Verwaltungsgerichtsbarkeits Amendment To 2012

Original Language Title: Verwaltungsgerichtsbarkeits-Novelle 2012

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997459/verwaltungsgerichtsbarkeits-novelle-2012.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
51. Federal law, the Federal Constitution Act, the financial Constitution Act, 1948, the financial Penal Code, the Federal Act 1969 modifies the disability setting law, the Federal Social Welfare Office, the environmental compatibility verification Act 2000, the Gazette law, the Supreme Administrative Court Act of 1985 and the Constitutional Court Act 1953 changed and lifted some federal constitutional laws and constitutional provisions contained in simple laws of Federal (Verwaltungsgerichtsbarkeits-Novelle 2012)

The National Council has decided:

Article 1

(Constitutional provision)

Amendment of the Federal Constitution Act

The Federal Constitution Act, Federal Law Gazette No. 1/1930, last amended by Federal Law Gazette I no. 60/2011, is amended as follows:

1. in article 10 para 1 subpara 1 is the offence of "Administrative justice;" is replaced by the offence of "Administrative jurisdiction with the exception of the organisation of the administrative courts of countries;".

2. in article 10 paragraph 1 Z 3 the facts '- and emigration' the facts "- and emigration including the stay right reasons worthy of consideration" will be replaced.

3. in article 10 paragraph 1 Z 8 is after the fact "Fight against unfair competition;" the offence of "Antitrust," added.

4. in article 11, paragraph 2 is omitted the phrase "in particular in the issues of the tax system,".

5. article eliminates 11 paragraph 7 and 8; the previous paragraph 9 receives the sales designation (7).

6 article deleted 12 para 2 and 3; the previous paragraph 4 is (2) paragraph labeled.

7. in Article 14a paragraph 5, first sentence, and article 148a para 3 is no. 3 refer each "or" replaced by the word "respectively".

8 article of 14b, paragraph 5, second sentence, reads:

"Paragraph 4 and article 42a are to apply mutatis mutandis to such regulations."

9 article eliminates 14 b para 6.

10. Article 15, paragraph 5 is omitted.

11. in article 15 paragraph 6 penultimate sentence is replaced the word "federal legislature" by the word "Federal".

12. Article 15, paragraph 7 is eliminated.

13. in article 18, para 5 the word "Country estate" is replaced by the word "Federal property".

14 article 20 para 2 subpara 2 reads:



"2. for the control of the legality of the Administration," 15 article 20 para 2 No. 3 is required; the previous Z 4-5a will receive the digit designations "3" to "5.".

16. in article 20 para 2 last sentence is the quote "No. 2, 3, 5a and 8" replaced by the quote "Nos. 2, 5 and 8".

17. in article 21 para 1 last sentence is the word "Courts" the word "ordinary" inserted.

18 article 22 reads:

"Article 22. All organs of federal, the countries, the municipalities and the municipal associations of other self-governing are committed to mutual assistance within the scope of their legal effect."

19. in article 23f para 2, the word "Commission" is replaced by the phrase 'European Commission'.

20. under article 42, the following article 42a is inserted:

'Article 42a. As far as an enactment of the National Council of the approval of the countries needed, he is the offices of the provincial governments of the countries concerned immediately after completion of the procedure laid down in article 42 of the Chancellor to announce. The agreement is considered to have been granted if the Governor within a period of eight weeks from the day where the enactment at the Office of the provincial government is reached, the Chancellor announced that the consent is refused. Before the expiration of date the by-laws of the law decision may occur only if the land Premiers of the countries concerned have informed consent for the country."

21. in article 43, the expression "respectively in accordance with article 42a" is inserted after the expression "in accordance with article 42".

22 article 49 paragraph 2 reads:

"(2) the treaties referred to in article 50 are 1 to be published by the Federal Chancellor in the Federal Law Gazette. Is a State Treaty in accordance with article 50 laid down paragraph 1 authentic No. 1 in more than two languages, it is sufficient if



1. two authentic language versions and a translation into German, 2. If however the German language version is authentic, these and other authentic language version will be published. On the occasion of the approval of a treaty in accordance with article 50, the National Council may decide para 1, which otherwise has to be carried out in the Federal Law Gazette of to 87A the by-laws of the Treaty or individual parts of thereof; such decisions of the National Council are to be announced by the Chancellor in the Federal Law Gazette. Unless expressly otherwise determined, state contracts in accordance with article 50 paragraph 1 at the end of the day of their by-laws - in the case of the third set at the end of the day of the announcement of the decision of the National Council - into force and apply to the entire Federal territory. "this does not apply for State contracts that meet are through enactment of laws (art. 50 para. 2 Z 4)."

23 art. 50 para. 2 No. 2 is:



"2. to the extent that a State Treaty governs matters of the independent sphere of countries, he needs the consent of the Federal Council."

24. in article 50, paragraph 2 is inserted following Z 3:



"(3. ist ein Staatsvertrag in mehr als zwei Sprachen authentisch festgelegt Worden, reicht es aus, wenn die Genehmigung nach ABS. 1 a) on the basis of two authentic language versions and a translation into German, b) However, if the German language version is authentic, is carried out on the basis of this and of other authentic language version."

25. in article 50, paragraph 2 is the previous Z 3 digit named "4.".

26. in article 50 paragraph 3, the expression "No. 3" is replaced by the expression "No. 4".

27 article 81a para 4, last sentence is omitted.

28. in article of 81b paragraph 3, first sentence, the phrase "first instance" is omitted.

29 Article 81c paragraph 3 is omitted.

30. the heading to part B of the third main section is as follows:

"As ordinary courts"

31 article 82 paragraph 1 reads:

"(1) the ordinary courts are based from the Federal Government."

32. Article 83 para 1 is as follows:

"(1) the Organization and the competence of the ordinary courts are regulated by federal law."

33. in article 86 (1) and article 87 paragraph 3 is, second sentence, the phrase "the court system" replaced by the word "Act".

34. Article 87 para 3 first sentence reads:

"The shops are on the judges of the ordinary court of the time determined by federal law to distribute in advance."

35. in article 88, paragraph 2 is replaced by the phrase "a change in the organisation of Justice" the phrase "Changes in the Constitution of the courts".

36. Article 88 paragraph 3 reads:

"(3) the temporary removal of the judge from Office may take place only by Decree of court head judge or the parent judicial authorities with concurrent referral of the case to the competent court."

37. article 88a is as follows:

'Article 88a. By federal law, it can be determined that at a higher court, places can be provided for substitute judges. The number of district judges must not exceed 3 vH of the judges are existing in the subordinate courts. The use of substitute judges in the subordinate courts and, where appropriate, the parent Court itself is determined by the Senate of the parent ordinary court do so appointed by federal law. "Substitute judges may only with the substitution of judges of subordinated ordinary courts or judges of the parent ordinary court itself and only in the case of the prevention of this judge or then entrusted when these judges because of the scale of their tasks to accomplish are prevented within a reasonable period of time."

38. in article 89 paragraph 1 is inserted the word "ordinary" before the word "Courts".

39. in article 89 para 2 first and second sentence is the word before the word "Court" insert "proper".

40. in article 89 paragraph 3 is inserted the word "ordinary" before the word "Court".

41. in article 89 para. 3 and 5, and article 90 paragraph 1 is before the word "Court" the word "ordinary" inserted.

42. in article 90a the word is inserted before the word "Jurisdiction" "ordinary".

43. the existing text of article 94 is paragraph labeled (1); the following paragraph 2 is added:

"(2) by federal or state law an appeal can be provided in individual Affairs instead of collecting a complaint to the Administrative Court of the administrative authority of the ordinary courts. In matters pertaining to the enforcement of the Federal Government not directly concerned by federal authorities, federal laws in accordance with the first sentence only with the consent of the countries will be published as well as in matters pertaining to articles 11, 12, 14 paragraph 2 and 3 and 14a para 3 and 4 May. For State laws in accordance with the first sentence article 97 shall B-VG para 2 apply mutatis mutandis."

44. Article 97 para 2 is as follows:


"(2) to the extent that a State law when the execution foresees the participation of federal institutions, the Federal Government's approval must be obtained do so. Such law decisions are to announce the Federal Chancellor's Office immediately after the decision of the Parliament by the Governor. The agreement is considered to have been granted, if the Federal Government within a period of eight weeks after the date of enactment at the Federal Chancellery is reached where, the Governor announced that denies the involvement of federal institutions. Before the expiration of date the by-laws of the law decision may only occur if the Federal Government has expressly agreed to."

45. in article 97 para 4 replaces the word "Country estate" the word "Land assets".

46. Article 98 is eliminated.

47. under article 101, the following Article 101a shall be inserted:

'Article 101a. The proclamation of the legislation in the country Gazette to verlautbarenden can be done in the framework of the legal information system of the Federal Government."

48. in article 102 paragraph 2 are for the offence of "Control and surveillance of entry into the country and exit out of it;" the offence of "Right of residence into account worthy reasons;" and after the fact "Arms, ammunition and explosives beings, shooting creatures;" the offence of "Antitrust," added.

49. Article 103 paragraph 4 deleted.

50th article 109 reads:

"Article 102 article 109. paragraph 1 shall apply to the federal capital Vienna with the proviso that not own as far as federal authorities are the enforcement of the Federal Government, (direct Federal Administration), the Mayor as a provincial Governor and the City Council as a district administrative authority mandated exercise (indirect Federal Administration)."

51. Article 111 is eliminated.

52. in article 112, the phrase "Article 108 to 111" is replaced by the phrase "Article 108 and 109".

53. in article 115, paragraph 2 is inserted the phrase "including a possible exclusion of instance turn" after the word "Affairs".

54. in article 117, paragraph 8 is replaced by the phrase "the laws of the country" the phrase "the State".

55. in article 118 para 3 Z 9 eliminates the phrase ", as far as they are not state-owned building, the public purposes (art. 15 para. 5) has".

56. Article 118 paragraph 4 reads:

"(4) the community is the Affairs of the own sphere within the framework of the laws and regulations of the Federal Government and of the country under their own responsibility to get instructions and excluding an appeal to administrative bodies outside the municipality. In the Affairs of the own area of effect is a two-stage appeal; This cannot be excluded by law. In the Affairs of the own area of effect a right of supervision over the Community (art. 119a) comes to the Federal Government and the country."

57. article 119a sec. 5 is omitted.

58. article 119a sec. 9 reads:

"(9) the community is party to the regulatory proceedings and has the right to raise the complaint with the Administrative Court (art. 130 and 132). It is party to the proceedings before the Administrative Court and has the right to collect audit at the Administrative Court (art. 133) and appeal at the Constitutional Court (art. 144)."

59. in article 127c the semicolon shall be replaced at the end of the No. 3 by one point; No. 4 is omitted.

60. articles 129 to 136, including section headings are replaced by the following section:

"A. Administrative Justice"

Article 129. For each country is an Administrative Court of the country. Federal Administrative Tribunal as Federal Administrative Court to Bank and finance Federal Administrative Tribunal as Federal Finance Court to Bank are for the Federal Government.

Identify the administrative courts Article 130 (1) complaints



1. against the decision of an administrative authority due to illegality;

2. against the exercise of immediate management regulatory command and coercive power because of illegality;

3. due to breach of decision by an administrative authority;

4. against the directives referred to in article 81a para 4.

(2) by federal or state law to other competences of the administrative courts to decide about



1. complaints of unlawfulness of conduct of an administrative authority in the enforcement of laws or 2. complaints of unlawful of behavior of a principal in the Affairs of public procurement, or 3 be provided disputes in staff matters of public servants. In matters pertaining to the enforcement of the Federal Government not directly concerned by federal authorities federal laws according to Z will be published, as well as in matters pertaining to articles 11, 12, 14 paragraph 2 and 3 and 14a para 3 and 4 May 1 only with the consent of the countries.

(3) except in administrative penal cases and in cases belonging to the jurisdiction of the Administrative Court of the Federal Finance illegality does not exist as far as the law of Administration admits discretion and it has practiced this in accordance with the law.

(4) complaints referred to in paragraph 1 has no. 1 in administrative penal cases to decide the Administrative Court in the case itself. Complaints referred to in paragraph 1 Z 1 in other cases has then to decide the Administrative Court in the case itself if



1. the relevant facts is established or 2. the determination of the relevant facts of the case by the Administrative Court in the interest of the rapid is situated or associated with a significant cost savings.

(5) cases that belong to the competence of the ordinary courts or the Constitutional Court are excluded from the jurisdiction of the administrative courts.

Article 131 (1) as far as from para 2 and 3 not different results, the administrative courts of the countries recognize complaints under article 130 paragraph 1.

(2) unless otherwise results from paragraph 3 does not, the Administrative Court of the Federation on complaints in accordance with article 130 recognizes para 1 in cases in matters pertaining to the enforcement of the Federal Government, which are directly concerned by federal authorities. A law in accordance with article 130 provides a jurisdiction of administrative courts para. 2 No. 2 recognizes the Administrative Court of the Federal complaints in cases in matters of public procurement that are 1 in federal enforcement in accordance with Article 14b 2 Z. A law in accordance with article 130 provides a jurisdiction of administrative courts para 2 No. 3, recognizes the Administrative Tribunal of the Federal Government over disputes concerning staff of public servants of the Federal Government.

(3) the Administrative Court of the Federal Finance recognizes para 1 Z 1 to 3 cases in matters of public duties (with the exception of the administrative duties of the Federal, State and municipal) and financial criminal law, as well as in other legal matters complaints in accordance with article 130, as far as the above matters are concerned directly by the tax or financial federal criminal authorities.

(4) by federal law can



1. a jurisdiction of administrative courts of countries be provided: in cases in the matters referred to in paragraph 2 and 3;

2. jurisdiction of administrative courts of the Federation be provided: a) in cases in matters of environmental impact assessment for projects, where significant effects on the environment is expected to (article 10 paragraph 1 Z 9 and article 11 par. 1 Z 7);

(b) in other cases in matters pertaining to the enforcement of the Federal Government not directly concerned by federal authorities are, as well as in matters pertaining to articles 11, 12, 14 (2 and 3) and 14a (3).

Federal laws pursuant to no. 1 and no. 2 lit. b may be published only with the consent of the countries.

(5) by State law, a jurisdiction of administrative courts of the Federation may be provided in cases in the Affairs of the independent sphere of countries. Article 97, paragraph 2 shall apply mutatis mutandis.

(6) on appeals in cases in which a law in accordance with article 130 a jurisdiction of administrative courts stipulates para 2 subpara 1, identify the administrative courts in this matter in accordance with paragraphs 1 to 4 of this article. The administrative courts of countries recognize no jurisdiction is given, in accordance with the first sentence about such complaints.

Article 132 (1) against the decision of an administrative authority can raise complaints because of illegality:



1. Whoever claims to be hurt by the decision in his right hand;

2. the competent Federal Minister in cases in a matter of articles of 11, 12, 14 paragraph 2 and 3 and 14a para 3 and 4 or in cases in which a collegial decision underlies the decision of a country or District School Board.

(2) against the exercise of immediate management regulatory command and coercive power complaint may raise because of illegality, who claimed to be hurt through it in his right hand.

(3) breach of the duty of decision appeal may charge who claims to be entitled during the administrative procedure as a party to the obligation of the decision.

(4) against the directives referred to in article 81a para 4, the School Board on the basis of a decision of the College can raise complaints.


(5) who can raise a complaint as the cases referred to in paragraphs 1 and 2 and in the cases where a law in accordance with article 130 a jurisdiction of administrative courts stipulates paragraph 2 because of illegality in others, to determine the federal or land laws.

(6) in the Affairs of the own area of effect of the municipality, complaint to the administrative court may be brought only after exhaustion of instance turn.

Article 133 (1) recognizes the Administrative Court of



1. revisions to the realization of an administrative court for unlawfulness;

2. Requests for deadline due to breach of the decision by an administrative court;

3. conflicts of jurisdiction between administrative courts or an administrative court and the administrative court.

(2) other responsibilities of the administrative court to rule on applications for an ordinary court for declaration of illegality of a decision or a decision of an administrative court can be provided by federal or state law.

(3) unlawful does not exist as far as the Administrative Court has exercised discretion in accordance with the law.

(4) to a knowledge of the Administrative Court, the revision is allowed, if it depends on the solution of a question of law, of fundamental importance, in particular because it differs cognition from the jurisdiction of the Administrative Court, lacks such a law or the legal question to be resolved in the previous case law of the Administrative Court is not uniformly answered. The realization has only a small fine on the subject, can be provided by federal law, that the revision is not permitted.

(5) cases that belong to the competence of the Constitutional Court are excluded from the jurisdiction of the administrative court.

(6) against the realization of an administrative court audit can raise because of illegality:



1. who claims knowledge in his rights to be violated by the;

2. the judge authority of the proceedings before the Administrative Court;

3. the competent Federal Minister in the article 132 § 1 Z 2 mentioned cases;

4. the Board of education on the basis of a decision of the College in the article 132 paragraph 4 mentioned cases.

(7) due to breach of decision can an application deadline to claim in the proceedings before the Administrative Court as a party to the obligation of decision to be entitled.

(8) who may charge revision other than the cases referred to in paragraph 6 due to illegality, to determine the federal or land laws.

(9) on the decisions of the administrative courts, the provisions of this article on their findings are to be applied mutatis mutandis. Extent to which revision can be brought against decisions of the administrative courts, the special federal law controlled the Organization and the procedure of the administrative court determines.

The administrative courts and the Supreme Administrative Court consist of article 134 (1) ever a President, a Vice-President and the required number of other members.

(2) the President, the Vice-President and the other members of the Administrative Court of a country appoints the provincial government; This has, as far as it is not the Office of the President or the Vice President, to obtain three proposals of the General Assembly of the administrative court or one from their midst of to be elected Committee, which has to be Vice President and at least five other members of the Administrative Court of the country of the President. The members of the administrative courts of countries must have completed the study of law, or the law and political science studies and have a five-year legal experience.

(3) the President, the Vice-President and the other members of the administrative courts of the Federal Government appoints the Federal President on a proposal from the Federal Government; This has, as far as it is not the Office of the President or the Vice President, to obtain three proposals of the General Assembly of the administrative court or one from their midst of to be elected Committee, who insist the Vice President and at least five other members of the Federal Administrative Court has from the President. The members of the Administrative Court of the Federation must have completed the study of law, or the law and political science studies and have a five-year legal experience, the members of the Administrative Court of the Federal for finance must have completed a relevant Bachelor and have a five-year relevant experience.

(4) the President, the Vice-President and the other members of the administrative court appoints the Federal President on a proposal from the Federal Government; These refunded insofar as it is not the position of the President or the Vice President, on the basis of three proposals of the General Assembly of the administrative court from among its members of to be elected Committee, which has to be the Vice President and at least five other members of the Administrative Court of the President, their proposals, or one. The members of the administrative court must have completed the study of law, or the law and political science studies and have a ten-year legal experience. At least the fourth part should probably be taken from professional positions in countries from the administrative service of the countries.

(5) members of the Federal Government, a provincial government, Council, Federal Council, a State Parliament or the European Parliament can not belong to the administrative courts and the Supreme Administrative Court, the Administrative Court of also members of other general representative body; for members of a general representative body or of the European Parliament, who were elected on a specific legislative or mandate, the incompatibility among premature abandonment of the mandate continues until the end of the legislative or mandate.

(6) can be declared the President or Vice-President of the administrative court or the Administrative Court, who has exercised one of the functions referred to in paragraph 5 in the last five years.

(7) the members of the administrative courts and the Administrative Court are judges. Article 87 paragraph 1 and 2 and article 88 are paragraphs 1 and 2 shall apply by analogy to, that the age limit, with which the members of the administrative courts of the countries in the ongoing retirement or their employment ends, is determined by State law.

(8) the service prerogative with regard to the at the administrative court officials by the President exercised.

See article 135 (1) the administrative courts by judge sitting alone. In the law on the procedure of administrative courts or in federal or state laws can be provided that the administrative courts by Senate rule. The size of the Senate is set by the law on the Organization of the administrative court. The Senate are made up of the members of the Administrative Court and, as far as in federal or state laws from one in this number to be determined by specialized magistrates to make the participation of specialized lawyer on the case-law is intended by the General Assembly or a Committee to elect from among their number, which has to consist of the President, Vice President and a number of other members of the administrative court to be determined by law. To the extent that a federal law provides that an administrative court in the country in Senates has to decide or that specialized magistrates involved in the case-law, the consent of the countries concerned must be obtained do so. The Administrative Court recognizes by Senate, that are to form the members of the Administrative Court by the General Assembly or a Committee to elect from among their number, which has to be the Vice President and a number of other members of the administrative court to be determined by law of the President.

(2) the administrative court to besorgenden transactions are to be elected to the General Assembly or one of their own Committee, which has to be the Vice President and a number of other members of the administrative court to be determined by law, to distribute in advance on the judge and the Senate for the statutory period of time from the President,. By the administrative court to besorgenden shops are by the General Assembly or a Committee to elect from among their number, which has to be the Vice President and a number of other members of the administrative court to be determined by law, of the President, to distribute to the Senate for the statutory period of time in advance.

(3) one after the business distribution may cause falling to a member him only by the body responsible in accordance with paragraph 2, and only in the case of his incapacitation or then be removed if it is prevented because of the scale of his task to accomplish within a reasonable period of time.

(4) article 89 is to apply mutatis mutandis to the administrative courts and the Supreme Administrative Court.


Article 135a. (1) in the law on the Organization of the Administrative Court, the care of individual, precisely to 87A types of transactions can be transferred to specially trained non judicial staff.

(2) the Commissioner of the administrative court according to the allocation of business can at any time reserve the execution of such transactions or to pull.

(3) in the care of the transactions referred to in paragraph 1, the non judicial staff only on the instructions of the competent according to the distribution of business member of the Administrative Court are bound. Article 20 para 1 third sentence shall apply.

Article 136 (1) the organisation of the administrative courts of the countries is governed by State law, the organisation of the administrative courts of the Federation by federal law.

(2) the procedure of administrative courts with the exception of the Administrative Court of the Federal Finance is regulated uniformly by a special federal law. The Federal Government has to give the countries the opportunity, to participate in the preparation of such legislation. By federal or state law, regulations on the procedure of administrative courts can be taken if they are required for the control of the subject or unless authorized the special federal law referred to in the first sentence.

(3) the procedure of the Administrative Court of the Federal Finance is governed by federal law. Also the tax proceedings before the administrative courts of the countries can be governed by federal law.

(4) the Organization and the procedure of the Administrative Court are governed by a special federal law.

(5) the General Assemblies of the administrative courts and the administrative court decide on the basis of the laws adopted pursuant to the preceding paragraphs. rules of procedure"

61. Article 131 paragraph 3 reads:

"(3) the administrative court can the treatment of a complaint against a decision of an independent Administrative Tribunal, the independent financial Senate or authority pursuant to article 20 para 2 reject Z 2 or 3 by decision if depends on the decision from the solution of a question of law of fundamental importance, in particular because the decision of the case law of the administrative court deviates, lacks such a law or the legal question to be resolved in the previous case law of the Administrative Court is not uniformly answered" ", in administrative penal cases and financial criminal cases but only if a small fine was imposed."

62. Article 134 paragraph 3 reads:

"(3) the members of the administrative court must have completed the study of law, or the law and political science studies and have a ten-year legal experience. At least the fourth part should be taken probably from professional positions in the countries, from the administrative service of the countries."

63. the heading to section D of the seventh main piece is replaced by the following heading:

"B. Constitutional Gerichtsbarkeit"

64. Article 138 para 1 No. 2 is:



"2. between ordinary courts and administrative tribunals or the Administrative Court and the Constitutional Court itself and all other courts;"

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

5. 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;

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

On applications pursuant to no. 3 article 89 is para 3 apply accordingly."

66. Article 139 paragraph 3 reads:

"(3) the Constitutional Court allowed a regulation only in so far as illegal lift, as their lifting was expressly requested or as if he had to apply them in his pending case. The Constitutional Court reaches however believes that the whole regulation



1. the legal basis is adopted 2 by an incompetent authority was or 3rd in illegal way was published, so he has the whole regulation as illegal to pick up. This does not apply, if the repeal of the whole regulation obviously runs counter to the legal interests of the party that has submitted a request pursuant to paragraph 1 No. 3 or whose Rechtssache gave occasion for the official introduction of the regulation review process."

67. in article 139 paragraph 4 first sentence is omitted the phrase ", by an independent administrative Senate of the Federal Procurement Office".

68. Article 139a reads:

"Article 139a. The Constitutional Court recognizes about illegality by proclamations of the municipality via the return statement of a law (Treaty). Article 139 is to apply mutatis mutandis."

69. Article 140 paragraph 1 reads:

"(1) the Constitutional Court recognizes about unconstitutional



1. laws a) at the request of the Supreme Court, a second instance competent ordinary court, an administrative court or the Administrative 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;

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 is paragraph 3 article 89 apply mutatis mutandis."

70. Article 140 paragraph 3 last sentence reads:

"This does not apply if the repeal of the entire law obviously runs counter to the interests of the party, that a request referred to in para 1 subpara 1 lit. c has made or whose case has given occasion for the official introduction of the law due diligence process."

71. in article 140 paragraph 4 first sentence is omitted the phrase ", by an independent administrative Senate of the Federal Procurement Office".

72. Article 140a reads:

'Article 140a. The Constitutional Court recognizes about illegality of State contracts. On the political and law-changing complementary law treaties and the treaties modifying the contractual basis of the European Union, article 140 is on all other State contracts with the following stipulations apply accordingly article 139:



1. a State contract, whose constitutional or law the Constitutional Court determines is at the end of the day of the announcement of the decision of the bodies appointed to its completion no longer apply, if not the Constitutional Court determines a time-limit within which the Treaty continue to apply is. This period must not exceed one year political, law-changing and law Supplemental State contracts and state contracts, the contractual basis of the European Union, modifying two years, all other State contracts.

2. in addition, occur an arrangement that the Treaty through the issuing of regulations is to meet, or a decision that the Treaty through the enactment of laws is to meet force with expiration of the day of the announcement of the decision."

73. in article 141, paragraph 1 lit. c is the phrase "at the request of at least eleven members of the European Parliament of the Republic of Austria, on loss of the mandate of a member of the European Parliament of the Republic of Austria;" is replaced by the phrase "at the request of at least half of the members of Parliament mandate loss of one of those members of the European Parliament elected in Austria".

74. Article 141 para 1 lit. d and e is by following lit. (d) replaced to g:



"(d) at the request of a municipality Council on mandate loss of a member of the organ entrusted with the enforcement of the community with regard to this function, and at the request of a statute giving organ (representative body) a legal professional representation on loss of mandate one of its members;

(e) on appeals against the outcome of referendums, plebiscites, referendums and European civil society initiatives;

f) concerning the inclusion of people in voters evidence and the deletion of people from voters evidence;

(g) on the challenge of independently actionable decisions and administrative decisions in cases he lit. a to f."

75. Article 141 para 1 second to fourth set is:


"The challenge in accordance with letter. a, b, e, f and g can be formed on the alleged illegality of the procedure, request for lit. c and d on grounds provided for by law for the loss of membership in a general representative body, the European Parliament, a body entrusted with the execution a community or a statute giving organ (representative body) a statutory professional representative. The Constitutional Court has to accept a challenge if the alleged illegality of the procedure has been proven and was on the procedure result of influence. In proceedings before the administrative authority also the General representative body and the statutes giving organ (representative body) of the statutory professional representative party position have."

76. Article 141 para 3 is omitted.

77. Article 144 is as follows:

"The Constitutional Court recognizes article 144 (1) complaints against the realization of an administrative court, insofar as the complainant by the claimed recognition in a Constitution legally guaranteed right or because of application of illegal regulation, to be an illegal announcement about the return statement of law (Treaty), an unconstitutional law or an illegal Treaty in his right hand injured.

(2) the Constitutional Court may refuse the handling of a complaint until the trial decision, if it has no reasonable prospect of success or the decision not to expect a constitutional question.

(3) the Constitutional Court finds that the contested realization of the administrative court a right within the meaning of paragraph 1 was hurt, he has the appeal to the decision as to whether the appellant was injured through the knowledge in any other right to cede the administrative court at the request of the complainant. Decisions referred to in paragraph 2, the first movement is to apply mutatis mutandis.

(4) on the decisions of the administrative courts, the provisions of this article on their findings are to be applied mutatis mutandis. Extent to which an appeal can be filed against decisions of administrative courts, which determined the special federal law controlled the Organization and procedure of the Constitutional Court.

(5) as far as the admissibility of the revision to the contents has knowledge or the decision of the Administrative Court, is inadmissible. a complaint referred to in paragraph 1"

78. Article 144 is eliminated.

79 article 147 paragraph 3 reads:

"(3) the members and the substitute members of the Constitutional Court must have completed the study of law, or the law and political science studies and have ten years of legal professional experience."

80. Article 147 is added the following paragraph 8:

"(8) the service prerogative with regard to the at the Constitution Court officials by the President exercised."

81. Article of 148b paragraph 1 first sentence reads:

"All organs of federal, the countries, the municipalities and the municipal associations of other self-governing have to assist the Ombudsman in the performance of their tasks, to grant access to their files, and to furnish the necessary information."

82. Article 148e is eliminated.

83. Article 148i paragraphs 1 and 2 is:

'(1) by land constitutional law can the countries which explain the Ombudsman in the field of the administration of the country concerned for responsible; Article 148f is case to apply mutatis mutandis.

(2) provide facilities for the area of land administration the countries with similar tasks, such as the Ombudsman, can be made by land constitutional law a provision corresponding to article 148f."

84. Article 151 is added the following paragraph 51:

"(51) for the entry into force of the Federal Act Federal Law Gazette I no. 51 / 2012 modified or inserted provisions and for the expiry of the provisions repealed by this federal law, as well as for the transition to the new legal situation, the following applies:"



1. the organizational and personnel measures necessary for the establishment of administrative courts can be made already I no. 51/2012 at the end of the day of the announcement of the Federal Law Gazette. Article 134 shall apply for appointments of members of the administrative courts, which take place before January 1, 2014, para 2, 3, 5 and 6 in the version of Federal Law Gazette I no. 51/2012 with the proviso that not obtaining are three proposals of the General Assembly of the administrative court or a Committee to elect from among their number.

2. has a right to appointment as a member of the respective Federal Administrative Court: a) who is on July 1, 2012, Chairman, Deputy Chairman or Chairman of the Senate of the Federal Procurement Office and applying to the appointment as member of the Federal Administrative Court and has the personal and professional fitness for the tasks associated with the intended use;

(b) a person who is a member of the independent financial Senate on July 1, 2012 and to apply to the nomination as a member of the Administrative Court of Federal Finance and the personal and professional fitness for the tasks associated with the intended use is.

3. the President and the Vice President of the Federal Administrative Court are by the Federal Government within six weeks after the end of the day of the announcement of the Federal Act Federal Law Gazette I to order No. 51/2012.

4. the request for appointment to the other Member of the respective Federal Administrative Court can be placed until the end of December 31, 2012. The requirements of article 134 paragraph 2 last sentence and paragraph 3 last sentence shall be deemed for such applicants. The Federal Government decides on the appointment of such candidates until the end of the 28th February 2013. People, their advertising is rejected, have the right, against the negative decision appeal in accordance with article 130 paragraph 1 lit. to charge (a) at the Administrative Court and in accordance with article 144 at the Constitutional Court.

5. the right to nomination as a member of the administrative courts of the countries and the appointment procedures are to govern according to similar principles by State law.

6 article 9 para. 2, art. 10 para 1 No. 3, article 10 para 1 Z 8, article 11 par. 2, Article 14a paragraph 5 first sentence, article of 14 (b) of paragraph 5, second sentence, article 15 para. 6 penultimate sentence, article 18 par. 5, article 22, article 23f para. 2, art. 42a, article 43, article 49 para. 2, art. 50 para. 2 and 3 , Article 97 para 2 and 4, Article 101a, article 102 paragraph 2, article 117 paragraph 8, article 118 para 3 Z 9, art. 127c Z 3, art. 140a, article 147 para. 3, art. 148a para 3 Z 3 and art. 148b paragraph 1 first sentence as amended by Federal Law Gazette I no. 51/2012 and article 131 para 3 as amended by article 1 Z 61 and article 134 paragraph 3 as amended by article 1 Z 62 of this Federal Act appear at the end of the month of the by-laws in force; at the same time, 15 paragraph 5, article 98 or article 127 c Z 4 override occur article. Article 10 para 1 Z 1, art. 11 para 9 (para. 7 new), article 12 paragraph 4 (paragraph 2), article 20 para. 2, art. 21 para 1 last sentence, article of 81B para 3 first sentence, the heading to section B of the third main section, article 82 para. 1, art. 83 para. 1, art. 86 para. 1, art. 87 par. 3, article 88 para 2 and 3 , Article 88a article 89 para 1 to 3 and 5, article 90 article 90a, article 94, article 109, article 112, paragraph 1, article 115 par. 2, article 118 par. 4, art. 119a sec. 9, articles 129 to 136, including section headings (section A new of the seventh main piece), the heading to section D (new section) of the seventh main piece, article 138 para 1 No. 2 , Article 139 paragraph 1, 3 and 4 first sentence, article 139a, art. 140 par. 1, 3 last sentence and 4 first sentence, article 141 article 144, paragraph 1, article 147 paragraph 8, article 148i paragraphs 1 and 2, and the system in the version of Federal Law Gazette I no. 51/2012 apply with 1 January 2014; happening article 11 paragraph 7 and 8, article 12 para 2 and 3, article 14b, para. 6, art. 15 paragraph 7, article 81a para 4 last sentence, article 81c par. 3, article 103 Article 111, art. 119a sec. 5, paragraph 4, article 141 para 3, articles 144 and 148e override.

7. by 1 January 2014, the asylum Court is to the Administrative Tribunal of the Federal Government; the members of the asylum Court become members of the Federal Administrative Court.

8. by 1 January 2014 the independent Administrative Senates in the countries, the federal public procurement office and the independent financial Senate are (in the following: independent administrative authorities) dissolved; the administrative authorities referred to in the annex are also (in the following: other independent administrative authorities) resolved. The responsibility passes to the continuation of the proceedings at the end of 31 December 2013 with these authorities, as well as the proceedings with regulators about performances (art. 119a sec. 5) on the administrative courts; This also applies when other authorities pending procedures, where these authorities objectively are upcoming authority or authority parent instance considered, with the exception of institutions of the community.

9.

Compete in the at the administrative and at the Constitutional Court at the end of 31 December 2013 pending the administrative courts in the place of the independent administrative authorities, other independent administrative authorities and, to the extent it is appeal, all other administrative authorities with the exception of those administrative authorities that have decided in first and last instance or were committed to the decision, and with the exception of organs of the community. After completion of the proceedings before the Administrative Court regarding the decision or the omission of an independent administrative authority or before the Constitutional Court concerning the notification of such, the process is to continue, where appropriate, by the administrative court.

10. in the appeal proceedings at the end of 31 December 2013 at the administrative court article 131 is para 3 as amended by article 1 Z 61 of the Federal Act Federal Law Gazette I 51/2012 continue to apply Nr.

11. the detailed provisions concerning the transition of responsibility are made by federal law."

85. According to article 152, following attachment is attached:

"Plant

Resolution independent administrative authorities

A. Federal



1. appeal Senate in order criminal matters in accordance with article 168, paragraph 1 of the notarial Regulation (NO), RGBl. No. 75-1871;

2. Commission pursuant to § 7 para 1 of the Constitution Law of May 8, 1945, on the prohibition of the Nazi party (Verbotsgesetz 1947), Gazette. No. 13 / 1945;

3. Landesagrarsenate according to § 5 ABS. 1 of the agricultural Authority Act 1950, BGBl. No. 1 / 1951;

4. top agricultural Senate pursuant to section 6, paragraph 1, of the agricultural Authority Act 1950, BGBl. No. 1 / 1951;

5. country search committees referred to in article 345, paragraph 1, of the Federal Act of 9 September 1955 on general social insurance (General Social Security Act – ASVG.), BGBl. No. 189;

6 Federal Arbitration Commission pursuant to § 346 para 1 of the Federal Act of 9 September 1955 on general social insurance (General Social Security Act – ASVG.), BGBl. No. 189;

7 independent remedy Commission pursuant to § 351 h para 1 of the Federal Act of 9 September 1955 on general social insurance (General Social Security Act – ASVG.), BGBl. No. 189;

8. rail Control Commission pursuant to § 81 para. 1 of the Federal law on railways, rail vehicles on railways and transport on railways (Railway Act 1957 - EisbG), BGBl. No. 60;

9 Federal Compensation Commission are in accordance with § 20 para 1 of the Federal Act of 25 June 1958 concerning the granting of compensation for damage caused in connection with the occupation of Austria (crew damage law), BGBl. No. 126;

10 Commission for the compensation of claims after the seventh Act of default in accordance with § 7 paragraph 1 of the Federal Act of 12 December 1963, concerning the settlement of certain claims arising from employment in the private sector, Federal Law Gazette No. 319;

11 federal distribution Commission pursuant to section 17 of the Federal Act of 18 March 1964 on the use of flowing to funds under the agreement between the Republic of Austria and the people's Republic of Bulgaria concerning financial issues (distribution law of Bulgaria), BGBl. No. 129;

12 promise Supervisory Commission at the Federal Chancellery pursuant to § 39 para 1 of the Federal law of 10 March 1967 on the staff in the departments of the Federal Government (Federal staff representation Act PVG), BGBl. No. 133;

13 disciplinary Senate pursuant to paragraph 49 of the Federal law of June 7, 1967, with the patent attorney profession is regulated (patent attorney law), BGBl. No. 214;

14 execution Chambers in accordance with section 11a of the Federal Act of 26 March 1969 on the enforcement of custodial sentences and the preventive measures associated with detention (Criminal Justice Act - HCP), BGBl. No. 144;

15 Appeal Committee in accordance with section 13a of the disabled setting Act (BEinstG), BGBl. No. 22 / 1970;

16 top patent - and trademark Senate pursuant to section 74, paragraph 1, of the patent law 1970, BGBl. No. 259;

17 Appeal Committee in accordance with section 41a of the Federal law of June 27, 1979 on the service law of civil servants (officials Service Act 1979 - BDG 1979), BGBl. No. 333;

18 upper disciplinary in accordance with § 99 para 1 of the Federal law of June 27, 1979 on the service law of civil servants (officials Service Act 1979 - BDG 1979), BGBl. No. 333;

19 civil service Appeal Board pursuant to § 43 para. 1 of the Federal Act on the civil service (Civil Service Act 1986 - ZDG), BGBl. No. 679;

20th Senate of appeal pursuant to § 64 para 2 of the Federal law of November 8, 1989, about the Securities and general commodity markets and the amendment of the Börsesensale Act of 1949 and the amendment to the Stock Exchange Act 1903 (Stock Exchange Act 1989 - BörseG), BGBl. No. 555;

21 Supreme appeal and disciplinary Commission pursuant to article 59 paragraph 1 of the Federal law of 28 June 1990 on the disciplinary law of the lawyers and trainee lawyer (disciplinary statute for lawyers and trainee lawyer - DSt), as well as changes of Attorney order, the code of civil procedure and the code of criminal procedure, BGBl. No. 474;

22 Search Committee disciplinary board in accordance with § 58 para 1 of the Federal law on the Chambers of architects and engineering consultants (civil engineers Chamber Act 1993 - ZTKG), BGBl. No. 157/1994;

23 disciplinary Senate of the Austrian Medical Chamber at the Federal Ministry of health pursuant to section 180, paragraph 1, of the Federal law, with the a federal law on the exercise of the medical profession and the Association of doctors (doctor Law 1998 - ÄrzteG 1998) adopted and the training reservation law is changed, Federal Law Gazette I no. 169;

24 high disciplinary Council of the Chamber of Auditors in accordance with article 121 of the Federal Act on the accounting professions (economic trust vocational Act - WTBG), Federal Law Gazette I no. 58/1999;

25 data protection Commission pursuant to § 35 par. 1 of the Federal Act on the protection of personal data (Data Protection Act 2000 - DSG 2000), Federal Law Gazette I no. 165/1999;

26 independent environmental Council in accordance with article 1 para 1 of the Federal Act on the Environmental Council (USG 2000), Federal Law Gazette I no. 114;

27 Federal Communications Board in accordance with section 1, paragraph 2, of the Federal Act on the establishment of a communications authority ("KommAustria") and I a Federal Communications Senate (KommAustria Act - KOG), Federal Law Gazette No. 32/2001;

28 disciplinary appeal Senate according to § 58 para 1 of the Federal Act on the Austrian Chamber of pharmacists (pharmacist Chamber Act 2001), Federal Law Gazette I no. 111;

29 disciplinary upper Commission pursuant to § 15 para 1 No. 2 of the military disciplinary Act 2002 - HDG 2002, Federal Law Gazette I no. 167;

30 usage penalty organs in accordance with section 82, paragraph 1, of the military disciplinary Act 2002 - HDG 2002, Federal Law Gazette I no. 167;

31 quality control authority according to § 20 para 1 of the Federal Act on the quality assurance for statutory audits (audit quality assurance law A-QSG), Federal Law Gazette I no. 84/2005;

32. disciplinary Senate of the Austrian Chamber of dentists in accordance with article 65, paragraph 1 No. 1 of the Federal Act on the professional body of members of the dental profession and the profession of dentist (dental Chamber Act - ZÄKG), Federal Law Gazette I no. 154/2005;

33. copyright Senate pursuant to § 30 par. 1 of the Federal law on collecting societies (recycling companies Act 2006 - VerwGesG 2006), Federal Law Gazette I no. 9.

B. land Burgenland



1 performance finding top Commission for State teachers for schools of general education requirement in accordance with § 10 paragraph 1 of the law on the Agency jurisdiction to exercise the service prerogative over the country teachers and State teachers at public compulsory schools in Burgenland (Burgenländisches country teachers and instructors service hoheit Law 1995 - Bgld. LDHG), LGBl. No. 62;

2. performance assessment upper Commission for State teachers for vocational schools according to § 11 (1) of the Act on the Agency jurisdiction to exercise the service prerogative over the country teachers and State teachers at public compulsory schools in Burgenland (Burgenländisches country teachers and instructors service hoheit Law 1995 - Bgld. LDHG), LGBl. No. 62;

3. disciplinary upper country teachers for schools of general education obligation according to § 14 para 1 of the law on the Agency jurisdiction to exercise the service prerogative over the country teachers and State teachers at public compulsory schools in Burgenland (Burgenländisches country teachers and instructors service hoheit Law 1995 - Bgld. LDHG), LGBl. No. 62;

4. disciplinary upper country teachers for vocational schools in accordance with § 15 para 1 of the law on the Agency jurisdiction to exercise the service prerogative over the country teachers and State teachers at public compulsory schools in Burgenland (Burgenländisches country teachers and instructors service hoheit Law 1995 - Bgld. LDHG), LGBl. No. 62;

5. upper disciplinary in accordance with § 117 paragraph 1 of the law of 20 November 1997 on the service law of country officials (Burgenländisches provincial officials service law 1997 - LBDG 1997), LGBl. No. 17 / 1998.

C. land Carinthia



1 performance finding top Commission pursuant to § 2 para 2 of the law of 28 June 1968 on the Agency jurisdiction to exercise the service prerogative over the country teacher for public agricultural and forestry vocational and technical colleges (agriculture and forestry country teachers service sovereign law K LLDHG), LGBl. No. 62;

2.

Top disciplinary in accordance with § 3 par. 2 of the law of 28 June 1968 on the Agency jurisdiction to exercise the service prerogative over the country teacher for public agricultural and forestry vocational and technical colleges (agriculture and forestry country teachers service sovereign law K LLDHG), LGBl. No. 62;

3. performance assessment upper Commission pursuant to § 16 para 3 of the Carinthian municipality officials Act 1992 - K-GBG, LGBl. No. 56 4 upper disciplinary in accordance with section 60, paragraph 1, of the Carinthian municipality officials Act 1992 - K-GBG, LGBl. No. 56.

5. performance assessment upper Commission in accordance with article 38 par. 1 of the Carinthian city officials Act 1993 - K StBG 1993, LGBl. No. 115.

6 upper disciplinary pursuant to § 111 paragraph 1 of the Carinthian city officials Act 1993 - K StBG 1993, LGBl. No. 115.

7 upper disciplinary in accordance with section 103, paragraph 1, of the Carinthian Service Regulations Act 1994 - 1994 K DRG, LGBl. No. 71;

8 Leistungsfeststellungs High Commission provided according to § 10 para 1 of the Act of September 28, 2000, with the candidate lists for the inclusion of land contract teachers, set the agency responsibility to exercise the service prerogative over the country teachers at public compulsory schools and running the country teachers Service Act 1984 (Carinthian country teachers act will - K-LG), LGBl. Nr. 80;

9 upper disciplinary provided according to § 14 para 1 of the Act of September 28, 2000, with the candidate lists for the inclusion of land contract teachers, set the agency responsibility to exercise the service prerogative over the country teachers at public compulsory schools and running the country teachers Service Act 1984 (Carinthian country teachers act will - K-LG), LGBl. Nr. 80;

10 basic traffic Land Commission in accordance with article 12 para 1 of the law of 18 December 2003 the basic arrangements (Carinthian land transfer law 2002 - K-GVG), LGBl. Nr. 9 / 2004.

D. Land Lower Austria



1. disciplinary upper Commission according to article 181, paragraph 1 of the lower Austria State officials Act (NÖ LBG), LGBl. 2100;

2. Description commissions in accordance with article 22, paragraph 1 of the lower parish officials order 1976 (GBDO), LGBl. 2400;

3. upper disciplinary in accordance with article 121, paragraph 1 of the lower parish officials order 1976 (GBDO), LGBl. 2400;

4. performance assessment upper Commission in accordance with article 15, paragraph 1 of the NÖ country teacher jurisdiction Act 1976, LGBl. 2600.

5. disciplinary upper Commission in accordance with article 18, paragraph 1 of the NÖ country teacher jurisdiction Act 1976, LGBl. 2600.

6 performance finding top Commission in accordance with article 4, paragraph 1, of the lower of land and forestry land teacher sovereignty Act, LGBl. 2620;

7 upper disciplinary in accordance with article 7, paragraph 1, of the lower of land and forestry land teacher sovereignty Act, LGBl. 2620;

8 Land Commission for hunting and game damages pursuant to article 118, paragraph 1, the lower Austria hunting Law 1974 (NÖ JG), LGBl. 6500;

9 basic traffic Land Commission in accordance with article 8 of the basic traffic law 2007 NÖ (NÖ GVG 2007), LGBl. 6800;

10 basic transport Commission for foreign persons in accordance with article 21 of the basic traffic law 2007 NÖ (NÖ GVG 2007), LGBl. 6800.

E. Land Oberösterreich



1 Leistungsfeststellungs upper Commission for State teachers for schools of general education requirement in accordance with § 11 para 1 of the law of 4 March 1986 concerning the competence to exercise the service prerogative over the country teachers at public compulsory schools (Oö. Country teacher sovereignty Act 1986 - Upper Austria. «««LDHG 1986), LGBl. Nr. 18;

2. Leistungsfeststellungs top Commission for State teachers for vocational schools in accordance with § 12 para 1 of the law of 4 March 1986 concerning the competence to exercise the service prerogative over the country teachers at public compulsory schools (Oö. Country teacher sovereignty Act 1986 - Upper Austria. «««LDHG 1986), LGBl. Nr. 18;

3. disciplinary upper country teachers for schools of general education requirement in accordance with § 15 para 1 of the law of 4 March 1986 concerning the competence to exercise the service prerogative over the country teachers at public compulsory schools (Oö. Country teacher sovereignty Act 1986 - Upper Austria. «««LDHG 1986), LGBl. Nr. 18;

4. disciplinary upper country teachers for vocational schools according to § 16 para 1 of the law of 4 March 1986 concerning the competence to exercise the service prerogative over the country teachers at public compulsory schools (Oö. Country teacher sovereignty Act 1986 - Upper Austria. «««LDHG 1986), LGBl. Nr. 18;

5. Leistungsfeststellungs upper Commission pursuant to § 3 paragraph 1 of the law of 4 March 1988 concerning the competence to exercise the service prerogative over the country teacher for public agricultural and forestry vocational and technical schools (Oö. Agriculture and forestry country teachers service Authority Act 1988 - Upper Austria. «««LLDHG 1988), LGBl. Nr. 32;

6 upper disciplinary in accordance with § 5 ABS. 1 of the law of 4 March 1988 concerning the competence to exercise the service prerogative over the country teacher for public agricultural and forestry vocational and technical schools (Oö. Agriculture and forestry country teachers service Authority Act 1988 - Upper Austria. «««LLDHG 1988), LGBl. Nr. 32;

7 disciplinary upper Committee pursuant to section 119 paragraph 1 of the Land Act of 3 December 1993 on the right of service of officials of the province of Upper Austria (Upper Austria. State officials Act 1993 - Upper Austria. LBG), LGBl. Nr. 11 / 1994;

8 country basic transport Commission pursuant to section 25 para 2 of the Land Act of 7 July 1994 on the marketing of land (Oö. Basic traffic law 1994 - Upper Austria. GVG 1994), LGBl. No. 88;

9. upper Disciplinary Committee in accordance with section 143, para 1 of the State law on the right of service of staff of Upper Austria. Communities (with the exception of the cities with its own statute) and local authority associations (Oö. Community staff Law 2001 - Upper Austria. GBG 2001), LGBl. Nr. 48;

10 disciplinary upper Commission pursuant to section 106, para 1 of the State law on the right of service of officials and servants of the cities with its own statute (Oö. Statuargemeinden - Civil Service Act 2002 - Upper Austria. «««StGBG 2002), LGBl. Nr. 50;

11 upper disciplinary in accordance with section 53 para 1 of the State law on service and salary law of officials of Upper Austria. Communities (with the exception of the cities with its own statute) and local authority associations (Oö. Community-service law and salary law 2002 - Upper Austria. GDG 2002), LGBl. Nr. 52.

F. land Salzburg



1. Disciplinary Commission pursuant to § 12 No. 2 of the Salzburg municipal civil servants Act 1968, LGBl. Nr. 27;

2. performance assessment Commission for agricultural and forestry land teachers in accordance with § 3 paragraph 1 of the law of July 8, 1981 the competence to exercise the service prerogative over the country teacher for agricultural and forestry vocational and technical schools (Salzburg agricultural and forestry land teacher sovereignty Act 1981), LGBl. Nr. 80;

3. Disciplinary Commission for agricultural and forestry land teachers according to § 5 ABS. 1 of the law of July 8, 1981 the competence to exercise the service prerogative over the country teacher for agricultural and forestry vocational and technical schools (Salzburg agricultural and forestry land teacher sovereignty Act 1981), LGBl. Nr. 80;

4. performance assessment Commission in accordance with § 22 (1) of the Salzburg country officials act 1987 - L-BG, LGBl. Nr. 1;

5. Disciplinary Committee in accordance with section 38, paragraph 2, of the Salzburg State officials act 1987 - L-BG, LGBl. Nr. 1;

6 performance finding upper Commission pursuant to § 4 para 1 of the Salzburg country teacher sovereignty Act 1995 - LDHG 1995, LGBl. No. 138;

7 upper disciplinary in accordance with § 8 ABS. 1 of the Salzburg country teacher sovereignty Act 1995 - LDHG 1995, LGBl. No. 138;

8 Disciplinary Committee in accordance with article 105 par. 2 of the law of 5 February 2003 on the service right of civil servants and officials of the city of Salzburg (magistrats-officials - and magistrate officials Act 2002 - MagBG), LGBl. No. 42/2003;

9 public procurement control Senate pursuant to § 2 para 1 of the law of 7 February 2007 on monitoring the award of public contracts (Salzburg procurement control Act 2007 - S.VKG 2007), LGBl. Nr. 28.

G. Styria



1 performance finding top Commission of country teachers for general compulsory schools in accordance with section 9, paragraph 2, of the law of June 30, 1966, the Authority powers to exercise the service prerogative over the country teachers at compulsory schools in Styria (Styrian country teachers service Authority Act 1966 - LDHG. 1966), LGBl. No. 209;

2. performance assessment top Commission of country teachers for vocational schools in accordance with section 10, paragraph 2, of the law of June 30, 1966, the Authority powers to exercise the service prerogative over the country teachers at compulsory schools in Styria (Styrian country teachers service Authority Act 1966 - LDHG. 1966), LGBl. No. 209;

3. disciplinary upper country teachers for schools of general education requirement in accordance with § 16 par. 2 of the law of June 30, 1966, the Authority powers to exercise the service prerogative over the country teachers at compulsory schools in Styria (Styrian country teachers service Authority Act 1966 - LDHG. 1966), LGBl. No. 209;

4.

Top disciplinary country teachers for vocational schools according to § 17 para 2 of the law of June 30, 1966, the Authority powers to exercise the service prerogative over the country teachers at compulsory schools in Styria (Styrian country teachers service Authority Act 1966 - LDHG. 1966), LGBl. No. 209;

5. performance assessment top Commission of land and forestry land teachers in accordance with § 3 par. 2 of the law of 29 October 1969 on the Agency jurisdiction to exercise the service prerogative over the country teacher for public agricultural and forestry vocational and technical colleges (agriculture and forestry country teacher sovereignty Act), LGBl. Nr. 9 / 1970;

6 upper disciplinary in accordance with § 5 ABS. 1 of the law of 29 October 1969 on the Agency jurisdiction to exercise the service prerogative over the country teacher for public agricultural and forestry vocational and technical colleges (agriculture and forestry country teacher sovereignty Act), LGBl. Nr. 9 / 1970;

7 appeal Senate of Styrian country hunting according to § 5 ABS. 1 of the Act of 10 November 1992, with the, a disciplinary code of the Styrian country hunters is enacted, LGBl. No. 16 / 1993;

8 service Evaluation Commission pursuant to § 84 (1) of the Act on service and salary law of servants of the province of Styria (Stmk. L-DBR), LGBl. No. 29 / 2003;

9 disciplinary upper Commission pursuant to § 95 subsection 1 of the Act on the service and pay legislation of the officials of the province of Styria (Stmk. L-DBR), LGBl. No. 29 / 2003.

H. land Tirol



1. Land Court Commission in accordance with article 9, par. 3, of the Act of June 12, 1900, concerning the specific legal relationships of closed courtyards, effective for the princely County of Tyrol, LGBl. No. 47;

2. disciplinary upper Commission pursuant to section 74, paragraph 1 of the municipal civil service Act 1970, LGBl. Nr. 9;

3. Commission for service evaluation of Tyrolean municipality officials in accordance with section 16, paragraph 2, of the Community Civil Service Act 1970, LGBl. Nr. 9;

4. disciplinary upper Commission in accordance with article 65, paragraph 1, of the Innsbruck municipal civil service Act 1970, LGBl. Nr. 44;

5. service description committees pursuant to § 16 para 9 of the Innsbruck municipal civil service Act 1970, LGBl. Nr. 44;

6 performance finding top Commission for country teachers in accordance with § 8 paragraph 1 of the law of 1 July 1998 on the Agency jurisdiction to exercise the service prerogative over the country teacher (Tyrolean country teacher sovereignty Act 1998), LGBl. No. 74;

7 disciplinary upper country teachers in accordance with § 11 para 1 of the Act of 1 July 1998 on the Agency jurisdiction to exercise the service prerogative over the country teacher (Tyrolean country teacher sovereignty Act 1998), LGBl. No. 74;

8 upper Administrative Commission of sickness and accident compensation of State officials in accordance with § 62 of the officials - and teacher sick - and accident care Act 1998, LGBl. No. 97;

9th administrative top Commission of sickness and accident compensation of country teachers pursuant to § 72 of the officials - and teacher sick - and accident care Act 1998, LGBl. No. 97;

10 upper Administrative Commission of sickness and accident compensation of the Tyrolean municipality officials in accordance with section 76 of the community officials-sick and accident Welfare Act 1998, LGBl. No. 98;

11 performance assessment Commission for State officials in accordance with § 2 lit. a of the State civil servants Act 1998, LGBl. No. 65;

12 disciplinary upper Committee for State officials in accordance with § 2 lit. a of the State civil servants Act 1998, LGBl. No. 65;

13 Appeal Committee in accordance with article 38 par. 3 of the Tyrolean Tourism Act 2006, LGBl. Nr. 19;

14 Appeal Commission in terms of delivery pursuant to § 5 para 1 of the Act of September 30, 2009, the tax authorities of the country and the communities as well as the criminal law in matters of regulated regulated charges (Tyrolean Tax Act - TAbgG), LGBl. No. 97;

15 apportionment authority trough in accordance with § 93 of the Tyrolean regional planning act 2011 - 2011, LGBl. No. 56.

I. State of Vorarlberg

Performance determination upper Commission pursuant to § 4 paragraph 4 of the law on the Agency jurisdiction to exercise the service prerogative over the country teachers at public compulsory schools (country teacher service territory Act), LGBl. No. 34/1964.

J. land Vienna



1. Building Authority in accordance with article 138 of the Vienna urban planning and building code (construction order for Vienna - BO for Vienna), LGBl. Nr. 11 / 1930;

2. upper Arbitration Committee pursuant to section 116 of the Act on the regulation of gamekeeping (Vienna hunting Act), LGBl. Nr. 6 / 1948;

3. Tax Appeal Committee pursuant to section 203 of the Act on the Vienna organization law (WAOR), LGBl. Nr. 21 / 1962;

4. Senate of appeal referred to in section 48a para 1 of the Constitution of the federal capital Vienna (Vienna city Constitution - WStV), LGBl. Nr. 28 / 1968;

5. performance assessment upper Commission at the Vienna City School Board pursuant to § 4 paragraph 1 lit. b of the Act concerning the competence to exercise the service prerogative over the Vienna land and country teachers for Volks -, head -, special schools and polytechnic schools and vocational schools (Vienna country teacher and country teachers service Authority Act 1978 - 1978 LDHG), LGBl. Nr. 4 / 1979;

6 disciplinary upper Committee at the Vienna City School Board pursuant to § 9 para 1 lit. c of the Act concerning the competence to exercise the service prerogative over the Vienna land and country teachers for Volks -, head -, special schools and polytechnic schools and vocational schools (Vienna country teacher and country teachers service Authority Act 1978 - 1978 LDHG), LGBl. Nr. 4 / 1979;

7 service law Senate pursuant to section 74a of the Act on the service legal of officials of the capital Vienna (1994 - DO Regulations 1994), LGBl. No. 56.

"8 procurement control Senate pursuant to article 3 of the Vienna award redress Act 2007 (WVRG 2007), LGBl. No. 65/2006."

Article 2

(Constitutional provision)

Repeal some federal constitutional laws and constitutional provisions contained in simple laws of the Federal

(1) insofar as they are still in force, following federal constitutional laws and constitutional provisions contained in simple federal laws shall be repealed:



1 Federal Constitutional law of December 7, 1929, concerning transitional provisions for the second Federal Constitutional Act, BGBl. No. 393, as last amended by the first federal constitutional law Cleanup Act, Federal Law Gazette I no. 2/2008;

2. section 24, paragraph 1, of the Federal law against cartels and other restrictions on competition (antitrust law 2005 - cartel 2005), Federal Law Gazette I no. 61;

3. § 39, paragraph 3, of the Federal law of 10 March 1967 on the staff in the departments of the Federal Government (Federal staff representation Act PVG), BGBl. No. 133;

4. section 19a, paragraph 1, of the disabled setting Act (BEinstG), BGBl. No. 22 / 1970;

5. section 41a para 6 of the Federal law of June 27, 1979 on the service law of civil servants (officials Service Act 1979 - BDG 1979), BGBl. No. 333;

6 § 45 para 3 of the Federal Act on the advice, support and special assistance for disabled persons (Federal Disability Act - BBG), Federal Law Gazette No. 283/1990;

7 Federal Constitutional law, with the 1929 modifies the Federal Constitutional law as amended, BGBl. No. 276/1992, as last amended by the by-laws Federal Law Gazette I no. 194/1999;

8 Article 17a, paragraph 2, first sentence, of the Federal Act on the establishment and functions of the post and Telekom Austria Aktiengesellschaft (post structure law - PTSG), Federal Law Gazette No. 201/1996;

9 Article 1 par. 5, article 35, paragraph 2, and article 38 par. 1 of the Federal Act on the protection of personal data (Data Protection Act 2000 - DSG 2000), Federal Law Gazette I no. 165/1999;

10 § 1 para 1 and article 6 par. 1 of the Federal Act on the independent financial Senate (UFS Act), Federal Law Gazette I no. 97/2002;

11 § 73 together with heading the army disciplinary Act 2002 - HDG 2002, Federal Law Gazette I no. 167;

12 § 291 para. 3 and article 294, paragraph 2 No. 3 of the Federal law on the award of contracts (Federal Procurement Act 2006 - BVergG 2006), Federal Law Gazette I no. 17;

13 § 12 par. 4 of the Federal Act on the regulator in the power and gas sectors (Energy-Control Act E-ControlG), Federal Law Gazette I no. 110/2010.

(2) that in paragraph 1 Z 1 so-called Federal Constitution Act and in paragraph 1 Z 2 mentioned constitutional provision occur at the end of the month of the announcement of the Federal Act Federal Law Gazette I no. 51/2012 override. In paragraph 1 Federal constitutional laws referred to Z 3 to 13 and constitutional provisions contact the expiry of 31 December 2013 override.

Article 3

(Constitutional provision)

Amendment of the financial Constitution Act 1948

The Federal Constitutional law on regulating the financial relations between the Federal Government and the other authorities (financial Constitution 1948 - F-VG 1948), Federal Law Gazette No. 45/1948, amended by Federal Law Gazette I no. 103/2007, is amended as follows:

1. § 3 par. 2 first and second sentence reads:

"The countries are entitled to charge a levy by the municipalities or, where appropriate, the community associations by State law. By federal law a maximum extent of country assessment can be fixed."

2 8 paragraph 4 the following sentence is added to §:

"These provisions are however on levies on non-gratuitous deliveries, for which a federal authorization is not to apply."

3. paragraph 9:

"Law decisions of the provincial Council, which have the aim of Landes(Gemeinde)abgaben are § 9 (1) to announce the Federal Chancellor's Office immediately after the decision of the Parliament prior to its proclamation by the Governor.


(2) because of danger to U.S. interests, the Federal Government against a law decision in accordance with paragraph 1 within eight weeks after the date of enactment at the Federal Chancellery is reached where, can raise an objection reasoned.

(3) before the expiry of the opposition period, the by-laws is permitted only if expressly agrees with the Federal Government.

(4) the Federal Government raises an objection and reviewed its enactment in the presence of at least half of the members of Parliament, may be only published the law decision, when the Federal Government withdraws its objection within three weeks after the day on which the repeated enactment at the Federal Chancellery has reached.

(5) the Federal Government does not withdraw its opposition, the National Council and the Federal Council by a joint Permanent Committee decide to maintain the objection. In this case, the Federal Government has the opposition after the period laid down in paragraph 4, in connection of the repeated decision of law to convey to the President of the National Council for submission to the Committee.

(6) the Committee referred to in paragraph 5 consists of 26 members, of which half of the National Council and the Federal Council according to the principles of proportional representation for the election of committees under its rules of procedure is chosen. A substitute member is elected for each Member of the Committee in the same way. The Federal Council must appoint a member and an alternate member from each country. Ever a President who alternately preside choose by the National Council and the members elected by the Federal Council.

(7) the Committee shall be convened by the Chairman within one week after the date at which the opposition of the Federal Government when it is arrived. After this period the convening of this, but also to all other meetings is the President of the National Council.

(8) the Committee is quorate when at least half of its members are present. Less than half of the members are present, a new session is to convene, that meets the Committee two weeks. In this case, the Committee is quorate when at least nine members are present. The Committee shall act by majority vote. The President agrees with.

(9) the Committee adopt its rules of procedure by decision. In it, in particular provisions concerning the loss of membership in the Committee and the participation of other institutions in the meetings of the Committee may be taken. The rules of procedure, is to be published by the Federal Chancellor in the Federal Law Gazette.

(10) the Committee has to meet designated day its decision within six weeks after the in paragraph 7, first sentence. The enactment may be published only, if the Committee decides that the opposition of the Federal Government remains potent not within this period."

4. second sentence is paragraph 14:

"section 9 is to apply mutatis mutandis."

5. in article 17, the following paragraph 4 is inserted after para 3d:

"(4) section 3 para 2 first and second sentence, § 8 para 4, § 9 and § 18 as amended by Federal Law Gazette I no. 51/2012 become at the end of the day of the announcement of this Federal Act into force;" at the same time, § 21 para 1 of the fiscal equalization Act 1967 - contact FAG. In 1967, BGBl. No. 2, and § 14 para 2 of the fiscal equalization Act 1989 - FAG 1989, Federal Law Gazette No. 687/1988, in the version of Federal Law Gazette No. 450/1992, override. The Committee referred to in article 9 paragraph 5 has to adopt new rules of procedure within six months after the end of the day of the announcement of this Federal Act."

6. the text of the current section 17 para 4 is paragraph labeled "section 18".

Article 4

(Constitutional provision)

Change of financial criminal law

The Federal law of June 26, 1958, concerning the financial criminal law the financial law and criminal procedure (now financial criminal - FinStrG), BGBl. No. 129, amended by Federal Law Gazette I no. 104/2010, is amended as follows:

1. in section 66 is the expression (constitutional provision); Paragraph 1 is as follows:

"(1) (constitutional provision) the saying Senate members are bound in the exercise of their duties to no instructions."

2. in section 265, 1q the following paragraph is inserted:

(1q) (constitutional provision) section 66 in the version of Federal Law Gazette I 51/2012 is no. 1 January 2014 into force.

Article 5

Amendment of the Federal Act, 1969 modifies the disability setting law

The Federal law of November 27, 1988, with the the disability setting Act 1969 amended no. 721/1988, in the version of Federal Law Gazette No. 313/1992, is as follows, modifying the BGBl.:

1. the title is as follows: