costituzione austriaca 1848

(1) The constitution and competence of the courts is laid down by federal law. The Auditing Board must simultaneously with its submission to the House of Representatives (Nationalrat) inform the Federal Prime Minister (Bundeskanzler) of every report. (1) Every enactment of the House of Representatives (Nationalrat) shall without delay be conveyed by the Speaker to the Senate (Bundesrat). (1) The procedure for an initiative and a referendum will be prescribed by federal law. The public may not be excluded when the County Budget or the County's final accounts are on the agenda. (1) The Constitutional Court pronounces on rulings by administrative authorities in so far as the applicant alleges an infringement by the ruling of a constitutionally guaranteed right or the infringement of personal rights on the score of an illegal ordinance, an unconstitutional law, or an unlawful treaty. (2) The federal Coat of Arms consists of an unfettered single-headed, black, gilt-armed and red-tongued eagle on whose breast is imposed a red shield intersected by a silver crosspiece. without the hyphen) and individual provisions in statutes and treaties which are designated as constitutional (Verfassungsbestimmung). (2) The addition of a religious assertion is admissible. FERDINANDO II CONCEDE E GIURA LA COSTITUZIONE VARIE TRATTATIVE CON LA SICILIA Abbiamo nelle pagine precedenti, gi� anticipato che il 1848 fu un anno "lungo" e pieno d'eventi. In recent times, however, former president Heinz Fischer was known to comment on current political issues from time to time. (7) If an executive act on the part of one State in matters covered by Articles 11, 12, 14 (2) and (3), and 14a (3) and (4) is to be effective in several States, the participant States shall take the lead in reaching an agreed basis. (1) The country' s military defence is the duty of the Federal Army. (1) Commander-in-Chief of the Federal Army is the Federal President. It had been established in 1919 and gained the right to revise the laws of the federal states that year. Implementation shall, in accordance with his instructions, lie with the Federation or States authorities, including the Federal Army, appointed at his discretion for the purpose. Other such chambers were competent in the area of tax law (Unabhängiger Finanzsenat- UFS), in terms of asylum (Unabhängiger Bundesasylsenat - UBAS), in relation to environmental matters (Unabhängiger Umweltsenat) or in the field of telecommunications (Unabhängiger Bundeskommunikationssenat). The public can, pursuant to the provisions of the Standing Orders, be excluded by resolution. The rescission enters into force on the day of publication if the Court does not set a deadline, which may not exceed six months or, if legal dispositions are necessary, a year, for the rescission. No recommendation is requisite to the dismissal of the Federal Prime Minister (Bundeskanzler) or the whole Federal Government; the dismissal of individual members of the Federal Government ensues on the recommendation of the Federal Prime Minister (Bundeskanzler). 1848 [nota storica] Constitucion De La Monarquia Española (23 De Mayo De 1845) [italiano] [spagnolo] [nota storica] ... Legge Fondamentale austriaca del 26 febbraio 1861 [italiano] [nota storica] Costituzione … (3) The meetings of the Senate (Bundesrat) are public. (5) Examination by the Auditing Board shall extend to arithmetical correctness, compliance with existing regulations, and the employment of thrift, efficiency and expediency. Noticed shortcomings -- in so far as they do not concern such in the sense of Article 14 (8) -- shall be revealed to the State school board for the purpose of their redress. (1) The enforcement of judgments pronounced by the Constitutional Court on claims made in accordance with Article 137 is implemented by the ordinary courts. (2) Agreements between the States can only be made about matters of their autonomous sphere of competence and must without delay be brought to the Federal Government's knowledge. Assignment does not extend to the right to issue ordinances in accordance with Paragraph (6). This resolution can only be adopted in the presence of half the members with a two thirds majority of the votes cast. If the instruction is not complied with although the State-Governor has made the necessary arrangements, the State Government member concerned is, pursuant to Article 142, responsible to the Federal Government as well. (1) Ombudsmen Council officials are appointed by the Federal President on the recommendation and with the countersignature of the Ombudsmen Council chairman. Each of the three parties with the largest number of votes in the House of Representatives (Nationalrat) is entitled to nominate one member for this recommendation. Federal laws and the treaties specified in Article 50 will be published with reference to their adoption by the House of Representatives (Nationalrat); federal laws based upon a referendum with reference to the result of that referendum. It pronounces furthermore whether in the re-publication of a legal norm the limits of the authority conferred were transcended when an application alleges direct infringement of personal rights in so far as the republished legal norm has become operative against the applicant without the delivery of a judicial decision or the issue of a ruling. (2) The members of the Senate (Bundesrat) need not belong to the State Parliament which delegates them, but they must be eligible for that State Parliament. The latter, should he not himself be conducting the relevant business of the indirect Federal administration, is responsible (Article 142 (2)(d)) for passing the instruction in writing without delay and unaltered to the State Government member concerned and for supervising its implementation. (2) No illegality exists where legislation forbears from the establishment of a binding rule on an administrative authority's conduct, leaving the determination of such conduct to the authority itself, and the authority has made use of this discretion in the spirit of the law. Article 89 (3) applies analogously to such applications. (2) In matters of local public safety administration, i.e., that part of public safety administration which exclusively or preponderantly affects the interests of the local community personified by the County and which, like preservation of public decency and defence against the improper creation of noise, can suitably be undertaken by the community within its local boundaries, the Federation has authority to supervise the conduct of these matters by the County and to redress any observed shortcomings by instructions to the State-Governor. The provisions of Article 15 (6) shall be analogously applied to these State laws. (2) The admissibility of activities in the private sector of the economy by the authorities specified in Paragraph (1) and other public functionaries can be restricted by federal law. The judiciary (including three supreme courts) is almost exclusively federal, with the exception of nine state administrative courts.[2]. (3) The premise for a decision by the Constitutional Court in challenges to the result of initiatives or referenda will be prescribed by Federal law. Although all these tribunals were formally part of the administrative organization, their members had guarantees of independence and irremovability and may thus be compared to jurisdictions. (1) All State Parliament enactments shall, immediately after they have been passed by a State Parliament, be notified by the State-Governor to the competent Federal Ministry prior to their publication. In the State Vienna the chain of appeal in matters of the indirect Federal administration, unless precluded by federal law, is from the Magistrate acting as District administrative authority or, in so far as federal authorities are in the first instance entrusted with their execution (Article 102 (1) second sentence), from them to the Mayor in his capacity as State-Governor; in other respects Article 103 (4) applies. Provided that the bill in question neither amends the constitution such that states' rights are curtailed nor in some other way pertains to the organization of the legislature itself, the National Council can force the bill into law even if the Federal Council rejects it; a National Council resolution overruling a Federal Council objection merely has to meet a higher quorum than a regular resolution. The Federal President may, however, authorize the President of the Auditing Board to appoint officials of certain categories. Commentary The Austrian Empire was very large in 1848, and filled with around a dozen ethnicities, each with its own language. (3) The calculation shall also examine the financial administration of enterprises where a County with at least 20,000 inhabitants is either the sole participant or holds at least fifty per cent of the share capital together with other legal entities falling within the competence of the Auditing Board or where the County is either their sole or joint operator with other such legal entities. Most cases are tried before District Courts (Bezirksgerichte, abbrev. (2) The resolutions of the Federal Assembly upon a declaration of war shall be officially published by the Federal Prime Minister (Bundeskanzler). (2) The presence of more than half the members is required for a motion which proffers a charge pursuant to Article 142. (1) The Constitutional Court pronounces on application by a court whether ordinances issued by a Federal or State authority are contrary to law, but ex officio in so far as the Court would have to apply such an ordinance in a pending suit. (3) Supreme command over the Federal Army is exercised by the competent Federal Minister (Article 76 (1)). The year 1848 was a time of European-wide revolution. A relatively weak president, who was elected by both houses, was to serve as head of state. The president does not have the power to veto bills, his or her signature is a technical formality notarizing that the bill has been introduced and resolved upon in accordance to the procedure stipulated by the constitution. For the Federal capital, Vienna, in its capacity as a State, the County Parliament has the additional function of a State Parliament, the Town Senate the function of a State Government, the Mayor the function of the State-Governor, the Magistrate the function of the State Government Office, and the Magistrate Director the function of the State Administrative Director. (1) Federation and States can make agreements among themselves about matters within their respective sphere of competence. (3) Persons acting on behalf of one of the legal entities specified in Paragraph (1) are liable for the injury which in execution of the laws they have by illegal behavior inflicted directly on the legal entity. Paragraph (3) applies analogously. Austria's accession to EU in 1995 was considered such a change. This does not apply if rescission of the whole law manifestly runs contrary to the legitimate interests of the litigant who has filed an application pursuant to the last sentence in Paragraph (1) or whose suit has been the occasion for the initiation of ex officio examination proceedings into the law. (4) Article 89 applies analogously to the Administrative Court. The Ombudsmen Council shall annually render the House of Representatives (Nationalrat) a report on its activity. La Costituzione siciliana del 1848 fu la costituzione, ispirata al costituzionalismo inglese, adottata quell'anno nel neonato Regno di Sicilia, la parte siciliana del Regno delle Due Sicilie nel corso della rivoluzione siciliana del 1848… (3) The Federation must allow the States opportunity to present their views before its conclusion of treaties which within the meaning of Article 1 render necessary enabling measures or affect the autonomous sphere of competence of the States in another way. Most closely resembling a bill of rights in Austria is the Basic Law on the General Rights of Nationals of the Kingdoms and Länder represented in the Council of the Realm, a decree issued by Emperor Franz Josef on December 21, 1867 in response to pressure by liberal insurgents. Supervisory expedients shall be applied with greatest possible consideration for third parties' acquired rights. (3) If the Constitutional Court finds that a right within the meaning of Paragraph (1) has not been infringed by the challenged ruling or the exercises of direct administrative power and compulsion, and if it does not concern a case that in accordance with Article 133 is barred from the competence of the Administrative Court, the Court shall, on the request of the applicant, at the same time as it rejects the plea transfer the complaint to the Administrative Court for decision whether the applicant, by the ruling or the exercise of direct administrative power and compulsion, sustained the infringement of any other right. striving for the role of impartial mediator and dignified elder statesman, and more or less consistently steer clear of the murky waters of hands-on politics. (6) If an ordinance has been rescinded on the score of illegality or if the Constitutional Court has pursuant to Paragraph (4) pronounced an ordinance to be contrary to law, all courts and administrative authorities are bound by the Court's decision. The service prerogative with regard to the employees of the Auditing Board is exercised on behalf of the Federation by the president of the Auditing Board. l’atto incompatibile. (2) Universal national defence comprises military, intellectual, civil, and economic national defence. It also pronounces whether ordinances are contrary to law when an application alleges direct infringement of personal rights through such illegality in so far as the ordinance has become operative for the applicant without the delivery of a judicial decision or the issue of a ruling; Article 8 (3) applies analogously to such applications. (1) The authorities of the County shall in every instance include: (2) Elections to the County Parliament take place on the basis of proportional representation by equal, direct, secret, and personal suffrage of all Federal nationals who have their domicile in the County. (7) If a Justice or substitute Justice disregards without satisfactory excuse three successive requests to attend a hearing of the Constitutional Court, the Court shall formally establish the fact after listening to his testimony. If, however, the Court concludes that the whole law was enacted by a legislative authority unqualified in accordance with the allocation of competence or published in an unconstitutional manner, it shall rescind the whole law as unconstitutional. The B-VG was based on drafts whose principal author was Hans Kelsen and was first enacted on October 1, 1920. : OLG, singular: Oberlandesgericht) serve as courts of appeal, the Supreme Court still being the court of last resort. (1) The Federal Prime Minister (Bundeskanzler), the Deputy Prime Minister (Vizekanzler), and the other Federal Ministers are entrusted with the highest administrative business of the Federation in so far as this is not assigned to the Federal President. (4) The Auditing Board is competent to examine the financial administration of corporations under public law using funds of a County with at least 20,000 inhabitants. parlamentarismo ‘monista’ razionalizzato. (3) A County with at least 20,000 inhabitants shall, at its own request, if State interests are not thereby jeopardized, be awarded its own charter by way of State legislation. The prerogative to enact law was to lie with a comparatively strong parliament, the Federal Assembly composed of two houses, the National Council and the Federal Council. The most important among them were the Länder independent administrative chambers (Unabhängige Verwaltungssenate - UVS), who decided, amongst other things, on second authority in proceedings relating to administrative contraventions as well as recourses against acts of direct exercise of command and constraint power from administrative authorities. La genesi è nella Costituzione austriaca … This also holds good if the office of President is vacant. A suit can be brought against the persons mentioned in Article 142 also on the score of actions involving penal proceedings connected with the activity in office of the individual to be arraigned. (3) A County is guaranteed official responsibility in its own sphere of competence particularly for performance of the following matters: (4) The County shall perform the business for which it is competent within the framework of the laws and ordinances of the Federation and the State on its own responsibility free from instructions and -- subject to the provisos of Article 119a (5) -- to the exclusion of legal redress to administrative authorities outside the County. Details regarding the establishment of administrative penal tribunals and their activity will be prescribed by federal law. At the time of conclusion of a treaty not falling under Article 50, he can direct that the treaty in question shall be implemented by the issue of ordinances. (5) In so far as executive acts in building matters concern federally owned buildings which serve public purposes, like accommodation for federal authorities and offices or public institutions including schools and hospitals or barracks quarters for members of the Army or other federal employees, these executive acts fall under the indirect federal administration; the final decision on appeals rests with the State-Governor. (2) The House of Representatives (Nationalrat)'s Standing Orders are applied analogously in the Federal Assembly. The State-Governor must see to the redress of the shortcomings according to the statutory provisions and, to effect the execution of such instructions, is bound also to employ the means at his disposal in his capacity as an authority acting on behalf of the State in its autonomous sphere of competence. (2) The Federal Government can within eight weeks from the day of an enactment's receipt at the Federal Chancellery enter a reasoned objection to a State Parliament enactment as endangering Federal interests. (2) The Auditing Board is independent of the Federal Government and the State Governments and subject only to the provisions of the law. The Austrian constitution was the first in the world (nearly contemporaneous with Czechoslovakia) to enact judicial review. For towns with their own charter, the competent legislature (Paragraph (3)) can direct that representation to the supervisory authority. (2) The State with the largest number of citizens delegates twelve members, every other State as many as the ratio in which its nationals stand to those in the first-mentioned State, with remainders which exceed half the coefficient counting as full. (1) The Constitutional Court pronounces upon: (2) If a challenge pursuant to Paragraph (1)(a) is allowed and it thereby becomes necessary to hold the House of Representatives (Nationalrat) or a State Parliament election in whole or in part again, the representative body's members concerned lose their seat at the time when it is assumed by those elected at the ballot which has to be held within a hundred days after delivery of the Constitutional Court's decision. Legislation shall expressly specify matters of that kind as being such falling within the County's own sphere of competence. Unless explicitly provided otherwise, the entry into force of such treaties begins with expiry of the day on which the number of the Federal Law Gazette containing the notification of the resolution by the House of Representatives (Nationalrat) is issued and distributed and it extends, unless explicitly provided otherwise, to the entire federal territory. Complaint for breach of the duty to take a decision can be brought by the party who in administrative proceedings was entitled to claim fulfillment of that duty of decision. Although elected for a five-year term, the National Council can dissolve itself at any time, bringing about new elections. (1) The federal territory comprises the territories of the Federal States. (2) Intermediate customs barriers or other traffic restrictions may not be established within federal territory. Members of reigning houses or of formerly regnant families are excluded from eligibility. Tra il 1821 e il 1830 a dominare la situazione nel regno meridionale furono preminentemente: la presenza militare austriaca, totalmente a spese del bilancio dello stato delle Due Sicilie, la restaurazione e la … (3) The Parliamentary Staff, which is subordinate to the Speaker of the House of Representatives (Nationalrat), is competent for the conduct of Parliamentary auxiliary services and administrative matters within the scope of the federal legislature. (1) Before assuming office, the members of the Federal Government render an affirmation to the Federal President. (3) The Constitutional Court may rescind a law as unconstitutional only to the extent that its rescission was expressly submitted or the Court would have to apply the law in the suit pending with it. (1) The Federal President is elected by the nation on the basis of equal, direct, secret, and personal suffrage. Save as otherwise provided in this law or as otherwise laid down in the federal law on the House of Representatives (Nationalrat)'s Standing Orders with regard to individual matters, the presence of at least one third of the members and an absolute majority of the votes cast is requisite to a vote by the House of Representatives (Nationalrat). In such business the members concerned of the State Government are as much bound by the instructions of the State-Governor (Article 20) as is the latter by the instructions of the Federal Government or individual Federal Ministers. L'adesione dell'Austria all'Unione europea avvenuta il 1° gennaio 1995 ha comportato una revisione globale della Costituzione federale austriaca. Federal executive authority is shared by the federal president and federal cabinet. (3) If the immediate issue of measures, which require in accordance with the Constitution a resolution by the House of Representatives (Nationalrat), becomes necessary to prevent obvious and irreparable damage to the community at a time when the House of Representatives (Nationalrat) is not assembled, cannot meet in time, or is impeded from action by circumstances beyond its control, the Federal President can at the recommendation of the Federal Government and on his and their responsibility take these measures by way of provisional law-amending ordinances. The Counties can, as part of the Federation's assigned sphere of competence, be called upon to maintain registers of those who are of school-attendance age. (3) Every male Austrian national is liable for military service. (1) The Federation is the source of all jurisdiction. Such an assignment can at any time be revoked in part or in whole. (1) The House of Representatives (Nationalrat) can, by resolution, set up committees of inquiry. Such federal laws can empower State legislatures to issue implementing provisions to individual provisions which shall be precisely specified; in these instances the provisions of Article 15 (6) apply analogously. If a State does not observe this deadline, competence for the issue of the implementing legislation passes from that State to the Federation. Admission to public school is open to all without distinction of birth, sex race, status, class, language and religion, and in other respects within the limits of the statutory requirements. The president is the head of state and appoints the cabinet, a body consisting of the federal chancellor and a number of ministers. (6) The immunity of members ends with the day of the meeting of the newly elected House of Representatives (Nationalrat), that of functionaries of the House of Representatives (Nationalrat) whose tenure of office extends beyond this date on the expiry of this term of office. La Costituzione siciliana del 1848 fu la costituzione, ispirata al costituzionalismo inglese, adottata quell'anno nel neonato Regno di Sicilia, la parte siciliana del Regno delle Due Sicilie nel corso della rivoluzione siciliana del 1848… (1) Save as provided otherwise by this law, judges are appointed pursuant to the proposal of the Federal Government by the Federal President or, by reason of his authorization, by the competent Federal Minister; the Federal Government or the Federal Minister shall obtain proposals for appointment from the tribunals competent through the law on the organization of the courts. Such a financial participation shall be deemed equivalent to the control of enterprises by other financial, economic, or organizational measures. The Federal Government submits its recommendations, in so far as appointment of the Chief Justice or Vice-Chief Justice is concerned, on the basis of a recommendation listing three candidates for each vacancy submitted by the Administrative Court in plenary session. Their rulings may have been challenged before the Administrative or the Constitutional Court. (6) The Auditing Board shall also inform the Federal Government of the result of its examination of the financial administration. (5) Anyone who during the preceding four years has exercised one of the functions specified in Paragraph (4) cannot be appointed Chief Justice or Vice-Chief Justice of the Administrative Court. (1) The Federal President can dissolve the House of Representatives (Nationalrat), but he may avail himself of this prerogative only once for the same reason. la costituzione della repubblica austriaca (1 ottobre 1920) forma di stato federale (9 regioni autonome) la forma di governo offre un esempio tipico di . Chapter I General Provisions [] Article 1 [Republic, Democracy] []Austria is a democratic republic. (4) The Auditing Board is competent to examine the financial administration of corporations under public law using State funds. Every act of legal process shall in the case of such a demand immediately cease or be discontinued. (6) The establishment of Federal public safety authorities, the definition of their local sphere of competence and of their substantive sphere of competence in administrative fields which in accordance with Article 10 provide for execution by Federal public safety authorities, as well as the issue of a special service code for their officials ensue on Federal Government ordinance. (1) A County has its own sphere of competence and one assigned to it either by the Federation or the State. The aforementioned instructions by the Federal President require, if it is a matter of enforcements against the Federation or Federal authorities, no countersignature in accordance with Article 67. (2) The newly elected House of Representatives (Nationalrat) shall be convened by the Federal President within thirty days after the election. Official secrecy is inoperative in the case of the Ombudsmen Council. The Standing Orders must provide that the Standing Sub-Committee can be convoked and can meet at any time. Such an ordinance shall be rescinded as soon as the reason for its issue has ceased. Per il principio di intervento emanato dalla Santa Alleanza, le truppe austriache dovettero prendere provvedimenti nel Regno di Napoli. (6) The Auditing Board shall also notify the Federal Government of the report rendered to the State Parliament together with any possible comment by the State Government. (1) Hearings in civil and criminal cases are oral and public. If the Court has in its rescissory judgment set a deadline pursuant to Paragraph (5), the law shall apply to all the circumstances effected, the case in point excepted, till the expiry of this deadline. (2) Federal expenditure not earmarked in the Federal Finance Act or by a special law requires before its execution constitutional sanction by the House of Representatives (Nationalrat) which shall be obtained by the Federal Minister of Finance. (1) If the House of Representatives (Nationalrat) passes an explicit vote of no confidence in the Federal Government or individual members thereof, the Federal Government or the Federal Minister concerned shall be removed from office. (4) The Defence Law regulates which officials and authorities can lay direct claim to the co-operation of the Federal Army for the purposes mentioned in Paragraph (2).

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