Amendment Of The Federal Constitution Act To Strengthen The Rights Of Communities

Original Language Title: Änderung des Bundes-Verfassungsgesetzes zur Stärkung der Rechte der Gemeinden

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60. Federal Constitutional Law, with which the Federal Constitutional Law will be amended to strengthen the rights of the municipalities

The National Council has decided:

The Federal Constitutional Law, BGBl. No. 1/1930, as last amended by the Federal Act BGBl. I n ° 98/2010, shall be amended as follows:

(1) The following second sentence shall be added to Article 15 (10):

" In such state laws, a cross-disciplinary cooperation can be carried out by district administrative authorities, including the cities with their own statute (Art. 116 (3)), in particular the delegation of powers of public authority,

1.

in the case of low frequency procedures, which require a high level of expertise, or

2.

in order to facilitate the exercise of responsibilities outside the periods specified for the movement of parties. "

Article 116a (1) first sentence reads as follows:

"In order to be concerned with their affairs, communities can join together by agreeing to congregation associations."

3. In Art. 116a (1) (1) and (2), the word "Tasks" by the word "Affairs" replaced.

4. In Art. 116a (2) the phrase "to run individual tasks" through the phrase "to the concern of the spheres of action of the municipality" replaced.

5. Article 116a (3) reads:

"(3) The organs of the municipal associations, which are to obtain matters of the community's own sphere of action, shall be in accordance with democratic principles."

6. In accordance with Article 116a (5), the following paragraph 6 is inserted:

' (6) An association of municipalities of different countries to congregation associations shall be permitted under an agreement between the countries concerned in accordance with Article 15a, which shall, in particular, lay down rules on the authorisation of the formation of the Community associations and the perception of supervision are to be included. "

7. In accordance with Art. 116a, the following Art. 116b is inserted:

" Article 116b. Municipalities in one country may conclude agreements with each other on their respective fields of activity if the national legislation provides for this. The national legislation also has rules on the proclamation of such agreements as well as on the decision of disagreements. Article 116a (6) makes sense for agreements concluded by municipalities in different countries. "

(8) The following paragraph 45 is added to Article 151:

" (45) Art. 15 (10), second sentence, Art. 116a (1) first sentence, Art. 116a (1) Z 1 and Z 2, Art. 116a (2), (3) and (6) and Art. 116b, as amended by the Federal Constitutional Law BGBl. I No 60/2011 will be 1. October 2011, in force. "

Fischer

Faymann