Amendment Of The Federal Constitution Act

Original Language Title: Änderung des Bundes-Verfassungsgesetzes

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114. Federal Constitutional Law, with which the Federal Constitutional Law is amended

The National Council has decided:

The Federal Constitutional Law-B-VG, BGBl. No. 1/1930, as last amended by the Federal Act BGBl. I n ° 59/2013, shall be amended as follows:

(1) In Article 7 (4), the word "Public" by the word "public" replaced.

(2) In Article 12 (1) (1) (1), the following shall be added after the word "Volkspflegestätten" is replaced by a stroke.

(3) In Article 14a (1), the word sequence shall be "Matters of higher education" through the phrase "Affairs of University and Higher Education" replaced.

(4) In Article 16 (5), the phrase "Contracts under international law" through the phrase "of State Contracts" replaced.

5. In Art. 49 (2) (1) (1), the word "authentic" by the word "authentic" replaced.

(6) In Article 52 (4), the word order shall be "Federal law, concerning the rules of procedure of the National Council," through the phrase "Federal Act on the Rules of Procedure of the National Council" replaced.

7. Art. 59b (1) Z 2 reads:

" 2.

Two representatives appointed by the Chairman of the Federal Council with the consent of his deputy, "

(8) In Article 81a (1), the word order shall be "the higher education and art academy" through the phrase "University and higher education" replaced.

9. Art. 89 (2) to (5) shall be replaced by the following paragraphs 2 to 4:

" (2) Has a proper court of law against the application of a regulation on the grounds of illegality, a manifestation of the re-release of a law (state treaty) on the grounds of illegality, a law for the reason of the law If unconstitutional or a state treaty concerns concerns, it has to submit the request for the annulment of this piece of legislation to the Constitutional Court.

(3) If the law to be applied by the ordinary court has already come out of force, the application of the ordinary court to the Constitutional Court has to request the decision that the law would be unlawful, was unconstitutional or unlawful.

(4) By federal law it is necessary to determine which effects an application pursuant to para. 2 or 3 has for the proceedings pending before the ordinary court. "

10. In Art. 94 (2) in the version of the Administrative Court Novel 2012, BGBl. I No 51/2012, the quotation is no longer required "B-VG" .

11. In Art. 127 (8), the phrase "in place" through the phrase "to the place" replaced.

Article 139 (1) reads as follows:

" (1) The Constitutional Court recognises the illegality of regulations

1.

at the request of a court;

2.

on its own account, if it had applied the Regulation in a case pending before it;

3.

at the request of a person who claims to have been infringed directly by that unlawfulness in their rights, if the regulation has become effective without a judicial decision being due or a date on which such a person has been given the right to act;

4.

on the request of a person who, acting as a party to a case decided by a court of ordinary law in the first instance, claims to have been infringed on the grounds of an unlawful regulation, on the grounds of an opposition to that decision the legal means collected;

5.

a federal authority also at the request of a state government or the public prosecutor's office;

6.

a federal state authority also at the request of the federal government or, if the national law has been declared to have jurisdiction in the area of the administration of the country in question, the public prosecutor's office or a body pursuant to Art. 148i (2);

7.

a supervisory authority pursuant to Article 119a (6) also at the request of the municipality, the regulation of which has been repealed.

Article 89 (3) shall apply mutatily to requests pursuant to Z 3 and 4. "

(13) In Article 139, the following paragraphs 1a and 1b shall be inserted:

" (1a) If this is necessary in order to ensure the purpose of the proceedings before the ordinary court, the position of an application in accordance with paragraph 1 Z 4 may be declared inadmissible by federal law. Federal law shall determine the effect of an application in accordance with paragraph 1 Z 4.

(1b) The Constitutional Court may reject the treatment of an application pursuant to paragraph 1 (1) (3) or (4) until the hearing by a decision if it does not have a sufficient prospect of success. "

14. In the last sentence of Art. 139 (3), the term " " 1 Z 3 " the expression "or 4" inserted.

15. In Art. 139 (4), the word "immediate" .

(16) Article 139 is added to the following paragraph 7:

" (7) For cases which have given rise to the position of an application in accordance with paragraph 1 Z 4, federal law must stipulate that the recognition of the Constitutional Court, with which the regulation is repealed as unlawful, is a new one. This case has been made possible. This shall apply in the case of an opposition pursuant to paragraph 4. "

17. Article 140 (1) reads:

" (1) The Constitutional Court recognises unconstitutionality

1.

of laws

a)

at the request of a court;

b)

on its own account, if it had to apply the law in a case pending before it;

c)

at the request of a person who is directly infringed by that unconstitutionality in his rights, if the law has become effective without a judicial decision being due or if a complaint has been made for that person is;

d)

on the request of a person who, acting as a party to a case determined by a court of ordinary law in the first instance, claims to be infringed on account of the application of an unconstitutional law in her rights, on the occasion of a case against that person Decision by means of appeal;

2.

by federal laws also at the request of a federal state government, one third of the members of the National Council, or one third of the members of the Bundesrat;

3.

by Land laws also at the request of the Federal Government or, if this is provided for by the national constitutional law, at the request of one third of the members of the Landtag.

For applications according to Z 1 lit. (c) and (d) Article 89 (3) shall apply mutatily. "

18. The following paragraphs 1a and 1b shall be inserted in Article 140:

" (1a) If this is necessary in order to ensure the purpose of the proceedings before the ordinary court, the position of an application in accordance with paragraph 1 (1) (1) may be lit. d be declared inadmissible by federal law. Federal law shall determine the effect of an application pursuant to paragraph 1 (1) (1) (lit). d.

(1b) The Constitutional Court may consider the treatment of an application in accordance with Section 1 (1) (1) (1) lit. c or d refuse to negotiate by decision if it does not have a sufficient prospect of success. "

19. In the last sentence of Art. 140 (3), the term " " 1 Z 1 lit. c " the expression "or d" inserted.

20. In Art. 140 (4), the word "immediate" .

(21) Article 140 is added to the following paragraph 8:

" (8) For cases relating to the position of an application in accordance with paragraph 1 (1) (1) (lit). d have given rise to the ruling by federal law that the recognition of the Constitutional Court, with which the law is repealed as unconstitutional, allows a new decision of this case. This shall apply in the case of an opposition pursuant to paragraph 4. "

22. In Article 147 (6), the phrase "the judge" through the phrase "the member or the substitute member" replaced.

23. In Art. 148f the word sequence is deleted "in Non-Public Negotiation" .

24. The footnote sign "*)" in Article 151 (11) (2) and in the footnote to that provision.

25. In Art. 151 (51) (4), the citation is not required " 2 last sentence and " .

26. In Art. 151 (51) (6), the citation is not required " Art. Article 9 (2), " .

27. In Art. 151, the Federal Act of BGBl shall be granted. (No 59/2013), paragraph 54, of the sales designation "(53)" ; the following paragraph 54 is added:

" (54) In the version of the Federal Constitutional Law BGBl. I No 114/2013 will be available in except for power:

1.

51 Z 4 and 6 with 6 June 2012;

2.

Art. 49 (2) (1) with 1 July 2012;

3.

Art. 7 (4), Art. 12 (1) Z 1, Art. 14a (1), Art. 16 (5), Art. 52 (4), Art. 59b Para. 1 (2), Art. 81a (1), Art. 127 (8), Art. 147 (6), Art. 148f, and the footnote "*)" in paragraph 11 (2) and the footnote to that provision with Expiry of the month of the presentation of this Federal Constitutional Law;

4.

Art. 94 (2) with 1. Jänner 2014;

5.

Art. 89 (2) to (4), Art. 139 (1), (1a), (1b), (3), last sentence, 4 and 7, and Article 140 (1), (1a), (1b), (3), last sentence, (4) and (8) with 1. Jänner 2015. "

Fischer

Faymann