Verwaltungsgerichtsbarkeits Amendment To 2012

Original Language Title: Verwaltungsgerichtsbarkeits-Novelle 2012

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51. Federal Law, with which the Federal Constitutional Law, the Finance Constitutional Law 1948, the Finance Criminal Law, the Federal Act, which amalgated the Invalideneinstellungsgesetz 1969, the Bundessozialamtsgesetz (Federal Social Act), the Federal Social Law Act (Bundessozialamtsgesetz), the Federal Social Law Act (Bundessozialamtsgesetz Environmental Impact Assessment Act 2000, the Federal Law Gazing Act, the Administrative Court Act 1985 and the Constitutional Court Act 1953 amended and some federal constitutional laws and contained in simple federal laws Constitutional provisions are repealed (Administrative Court Novel 2012)

The National Council has decided:

Article 1

(constitutional provision)

Amendment of the Federal Constitutional Law

The Federal Constitutional Law, BGBl. No. 1/1930, as last amended by the Federal Act BGBl. I No 60/2011, shall be amended as follows:

1. In Art. 10 (1) (1) (1), the facts shall be "Administrative Jurisdictions;" by the facts "Administrative jurisdiction, with the exception of the organisation of the administrative courts of the Länder;" replaced.

2. In Art. 10 (1) (3), the Tatar "On-and-emigration" by the facts "On-and-emigration, including the right of residence for reasons worthy of consideration" replaced.

3. In Article 10 (1) Z 8, after the facts "Combating unfair competition;" the facts "Antitrust law;" inserted.

(4) In Article 11 (2), the word order is deleted "in particular also in the affairs of the tax system," .

5. Article 11 (7) and (8) is deleted; the previous paragraph 9 shall be replaced by the sales designation "(7)" .

6. Article 12 (2) and (3) are deleted; the previous paragraph 4 shall be replaced by the sales designation "(2)" .

7. In Art. 14a (5), first sentence and Art. 148a (3) (3), the abbreviation shall be "or" by the word "or" replaced.

(8) Article 14b (5) second sentence reads:

" 4 and Art. 42a shall apply mutatily to such regulations. "

9. Article 14b (6) is deleted.

10. Article 15 (5) is deleted.

11. In Art. 15 (6) penultimate sentence, the word "Federal legislature" by the word "Bund" replaced.

12. Article 15 (7) is deleted.

(13) In Article 18 (5), the word "State Good" by the word "Bundesassets" replaced.

14. Article 20 (2) Z 2 reads:

" 2.

on the control of the legality of the administration, "

15. Art. 20 para. 2 Z 3 is deleted; the previous Z 4 to 5a will receive the digit names "3." to "5." .

16. In the last sentence of Art. 20 (2), the quote "Z 2, 3, 5a and 8" by quoting "Z 2, 5 and 8" replaced.

17. In the last sentence of Art. 21 (1), before the word "Courts" the word "ordinary" inserted.

18. Art. 22 reads:

" Article 22. All institutions of the Federal Government, the Länder, the municipalities and the municipal associations as well as the other self-governing bodies are obliged, within the framework of their legal scope, to provide mutual assistance. "

19. In Art. 23f (2), the word "Commission" through the phrase "European Commission" replaced.

20. In accordance with Article 42, the following Article 42a is inserted:

" Article 42a. In so far as a decision by the National Council requires the consent of the Länder, it must be announced by the Federal Chancellor to the offices of the national governments of the participating countries immediately after the end of the procedure pursuant to Art. 42. The consent shall be deemed to have been granted if the State Governor has not informed the Federal Chancellor within eight weeks of the date on which the decision of the law has reached the office of the Land Government that the consent is refused. Before the expiry of this period, the decision of the legislative decision may only take place if the country's main men of the participating countries have communicated the country's explicit consent. "

21. In Art. 43, after the expression "pursuant to Art. 42" the expression "or in accordance with Art. 42a" inserted.

22. Article 49 (2) reads as follows:

" (2) The state contracts pursuant to Art. 50 (1) shall be made known by the Federal Chancellor in the Federal Law Gazans. Where a State Treaty has been established in more than two languages in accordance with Article 50 (1) (1) (1), it shall be sufficient to:

1.

two authentic language versions and a translation into the German language,

2.

if, however, the German language version is authentic, this and a further authentic language version

shall be made known. On the occasion of the approval of a state treaty pursuant to Art. 50 (1), the National Council may decide in which way to take place in the Federal Law Gazans the proclamation of the State Treaty or of individual parts of the State Treaty to be recorded in detail. ; such decisions of the National Council are to be made known by the Federal Chancellor in the Federal Law Gazprom. Unless expressly stated otherwise, state contracts shall enter into force and apply in accordance with Article 50 (1) at the end of the day of their presentation-in the case of the third sentence with the expiry of the day of the presentation of the decision of the National Council for the entire Federal territory; this does not apply to state contracts which are to be fulfilled by the omission of laws (Art. 50 (2) (4) . "

23. Art. 50 (2) Z 2 reads:

" 2.

To the extent that a state treaty regulates matters of the independent sphere of action of the Länder, it requires the consent of the Bundesrat. "

(24) In Article 50 (2), the following Z 3 is inserted:

" 3.

If a state contract has been established authentically in more than two languages, it shall be sufficient if the permit referred to in paragraph 1 is valid.

a)

on the basis of two authentic language versions and a translation into the German language,

b)

if, however, the German language version is authentic, on the basis of this and another authentic language version

"

25. In Art. 50 (2), the previous Z 3 is given the digit designation "4." .

26. In Article 50 (3), the expression "Z 3" by the expression "Z 4" replaced.

27. Art. 81a (4), last sentence is deleted.

28. In Art. 81b (3), first sentence, the word order is deleted "First Instance" .

29. Art. 81c (3).

30. The heading to Section B of the third main item is:

" B. Ordinary jurisdiction "

31. Article 82 (1) reads:

"(1) The proper jurisdiction shall be taken from the federal government."

32. Article 83 (1) reads as follows:

"(1) The organization and jurisdiction of the ordinary courts shall be governed by federal law."

(33) In Article 86 (1) and Article 87 (3), second sentence, the word order shall be: "the court constitution" by the word Federal Law replaced.

34. Article 87 (3), first sentence reads:

"The transactions shall be distributed in advance to the judges of the ordinary court for the time determined by federal law."

35. In Art. 88 (2), the phrase "Changes in the Constitution of the Courts" through the phrase "a change of court organization" replaced.

36. Article 88 (3) reads as follows:

"(3) The temporary revelation of the judges by the Office may only take place at the disposal of the court ruler or court president or the superior judicial authority, with the simultaneous referral of the matter to the appropriate ordinary court."

37. Art. 88a is:

" Article 88a. Federal law can be used to determine the ability of a parent ordinary court to provide posts for sprenters. The number of Sprengeling bodies shall not exceed 3 vH of the judge's positions existing in the subordinated ordinary courts. The use of the Sprengelrichter in the subordinated ordinary courts and, where appropriate, with the parent ordinary court itself, shall be determined by the Senate of the parent ordinary court appointed by the federal law. determined. Sprinkles may only be entrusted with the representation of judges of subordinated ordinary courts or judges of the parent ordinary court itself and only in the case of the prevention of these judges or then, if: these judges shall be prevented from carrying out their duties within a reasonable period of time on account of the extent of their duties. "

38. In Art. 89 (1), before the word "Courts" the word "ordinary" inserted.

39. In Art. 89 (2), first and second sentence, shall be taken before the word "Court" the word "ordinary" inserted.

40. In Art. 89 (3), before the word "Courts" the word "ordinary" inserted.

41. In Art. 89 (3) and (5) and Article 90 (1), before the word "Court" the word "ordinary" inserted.

42. In Art. 90a, before the word "Jurisdiction" the word "ordinary" inserted.

43. The previous text of Art. 94 receives the sales designation "(1)" ; the following paragraph 2 is added:

" (2) By federal or state law, in individual matters, instead of filing a complaint with the administrative court, an instance train can be provided by the managing authority to the ordinary courts. In the affairs of the federal government, which are not directly concerned by federal authorities, as well as in the matters of Art. 11, 12, 14 (2) and (3) and 14a (3) and (4), federal laws may only be subject to approval pursuant to the first sentence. of the countries. According to the first sentence, Article 97 (2) B-VG shall apply mutasensitily to the laws of the country. "

(44) Article 97 (2) reads as follows:

" (2) Into the extent that a Land law provides for the participation of federal institutions in the enforcement of the law, it is necessary to obtain the consent of the Federal Government. Such legislative decisions are to be announced by the Governor of the Federal Chancellery immediately after the decision of the Landtag. The consent shall be deemed to have been granted if the Federal Government has not informed the Governor of the Federal Republic of Germany within eight weeks of the date on which the decision of the Federal Chancellery has arrived at the Federal Chancellery, that the participation of the Federal Institutions shall be refused. . Before the expiry of this period, the decision of the legislative decision may only take place if the Federal Government has expressly agreed. "

45. In Art. 97 (4), the word "State Good" by the word "Landesfortune" replaced.

46. Art. 98 is deleted.

(47) The following Article 101a is inserted after Article 101:

" Article 101a. The provisions of the legislation to be published in the State Code can be held within the framework of the Federal Government's Legal Information System. "

48. In Art. 102 (2), after the facts "Regulation and supervision of the entry into and exit from the territory of the Federal Republic of Germany;" the facts "right of residence for reasons worthy of consideration;" and after the facts "Weapons, munitions and explosives, shooting;" the facts "Antitrust law;" inserted.

49. Art. 103 (4) is deleted.

50. Art. 109 is:

" Article 109. Art. 102 (1) applies to the Federal Capital of Vienna with the proviso that the federal government, unless there are its own federal authorities (direct federal administration), the mayor as the governor of the country and the magistrate under the authority of the Federal Republic of Germany shall be deemed to be the The district administration authority (indirect federal administration). "

51. Art. 111 deleted.

52. In Art. 112, the phrase " Art. 108 to 111 " through the phrase " Art. 108 and 109 " replaced.

53. In Art. 115 (2), after the word "Affairs" the phrase "including an all-due exclusion of the instance train" inserted.

54. In Art. 117 (8), the phrase "the State legislature" through the phrase "the national legislation" replaced.

55. In Art. 118 (3) (9), the word order is deleted " , insofar as they do not serve federal buildings that serve public purposes (Art. 15 (5)). .

56. Article 118 (4) reads as follows:

" (4) The municipality has the affairs of its own sphere of action within the framework of the laws and regulations of the Federal Government and of the country on its own responsibility free of instructions and with the exclusion of an appeal to administrative bodies outside of the congregation. In the affairs of its own sphere of activity there is a two-stage instance train; this can be ruled out by law. In the affairs of its own sphere of action, the federal government and the country have a right of supervision over the municipality (Art. 119a). "

57. Art. 119a (5) is deleted.

Article 119a (9) reads as follows:

" (9) The congregation is party to the regulatory procedure and has the right to complain to the administrative court (Art. 130 to 132). She is party to the proceedings before the Administrative Court and has the right to review the Administrative Court (Art. 133) and complain to the Constitutional Court (Art. 144). "

59. In Art. 127c, the stroke point at the end of Z 3 is replaced by a point; Z 4 is omitted.

60. Articles 129 to 136, together with section headings, shall be replaced by the following section A:

" A. Administrative jurisdiction

Article 129. For each country there is an administrative court in the country. For the Federal Government, there is a Administrative Court of the Federal Government, which is to be called the Federal Administrative Court, and a Administrative Court of the Federal Government for Finance, which is to be called the Federal Financial Court.

Article 130. (1) The administrative courts recognise complaints

1.

against the decision of an administrative authority for illegality;

2.

against the exercise of direct administrative and enforcement authority by administrative authorities for illegality;

3.

in the event of a breach of decision-making by an administrative authority;

4.

Against instructions pursuant to Art. 81a (4).

(2) By federal or state law, other jurisdiction of the administrative courts may decide on

1.

Complaints concerning the illegality of the conduct of an administrative authority in the enforcement of the law; or

2.

Complaints about the illegality of a client's conduct in the matters of public procurement, or

3.

Disputes in the field of public servants ' matters

shall be provided. In the affairs of the federal government, which are not directly concerned by federal authorities, as well as in the matters of Art. 11, 12, 14 (2) and (3) and 14a (3) and (4), federal laws according to Z 1 may only with the consent of the Länder shall be made known.

(3) In addition to administrative criminal matters and in the cases relating to the jurisdiction of the Administrative Court of the Federal Finance Minister, the law of the Administrative Authority shall not be subject to the discretion of the Administrative Authority and shall, in accordance with the provisions of the Act of of the law.

(4) The Administrative Court shall decide itself on complaints pursuant to paragraph 1 (1) (1) in administrative criminal matters. The Administrative Court shall, in the case of complaints pursuant to paragraph 1 (1) (1) in other cases, decide on the matter itself if:

1.

the relevant facts are determined or

2.

the determination of the relevant facts by the Administrative Court itself is in the interest of the Rashness or is associated with a substantial cost saving.

(5) Cases in which the ordinary courts or the Constitutional Court are competent are excluded from the jurisdiction of the Administrative Courts.

Article 131. (1) Unless otherwise indicated in paragraphs 2 and 3, the administrative courts of the Länder shall be aware of complaints pursuant to Art. 130 (1).

(2) Unless otherwise indicated in paragraph 3, the Administrative Court of the Federal Republic shall recognize in cases in the affairs of the Federal Government, which are directly concerned by federal authorities, complaints pursuant to Art. 130 (1) in cases of law. If a law provides for jurisdiction of the administrative courts pursuant to Article 130 (2) (2) (2), the Administrative Court of the Federal Republic of Germany shall recognise complaints in cases in the matters of public procurement which, pursuant to Art. 14b (2) (1) (1), Enforcement are federal matter. If a law provides for jurisdiction of the administrative courts pursuant to Art. 130 (2) (3), the Administrative Court of the Federal Republic of Germany shall recognise disputes in the matters of service of the Federal Government's public servants.

(3) The Administrative Court of the Federal Government for Finance recognizes in cases of complaints pursuant to Article 130 (1) (1) to (3) in matters of public levies (with the exception of the administrative duties of the Federation, the Länder and municipalities) and of the Financial criminal law as well as in other legally established matters, insofar as these matters are directly concerned by the federal tax or financial penal authorities.

(4) By federal law

1.

, the administrative courts of the Länder shall be competent: in cases in the matters referred to in paragraphs 2 and 3;

2.

The Administrative Courts of the Federal Republic of Germany shall be responsible for:

a)

in cases of environmental impact assessment for projects likely to have a significant impact on the environment (Art. 10 (1) (9) and 11 (1) (7) (7);

b)

in other cases in the matters relating to the enforcement of the Federal Government, which are not directly concerned by federal authorities, and in the matters of Articles 11, 12, 14 (2) and (3) and 14a (3).

Federal laws according to Z 1 and Z 2 lit. b may only be made available with the consent of the countries.

(5) In cases of legal matters in the affairs of the independent sphere of action of the Länder, the Administrative Courts of the Federal Government may be provided with jurisdiction in cases of legal matters. Art. 97 (2) shall apply mutatily.

(6) In cases of complaints in cases where a law provides for the jurisdiction of the administrative courts pursuant to Article 130 (2) (1) (1), the administrative courts responsible for this matter in accordance with the provisions of paragraphs 1 to 4 of this Article shall recognise the competent administrative courts. If, according to the first sentence, no responsibility is given, such complaints shall identify the administrative courts of the countries.

Article 132. (1) An administrative authority may lodge a complaint against the decision on the grounds of illegality:

1.

who claims to be injured by the communication in his rights;

2.

the competent Federal Minister in the case of a matter under Articles 11, 12, 14 (2) and (3) and 14a (3) and (4), or in cases where the decision of a country or district council is based on a collegial decision.

(2) An appeal against the exercise of direct administrative and forcible authority by direct administrative authority may, on account of unlawfulness, raise a complaint about who claims to be infringed by it in his rights.

(3) In the event of a breach of the obligation to make a decision, a complaint may be made as to who, in the administrative procedure as a party, claims to be entitled to make the decision to make the decision.

(4) In the case of instructions pursuant to Art. 81a (4), the school authority may lodge a complaint on the basis of a decision by the College.

(5) Those who, in cases other than those referred to in paragraphs 1 and 2, and in cases where a law provides for the jurisdiction of the administrative courts pursuant to Article 130 (2), can lodge a complaint for illegality, determine the federal or national law. National laws.

(6) In the affairs of the municipality's own sphere of action, the administrative court can only complain about the exhaustion of the instance train.

Article 133. (1) The Administrative Court shall recognise the

1.

Revisions to the recognition of an administrative court for illegality;

2.

Requests for a deadline for failure to comply with the decision-making obligation by an administrative court;

3.

Conflicts of jurisdiction between administrative courts or between an administrative court and the administrative court.

(2) By federal or state law, other jurisdiction of the Administrative Court may decide on applications of a court of law to determine the illegality of a case or a recognition of a Administrative courts are to be provided.

(3) illegality is not available to the extent that the Administrative Court has exercised its discretion in accordance with the law.

(4) A review of the administrative court shall be admissible if it depends on the solution of a legal matter which is of fundamental importance, in particular because the knowledge of the case law of the Administrative Court , there is no such case-law, or the legal question to be resolved is not answered in a uniform manner in the previous case-law of the Administrative Court. If the recognition has only a small financial penalty, it can be provided for by federal law that the revision is inadmissible.

(5) Legal matters belonging to the jurisdiction of the Constitutional Court are excluded from the jurisdiction of the Administrative Court.

(6) Against the recognition of an administrative court, a revision may be brought up for unlawfulness:

1.

who claims to be hurt by the knowledge of his rights;

2.

the competent authority of the proceedings before the Administrative Court;

3.

the competent Federal Minister in the cases referred to in Article 132 (1) (2) (2);

4.

the school authority, on the basis of a decision of the college, in the cases referred to in Article 132 (4).

(7) In the event of a breach of the obligation to make a decision, a request for a deadline may be made as to who, in proceedings before the Administrative Court, has the right to be entitled to assert the obligation to make the decision.

(8) Anyone who can raise a revision in cases other than those referred to in paragraph 6 above for unlawfulness shall determine the federal or state laws.

(9) The decisions of the Administrative Courts shall apply mutatily to the provisions of this Article which apply to their findings. The special federal law governing the organisation and proceedings of the Administrative Court determines to what extent revision can be made against decisions of the administrative courts.

Article 134. 1. The Administrative Courts and the Administrative Court shall consist of 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 shall appoint the Land Government, which shall, in so far as it is not the position of the President or the Vice-President, propose three-way proposals. the General Assembly of the Administrative Court or a committee to be elected from its centre, which shall consist of the President, the Vice-President and at least five other members of the administrative court of the country, . The members of the administrative courts of the countries must have completed the study of law or the studies on the law and state sciences and have a five-year legal professional experience.

(3) The President, the Vice-President and the other members of the Administrative Courts of the Federal Government shall appoint the Federal President on a proposal from the Federal Government; this shall, in so far as it is not the position of the President or the Vice-President, be Tripartite proposals of the General Assembly of the Administrative Court or of a committee to be elected from its centre, which shall consist of the President, the Vice-President and at least five other members of the Administrative Court of the Confederation, . The members of the administrative court of the Confederation must have completed the study of law or the studies in law and state science and have a five-year legal professional experience, the members of the administrative court of the Confederation for Finance must have a Have a five-year relevant professional experience.

(4) The President, the Vice-President and the other members of the Administrative Court shall appoint the Federal President on a proposal from the Federal Government; the President shall reimburse its proposals, unless the President or the President of the Federal Republic of Germany is concerned. Vice-Presidents, on the basis of three-way proposals of the General Assembly of the Administrative Court or of a committee to be elected from among its members, which shall be composed of the President, the Vice-President and at least five other members of the Administrative Court . The members of the Administrative Court must completed the study of law or the studies on the law and the state of the state and have have a ten-year legal professional experience . At least the fourth part is to be taken from professional positions in the countries, possibly from the administrative service of the countries.

(5) The Administrative Courts and the Administrative Court may not be members of the Federal Government, a Land Government, the National Council, the Federal Council, a Landtag or the European Parliament, the Administrative Court. members of another general body of representation; for members of a general representative body or of the European Parliament who have been elected to a specific legislative or functional period, the incompatibility of the body or the body of the general representative body shall be even in the event of premature renunciation of the mandate up to the end of the Continue the legislative or functional period.

(6) The President or Vice-President of a Administrative Court or the Administrative Court cannot be appointed 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 shall be judges. The provisions of Article 87 (1) and (2) and Article 88 (1) and (2) shall apply with the proviso that the age limit with which the members of the administrative courts of the countries enter into permanent retirement or ends their employment shall be applied in accordance with the conditions laid down in Article 87 (1) and (2). is determined by the law of the State.

(8) Diensthoness to the administrative court staff shall be exercised by the President.

Article 135. (1) The administrative courts shall be identified by a single judge. In the law on the proceedings of the administrative courts or in federal or state laws, it may be provided that the administrative courts decide by Senate. The size of the Senate is determined by the law on the organisation of the administrative court. The Senate shall be appointed by the General Assembly or by a committee to be elected from among its members, consisting of the President, the Vice-President and a number of other members of the Administrative Court to be determined by law, from the Members of the Administrative Court and, in so far as national or national laws provide for the participation of expert lay judges in the case-law, to form from a number of competent lay judges to be determined in this case. To the extent that a federal law provides that an administrative court of the country has to decide in senates or that expert lay judges participate in the case-law, the agreement of the participating countries must be obtained. The Administrative Court shall recognize by Senate the committee to be elected by the General Assembly or a committee to be elected from its centre, the committee of which shall be elected by the President, the Vice-President and a number of other members to be determined by law The Administrative Court shall be composed of the members of the Administrative Court.

2. The transactions to be provided by the Administrative Court shall be by the General Assembly or by a committee to be elected from among its members, the Committee of the President, the Vice-President and a number of other members of the Board of Directors to be determined by law. Administrative court has to pass on to the individual judges and the Senate for the legally determined time in advance. The transactions to be provided by the Administrative Court shall be by the General Assembly or by a committee to be elected from among its members, the Committee of the President, the Vice-President and a number of other members of the Board of Directors to be appointed by law. administrative court has to distribute to the Senate for the legally determined time in advance.

(3) A matter accruing to a Member pursuant to the division of the business may only be removed from him by the institution responsible in accordance with paragraph 2 and only in the case of his prevention or if it is due to the extent of his duties to the performance of the latter. is prevented within a reasonable period of time.

(4) Art. 89 shall apply mutatily to the Administrative Courts and the Administrative Court.

Article 135a. (1) The law on the organisation of the administrative court may transfer the errands of individual types of transactions, which are to be precise, of specially trained non-funders.

(2) However, the member of the administrative court responsible after the division of the business may at any time reserve or draw upon the execution of such transactions.

(3) In the case of the transactions referred to in paragraph 1, the non-funders shall be: Staff only subject to the instructions of the member of the administrative court which is responsible for the distribution of the business. Article 20 (1), third sentence, shall apply.

Article 136. (1) The organization of the administrative courts of the Länder is governed by the Land Law, the organization of the administrative courts of the federal government by federal law.

(2) The procedure of the administrative courts, with the exception of the Administrative Court of the Federal Government for Finance, is regulated in a uniform manner by a special federal law. The Federal Government has the opportunity to participate in the preparation of such legislative proposals. Federal or State law may make regulations on the proceedings of the administrative courts if they are necessary to regulate the subject matter or insofar as the special federal law referred to in the first sentence is authorized to do so.

(3) The procedure of the Administrative Court of the Federal Government for Finance is governed by federal law. Federal law also allows the tax procedure to be regulated before the administrative courts of the Länder.

(4) The organisation and proceedings of the Administrative Court shall be governed by a special federal law.

(5) The General Assembly of the Administrative Courts and the Administrative Court shall decide on the basis of the laws adopted in accordance with the preceding paragraphs. "

61. Art. 131 (3) reads:

" (3) The Administrative Court may refuse the treatment of a complaint against a decision by an independent administrative body, the independent financial council or an authority pursuant to Article 20 (2) (2) or (3) by decision if the Decision not depends on the solution of a question of law, which is of fundamental importance, in particular because the decision differs from the case law of the Administrative Court, such case law is missing or the decision to be solved Legal question not uniform in the previous case law of the Administrative Court , however, in administrative criminal matters and financial straits, only if a small fine has been imposed. "

62. Article 134 (3) reads as follows:

" (3) The members of the Administrative Court must: completed the study of law or the studies on the law and the state of the state and have have a ten-year legal professional experience . At least the fourth part is to be taken from professional positions in the countries, possibly from the administrative service of the countries. "

63. The heading to Section D of the seventh main item shall be replaced by the following heading:

" B. Constitutional Court "

64. Art. 138 (1) Z 2 reads:

" 2.

between ordinary courts and administrative courts or the administrative court, as well as between the Constitutional Court itself and all other courts; "

65. Art. 139 (1) reads:

" (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.

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

5.

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);

6.

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. "

66. Art. 139 (3) reads:

" (3) The Constitutional Court may only repeal a regulation in so far as its annulment has been expressly requested or when it would have been applied in the case pending before it. However, the Constitutional Court considers that the whole of the Regulation

1.

of the legal basis,

2.

has been issued by an uncompetent authority, or

3.

in a lawless manner,

so he has to repeal the whole regulation as illegal. This shall not apply where the repeal of the whole regulation appears to be contrary to the legal interests of the party which has submitted an application in accordance with paragraph 1 (3) or whose case is the reason for the incumbable introduction of the "Regulatory examination procedure."

67. In Art. 139 (4), first sentence, the word success is deleted e " , from an independent administration senate, from the Federal Procurement Office ".

68. Art. 139a reads:

" Article 139a. The Constitutional Court acknowledges the lawlessness of manifestations of the revoking of a law (state treaty). Art. 139 shall apply mutatily. "

(69) Article 140 (1) reads as follows:

" (1) The Constitutional Court recognises unconstitutionality

1.

of laws

a)

at the request of the Supreme Court, a court of ordinary law in second instance, an administrative court or the administrative 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;

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 is to apply Article 89 (3) accordingly. "

70. Art. 140 (3) last sentence reads:

" This does not apply if the repeal of the whole law obviously runs counter to the legal interests of the party, which has a request pursuant to paragraph 1 Z 1 lit. (c) or whose case has given rise to the incumbable initiation of the law review procedure. "

71. In Art. 140 (4), first sentence, the word order is deleted " , from an independent administration senate, from the Federal Procurement Office ".

72. Art. 140a is:

" Article 140a. The Constitutional Court discovers the illegality of state contracts. The political, legislative and legislative provisions of the Treaties and the State Treaties, which amend the Treaty bases of the European Union, are Article 140 of the Treaty, and Article 139 of all other State Treaties shall apply mutatily to Article 139 of the Treaty. the following measures shall apply:

1.

A State Treaty, the constitutional or unlawfulness of which the Constitutional Court finds, is no longer applicable at the end of the day to the conclusion of the recognition of the organs appointed for the purpose of full education, if not the Constitutional Court shall set a time limit within which the State Treaty shall continue to apply; this period shall be allowed in the case of the political, legislative and statutory provisions of the State and of the State Treaties through which the contractual The European Union's foundations are changed, two years, with all others State contracts do not exceed one year.

2.

Furthermore, with the end of the day, the recognition of the recognition an order that the State Treaty must be fulfilled by the omission of regulations, or a decision that the State Treaty should be fulfilled by the release of laws, except for power. "

73. In Art. 141 (1) (lit). c will be the phrase "at the request of at least eleven Members of the European Parliament from the Republic of Austria on the loss of a mandate from a Member of the European Parliament from the Republic of Austria;" through the phrase "at the request of at least half of the Members of the European Parliament elected in Austria for the loss of a mandate of one of these Members of the European Parliament;" replaced.

74. Art. 141 (1) (lit). d and e is given by the following lit. d to g replaced:

" (d)

at the request of a municipal council, on the loss of the mandate of a member of the body responsible for the enforcement of the authority, in respect of this function and at the request of a statuary body (representative body) of a statutory professional Representation on the loss of a mandate from one of its members;

e)

on the challenge of the outcome of referendum, referendums, referendums and European citizens ' initiatives;

f)

on the inclusion of persons in voter evidences and the removal of persons from voter evidences;

g)

on the challenge of self-affictive decisions and decisions of the administrative authorities in the cases of the lit. a to f. "

Article 141 (1), second to fourth sentence, reads as follows:

" The dispute referred to in (a), (b), (e), (f) and (g) may be based on the alleged unlawfulness of the proceedings, and the request referred to in (lit). (c) and d for a statutory reason for the loss of membership of a general body of representation, in the European Parliament, in a body responsible for the enforcement of a municipality or in a statuary body (representative body) of a legal professional representation. The Constitutional Court has uphold a dispute if the alleged illegality of the proceedings has been proven and if the result of the proceedings has been of influence. In a procedure before the managing authority, the general representative body and the statutory body (representative body) of the legal professional representation also have party status. "

76. Art. 141 (3) is deleted.

77. Art. 144 reads:

" Article 144. (1) The Constitutional Court disregards complaints against the recognition of an administrative court, insofar as the appellant is due to the recognition in a constitutional law or because of the application of an unlawful act. Ordinance, a lawless manifestation of the re-announcement of a law (state treaty), an unconstitutional law or an unlawful state treaty in his rights is alleged to have been violated.

(2) The Constitutional Court may reject the treatment of a complaint pending the hearing by a decision if it does not have a sufficient prospect of success or if the decision does not allow the clarification of a constitutional question to be is expected.

(3) If the Constitutional Court finds that the contested recognition of the Administrative Court has not infringed a right within the meaning of paragraph 1, it shall, at the request of the appellant, make the appeal for a decision as to whether the The complainant was infringed by the recognition in any other right to withdraw from the Administrative Court. Decisions pursuant to paragraph 2 shall apply to the first sentence in a reasonable way.

(4) The decisions of the Administrative Courts shall apply mutatily to the provisions of this Article which apply to their findings. The special federal law governing the organisation and proceedings of the Constitutional Court determines the extent to which complaints can be made against decisions of the administrative courts.

(5) As far as the recognition or decision of the Administrative Court has the admissibility of the revision to the content, a complaint pursuant to paragraph 1 is inadmissible. "

78. Art. 144a is deleted.

79. Art. 147 (3) reads:

" (3) The members and the replacement members of the Constitutional Court must completed the study of law or the studies on the law and the state of the state and have have a ten-year legal professional experience . "

80. Article 147 is added to the following paragraph 8:

"(8) The Diensthoness towards those of the Constitutional Court shall be exercised by the President."

81. Art. 148b (1), first sentence reads:

" All organs of the Federal Government, of the Länder, of the municipalities and of the municipal associations as well as of the other self-governing bodies shall assist the People's Office in the erection of their duties, to grant their access to the file and, upon request, to to provide the necessary information. "

82. Art. 148e is deleted.

83. Art. 148i (1) and (2) reads:

" (1) By the Land Constitution Act, the Länder can also declare the Office of the People's Office responsible for the area of the administration of the country in question; in this case, Art. 148f should be applied in the appropriate manner.

(2) In the area of the Land Administration, the Länder shall establish bodies with similar functions, such as the People's Office of the People's Office, and may be regulated by the Land Constitutional Law in accordance with Art. 148f. "

(84) Article 151 is added to the following paragraph 51:

" (51) For the entry into force of the by the Federal Law BGBl. I n ° 51/2012 amended or inserted provisions and for the expiry of the provisions repealed by this Federal Act and for the transition to the new legal situation:

1.

The organisational and personnel measures necessary for taking up the activities of the administrative courts can already be taken with the end of the day of the presentation of the Federal Law BGBl. I No 51/2012. For appointments of members of the administrative courts, which shall be before the 1. In January 2014, Art. 134 (2), (3), (5) and (6) shall apply in the version of the Federal Law BGBl (Federal Law Gazette). I No 51/2012, with the proviso that the tripartite proposals of the General Assembly of the Administrative Court or of a committee to be elected from its centre are not to be obtained.

2.

A right of appointment as a member of the respective administrative court of the federal government has:

a)

who, on 1 July 2012, is the chairman, vice-chairman or Senate chairman of the Federal Procurement Office and who is to apply for the appointment as a member of the administrative court of the federal government and the personal and professional aptitude for the the performance of the tasks associated with the intended use;

b)

who, on 1 July 2012, is a member of the independent financial council and acquires the appointment as a member of the administrative court of the Confederation for Finance and the personal and professional aptitude for the performance of the tasks involved with the are to be used.

3.

The President and the Vice-President of the Administrative Courts of the Federal Government are within six weeks of the end of the day of the German Federal Law BGBl. I No 51/2012.

4.

The application for appointment to the other member of the respective administrative court of the federal government may be filed until the end of 31 December 2012. The conditions set out in the last sentence of Article 134 (2) and the last sentence of the last sentence shall be deemed to be fulfilled for such candidates. The Federal Government will decide on the appointment of such candidates until 28 February 2013. Persons whose application is rejected shall have the right to complain against the negative decision in accordance with Art. 130 (1) (1) (1) (1). a in the Administrative Court and in accordance with Art. 144 in the Constitutional Court.

5.

The right of appointment as a member of the administrative courts of the Länder and the appointment procedure shall be governed by the law of the same kind in accordance with the same principles.

6.

Art. 9 (2), Art. 10 (1) Z 3, Art. 10 (1) Z 8, Art. 11 (2), Art. 14a (5), first sentence, Art. 14b (5), second sentence, Art. 15 (6) penultimate sentence, Art. 18 (5), Art. 22, Art. 23f (2), Art. 442, Art. 43, Art. 49 (2), Art. 50 (2) and 3, Art. 97 (2) and (4), Art. 101a, Art. 102 (2), Art. 117 (8), Art. 118 (3) Z 9, Art. 127c Z 3, Art. 140a, Art. 147 (3), Art. 148a (3) (3) and Article 148b (1), first sentence, as amended by the Federal Law BGBl. No 51/2012 and Art. 131 (3) as amended by Art. 1 Z 61 and Article 134 (3), as amended by Art. 1 Z 62 of this Federal Act, enter into force at the end of the month of the presentation; at the same time Art. 15 (5), Art. 98 and Art. 4 out of force. Art. 10 (1) (1) (1), Art. 11 (9) (par. 7 new), Art. 12 (4) (par. 2 new), Art. 20 (2), Art. 21 (1), last sentence, Art. 81b (3), first sentence, the title to Section B of the third main piece, Art. 82 (1), Art. 83 (1), Art. 86 (1), Art. 87 (3), Art. 88 (2) and (3), Art. 88a, Art. 89 (1) to (1) to 3 and 5, Art. 90 (1), Art. 90a, Art. 94, Art. 109, Art. 112, Art. 115 (2), Art. 118 (4), Art. 119a (9), Art. 129 to 136, including section headings (section A, new seventh main item), the heading to Section D (Section B) new) of the seventh main piece, Art. 138 (1) (2), Art. 139 (1), (3) and (4), first sentence, Art. 139a, Art. 140 (1), (3) Sentence and 4 first sentence, Art. 141 (1), Art. 144, Art. 147 (8), Art. 148i (1) and (2) and the Annex in the version of the Federal Law BGBl. I n ° 51/2012 are due to 1. January 2014 in force; at the same time Art. 11 (7) and (8), Art. 12 (2) and (3), Art. 14b (6), Art. 15 (7), Art. 81a (4), last sentence, Art. 81c (3), Art. 103 (4), Art. 111, Art. 119a (5), Art. 141 (3), Art. 144a and Art. 148e except for strength.

7.

With 1. Jänner 2014 will be the Asylum Court for the Administrative Court of the Federal Republic; the members of the Asylum Court become members of the Administrative Court of the Federal Government.

8.

With 1. Jänner 2014 will dissolve the independent administrative senates in the countries, the Federal Procurement Office and the independent financial Senate (hereinafter referred to as "independent administrative authorities)"; Annex , (hereinafter referred to as "other independent administrative authorities"). Responsibility for the continuation of procedures pending at the end of 31 December 2013 for these authorities, as well as of the procedures pending before the supervisory authorities, on the basis of ideas (Art. 119a (5) shall apply to the administrative courts; this shall also apply to proceedings pending in other authorities where these authorities are factually relevant competent authorities or the parent authority in the instance train, with the exception of: Organs of the municipality.

9.

In the proceedings pending before the Administrative Court and the Constitutional Court on 31 December 2013, the Administrative Courts shall replace the independent administrative authorities, other independent administrative authorities and, in the case of appeal proceedings, of all other administrative authorities other than those administrative authorities which have decided or were required to take the decision in the first and last instance, and with the exception of the institutions of the Community. Following the termination of the proceedings before the Administrative Court on the communication or the abatment of an independent administrative authority or before the Constitutional Court concerning the decision of such an administrative authority, the procedure shall, where appropriate, be administrative court.

10.

In the appeal proceedings pending before the Administrative Court on 31 December 2013, Art. 131 (3) is in the version of Art. 1 Z 61 of the Federal Law BGBl. I N ° 51/2012.

11.

The more detailed provisions on the transfer of jurisdiction shall be made by federal law. "

85. In accordance with Art. 152, the following Annex is added:

" Asset

Resolved independent administrative authorities

A. Bund

1.

Council of Appeals in Order of Order in accordance with Section 168 (1) of the Notarial Code (NO), RGBl. No 75/1871;

2.

Commission pursuant to Section 7 (1) of the Constitutional Law of 8 May 1945, on the prohibition of the NSDAP (Prohibition Act 1947), StGBl. No 13/1945;

3.

Landesagrarsenate according to § 5 (1) of the Agricultural Authority Act 1950, BGBl. No 1/1951;

4.

Oberster Agrarsenat according to § 6 (1) of the Agricultural Authority Act 1950, BGBl. No 1/1951;

5.

Federal Employment Commissions in accordance with Section 345 (1) of the Federal Act of 9 September 1955 on General Social Insurance (General Social Insurance Act-ASVG.), BGBl. No 189;

6.

Federal Arbitration Commission pursuant to § 346 (1) of the Federal Law of 9 September 1955 on General Social Insurance (General Social Insurance Act-ASVG.), BGBl. No 189;

7.

Independent Therapeutic Commission pursuant to § 351h para. 1 of the Federal Act of 9 September 1955 on General Social Insurance (General Social Insurance Act-ASVG.), BGBl. No 189;

8.

Rail Control Commission pursuant to Section 81 (1) of the Federal Act on Railways, Rail Vehicles on Railways and Transport on Railways (Railway Act 1957-EisbG), Federal Law Gazette (BGBl). 60;

9.

Federal Compensation Commission pursuant to Section 20 (1) of the Federal Law of 25 June 1958 on the granting of compensation for damages incurred in connection with the occupation of Austria (Occupation Damage Act), BGBl. 126;

10.

Commission for the retaliation of claims under the Seventh Withdrawal Act pursuant to Section 7 (1) of the Federal Law of 12 December 1963, concerning the retribution of certain claims from service relations in the private sector, BGBl. 319;

11.

Federal Distribution Commission pursuant to § 17 of the Federal Act of 18 March 1964 on the use of the inflowing funds from the Treaty between the Republic of Austria and the People's Republic of Bulgaria on the regulation of open financial matters (Distribution Act Bulgaria), BGBl. 129;

12.

Personnel representative supervisory board at the Federal Chancellery pursuant to Section 39 (1) of the Federal Act of 10 March 1967 concerning the Staff Committee of the Federal Office of the Federal Government (Bundes-Personnel Representation Act-PVG), BGBl. 133;

13.

Disciplinary arsenate according to § 49 of the Federal Act of 7 June 1967, which regulates the profession of patent attorney (Patentanwaltsgesetz), Federal Law Gazette (BGBl). 214;

14.

Law enforcement chambers according to § 11a of the Federal Act of 26 March 1969 on the enforcement of custodial sentences and preventive measures associated with deprivation of liberty (Criminal enforcement law-StVG), BGBl. No. 144;

15.

Appointment Commission according to § 13a of the Act on Disability of Persons with Disabilities (BEinstG), BGBl. No 22/1970;

16.

Supreme Patent and Trademark Senate pursuant to Section 74 (1) of the Patent Law 1970, BGBl. No 259;

17.

Commission of Appeal pursuant to § 41a of the Federal Act of 27 June 1979 on the duty of the civil servants (civil servants ' service law 1979-BDG 1979), BGBl. 333;

18.

Disciplinary Commission pursuant to Section 99 (1) of the Federal Law of 27 June 1979 on the duty of officials (civil service law 1979-BDG 1979), Federal Law Gazette (BGBl). 333;

19.

Civil service complaint pursuant to Section 43 (1) of the Federal Law on Civil Service (Civil Service Act 1986-ZDG), Federal Law Gazette (BGBl). N ° 679;

20.

Appointment Senate pursuant to Section 64 (2) of the Federal Act of 8 November 1989 on the securities and general stock exchanges and on the amendment of the Stock Exchange Act 1949 and the Stock Exchange Act of 1903 (Börsegesetz 1989-BörseG), BGBl. 555;

21.

Supreme Court of Appeal and Disciplinary Commission pursuant to Section 59 (1) of the Federal Act of 28 June 1990 on the disciplinary law of lawyers and lawyers (Disciplinary Statute for Lawyers and Attorneys-DSt) as well as on Amendments to the Code of Lawyers, the Code of Civil Procedure and the Criminal Procedure Code, BGBl. 474;

22.

Appointment Commission in Disciplinary Matters according to § 58 (1) of the Federal Act on the Chambers of Architects and Consulting Engineers (Civil Engineering erkammergesetz 1993-ZTKG), BGBl. No 157/1994;

23.

Discipline arsenate of the Austrian Medical Association of the Federal Ministry of Health pursuant to § 180 (1) of the Federal Act, which contains a federal law on the exercise of medical profession and the professional representation of doctors (Medical Law 1998-Medical Law) 1998) and the Law on Education and Training is amended, BGBl. I No 169;

24.

Disciplinary Board of the Chamber of Economic Scatters pursuant to § 121 of the Federal Law on Economic Scattering Trades (Economic Scattering Trade Act-WTBG), Federal Law Gazette (BGBl). I No 58/1999;

25.

Data Protection Commission pursuant to Section 35 (1) of the German Federal Act on the Protection of Personal Data (Data Protection Act 2000-DSG 2000), BGBl. I No 165/1999;

26.

Independent environmental senate according to § 1 paragraph 1 of the Federal Act on the Environment Senate (USG 2000), BGBl. I n ° 114;

27.

Federal Communications Senate in accordance with Section 1 (2) of the Federal Act on the establishment of a communication authority Austria ("KommAustria") and a Federal Communications Council (KommAustria-Gesetz-KOG), BGBl. I No 32/2001;

28.

Disciplinary Board of Appeal pursuant to § 58 (1) of the Federal Act on the Austrian Pharmacists ' Chamber (pharmacerkammergesetz 2001), BGBl. I n ° 111;

29.

Discipline Commission pursuant to Section 15 (1) (2) of the Law 2002-HDG 2002, Federal Law Gazette (BGBl). I No 167;

30.

Application criminal law pursuant to § 82 (1) of the German Army disciplinary law 2002-HDG 2002, BGBl. I No 167;

31.

Quality control authority according to § 20 (1) of the German Federal Law on Quality Assurance in Auditing (Auditing-Quality Assurance Act-A-QSG), BGBl. I No 84/2005;

32.

Disciplinary arsenal of the Austrian Dentist Chamber pursuant to § 65 (1) Z 1 of the Federal Act on the professional representation of persons belonging to the dental profession and the Dentistenberufs (dentists ' profession-ZÄKG), BGBl. I No 154/2005;

33.

Copyright Senate pursuant to Section 30 (1) of the German Federal Law on collecting societies (Verwertungssocieties Act 2006-Pampering 2006), BGBl. I n ° 9.

B. Land Burgenland

1.

Oberkommission für Landesinstructor for general education compulsory schools in accordance with § 10 (1) of the Act on Public Authorities for the Exercisance of the Diensthoness on the State Teacher for Public Teachers for Public Teachers Compulsory schools in Burgenland (Burgenland State Teacher Diensthoheitsgesetz 1995-Bgld. LDHG), LGBl. 62;

2.

Oberkommission für Landeslehrer für Landeslehrer für Berufsschulen, pursuant to Article 11, Section 1 of the Law on Public Administration, on the Exercisance of the Diensthoness on the State Teacher for Compulsory Public Schools in Burgenland (Burgenland State Teacher, Diensthoheitsgesetz 1995-Bgld. LDHG), LGBl. 62;

3.

Disciplinary commission for national teachers for general education compulsory schools in accordance with § 14 (1) of the Law on Government competence for the exercise of the Diensthoness on the Land teachers for compulsory public schools in the Burgenland (Burgenland State Teacher Diensthoheitsgesetz 1995-Bgld. LDHG), LGBl. 62;

4.

Disciplinary Commission for State Teacher for Vocational Schools pursuant to § 15 (1) of the Law on Public Authorities for the Exercisance of the Diensthoness on the State Teacher for Compulsory Public Schools in Burgenland (Burgenland State Teacher, Diensthoheitsgesetz 1995-Bgld. LDHG), LGBl. 62;

5.

Disciplinary Commission pursuant to Section 117 (1) of the Law of 20 November 1997 on the duty of the State officials (Burgenland State Civil Service Law 1997-LBDG 1997), LGBl. No 17/1998.

C. Land Carinthia

1.

Commission of Performance Rights pursuant to § 2 (2) of the Law of 28 June 1968 on the responsibility for the exercise of the diensity of the Land teachers for public agricultural and forestry vocational and technical schools (Land- and forsteconomically Landeslehrer-Diensthoheitsgesetz-K-LLDHG), LGBl. 62;

2.

Disciplinary Commission pursuant to Section 3 (2) of the Law of 28 June 1968 on the responsibility for the exercise of the Diensthoness of the Land Teachers for Public Agricultural and Forestry Vocational and Technical Schools (Land- and forsteconomically Landeslehrer-Diensthoheitsgesetz-K-LLDHG), LGBl. 62;

3.

Commission of the Supervisory Board in accordance with § 16 (3) of the Carinthian Municipal Order Act 1992-K-GBG, LGBl. No. 56

4.

Disciplinary Commission pursuant to § 60 (1) of the Carinthian Municipal Service Act 1992-K-GBG, LGBl. 56;

5.

Commission of Performance Arrest in accordance with § 38 (1) of the Carinthian Municipal Officials Act 1993-K-StBG 1993, LGBl. 115;

6.

Discipline Commission pursuant to Section 111 (1) of the Kärntner Stadtbeamtengesetz 1993-K-StBG 1993, LGBl. 115;

7.

Disciplinary Commission pursuant to § 103 (1) of the Kärntner Dienstrechtsgesetz 1994-K-DRG 1994, LGBl. 71;

8.

Performance-setting-High Commission pursuant to § 10 (1) of the Law of 28 September 2000, with which lists of applicants for the admission of national contract teachers are provided for, the authorities responsible for the exercise of the dienthoness via the national teachers for Compulsory public schools and the Landeslehrer-dienstrechtsgesetz (State Teacher Services Act 1984) (Kärntner Landeslehrergesetz-K-LG), LGBl. 80;

9.

Disciplinary Board of Governors pursuant to Section 14 (1) of the Law of 28 September 2000, with which lists of applicants for the admission of state contract teachers are provided, the authority responsible for the exercise of the dienthoness via the national teachers for public Compulsory schools are established and the Landeslehrer-dienstrechtsgesetz (State Teacher Service Act 1984) is executed (Kärntner Landeslehrergesetz-K-LG), LGBl. 80;

10.

Land Transport Commission pursuant to Section 12 (1) of the Law of 18 December 2003 on the settlement of basic traffic (Kärntner Grundverkehrsgesetz 2002-K-GVG), LGBl. N ° 9/2004.

D. Land Niederösterreich

1.

Disciplinary Commission pursuant to Section 181 (1) of the NÖ Land-Bedienstetengesetz (NÖ Land-Bedienstetengesetz, NÖ LBG), LGBl. 2100;

2.

Description Commissions pursuant to § 22 (1) of the NÖ municipal Civil Service Ordinance 1976 (GBDO), LGBl. 2400;

3.

Disciplinary Commission pursuant to Section 121 (1) of the NÖ municipal Civil Service Ordinary 1976 (GBDO), LGBl. 2400;

4.

Commission of Performance Arrest in accordance with § 15 (1) of the NÖ Landeslehrer-Diensthoheitsgesetz 1976, LGBl. 2600;

5.

Disciplinary Commission pursuant to Section 18 (1) of the NÖ Landeslehrer-Diensthoheitsgesetz 1976, LGBl. 2600;

6.

Commission of Performance Arrest in accordance with § 4 (1) of the Lower Austrian Land and Forestry Teacher 'Diensthoheitsgesetz', LGBl. 2620;

7.

Disciplinary Commission pursuant to § 7 (1) of the Lower Austrian Land and Forestry Teacher 'Diensthoheitsgesetz', LGBl. 2620;

8.

State Commission for Hunting and Wildlife damages pursuant to section 118 (1) of the NÖ Jagdgesetz 1974 (Lower Austria JG), LGBl. 6500;

9.

Land Transport Commission pursuant to § 8 of the NÖ Grundverkehrsgesetz 2007 (NÖ GVG 2007), LGBl. 6800;

10.

Basic Transport Commission for foreign persons according to § 21 of the NÖ Grundverkehrsgesetz 2007 (NÖ GVG 2007), LGBl. 6800.

E. Land Oberösterreich

1.

Performance-determination-Oberkommission für Landesinstructor for general education compulsory schools in accordance with § 11 para. 1 of the Law of 4 March 1986 on the responsibility for the exercise of the Diensthoness on the national teachers for public compulsory schools (Oö. Statesman Diensthoheitsgesetz 1986-Oö. LDHG 1986), LGBl. No. 18;

2.

Upper Commission of Performance-Oberkommission für Landeslehrer für Berufsschulen pursuant to Section 12 (1) of the Law of 4 March 1986 on the responsibility for the exercise of the Diensthoness of the Land Teachers for Compulsory Public Schools (Oö. Statesman Diensthoheitsgesetz 1986-Oö. LDHG 1986), LGBl. No. 18;

3.

Disciplinary Commission for National Compulsory Education Teachers in accordance with § 15 (1) of the Law of 4 March 1986 on the responsibility for the exercise of the Diensthoness of the Land Teachers for Compulsory Public Schools (Oö. Statesman Diensthoheitsgesetz 1986-Oö. LDHG 1986), LGBl. No. 18;

4.

Disciplinary Commission for National Teachers Of Vocational Schools pursuant to Section 16 (1) of the Law of 4 March 1986 on the responsibility for the exercise of the Diensthoness of the Land Teachers for Compulsory Public Schools (Oö. Statesman Diensthoheitsgesetz 1986-Oö. LDHG 1986), LGBl. No. 18;

5.

Performance-determination-Oberkommission pursuant to § 3 (1) of the Law of 4 March 1988 concerning the responsibility for the exercise of the Diensthoness on the Land Teachers for Public Land and Forest Vocational Schools (Oö. Federal State and forestry law teacher Diensthoheitsgesetz 1988-Oö. LLDHG 1988), LGBl. 32;

6.

Disciplinary Commission pursuant to Section 5 (1) of the Law of 4 March 1988 concerning the responsibility for the exercise of the Diensthoness of the Land Teachers for Public Land and Forest Vocational Schools (Oö. Federal State and forestry law teacher Diensthoheitsgesetz 1988-Oö. LLDHG 1988), LGBl. 32;

7.

Disciplinary Commission pursuant to Section 119 (1) of the Law of 3 December 1993 on the duty of officials of the State of Upper Austria (Oö. National Civil Service Act 1993-Oö. LBG), LGBl. No 11/1994;

8.

Land Transport Commission pursuant to Section 25 (2) of the Land Act of 7 July 1994 on the transport of land (Oö). Basic Traffic Act 1994-Oö. GVG 1994), LGBl. 88;

9.

Disciplinary Commission pursuant to Section 143 (1) of the Land Law on the duty of staff of the oö. Municipalities (with the exception of cities with their own staff regulations) and municipal associations (Oö. Municipal Services Act 2001-Oö. GBG 2001), LGBl. 48;

10.

Disciplinary Commission pursuant to Section 106 (1) of the Law on the Service of Officials and Officials of the Cities with its own Statute (Oö. Statuarcommunity-Beamtengesetz 2002-Oö. StGBG 2002), LGBl. 50;

11.

Commission of disciplinary bodies pursuant to Section 53 (1) of the Land Law on the Right of Service and Remuneration of the staff of the oö. Municipalities (with the exception of cities with their own staff regulations) and municipal associations (Oö. Municipality-Service law and salary law 2002-Oö. GDG 2002), LGBl. No. 52.

F. Land Salzburg

1.

Disciplinary Commission pursuant to § 12 Z 2 of the Salzburg Municipal Officials Act 1968, LGBl. 27;

2.

Commission for the performance of agricultural and forestry national teachers according to § 3 (1) of the Law of 8 July 1981 on the responsibility for the exercise of the Diensthoness of the Land Teachers for agricultural and forestry professional and forestry professionals Specialist schools (Salzburger Land-und forestry Landeslehrerdiensthoheitsgesetz 1981), LGBl. 80;

3.

Disciplinary Commission for agricultural and forestry national teachers according to § 5 (1) of the Law of 8 July 1981 on the responsibility for the exercise of the Diensthoness of the Land Teachers for agricultural and forestry vocational and technical schools (Salzburger Land-und forestry Landeslehrerdiensthoheitsgesetz 1981), LGBl. 80;

4.

Performance Commission pursuant to Section 22 (1) of the Salzburger Land-Beamtengesetz 1987-L-BG, LGBl. 1;

5.

Disciplinary Commission pursuant to § 38 (2) of the Salzburger Land-Beamtengesetz 1987-L-BG, LGBl. 1;

6.

Commission of Performance Arrest in accordance with § 4 (1) of the Salzburger Landeslehrer-Diensthoheitsgesetz 1995-LDHG 1995, LGBl. 138;

7.

Discipline Commission pursuant to § 8 (1) of the Salzburg State Teachers Diensthoheitsgesetz 1995-LDHG 1995, LGBl. 138;

8.

Disciplinary Commission according to § 105 (2) of the Law of 5 February 2003 on the duty of officials of the state capital of Salzburg (Magistrats-Beamtinnen-und Magistrats-Beamtengesetz 2002-MagBG), LGBl. 42/2003;

9.

Award-Control Senate according to § 2 (1) of the Law of 7 February 2007 on the control of the award of public contracts (Salzburg Procurement Control Act 2007-S.VKG 2007), LGBl. No. 28.

G. Land Steiermark

1.

Commission of Trustees of the Land teachers for general education compulsory schools in accordance with § 9 para. 2 of the Law of 30 June 1966 on the responsibility for the exercise of the Diensthoness on the Land Teachers for Compulsory Schools in Styria (Steiermärkisches Landeslehrer-Diensthoheitsgesetz 1966-LDHG.1966), LGBl. 209;

2.

Commission of Trustees of the State Teacher for Vocational Compulsory Schools according to § 10 (2) of the Law of 30 June 1966 on the responsibility for the exercise of the diensthoness of the state teachers for compulsory schools in Styria (Steiermärkisches Landeslehrer-Diensthoheitsgesetz 1966-LDHG.1966), LGBl. 209;

3.

Disciplinary Commission for National Compulsory Education Teachers in accordance with § 16 (2) of the Law of 30 June 1966 on the responsibility for the exercise of the dienthood over the national teachers for compulsory schools in Styria (Steiermärkisches Landeslehrer-Diensthoheitsgesetz 1966-LDHG.1966), LGBl. 209;

4.

Disciplinary Commission for National Teacher for Vocational Schools pursuant to § 17 (2) of the Law of 30 June 1966 on the responsibility for the exercise of the Diensthoness on the State Teacher for Compulsory Schools in Styria (Steiermärkisches Landeslehrer-Diensthoheitsgesetz 1966-LDHG.1966), LGBl. 209;

5.

Commission of the Land and forestry teachers in accordance with § 3 para. 2 of the Law of 29. October 1969 on the competence of the authorities for the exercise of the diensthoness of the state teachers for public agricultural and forestry vocational and technical schools (Land- und forestry State Teachers Dienthoses Act), LGBl. No 9/1970;

6.

Disciplinary Commission pursuant to Section 5 (1) of the Law of 29. October 1969 on the competence of the authorities for the exercise of the diensthoness of the state teachers for public agricultural and forestry vocational and technical schools (Land- und forestry State Teachers Dienthoses Act), LGBl. No 9/1970;

7.

Council of Appeal of the Styrian State of the State pursuant to § 5 (1) of the Law of 10 November 1992, which enacted a disciplinary order of the Styrian State of the State, LGBl. No 16/1993;

8.

Commission on the Evaluation of Services in accordance with Section 84 (1) of the Law on the Law of the Service and Remuneration of Servants of the Province of Styria (Stmk. L-DBR), LGBl. No 29/2003;

9.

Commission of disciplinary bodies pursuant to Article 95 (1) of the Law on the Law of the Service and Remuneration of the employees of the Province of Styria (Stmk. L-DBR), LGBl. No 29/2003.

H. Land Tirol

1.

Federal State Commission pursuant to Section 9 (3) of the Law of 12 June 1900 concerning the special legal relationships of closed courts, effective for the forensired county of Tyrol, LGBl. 47;

2.

Disciplinary Commission pursuant to Section 74 (1) of the Municipal Civil Service Act 1970, LGBl. 9;

3.

Commission of the Tyrolean municipal officials in accordance with Section 16 (2) of the Municipal Civil Service Act 1970, LGBl. 9;

4.

Discipline Commission pursuant to Section 65 (1) of the Innsbruck Municipal Service Act 1970, LGBl. 44;

5.

Service description committees according to § 16 (9) of the Innsbruck Municipal Officials Act 1970, LGBl. 44;

6.

Commission for the performance of national teachers according to § 8 (1) of the Law of 1 July 1998 on the responsibility for the exercise of the dienthoness by the State teachers (Tiroler Landeslehrer-Diensthoheitsgesetz 1998), LGBl. 74;

7.

Disciplinary Commission for National Teachers pursuant to § 11 (1) of the Law of 1 July 1998 on the responsibility for the exercise of the Diensthoness on the State Teacher (Tiroler Landeslehrer-Diensthoheitsgesetz 1998), LGBl. 74;

8.

Administrative Commission of the Health and Accident Insurance of the State Officials in accordance with § 62 of the Civil and Accident Insurance Act in 1998, LGBl. 97;

9.

Administrative Commission of the Health and Accident Prevention of the Land Teachers in accordance with § 72 of the Staff Regulations and Accident Insurance Act 1998, LGBl. 97;

10.

Administrative Commission of the Health and Accident Insurance of the Tyrolean Municipal Officers pursuant to § 76 of the municipal civil service health and accident insurance act 1998, LGBl. 98;

11.

Performance Commission for State Officials in accordance with § 2 lit. a of the State Civil Service Act 1998, LGBl. 65;

12.

Disciplinary Commission for State Officials in accordance with § 2 lit. a of the State Civil Service Act 1998, LGBl. 65;

13.

Commission of Appeal pursuant to § 38 (3) of the Tyrolean Tourism Act 2006, LGBl. 19;

14.

Appointment Commission in cases of duty pursuant to Section 5 (1) of the Law of 30 September 2009 on the tax authorities of the country and the municipalities and on the criminal law in matters of national taxes (Tiroler Abduties Act- TAbgG), LGBl. 97;

15.

Managing authority in accordance with § 93 of the Tyrolean Spatial Planning Act 2011-TROG 2011, LGBl. No. 56.

I. State of Vorarlberg

Commission of Performance Rights pursuant to § 4 (4) of the Law on the competence of the authorities for the exercise of the Diensthoness on the Land Teachers for Public Compulsory Schools (Landeslehrer-Diensthoheitsgesetz), LGBl. No. 34/1964.

J. Land Wien

1.

Building authority according to § 138 of the Vienna City Development, Urban Planning and Construction Code (Bauordnung für Wien-BO für Wien), LGBl. No 11/1930;

2.

Oberschiedskommission according to § 116 of the Law on the settlement of hunting (Wiener Jagdgesetz), LGBl. No 6/1948;

3.

Commission of the Duties Appointment Commission pursuant to Section 203 of the Law on the Law of the Vienna Abtax Organization Law (WAOR), LGBl. No 21/1962;

4.

Appointment Senate in accordance with § 48a (1) of the Constitution of the Federal Capital of Vienna (Wiener Stadtverfassung-WStV), LGBl. No 28/1968;

5.

Oberkommission der Stadtschulrat für Wien pursuant to § 4 paragraph 1 lit. b of the Law concerning the responsibility for the exercise of the Diensthoness on the Wiener Landesteachers and Landesteachers for schools of the people, main schools, special schools and polytechnic schools as well as for vocational schools (Wiener Landeslehrer und Landeslehrerinnen-Diensthoheitsgesetz 1978-LDHG 1978), LGBl. No 4/1979;

6.

Disciplinary commission of the City Council of Vienna pursuant to § 9 (1) (lit). c of the Law concerning the responsibility for the exercise of the Diensthoness on the Wiener Landesteachers and Landeslehrerinnen für Volks-, Haupt-, Sonderschulen und Polytechnische schools as well as for vocational schools (Wiener Landeslehrer und Landesinstructor und Landeslehrerinnen und Landeslehrerinnen und für Berufsschulen) Landeslehrerinnen-Diensthoheitsgesetz 1978-LDHG 1978), LGBl. No 4/1979;

7.

Senate Senate pursuant to Section 74a of the Act on the Service of Officials of the Federal Capital of Vienna (Code of Service 1994-DO 1994), LGBl. 56;

8.

Award-Control Senate according to § 3 of the Vienna Procurement Law Protection Act 2007 (WVRG 2007), LGBl. N ° 65/2006. "

Article 2

(constitutional provision)

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

(1) As far as they are still in effect, the following Federal Constitutional Laws and constitutional provisions contained in simple federal laws are repealed:

1.

Federal Constitutional Law of 7 December 1929, concerning transitional provisions on the Second Federal Constitutional Treaty, BGBl. No. 393, as last amended by the First Federal Constitutional Law Unification Act, BGBl. I No 2/2008;

2.

Section 24 (1) of the Federal Act against cartels and other restrictions on competition (Antitrust Act 2005-KartG 2005), Federal Law Gazette (BGBl). I n ° 61;

3.

Section 39 (3) of the Federal Act of 10 March 1967 relating to the Staff Committee of the Federal Office for the Protection of Human Resources (Bundes-Personnel Representation Act-PVG), Federal Law Gazette (BGBl). 133;

4.

§ 19a (1) of the Act on Disability of Persons with Disabilities (BEinstG), BGBl. No 22/1970;

5.

§ 41a (6) of the Federal Act of 27 June 1979 on the duty of officials (civil service law 1979-BDG 1979), Federal Law Gazette (BGBl). 333;

6.

§ 45 (3) of the Federal Act on Advice, Support and Special Assistance for Disabled Persons (BundesDisabled Persons Act-BBG), BGBl. No 283/1990;

7.

Federal Constitutional Law, with which the Federal Constitutional Law is amended in the version of 1929, BGBl. No 276/1992, as last amended by the BGBl agreement. I No 194/1999;

8.

§ 17a (2), first sentence of the Federal Law on the Establiting and Tasks of Post and Telekom Austria Aktiengesellschaft (Poststructuralgesetz-PTSG), BGBl. No 201/1996;

9.

§ 1 (5), § 35 (2) and § 38 (1) of the German Federal Act on the Protection of Personal Data (Data Protection Act 2000-DSG 2000), BGBl. I No 165/1999;

10.

§ 1 (1) and Section 6 (1) of the Federal Law on the Independent Financial Senate (UFS), BGBl. I No 97/2002;

11.

Section 73, together with the title of the Law 2002-HDG 2002, BGBl. I No 167;

12.

Section 291 (3) and § 294 (2) (3) of the Federal Act on the awarding of contracts (Bundesvergabegesetz 2006-BVergG 2006), BGBl. I No 17;

13.

Section 12 (4) of the Federal Act on the Regulatory Authority in the Electricity and Natural Gas Industry (Energy Control Law-E-ControlG), BGBl. I No 110/2010.

(2) The Federal Constitutional Law referred to in paragraph 1 (1) (1) and the constitutional provision referred to in paragraph 1 (1) (2) shall enter into force at the end of the month of the proclamation of the Federal Law BGBl. I No 51/2012. The federal constitutional laws and constitutional provisions referred to in paragraph 1 (1) (3) to (13) shall expire at the end of 31 December 2013.

Article 3

(constitutional provision)

Amendment of the Financial Constitution Act 1948

The Federal Constitutional Law on the regulation of financial relations between the Federal Government and the other local authorities (Financial-Constitutional Law 1948-F-VG 1948), BGBl. No. 45/1948, as last amended by the Federal Act BGBl. I No 103/2007, is amended as follows:

1. § 3 para. 2, first and second sentence reads as follows:

" The Länder are entitled to levy a levy from the municipalities or, where appropriate, to the municipal associations by means of national law. Federal law can set a maximum extent of the state's state-of-the-art. "

2. § 8 (4) the following sentence is added:

"However, these provisions shall not apply to charges levied on paid deliveries for which there is a federal authorisation."

3. § 9 reads:

" § 9. (1) Law decisions of the Landtage, the Land (municipality) shall be the subject of the matter, immediately after the decision of the Landtag before their proclamation by the Governor of the State shall be known to the Federal Chancellor's Office.

(2) Due to endangering of federal interests, the Federal Government may, within eight weeks of the date on which the decision of the Federal Chancellery has reached the Federal Chancellery, a reasoned objection against a legislative decision pursuant to para. 1 collect.

(3) Before the expiry of the opposition period, the customer's agreement shall be admissible only if the Federal Government expressly agrees to it.

(4) If the Federal Government repeals an objection and the Landtag repeats its decree-law in the presence of at least half of the members, the decision of the law may only be made known if the Federal Government acquits its objection. within three weeks of the date on which the repeated decree of law reached the Federal Chancellery's office.

(5) The Federal Government does not withdraw its objection, decide on the maintenance of the opposition of the National Council and the Bundesrat by a standing joint committee. In such a case, the Federal Government shall forward the opposition, following the deadline laid down in paragraph 4, to the President of the National Council for submission to the Committee, following the repeated legislative decision.

(6) The Committee referred to in paragraph 5 shall consist of 26 members, half of whom shall be elected by the National Council and by the Federal Council in accordance with the principles of proportional representation applicable to the election of committees in accordance with their rules of procedure. A substitute member shall be elected in the same way for each member of the committee. The Federal Council has to send a member from each country and a substitute member. The members elected by the National Council and the members elected by the Federal Council shall elect a chairman, who shall alternately lead the chair.

(7) The Committee shall be convened by the Chairman within one week of the date on which the Federal Government's objection has been received by the Committee. At the end of this period, the convocation shall be the responsibility of the President of the National Council, as well as for all other meetings.

(8) The Committee shall have a quorum if at least half of its members are present. If less than half of the members are present, a new meeting shall be convened in such a way as to allow the committee to meet within two weeks. In such a case, the Committee shall be validable if at least nine Members are present. The committee shall take its decisions with a majority of votes. The chairman agrees.

(9) The Committee shall adopt its rules of procedure by decision. In particular, provisions concerning the loss of membership of the Committee and the participation of other institutions may be taken at the meetings of the Committee. The Rules of Procedure are to be made known by the Federal Chancellor in the Federal Law Gazan.

(10) The Committee shall take its decision within six weeks of the day referred to in paragraph 7, first sentence. The decision of the law may only be made known if the committee does not decide within this period that the opposition of the Federal Government will remain. "

4. § 14 second sentence reads:

"§ 9 shall apply mutasensitily."

5. In § 17, the following paragraph 4 is inserted after paragraph 3d:

" (4) § 3 para. 2 first and second sentence, § 8 para. 4, § 9 and § 18 in the version of the Federal Law BGBl. I n ° 51/2012 enter into force with the end of the day of the presentation of this Federal Act; at the same time, Section 21 (1) of the financial compensation act 1967-FAG. 1967, BGBl. No 2, and section 14 (2) of the 1989-FAG Financial Equalization Act, 1989, BGBl. N ° 687/1988, as amended by the Federal Law BGBl. N ° 450/1992, except for force. The Committee pursuant to Section 9 (5) shall adopt a new rules of procedure within six months of the end of the day of the presentation of this Federal Law. "

6. The text of the previous § 17 para. 4 receives the paragraph designation "§ 18." .

Article 4

(constitutional provision)

Amendment of the Financial Criminal Law

The Federal Act of 26 June 1958, concerning the Financial Criminal Law and the Law on Financial Criminal Procedure (Finanzstrafgesetz-FinStrG.), BGBl. N ° 129, as last amended by the Federal Law BGBl. No 104/2010, shall be amended as follows:

1. In § 66 the term " "(constitutional provision)" Paragraph 1 reads as follows:

" (1) (constitutional provision) The members of the Spruchsenate shall not be bound by any instructions in the performance of their duties. "

2. The following paragraph 1q is inserted in § 265:

" (1q) (constitutional provision) § 66 in the version of the Federal Law BGBl. I n ° 51/2012 is 1. Jänner 2014 in force. "

Article 5

Amendment of the Federal Act amending the Invalidity Act of 1969

The Federal Act of 27 November 1988, which amended the Invalidity Act of 1969, BGBl. No. 721/1988, in the version of the Federal Law BGBl. No 313/1992, shall be amended as follows:

1. The title is: