl. No. 373\/1988, with the exception
\nof \u00a7\u00a7 12 through 15, \u00a7 21 paragraph 3, \u00a7 28, \u00a7 48, \u00a7 49
\nparagraph 4, last sentence, \u00a7 50, \u00a7 52 paragraph 1, \u00a7
\n53, \u00a7\u00a7 56 through 59, \u00a7 60 paragraph 1 insofar as it
\n1988 24<\/p>\n
continues to apply to Federal law, and paragraphs 2
\nthrough 7, \u00a7 60 paragraph 8, insofar as it relates to
\nfederal law\u2019s remaining provisions of the WFG 1984, and
\n\u00a7 61;
\n2. the Housing Requirement Act of 1968, BGBl. No.
\n280\/1967, last amended by BGBl. No. 640\/1987, insofar
\nas \u00a7 60 paragraph 8 Housing Requirement Act 1984 still
\nis in force, with the exception of \u00a7 20, \u00a7 22 paragraph 2
\nsecond and third sentence, \u00a7 26 paragraph 1, \u00a7 31, \u00a7 32
\nparagraph 6 and 8 and \u00a7 35;
\n3. the Housing Rehabilitation Act, BGBl. No. 483\/1984,
\nlast amended by BGB. No. 640\/1987, with the exception
\nof \u00a7\u00a7 20, 40, 41 paragraph 1 and \u00a7 42;
\n4. the Housing Improvement Act, Federal Law Gazette
\nNo. 426\/1969, most recently amended by the Federal
\nConstitutional Law Gazette No. 640\/1987, insofar as \u00a7
\n48 paragraph 2 of the Housing Rehabilitation Act is still
\nin force, with the exception of \u00a76 paragraph6, \u00a76b
\nparagraph 4, \u00a7 8, paragraph 1 and \u00a7\u00a7 14 and 15;
\n5. the Housing Improvement Act, BGBl. No. 526\/1969,
\nlast amended by BGBl No. 640\/1987, with the exception
\nof \u00a7 5 paragraph 1, last sentence, and paragraph 4, \u00a7 8
\nparagraph 6, \u00a7 11 and \u00a7 13.
\n(3) Unless provisions, considered Land legislation in
\naccordance with paragraph 2, are a jurisdiction of the federal
\nminister for construction and technology (federal minister for
\neconomic affairs), the federal housing and settlement funds,
\nand the governor provide, the Land government shall have
\njurisdiction. Regulations adopted on the basis of these
\nprovisions apply as regulations of the Land government.
\nArticle 8. For a Land\u2019s legislation regarding air pollution, if not
\nrelated to heating systems, as well as a Land\u2019s legislation regarding
\nwaste management, as it relates to hazardous waste, federal law
\nshall apply to the Land in which they are adopted.
\n1988 25<\/p>\n
Article 9.
\n(1) To carry out Article I Z 24 to 34, 38 and 39 of this federal
\nconstitutional law necessary legislation may be adopted
\nbefore January 1, 1991, they can, however, at the earliest be
\nenacted on January 1, 1991. All other measures necessary for
\nthe independent administrative tribunals to perform their
\nduties may be enacted before January 1, 1991.
\n(2) On January 1, 1991, pending cases which relate to matters
\ngoverned by this federal constitutional law are to seen
\nthrough to their end according to the previous law; this rule
\nalso applies to proceedings before the administrative court
\nand the constitutional court.
\nArticle 10.
\n(1) This federal constitutional law shall, with respect to
\n1. Article I sections 24 bis 34, 38 and 39 on January 1,
\n1991
\n2. Article I sections 10, 11, and 37 with July 1, 1989
\n3. Article I sections 20 to 23 on January 1, 1990
\n4. other remaining provisions on January 1, 1989
\ncome into force.
\n(2) With the enforcement of this federal constitutional law, the
\nfederal government is responsible.
\nWaldheim
\nVranitiky
\n1990 AMENDMENT TO AUSTRIA\u2019S CONSTITUTION OF
\n1945
\nJULY 5, 1990
\n445. Constitutional law from July 5, 1990, with which the
\nConstitution as amended in 1929 is hereby amended
\nThe National Council has decided:
\nArticle 1. The Constitution as amended in 1929, most recently
\namended by the Constitutional Federal Gazette BGBl. No. 685\/1988,
\nshall be amended as follows:
\n1. Article 10, paragraph 1, No. 6 shall state:
\n\u201c6. Civil matters, including those of economic
\nassociations, as well as the exclusion of regulations
\nwhich transfer property to foreigners, including the legal
\nacquisition through inheritance by persons who don’t
\nbelong to the circle of heirs by law, are subject to
\nadministrative controls; criminal law, excluding
\nadministrative penal law and administrative proceedings
\nin matters that fall within the autonomous sphere of the
\nLands; administration of justice; institutions for the
\nprotection of society against criminal or otherwise
\ndangerous people; administrative justice; copyright;
\njournalism; expropriation, unless concerning matters
\nfalling within the autonomous sphere of the Lands;
\nmatters of notaries, lawyers, and related professions;\u201d
\n2. To article 10, paragraph 1, No. 12, the following shall be
\nadded:
\n\u201cThe regulation of commercial transactions of seeds and
\nplants, animal feed, fertilizers and pesticides, as well as
\n1990 2<\/p>\n
pesticide equipment, including the approval and, at
\nsowing and planting, the certification;\u201d
\n3. In article 102 paragraph 3, after the expression
\n\u201cimmigration police;\u201d the following shall be added:
\n\u201ccommercial transactions of seeds and plants, animal
\nfeed, fertilizers and pesticides, as well as pesticide
\nequipment, including the approval and, at sowing and
\nplanting, the certification;\u201d
\nArticle 2. Regulations of each Land on seed certification shall
\nfurther federal legislation. The responsibilities of the Land
\ngovernment shall be transferred to the Governor.
\nArticle 3.
\n(1) This constitutional law shall enter into force on July 1,
\n1990.
\n(2) The federal government is entrusted with the
\nimplementation of this federal law.
\nWaldheim
\nVranitzky
\n1991 AMENDMENT TO AUSTRIA\u2019S CONSTITUTION OF
\n1945
\nOCTOBER 31, 1991
\n565. Federal constitution law amending the federal
\nconstitutional law of 1929, concerning the provisional
\nregulations about the second federal constitutional amendment
\nand the law on public authority transition, and the federal
\nconstitutional law regulation the area of general administration,
\nis repealed.
\nThe National Assembly has decided:
\nArticle I. The federal constitutional law of 1929, amended last by
\nthe federal constitutional law BGBI No. 445\/1990, shall be amended
\nas follows:
\n1. Article 10 paragraph 1 sentence 7 the first half-sentence
\nshall read as follows:
\n\u201cMaintenance of public peace, order, and security
\nincluding first aid assistance, but with the exception of
\nthe local security police…\u201d
\n2. After Article 52 the following Article 52a is appended:
\n\u201cArticle 52 a. (1) The responsible committees of the
\nNational Assembly each elect a sub-committee to
\ncontrol the measures for the protection of the
\nconstitutional institutions and their capacity to act and
\nof intelligence measures for the protection of the
\nmilitary national defense. A member of every party
\nrepresented in the main committee of the National
\nAssembly is part of the sub-committee.
\n1991 2<\/p>\n
(2) The standing sub-committees are authorized
\nto demand all relevant information and access to
\nrelevant documents. This does not apply for
\ninformation and documents, especially about
\nsources, the publication of which would endanger
\nnational security or the security of humans.
\n(3) Responsible sub-committees may also be
\nsummoned outside of sessions of the National
\nAssembly in case of necessity.
\n(4) Federal law on the standing orders of the
\nNational Assembly stipulates further details.\u201d
\n3. Article 78 is appended:
\n\u201c3. Federal security authorities
\nArticle 78 a. (1) The Federal Minister of the Interior is
\nthe supreme security authority. Security directorates are
\nsubordinate to him, administrative agencies of the
\ndistrict and the federal police directorate as security
\nauthorities are subordinate to them.
\n(2) In the event of danger to life, health, freedom
\nor property or if such a danger is imminent, the
\nsecurity authorities are responsible for general
\nfirst aid until the intervention of the respective
\nresponsible agency, notwithstanding
\nresponsibilities of other agencies for active
\ndefense.
\n(3) To which extent bodies of the municipalities
\nhave to intervene are regulated by federal law.
\nArticle 78 b. (1) Every federal state has a security
\ndirectorate. The head is the director of security. For
\nVienna the federal police directorate is also the security
\ndirectorate; the head of police also director of security.
\n1991 3<\/p>\n
(2) The Federal Minister of the Interior appoints
\nthe director of security in accordance with the
\ngovernor.
\n(3) The Federal Minister of the Interior has to
\ninform the governor about every directive for the
\nsecurity director which is important for state
\npolitics, or for the maintenance of public peace,
\norder and security in the whole country.
\nArticle 78 c. (1) The head of the federal police
\ndirectorate is the director of police; the head of the
\nfederal police directorate for Vienna is the police
\npresident.
\n(2) The federal government establishes the federal
\npolice directorates and determines their local
\nsphere of action.
\nArticle 78 d. (1) Security agencies are armed or
\nuniformed or adhere to other military based practices
\nemployed for police purposes. The following do not
\nbelong to the security agencies: guards securing
\nindividual parts of national culture, agriculture and
\nforestry (fields, meadows, and forestry protection),
\nmining, hunting, fishery or other water rights, market
\nauthority, and the fire department.
\n(2) The municipality is responsible for the new
\nestablishment of a security agency of a
\nmunicipality or the change of its organization; the
\nfederal government has to be informed about it.\u201d
\n4. The previous chapters 3 and 4 of the third main chapter are
\nnow denoted as \u201c4\u201d and \u201c5\u201d.
\n5. In Article 102 paragraph 2 of the federal constitutional law,
\nthe following segment shall be omitted:
\n1991 4<\/p>\n
\u201cfinally under extraordinary conditions there, where on
\nthe day of implementation of this federal constitutional
\nlaw the local area of influence of a federal police agency
\ndoes not overlap with the area of a federal state:\u201d .After
\nthe word \u201csecurity\u201d the following shall be included:
\n\u201cincluding the first general assistance, with the
\nexception of the local security police,\u201d
\n6. Article 102 paragraph 5 sentence 2 shall be omitted.
\n7. Article 102 paragraph 6 and 7 shall be omitted: previous
\nparagraph 8 is now number \u201c6\u201d.
\n8. Article 118 is amended with following paragraph 8:
\n\u201c(8) Members of a security agency of a municipality may
\nbe authorized as the bodies of the public security
\nservice by the responsible institutions of the general
\nstate administration of the federal states, with the
\nassent of the municipality handling administrative penal
\nlaw. This authorization may apply to all matters that are
\nthe responsibility of the bodies of the public security
\nservice for supervision or that are under the
\nmunicipality’s sphere of action.\u201d
\n9. Article 151 shall read as follows:
\n\u201cArticle 151. (1) Article 78 and 118 paragraph 8 as in
\nthe federal constitutional law BGBI. Number 565\/1991
\nshall become effective as of January 1, 1992.
\n(2) Article 10 paragraph 1, sentence 7, 52 a 78 a
\nto 78 c, Article 102 paragraph 2, changes of
\ndenomination of the third main chapter and in
\nArticle 102 as in the federal constitutional law
\nBGBI. Number 565\/1991 shall become effective as
\nof May 1, 1993.
\n1991 5<\/p>\n
(3) Article 102 paragraph 5, second sentence, and
\nparagraph 6 and 7 shall become void after April
\n30, 1993.\u201d
\n10. After Article 151 the following shall be included:
\n\u201cArticle 152. The federal government is responsible for
\nthe implementation of this federal constitutional law.\u201d
\nArticle II. The federal constitutional law concerning the preliminary
\nprovisions of the second amendment of the federal constitutional
\nlaw, BGB1. Number 393\/1929, last amended by the federal
\nconstitutional amendment 1988, BGB1. Number 685, shall be
\namended as follows:
\n1. Article II \u00a7 5 and \u00a7 19 paragraph 2 and 3 shall be omitted.
\n2. After Article VI the following shall be included:
\n\u201cArticle VII. (1) Article II \u00a7 5 shall become void after
\nDecember 31, 1991.
\n(2) Article II \u00a7 4 and \u00a7 19 paragraph 2 and 3 shall
\nbecome void after April 30, 1993.\u201d
\nArticle III. The law about agency transfers StGB1. Number 94\/1945
\nlast amended by the federal constitutional amendment 1988, BGB1.
\nNumber 685 shall be amended as follows:
\n1. \u00a7 15 is omitted.
\n2. After \u00a7 81 the following shall be included:
\n\u201c\u00a7 81 a. \u00a7 15 shall become void after April 30, 1993.\u201d
\nArticle IV. The federal constitutional law, concerning provision in
\nthe field of general administration, BGB1. Number 142\/1946, shall
\nbecome void after April 30, 1993.
\nWaldheim
\n1991 6<\/p>\n
1992 AMENDMENT TO AUSTRIA\u2019S CONSTITUTION OF
\n1945
\nJUNE 5, AUGUST 4 AND DECEMBER 30, 1992
\n276. Constitutional law, with which the Constitution as
\namended in 1929 is hereby amended
\nThe National Council has decided:
\nThe Constitution as amended in 1929, most recently amended by
\nthe Constitutional Federal Gazette BGBl. No. 565\/1991, shall be
\namended as follows:
\nArticle 1.
\n1. Article 10, paragraph 1, No. 6 shall state:
\n\u201c6. Civil matters, including those of economic
\nassociations, as well as the exclusion of regulations
\nwhich transfer property to foreigners and the
\nadministrative regulations of the marketing of buildings
\nor developments on specific plots of land, including the
\nlegal acquisition through inheritance by persons who
\ndon’t belong to the circle of heirs by law, are subject to
\nadministrative controls; criminal law, excluding
\nadministrative penal law and administrative proceedings
\nin matters that fall within the autonomous sphere of the
\nLands; administration of justice; institutions for the
\nprotection of society against criminal or otherwise
\ndangerous people; administrative justice; copyright;
\njournalism; expropriation, unless concerning matters
\nfalling within the autonomous sphere of the Lands;
\nmatters of notaries, lawyers, and related professions;\u201d
\n1992 2<\/p>\n
2. The following paragraphs 4 through 6 shall be added to
\nArticle 10:
\n\u201c(4) The federal government must give to the Lands
\nimmediately, over all projects within the framework of
\nEuropean integration which affect the autonomous
\nsphere of the Lands or which otherwise could be of
\ninterest to them, notification and within a set reasonable
\nperiod determined by the Lands adequate opportunity to
\ncomment. These comments should be directed to the
\nFederal Chancellery. The same goes for the
\ncommunities, as far as their own sphere or other
\nimportant interests of the communities would be
\naffected. The Austrian Cities Association and the
\nAustrian Association of Municipalities are responsible
\nfor the representation of the communities in these
\nmatters (article 115, paragraph 3).
\n(5) Should the Federation be presented in a timely
\nmanner with a uniform opinion of the Lands on a project
\nwithin the framework of European integration, which
\nrelates to matters in which the legislation is a concern of
\nthe Lands, the federal government shall thereby be
\nbound by these opinions to intergovernmental
\nnegotiations and voting. The government may only
\ndeviate from this for foreign policy and integration
\npolicy reasons. The federal government must report
\nthese reasons within eight weeks after publication of the
\nact in question in the matter of European integration.
\n(6) The detailed provisions on the procedure according
\nto paragraphs 4 and 5 are set in an agreement between
\nthe Federation and the Lands (Article 15a).\u201d
\n3. Article 16 paragraph 4 shall state:
\n\u201c(4) The Lands are obliged to take measures that are
\nnecessary in their own sphere to carry out Land
\ncontracts; should a Land not fulfill this obligation on
\n1992 3<\/p>\n
time, so falls, without prejudice to paragraph 6, the
\njurisdiction of such measures, in particular the issuance
\nof necessary laws, to the Federation. Pursuant to this
\nprovision, measures taken by the federal government, in
\nparticular an issue of such a law or such a regulation
\nentered into force, shall cease to have effect once the
\nLand has taken the necessary actions.\u201d
\n4. The following paragraph 6 shall be added to Article 16:
\n\u201c(6) The Lands are obliged to take measures that are
\nnecessary in their own sphere to the implementation of
\nlegal acts within the framework European integration;
\nshould a country not meet this obligation in a timely
\nmanner and should their lack of action be determined by
\na court to be against Austria in the context of European
\nintegration, so falls the jurisdiction of such measures, in
\nparticular the issuance of necessary laws, to the
\nFederation. Pursuant to this provision, Pursuant to this
\nprovision, measures taken by the federal government, in
\nparticular an issue of such a law or such a regulation
\nentered into force, shall cease to have effect once the
\nLand has taken the necessary actions.\u201d
\n5. Article 41 paragraph 1 shall state:
\n\u201c(1) Legislative proposals are submitted to the National
\nCouncil as the requests of its members of the Federal
\nCouncil, or of one third of the members of the Federal
\nCouncil and as bills by the federal government.\u201d
\n6. Article 140 paragraph 5 shall state:
\n\u201c(5) The decision of the Constitutional Court, which
\nrescinds a law as unconstitutional, is obliged to inform
\nthe Chancellor or the responsible governor for
\nimmediate promulgation of the repeal. This applies
\nmutatis mutandis for the case of a pronouncement
\npursuant to paragraph 4. The repeal takes effect on the
\n1992 4<\/p>\n
date of promulgation, unless the Constitutional Court
\ndetermines the termination of. This period may not
\nexceed 18 months.\u201d
\nArticle 2.
\n(1) Land laws relating to administrative controls for the
\nmarketing of built or development of a specific plots of land
\ncan, only after entry into force of an agreement between the
\nFederation and the Lands (Article 15 a) on the establishment
\nof nationally uniform civil law for the Land to regulate matters
\nof land transport, be set in force
\n(2) The applicable Land laws, which transfer property to
\nforeigners or the marketing of agricultural and forestry plots
\nof land in the interest of maintaining, strengthening, or
\ncreating a viable peasantry to administrative controls, are to
\nadapt to the agreement referred to in paragraph 1 within two
\nyears, to adjust thereafter.
\nArticle 3. In matters concerning Land legislatures, in which the
\nmarketing of built or development of specific plots of land are
\nsubject to administrative controls, appeals to the Administrative
\nCourt are allowed.
\nWaldheim
\nVranitzky
\n470. Constitutional law, with which the Constitution as
\namended in 1929 is hereby amended
\nThe National Council has decided:
\n1992 5<\/p>\n
The Constitution as amended in 1929, most recently amended by
\nthe Constitutional Federal Gazette BGBl. No. 276\/1992, shall be
\namended as follows:
\n1. Article 26 shall state:
\n\u201cArticle 26. (1) The National Council shall consist of, on the
\nbasis of equal, direct, secret, and personal suffrage, men and
\nwomen from the nation, who are 18 years of age before the 1st
\nof January of the year of the election, chosen according to the
\nprinciples of proportional representation. Through federal law
\nthe detailed provisions to be taken in the electoral process
\nshall be met.
\n(2) Federal territory shall be divided into constituencies
\ngeographically, whose boundaries may not cross the
\nnation\u2019s borders. These constituencies are to be divided
\ngeographically into regional constituencies. The number
\nof deputies shall be the number of voters of the
\nconstituencies (electoral body) in proportion to the
\nnumber of citizens who, in the results of the last census
\nin each constituency, had their normal residence,
\nincreased by the number of citizens who on counting
\nday in Federal Territory did not have a normal residence
\nbut were registered in a municipality of the respective
\nconstituencies in the electoral register; in the same way
\nthe number of deputies assigned to a constituency will
\nbe distributed among the regional constituencies. The
\nelectoral rules of the National Council shall provide a
\nconclusive investigation throughout the country,
\nthrough which both a balancing of the parties seeking
\nelection in the constituencies assigned and a division of
\nyet unallocated seats according to the principles of
\nproportional representation shall take place.
\n(3) Election day must be on a Sunday or other public
\nholiday. If circumstances arise which prevent the start,
\n1992 6<\/p>\n
the continuation, or the end of the poll, the electoral
\nboard may renew or move the poll to the next day.
\n(4) All men and women are eligible who on the
\nqualifying date are Austrian citizens and have reached
\n19 years of age by the 1st of January of the election year.
\n(5) Exclusion from voting and from eligibility can only be
\nthe result of a court conviction.
\n(6) The implementation and conduct of elections of the
\nNational Council, of the Federal President, and of
\nreferenda as well as participation in the verification of
\npetitions and referenda are to be designated by election
\nauthorities, who as voting assessor representatives have
\nto have belonged to the political parties, to the Federal
\nElection Commission, or belonged or belong to the
\njudiciary. Electoral rules are — apart from judicial
\nprofessions to be determined by assessors — to be
\ndetermined by the number of members to be distributed
\namong the political parties in accordance with their
\nperceived strengths determined by the recent election to
\nthe National Council. Votes from abroad for elections to
\nthe National Council, the election of the Federal
\nPresident, and referenda must not be made before an
\nelection authority. The detailed provisions on voting
\nabroad can only be decided in the presence of at least
\nhalf of the members by a majority of two thirds of the
\nvotes cast.
\n(7) The electoral register will be created by the
\ncommunities in their assigned sphere.\u201d
\n2. In Article 41 paragraph 2 the expression \u201cprinciple electoral
\nauthority” shall be replaced with “Federal Election Commission.\u201d
\n3. In Article 29 b paragraph 3 the expression \u201cprinciple electoral
\nauthority” shall be replaced with “Federal Election Commission.\u201d
\n1992 7<\/p>\n
4. Article 56 shall be granted the additional title \u201c(1)\u201d, after which
\nthe following paragraphs shall be added:
\n\u201c(2) Should a member of the National Council on the occasion
\nof his appointment as member of the Federal Government or
\nthe Secretary of State dispenses with his mandate, he shall be,
\nafter his exit from office, in the cases of Article 71, after the
\nrelease by the appropriate electoral authority of the
\nentrustment of the continuation of the administration, the
\nmandate shall newly apply, if it isn’t opposed by the election
\nauthority within eight days of the re-exercising of the
\nmandate.
\n(3) With this renewed assignment ends the mandate of the
\nmember of the National Council who has held the seat of the
\ncurrently outgoing member, unless another member of the
\nNational Council who has entered his seat later on
\nappointment in the same constituency as the Electoral Board,
\nin opposition, submits to the election authority a statement
\nthat he wants to exercise his mandate as deputy for the
\ncurrently outgoing member of the National Council.
\n(4) Paragraphs 2 and 3 shall also apply if a candidate does not
\naccept his election into the National Council on the occasion
\nof his appointment to member of the Federal Government or
\nSecretary of State.\u201d
\n5. The last sentence of paragraph 1 in Article 95 shall state:
\n\u201cIn this particular Land law the reasons are fixed, from which a
\nnon-participant in the election despite election duty is
\nexcused.\u201d
\n6. Article 95 paragraph 2 shall state:
\n\u201c(2) The Land election regulations may not narrow the
\nconditions of active and passive suffrage than the federal laws
\nfor elections to National Council.\u201d
\n1992 8<\/p>\n
7. After the second sentence of Article 95 paragraph 3, the
\nfollowing sentence shall be inserted:
\n\u201cThe Land election procedure may provide a conclusive
\ninvestigation in the entire Land\u2019s territory, through which both
\nthe compensation allocated to the political parties in the
\nconstituencies and a division of the not yet allocated seats
\nshall follow, according to the principles of proportional
\nrepresentation.\u201d
\n8. The following paragraph 3 shall be added to Article 96:
\n\u201c(3) By Land law, for members of Land Parliament who, as a
\nresult of their election to Federal Council or to Land
\ngovernment, waive their mandate, one of the arrangements
\ncorresponding to paragraphs 2 to 4 of Article 56 can be
\nmade.\u201d
\n9. The following paragraph 4 shall be added to Article 151:
\n\u201c(4) Article 26, Article 41 paragraph 2, Article 49 paragraph 3,
\nArticle 56 paragraphs 2 through 4, Article 95 paragraphs 1
\nthrough 3, Article 96 paragraph 3, as well as the new
\ndesignation of paragraph 1 in Article 56 as amended by the
\nFederal Constitutional Law BGBl. No. 470\/1992 shall enter
\ninto force on May 1st, 1993.\u201d
\nKlestil
\nVranitzky
\n868. Constitutional law, with which the Constitution, as
\namended in 1929, the transitional law of October 1, 1920 as
\namended by BGBl. No. 368\/1925, and the law on the
\nparticipation of the National Assembly in the regulation of
\n1992 9<\/p>\n
railroad rates, postal, telegraph, and telephone fees, and rates
\nof monopoly goods, as well as remuneration of employees in
\npublic enterprises, is hereby amended
\nThe National Council has decided:
\nArticle 1. The Constitution as amended in 1929, most recently
\namended by the Constitutional Federal Gazette BGBl. No. 470\/1992,
\nshall be amended as follows:
\n1. Article 54 shall state:
\n\u201cArticle 54. The National Council shall be involved in the
\nestablishment of the postal and telecommunications
\ncharges, prices of monopoly goods, and remuneration of
\nemployees of state enterprises. This involvement shall
\nbe governed by federal constitutional law.\u201d
\n2. The following paragraph 5 shall be added to Article 151:
\n\u201c(5) Article 54 of the Federal Constitutional Law BGBl.
\nNo. 868\/1992 shall enter into force on January 1, 1993.\u201d
\nArticle 2. The Transitional Law of October 1, 1920, as amended by
\nBGBl. No. 368\/1925, as last amended by Federal Constitutional Law
\nBGBl. No. 539\/1977, shall be amended as follows:
\n1. In \u00a7 23 the words \u201crailway rates,\u201d shall be eliminated.
\n2. In \u00a7 43, the following paragraph 3 shall be added:
\n\u201c(3) \u00a723 of Federal Constitutional Law BGBl. Nr.
\n868\/1992 shall enter into force on January 1, 1993.\u201d
\nArticle 3. The law on the involvement of the National Assembly in
\nthe regulation of railroad rates, postal, telegraph, and telephone
\ncharges, and prices of monopoly goods, as well as remuneration of
\n1992 10<\/p>\n
employees in state enterprises, StGBl. No. 180\/1920 is hereby
\namended as follows:
\n1. The words \u201crailway tariffs\u201d shall be removed from the title.
\n2. \u00a71 letter a shall be repealed.
\n3. The following paragraph 3 shall be added to \u00a75:
\n\u201c(3) The words \u201crailway tariffs\u201d in the title, as well as \u00a71
\nletter a, shall expire from force at the end of December
\n31, 1992.\u201d
\nKlestil
\nVranitzky
\n1993 AMENDMENTS TO AUSTRIA\u2019S CONSTITUTION OF
\n1945
\nJULY 30, 1993
\n508. Constitutional law, with which the Constitution as
\namended in 1929 is hereby amended
\nThe National Council has decided
\nThe Constitution as amended in 1929, most recently amended by
\nthe Federal Constitution Gazette BGBl. No. 868\/1992, shall be
\namended as follows:
\n1. Article 10, paragraph 1, No. 6 shall state:
\n\u201c6. Civil matters, including those of economic associations, as
\nwell as the exclusion of regulations which transfer property to
\nforeigners and the administrative regulations of the marketing
\nof buildings or developments on specific plots of land,
\nincluding the legal acquisition through inheritance by persons
\nwho don\u2019t belong to the circle of heirs by law, are subject to
\nadministrative controls; private foundations; criminal law,
\nexcluding administrative penal law and administrative
\nproceedings in matters that fall within the autonomous sphere
\nof the Lands; administration of justice; institutions for the
\nprotection of society against criminal or otherwise dangerous
\npeople; administrative justice; copyright; journalism;
\nexpropriation, unless concerning matters falling within the
\nautonomous sphere of the Lands; matters of notaries, lawyers,
\nand related professions;\u201d
\n2. To article 10, paragraph 1, No. 9 the following shall be added:
\n\u201cAssessment of environmental impact for projects in these
\nmatters which are likely to have significant effects on the
\n1993 2<\/p>\n
environment and for which the regulations provide defined
\npaths by decree;\u201d
\n3. At the end of Article 11 paragraph 1 No. 6, instead of a period
\nthere shall be semicolon and the following shall be added as No. 7:
\n\u201c7. Environmental impact assessments for projects likely to
\nhave significant impact on the environment; so far as a need
\nfor the enactment of standard regulations is considered to
\nexist, the approval of such projects.\u201d
\n4. The following paragraphs 6 through 9 shall be added to Article
\n11:
\n\u201c(6) If a need is considered to be present after the enactment
\nof uniform regulations, also the Citizen Participation Process
\nfor federal law in particular projects, participation in the
\nCitizen Participation Process and the subsequent
\nadministrative proceedings of the outcomes of the Citizen
\nParticipation Process in issuing the necessary authorizations
\nfor the affected projects as well as the approval referred to in
\nNo. 9 of paragraph 1 of Article 10 shall be regulated by
\nfederal law. For the enforcement of these provisions, see
\nparagraph 4.
\n(7) In matters of paragraph 1, No. 7, after exhaustion of the
\nappeal process in the area of enforcement, each Land is
\nentitled to the decision of the Independent Environmental
\nCouncil. This is in other respects jurisdiction of eligible higher
\nauthority for the purposes of regulation the administrative
\nprocesses. The Independent Environmental Council consists of
\nthe Chairman, judges, and other legally qualified members,
\nand is situated within the appropriate Federal Ministry. The
\nestablishment, functions and procedures of the Council are
\ngoverned by federal law. Its decisions are not subject to repeal
\nor amendment; appeal to the Administrative court is allowed.
\n(8) If a project as in paragraph 1 no. 7 extends to several
\nLands, so the participating Lands initially agree to proceed.
\nShould an amicable decision not be issued within 18 months,
\n1993 3<\/p>\n
the jurisdiction over a Land or a party involved in the matter
\ntransfers to the Independent Environmental Council.
\n(9) In the cases referred to in paragraph 1 item no. 7, the
\nfederal government and the federal ministers are entitled to
\nthe following powers over the Land government:
\n1. The power, by federal authority, to inspect the
\nrecords of the Land governments;
\n2. The power to require reports on the execution of
\nFederal Government enacted Laws and regulations;
\n3. The power to request all necessary information about
\nthe enactment of Federal Laws and regulations;
\n4. The power to require, in certain cases, information
\nand the submission of documents to the extent
\nnecessary to exercise other powers.\u201d
\n5. Article 28 paragraph 5 shall state:
\n\u201c(5) Within a meeting the President of the National Council
\nconvenes the individual sessions. If a meeting is on the
\nFederal Law on rules of procedure of the National Council or
\nthe established number of members of the National Council,
\nor should the Federal Government so demand, the President is
\nobligated to call a meeting in such a way that the National
\nCouncil at the latest meets with the President within eight
\nweeks of receipt of the request.\u201d
\n6. After Article 52 paragraph 1 the following paragraph 2 shall be
\ninserted:
\n\u201c(2) Rights of control pursuant to paragraph 1 made to the
\nfederal government and its members in relation to enterprises
\nin which the federal government with at least 50 percent of
\nthe common stock, share capital, or equity is subject to
\ncontrol by the court. Such financial contributions shall be
\ndeemed equivalent to the control of enterprises through other
\n1993 4<\/p>\n
financial or otherwise economic or organizational measures.
\nThis also applies to enterprises at any other level in which the
\nconditions set forth in this paragraph exist.\u201d
\nThe previous paragraphs 2 and 3 shall be designated by \u201c(3)\u201d and
\n\u201c(4)\u201d.
\n7. After Article 52a the following Article 52b shall be inserted:
\n\u201cArt. 52b. (1) To check if a particular process in one of the
\nCourt\u2019s underlying Affairs of Federal Financial Management,
\nthe committee selects, pursuant to article 126d paragraph 2
\nB-VG, a permanent sub-committee. This sub-committee must
\nhave at least one member of each of the National parties
\nrepresented in the main committee.
\n(2) For more detailed provisions, federal law shall surpass the
\nrules of the National Council.\u201d
\n8. Article 126a shall state:
\n\u201cArticle 126a. Emergence Between the Court and a Legal Entity
\n(Article 121 paragraph 1) Disagreements over the
\ninterpretation of the statutory provisions governing the
\njurisdiction of the court shall be decided by the Constitutional
\nCourt at the request of the federal government or a Land
\ngovernment or the court. All legal entities are obliged to
\nenable in accordance with the legal opinion of the
\nConstitutional Court a review by the Court of Auditors.\u201d
\n9. At the end of Article 142 paragraph 2 letter g, a semicolon shall
\nreplace the period and the following letter h shall be added:
\n\u201ch) against members of a Land government for violation of the
\nlaw and failure to comply with the regulations of the federal
\ngovernment in the affairs of Article 11 paragraph 1 no. 7 and
\nof obstruction of powers under Article 11 paragraph 9: by
\ndecision of the national council or the federal government.\u201d
\n10. The following paragraphs 6 and 7 shall be added to Article 151:
\n1993 5<\/p>\n
\u201c(6) The listed provisions in the issue of the Federal
\nConstitutional Law Gazette No. 508\/1993 shall enter into
\nforce as follows:
\n1. Article 10 paragraph 1 no. 9, Article 11 paragraph 1
\nno. 7, and Article 11 paragraphs 6, 7, 8, and 9 shall
\nenter into force on July 1, 1994.
\n2. Article 28 paragraph 5, Article 52 paragraph 2, the
\ndesignation of the former Article 52 paragraph 2 and
\nparagraph 3 as 3 and 4, and Article 52b shall enter into
\nforce on October 1, 1993.
\n3. Article 142 paragraph 2 letter h shall enter into force
\non January 1, 2001.
\n(7) Article 11 paragraphs 7 and 8 as amended by the Federal
\nConstitutional Law Gazette No. 508\/1993 shall cease to have
\neffect after midnight of December 31, 2000. On December 31,
\n2000, proceedings pending before the Independent
\nEnvironmental Council are after the December 31, 2000
\ndeadline to be lead to an end by jurisdiction of applicable
\nlaw.\u201d
\nKlestil
\nVranitzky
\n532. Federal Law on the Banking (Banking law – BWG), the
\nInvestment Fund (Investment Funds Act – InvFG 1993), by
\nbuilding societies (Building Societies Act – BSpG), about the
\nrepeal of the Banking Act, the Articles II and III of the Federal
\nLaw BGB1. No. 325\/1986, the Bank Agent Act, the banks
\nheadquarters Act, the Federal Law on the business supervision
\nof the reconstruction law, the federal law concerning the sale of
\n1993 6<\/p>\n
shares of nationalized banks, parts of the Federal Law on the
\nRestructuring of the children of law, the Federal Law on
\nInvestment Funds (Investment Fund Act), the insurance
\nsupervision Act 1931, introduction of the Regulation of
\nInsurance supervision Act 1931 and amendments of the Federal
\nConstitution as amended in 1929, the Savings Bank Act, the
\nMortgage Bank Act, the Mortgage Act, the introduction of
\nregulation for mortgage banking and mortgage law, the
\ninvestment fund law, the Postal Savings Bank Act 1969, the
\nCapital Market Law, the Insurance Supervision Act 1978, the
\npremium savings Promotion Act, the Amendment of the
\nCorporate Income Tax Act 1988, the valuation Act, the Industrial
\nCode 1973 and the Accounting Act (Financial Market
\nAmendment Act 1993)
\nThe National Council has decided:
\nArticle I: Banking Law
\nSection I: General Provisions
\n\u00a7 1 Credit and Financial Institutions
\n\u00a7 2 Definitions
\n\u00a7 3 Exceptions
\nSection II: Concessions
\n\u00a7 4 and \u00a7 5 Licensing
\n\u00a7 6 Concession Withdrawal
\n\u00a7 7 Extinguishing a Concession
\n\u00a7 8 Relations with Third Parties
\n1993 7<\/p>\n
Section III: Right of Establishment and Freedom to Provide
\nServices
\n\u00a7 9 Credit Institutions from Member States in Austria
\n\u00a7 10 Austrian Credit Institutions in Member States
\n\u00a7 11 Financial Institutions from Member States in
\nAustria
\n\u00a7 12 Austrian Financial Institutions in Member States
\n\u00a7 13 Subsidiaries of Financial Institutions from Member
\nStates in Austria
\n\u00a7 14 Subsidiaries of Austrian Financial Institutions in
\nMember States
\n\u00a7 15 to \u00a7 18 Supervision as Part of Establishment and
\nFreedom to Provide Services
\n\u00a7 19 Deliveries
\nSection IV: Ownership Rules and Permits
\n\u00a7 20 Qualifying Holdings in Credit Institutions
\n\u00a7 21 Permits
\nSection V: Regulatory Standards
\n\u00a7 22 Solvency
\n\u00a7 23 Capital
\n\u00a7 24 Consolidated Capital Resources
\n\u00a7 25 Liquidity
\n1993 8<\/p>\n
\u00a7 26 Open Positions
\n\u00a7 27 Gross Investments
\n\u00a7 28 Loans to Executive Bodies
\n\u00a7 29 Investments
\nSection VI: Banking Groups
\n\u00a7 30 Banking Groups
\nSection VII: Savings Deposits
\n\u00a7 31 Savings Certificates
\n\u00a7 32 Deposits, Withdrawals and Interest
\nSection VIII: Consumer Provisions
\n\u00a7 33 Consumer Credit Contracts
\n\u00a7 34 Consumer Checking Account Contracts
\n\u00a7 35 Price List and Advertising
\n\u00a7 36 Business Relationships with Young People
\n\u00a7 37 Value Date
\nSection IX: Banking Confidentiality
\n\u00a7 38 Banking Confidentiality
\nSection X: Due Diligence and Money Laundering
\n\u00a7 39 Due Diligence
\n\u00a7 40 and \u00a7 41 Money Laundering
\n1993 9<\/p>\n
Section XI: Internal Audit
\n\u00a7 42 Internal Audit
\nSection XII: Financial Reporting
\n\u00a7 43 and \u00a7 44 General Provisions
\n\u00a7 45 to \u00a7 50 General Disclosure Requirements for
\nBalance
\n\u00a7 51 Provisions Relating to Certain Balance Sheet Items
\n\u00a7 52 to \u00a7 54 Special Provisions Relating to Certain Items
\nin the Profit and Loss Account
\n\u00a7 55 to \u00a7 58 Rating Rules
\n\u00a7 59 Consolidated Financial Statements
\n\u00a7 60 to \u00a7 63 Bank Examiners
\n\u00a7 64 Appendix
\n\u00a7 65 Publication
\nSection XIII
\nProvisions Concerning the Collateral Pool in Accordance
\nwith \u00a7 230a Civil Code
\n\u00a7 66 to \u00a7 68 Accordance with the Provisions Concerning
\na Collateral Pool \u00a7 230 Civil Code
\nSection XIV: Supervision
\n\u00a7 69 to \u00a7 72 Supervision
\n\u00a7 73 Adverts
\n1993 10<\/p>\n
\u00a7 74 Reports
\n\u00a7 75 Gross Credit Report
\n\u00a7 76 State Commissioner
\n\u00a7 77 International Cooperation
\nSection XV: Moratorium and International Sanctions
\n\u00a7 78 Moratorium and International Sanctions
\nSection XVI: Austrian National Bank
\n\u00a7 79 to \u00a7 81 Austrian National Bank
\nSection XVII: Insolvency Provisions
\n\u00a7 82 to \u00a7 91 Insolvency Provisions
\nSection XVIII: Structure Determination
\n\u00a7 92 Incorporation into Limited Companies
\nSection XIX: Deposit Insurance
\n\u00a7 93 Deposit Insurance
\nSection XX: Title Protection
\n\u00a7 94 Title Protection
\nSection XXI: Savings Associations and Savings Banks
\n\u00a7 95 Savings Associations and Savings Banks
\nSection XXII: Procedural and Penalty Provisions
\n\u00a7 96 to \u00a7 101 Proceedings and Penalties
\n1993 11<\/p>\n
Section XXIII: Converting of Participation Capital
\n\u00a7 102 Converting of Participation Capital
\nSection XXIV: Conversions and Final Provisions
\n\u00a7 103 Transitional Provisions
\n\u00a7 104 Change of Names
\n\u00a7 105 References and Regulations
\n\u00a7 106 Expiry
\n\u00a7 107 Entry into Force and Enforcement Clause
\nArticle II: Investment Funds Act
\nSection I: Investment Funds and Investment Companies
\n(Mutual Funds and Investment Companies)
\n\u00a7 1 Investment Funds
\n\u00a7 2 Investment Companies
\n\u00a7 3 Legal Disposal of Investment Companies
\n\u00a7 4 Restrictions on Disposal
\n\u00a7 5 Shares
\n\u00a7 6 Issuance of Share Certificates
\n\u00a7 7 Calculation of Net Asset Value, Issue Price
\n\u00a7 8 The Shareholders\u2019 Register
\n\u00a7 9 Contingencies
\n1993 12<\/p>\n
\u00a7 10 Waiver of Co-ownership Share; Redemption of
\nUnits
\n\u00a7 11 Financial Year of the Investment Fund
\n\u00a7 12 Financial Reporting and Publication
\n\u00a7 13 Profits
\n\u00a7 14 Termination of the Management by the Investment
\nCompany
\n\u00a7 15 Management by the Depositary or Another
\nInvestment Company
\n\u00a7 16 Execution of an Investment Fund
\n\u00a7 17 Acquisition Prohibition Organs for the Investment
\nCompany
\n\u00a7 18 Publications
\n\u00a7 19 Protection of Titles
\n\u00a7 20 Investment Rules
\n\u00a7 21 Derivative Products
\n\u00a7 22 Fund Terms
\n\u00a7 23 Depositary
\nSection II: Regulations Concerning the Distribution of Foreign
\nCapital Investment Funds
\n\u00a7 24 Scope
\n\u00a7 25 Prerequisites for the Admissibility of a Public Offer
\n1993 13<\/p>\n
\u00a7 26 Disclosure Policy
\n\u00a7 27 Accountability Report, Assets, Output and
\nRepurchase Price
\n\u00a7 28 Authoritative German Text
\n\u00a7 29 Subcommittee Chair
\n\u00a7 30 Display Duty
\n\u00a7 31 Waiting Period – Sales Ban
\n\u00a7 32 Advertisement
\nSection III: Regulations Concerning the Distribution of EEA
\nInvestment Funds
\n\u00a7 33 Prerequisites
\n\u00a7 34 Designation of a Domestic Credit Institution –
\nOther Obligations of the Investment Company
\n\u00a7 35 German-language Publications, Accountability
\nreport, Semi-annual Report and Prospectus
\n\u00a7 36 Display Duty
\n\u00a7 37 Recording of Sales
\n\u00a7 38 Provision of Free Prospectus, Annual Report and
\nSemi-annual Report
\n\u00a7 39 Re-use of Common Names
\nSection IV: Taxes
\n\u00a7 40 Taxes on Income and on Capital
\n1993 14<\/p>\n
\u00a7 41 Capital Transfer Tax
\n\u00a7 42 Application Report of the Fourth Section
\nSection V: Advertising for Shares – Procedural Provisions
\n\u00a7 43 Restricting Advertising of Share Certificates
\n\u00a7 44 and \u00a7 45 Penalties
\n\u00a7 46 Compulsory Punishment
\nSection VI: Transitional Provisions
\n\u00a7 47 Transitional Provisions
\n\u00a7 48 Enforcement Clause
\nSection VII: Final Provisions
\nArticle III: Building Societies Act
\n\u00a7 1 Definitions
\n\u00a7 2 Business Purpose
\n\u00a7 3 and \u00a7 4 Business Plan and General Conditions for a
\nSavings Business
\n\u00a7 5 Concession – Issuing and Redemption
\n\u00a7 6 Fiduciary Business Management
\n\u00a7 7 Changing a Business Plan and the General Conditions for a
\nSavings Business
\n\u00a7 8 Fencing and Securing a Savings Fund
\n\u00a7 9 Avoid Currency Risks
\n1993 15<\/p>\n
\u00a7 10 Securing Debt
\n\u00a7 11 Regulatory Power
\n\u00a7 12 Financial Statements
\n\u00a7 13 Portfolio Transfer
\n\u00a7 14 State Commissioner
\n\u00a7 15 Penalties
\n\u00a7 16 Transitional Provisions
\n\u00a7 17 Repeal of Existing Legislation
\n\u00a7 18 Entry into Force
\n\u00a7 19 Execution
\nArticle IV: Amendment of the Constitution Act as Amended in 1929
\nArticle V: Changing the Savings Bank Act
\nArticle VI: Modification of the Mortgage Bank Act
\nArticle VII: Amendment of the Mortgage Act
\nArticle VIII: Amendment of Introductory Regulation of the Mortgage
\nBanking and Mortgage Law
\nArticle IX: Amendment of the Investment Fund Law
\nArticle X: Amendment of Post Office Savings Bank Act 1969
\nArticle XI: Amendment of the Capital Market Law
\nArticle XII: Amendment of the Insurance Supervision Act 1978
\nArticle XIII: Amendment of the premium savings Promotion Act
\n1993 16<\/p>\n
Article XIV: Amendment of the Corporate Income Tax Act 1988
\nArticle XV: Amendment of the Valuation Act
\nArticle XVI: Amendment of the Industrial Code 1973
\nArticle XVII: Amendment of the Accounting Act
\nArticle IV: Amendment of the Federal Constitution as Amended in
\n1929
\nThe Federal Constitution as amended in 1929, last amended by the
\nFederal Constitutional Gazette No. 508\/1993, shall be amended as
\nfollows:
\n1. In Article 102 paragraph 2 after the word \u201cmonopoly,\u201d the
\nphrase \u201cmoney, credit, securities, banking, insurance and
\npostponement,\u201d shall be added.
\n2. In Article 151 the following paragraph 5 shall be added:
\n\u201c(5) Article 102 para 2 as amended by Federal Law
\nGazette No. 532\/1993 shall enter into force on 1 January.<\/p>\n
Constitutional Text: Austria 1945, Amendments 1986,1987,1988,1990, 1992 and 1993<\/p>\n","protected":false},"excerpt":{"rendered":"
Constitutional Text: Amendments of 1986,1987,1988,1990, 1992 and 1993 to the Austria Constitution of 1945 in Europe 1986 AMENDMENT TO AUSTRIA\u2019S CONSTITUTION OF 1945 APRIL 24, 1986 212. Federal constitutional law of April 4, 1986, amending the federal constitutional law of 1929 (amendment to […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4,232,52],"tags":[239,198,23,82],"_links":{"self":[{"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/posts\/6106"}],"collection":[{"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/comments?post=6106"}],"version-history":[{"count":0,"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/posts\/6106\/revisions"}],"wp:attachment":[{"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/media?parent=6106"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/categories?post=6106"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/tags?post=6106"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}