Amendment Of The Federal Constitution Act

Original Language Title: Änderung des Bundes-Verfassungsgesetzes

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_114/BGBLA_2013_I_114.html

114. Federal Constitutional law, the Federal Constitutional law is changed with the

The National Council has decided:

The Federal Constitution Act B-VG, Federal Law Gazette No. 1/1930, last amended by Federal Law Gazette I no. 59/2013, is amended as follows:

1. in article 7, paragraph 4 the word is "public" replaced by the word 'public'.

2. in article 12 para 1 No. 1 the comma is replaced after the word "people care facility" with a semicolon.

3. in Article 14a paragraph 1, the phrase "Affairs of higher education" is replaced by the phrase "Affairs of the University and higher education".

4. in article 16, paragraph 5 the phrase 'international treaties' is replaced by the phrase "of international treaties".

5. in article 49 paragraph 2 No. 1 is the word "authentic" replaced by the word "authentic".

6. in article 52, paragraph 4 is replaced by the phrase "Federal law on the rules of procedure of the National Council" the phrase "Federal law, concerning the rules of procedure of the National Council,".

7 article 59b paragraph 1 Z 2 reads: "2. two representatives designated made by the Chairman of the Federal Council with the consent of his Deputy," 8 in article 81a para 1 replaced the phrase "the University and nature of Academy of Arts" by the phrase "the University and higher education".

9 Article 89 para 2 to 5 is replaced by the following paragraph 2 to 4:

"(2) has a proper court against the application of a regulation for the reason of illegality, an announcement about the return statement issued of a law (Treaty) for the reason of the illegality, a law for the reason of unconstitutionality or a State contract from the reason of illegality as it has concerns, to make the request for waiver of this law in the Constitutional Court.

(3) the provision of the law to be applied by the Court already entered force, the application of the ordinary court of the Constitutional Court has to seek that the legislation was illegal, unconstitutional or unlawful decision.

(4) by federal law is to determine what effects has an application under paragraph 2 or 3 for the pending before the ordinary court procedure."

10. in article 94 paragraph 2 as amended by the amendment to the Verwaltungsgerichtsbarkeits 2012, Federal Law Gazette I no. 51/2012, eliminates the quote "B-VG".

11. in article 127, paragraph 8 is replaced by the phrase "on the map" the phrase "in place".

12. Article 139 paragraph 1 reads:

"(1) the Constitutional Court recognizes about illegality of regulations 1 at the request of the Court;

2. institutionally, if he's to apply the regulation in a case pending before him;

3. at the request of a person, directly to be hurt by this illegality in their rights claims, if the regulation without precipitating a judicial decision or issue a notice for that person has become effective;

4. at the request of a person, as a party to a case decided by a Court of first instance due to application of illegal regulation in their rights to be violated claiming occasion an appeal against this decision;

5. a federal agency also at the request of a Government or of the public prosecutor's Office;

6. a State authority also at the request of the Federal Government or, if declared national Constitution by law the Ombudsman in the field of the administration of the country concerned for responsible, the Ombudsman or a body referred to in article 148i paragraph 2;

7. a supervisory authority according to article 119a para 6, also at the request of the municipality, the Verordnung was lifted.

On applications pursuant to Nos. 3 and 4 Article 89 is para 3 apply accordingly."

13. in article 139 inserted following paragraph 1a and 1B:

"(1a) If this is necessary to ensure the purpose of the procedure before the Court, the position of an application referred to in paragraph 1 can be explained Z 4 by federal law to be inadmissible. By federal law, is to determine what effect a request referred to in paragraph 1 Z 4.

(1B) the Constitutional Court can an application for treatment pursuant to par. 1 Z 3 or 4 until the trial decision reject, if he has no reasonable prospect of success. "

14. in article 139 paragraph 3 last sentence after the expression "para 1 No. 3" the expression "or 4" inserted.

15. in article 139, para 4 is omitted the word "immediately".

16 Article 139 is added the following paragraph 7:

"(7) for cases which have given rise to the position of an application referred to in paragraph 1 Z 4, is to determine that the realization of the Constitutional Court, with the regulation as illegal will be repealed, allows for a recent judgment of this case by federal law. This shall apply mutatis mutandis in the event of an Ausspruches in accordance with paragraph 4."

17 article 140 paragraph 1 reads:

"(1) the Constitutional Court recognizes 1 of laws a of unconstitutionality) at the request of the Court;"

(b) by virtue, if he's to apply the law in a case pending before him;

(c) at the request of a person, to be injured directly by this unconstitutional in their rights claims if the law without precipitating a judicial decision or issue a notice for that person has become effective;

(d) at the request of a person, as a party to a case decided by a Court of first instance because of an unconstitutional law in their rights to be violated claiming occasion an appeal against this decision;

2. by federal laws also at the request of a provincial government, one-third of the members of the National Council, or one-third of the members of the Federal Council;

3. State laws also at the request of the Federal Government or, if this is land constitutional law provided, at the request of one-third of the members of the Parliament.

On applications pursuant to Z 1 lit. c and d is paragraph 3 article 89 apply mutatis mutandis."

18. in article 140 inserted following paragraph 1a and 1B:

"(1a) If this is necessary to ensure the purpose of the procedure before the Court, the position of an application referred to in paragraph 1 may subpara 1 lit. d be explained by federal law to be inadmissible. By federal law, it is important to determine what effect a request referred to in paragraph 1 subpara 1 lit. d has.

(1B) the Constitutional Court can the treatment of an application referred to in paragraph 1 subpara 1 lit. c or d refuse until the trial decision, if he has no reasonable prospect of success."

19. in article 140, paragraph 3 is last sentence after the expression "para 1 subpara 1 lit. c"the expression"or d' added.

20. in article 140, paragraph 4 eliminates the word "immediately".

21. Article 140 is added the following paragraph 8:

"(8) for cases which the position of an application referred to in paragraph 1 subpara 1 lit. d have given rise, is to determine that the realization of the Constitutional Court, which repeals the law as unconstitutional by federal law, allows for a recent decision of this case. This shall apply mutatis mutandis in the event of an Ausspruches in accordance with paragraph 4."

22. in article 147, paragraph 6 is replaced by the phrase "The Member or the alternate member" the phrase 'the judge'.

23. in article 148f eliminates the word sequence "in non-public trial".

24. the footnote reference mark "(*)" in article 151 paragraph 11 Z 2 and the footnote to that provision are eliminated.

25. in article 151 paragraph 51 Z 4 eliminates the quote "ABS. 2 last sentence and".

26. in article 151 paragraph 51 No. 6 is the quote "article 9 para 2,".

27. in article 151 which receives through the Federal Act Federal Law Gazette I no. 59 / 2013 attached paragraph 54 the sales designation (53); 54 the following paragraph is added:

"(54) in the version of the Federal Constitution Act, Federal Law Gazette I no. 114/2013 become or override: 1. paragraph 51 Z 4 and 6 with 6 June 2012;"

2. Article 49 paragraph 2 No. 1 with July 1, 2012;

3. Article 7 para. 4, art. 12 par. 1 Z 1, Article 14a para. 1, art. 16 par. 5, article 52 paragraph 4, article 59b paragraph 1 Z 2, article 81a para. 1, art. 127 paragraph 8, article 147 paragraph 6, article 148f, as well as the footnote reference mark "(*)" in para 11 Z 2 and the footnote to that provision at the end of the month of the announcement of this federal constitutional law;

4. Article 94 paragraph 2 with 1 January 2014;

"5. Article 89 para 2 to 4, article 139 paragraph 1, 1a, 1B, 3 last sentence, 4 and 7, and article 140 paragraph 1, 1a, 1B, 3 last sentence, 4 and 8 with 1 January 2015."

Fischer

Faymann