57. Federal Constitutional Law, with which, in order to implement the Treaty of Lisbon, the Federal Constitutional Law and the Federal Constitutional Law, with the special provisions for the re-determination of the distribution of after the election of the members of the European Parliament to be adopted in 2009 by the Federal Electoral Authority (Lisbon accompanying novella)

The National Council has decided:

Article 1

Amendment of the Federal Constitutional Law

The Federal Constitutional Law, BGBl. No. 1/1930, as last amended by the Federal Act BGBl. I n ° 127/2009, is amended as follows:

1. Art. 23c reads:

" Article 23c. (1) The preparation of the Austrian proposals for the appointment of Members of the European Commission, of members of the Court of Justice of the European Union, of members of the Court of Auditors, of members of the Economic and Social Committee, and of The Social Committee, members of the Committee of the Regions and their alternates and members of the Board of Directors of the European Investment Bank shall be the responsibility of the Federal Government.

(2) Prior to the preparation of the proposals for the appointment of Members of the European Commission, the Court of Justice of the European Union, the Court of Auditors and the Management Board of the European Investment Bank, the Federal Government shall: The National Council and the Federal President shall inform whom it intends to propose. The Federal Government has the agreement to reach agreement with the main committee of the National Council on the proposals.

(3) Prior to the preparation of the proposals for the appointment of members of the Economic and Social Committee, the Federal Government has proposals of the legal and other professional representations of the various groups of economic and social affairs. of social life.

(4) The proposals for the appointment of members of the Committee of the Regions and their substitutes have to be made by the Federal Government on the basis of proposals from the Länder and by the Austrian Community Debt and the Austrian Association of Cities. create. Each country shall propose a member and its deputy; the other members and their alternates shall be proposed jointly by the Austrian Association of the Communities and the Austrian Association of Cities.

(5) The Federal Government shall inform the National Council of whom it has proposed in accordance with paragraphs 3 and 4 and to inform the Federal Council of whom it has proposed pursuant to paragraphs 2, 3 and 4. "

2. Art. 23d (2) reads:

" (2) If the Länder have a uniform opinion on a project concerning matters in which the legislation is a matter of national law, the Federation may, in the case of negotiations and votes in the European Union, only be subject to compelling measures. for integration and foreign policy reasons, differ from this opinion. The Federal Government shall immediately inform the Länder of these reasons. "

(3) Art. 23d (3), first and third sentences, shall be replaced by the following:

' Where a project also concerns matters in which the legislation is a matter of national law, the Federal Government may take part in the meetings of the Council and, in this context, to negotiate and to enter into negotiations with the Council. , a member of a national government appointed by the countries. This power shall be exercised by the representative of the Länder with the participation of the competent Federal Minister and in coordination with this; paragraph 2 shall also apply to him. "

4. In Art. 23d (5), first sentence, the word order "within the framework of European integration" through the phrase "within the framework of the European Union" and the phrase "by a court within the framework of the European Union" through the phrase "the Court of Justice of the European Union" replaced.

Article 23e and Article 23f shall be replaced by the following Articles: 23e to Article 23k:

" Article 23e. (1) The relevant Federal Minister shall immediately inform the National Council and the Federal Council of all projects within the framework of the European Union and shall have the opportunity to give them an opportunity to comment.

(2) The competent Federal Minister has the National Council and the Federal Council concerning an upcoming decision of the European Council or of the Council concerning:

1.		the transition from unanimity to qualified majority; or
2.		the transition from a special legislative procedure to the ordinary legislative procedure
to inform the National Council and the Federal Council of the responsibilities under this Article in good time and in good time.

(3) Where the National Council has delivered an opinion on a project which is aimed at the adoption of a binding act which would have an effect on the authorisation of federal laws on the territory governed by the act, the Federal Minister for Negotiations and Votes in the European Union may derogate from this opinion only for imperative reasons of integration and foreign policy. If the Federal Minister in charge intends to depart from the opinion of the National Council, he will have to refer the matter to the National Council again. If the project is aimed at the omission of a binding act which would either require the release of federal constitutional provisions or contain provisions which could only be made by such provisions, such In any event, a derogation shall be admissible only if it does not object to the National Council within a reasonable period of time. After the vote in the European Union, the competent Federal Minister shall report to the National Council without delay and, if appropriate, inform him of the reasons why he has deviated from the opinion.

(4) Has the Federal Council issued an opinion on a project aimed at the omission of a binding act which would either require the release of federal constitutional provisions, which would have jurisdiction over the the Länder are restricted in legislation or enforcement pursuant to Article 44 (2), or contains provisions which could only be made by such provisions, the competent Federal Minister may in the course of negotiations and votes in the European Union only for compelling integration and foreign policy reasons deviate from this opinion. In any case, a derogation shall be admissible only if it does not contradicts the Federal Council within a reasonable period of time. After the vote in the European Union, the Federal Minister responsible shall report to the Federal Council without delay and, if necessary, inform him of the reasons why he or she has deviated from the opinion.

Article 23f. (1) The National Council and the Bundesrat shall exercise the provisions of the Treaty on European Union, the Treaty on the Functioning of the European Union and the Protocols annexed to these Treaties, as amended. powers of the national parliaments.

(2) Each Federal Minister shall report to the National Council and the Federal Council at the beginning of each year on the projects of the Council and the Commission to be expected this year, as well as on the anticipated Austrian position on these projects.

(3) Further training obligations shall be provided by federal law.

(4) The National Council and the Federal Council may express their wishes for projects of the European Union in the form of communications to the institutions of the European Union.

Article 23g. (1) The National Council and the Bundesrat may, in a reasoned opinion, give a reasoned opinion on a draft legislative act within the framework of the European Union, which is why the draft act is not compatible with the principle of subsidiarity.

(2) The National Council and the Federal Council may require the competent Federal Minister to express an opinion on the compatibility of drafts in accordance with paragraph 1 with the principle of subsidiarity, which normally takes place within two weeks after the request has been made. .

(3) The Federal Council shall inform the Landtage immediately of all the drafts in accordance with paragraph 1 and shall give them the opportunity to comment. Upon decision-making of a reasoned opinion pursuant to paragraph 1, the Federal Council has to consider the opinions of the Landtage and inform the Landtage of such decisions.

Article 23h. (1) The National Council and the Bundesrat may decide that a legislative act within the framework of the European Union should be brought before the Court of Justice of the European Union for infringement of the principle of subsidiarity.

(2) The Federal Chancellery shall immediately forward the action on behalf of the National Council or the Bundesrat to the Court of Justice of the European Union.

Article 23i. (1) The Austrian Member of the European Council may agree to an initiative under Article 48 (7) of the Treaty on European Union in the version of the Treaty of Lisbon only if it is the National Council with the consent of the Federal Council has been empowered to do so on the basis of a proposal by the Federal Government. These decisions of the National Council and of the Bundesrat shall in each case require the presence of at least half of the members and a majority of two-thirds of the votes cast.

(2) Where, in accordance with the law of the European Union, the national parliaments are entitled to reject an initiative or a proposal relating to:

1.		the transition from unanimity to qualified majority; or
2.		the transition from a special legislative procedure to the ordinary legislative procedure
, the National Council may, with the consent of the Bundesrat, reject this initiative or proposal within the time limits laid down in accordance with the law of the European Union.

(3) Decisions of the Council which introduce new categories of own resources of the European Union require the approval of the National Council and the approval of the Bundesrat; Article 50 (4), second sentence, is to be applied mutasensitily. Other decisions of the Council laying down provisions on the system of the European Union's own resources shall be subject to the approval of the National Council. Art. 23e (2) shall apply mutatily.

(4) Art. 50 (4) shall apply to other decisions of the European Council or of the Council which, in accordance with the law of the European Union, only enter into force in accordance with their respective constitutional requirements after the consent of the Member States. shall apply mutatily.

(5) Decisions of the National Council and of the Federal Council pursuant to this Article shall be made known by the Federal Chancellor in the Federal Law Gazprom.

Article 23j. (1) Austria acts on the common foreign and security policy of the European Union under the terms of Title V, Chapters 1 and 2 of the Treaty on European Union, as amended by the Treaty of Lisbon, which is referred to in Article 3 (5) and Article 21 thereof. Paragraph 1, in particular, provides for respect for and respect for the principles of the Charter of the United Nations. This shall include participation in the tasks referred to in Article 43 (1) of this Treaty, as well as measures to suspend, restrict or fully suspend economic and financial relations with one or more third countries. Article 50 (4) shall apply mutatily to decisions of the European Council on a common defence.

(2) Article 23e (3) of the Treaty on European Union, as amended by the Treaty of Lisbon, shall apply to decisions within the framework of the common foreign and security policy of the European Union pursuant to Title V, Chapter 2 of the Treaty on European Union, as amended by the Treaty of Lisbon.

(3) In the case of decisions on the launching of a mission outside the European Union, the tasks of military advising and assistance, the tasks of conflict prevention and the maintenance of peace or combat operations within the framework of the Crisis management, including peace-building measures and post-conflict stabilisation operations, and in the case of decisions pursuant to Article 42 (2) of the Treaty on European Union, as amended by the Treaty of Lisbon as regards the progressive establishment of a common defence policy, To exercise voting rights in agreement between the Federal Chancellor and the Federal Minister responsible for foreign affairs.

(4) If the decision to be taken would result in an obligation for Austria to send units or individual persons, consent to the measures referred to in paragraph 3 may only be given under the reservation that it still has to do so in the case of Implementation of the procedure for the deployment of units or individual persons to foreign countries requires constitutional procedures.

Article 23k. (1) Further provisions of Art. 23e, 23f (1), (2) and (4) and (23g to 23j) meet the Federal Act on the Rules of Procedure of the National Council and the Rules of Procedure of the Federal Council.

(2) The powers of the National Council pursuant to Art. 23e, 23f (4), (23g) and 23j (2) shall be the main committee of the Council. The Federal Act on the Rules of Procedure of the National Council may provide that the Main Committee shall elect a standing subcommittee, for which the provisions of Article 55 (3) shall apply mutaly. The Joint Committee may delegate powers after the first sentence to this permanent subcommittee. Such a transfer may be revoked at any time in whole or in part. Under the Federal Act on the Rules of Procedure of the National Council, the powers of the Main Committee after the first sentence may be transferred to the National Council or to the permanent subcommittee of the Main Committee in accordance with the second sentence.

(3) The responsibilities of the Federal Council pursuant to Art. 23e, 23f Abs.4 and 23g may be conferred by the Federal Council's Rules of Procedure to a committee to be elected by the Federal Council. "

(6) In Article 73 (2), the word "Each" and the phrase "the European Union" .

(7) The following paragraph 43 is added to Article 151:

" (43) Art. 23c, Art. 23d para. 2, para. 3, first sentence and second sentence and para. 5, first sentence, Art. 23e to Art. 23k and Art. 73 (2), as amended by the Federal Constitutional Law BGBl. I No 57/2010 will enter into force on 1 August 2010. '

Article 2

Amendment of the Federal Constitutional Law, which enacts specific provisions for the re-determination of the distribution of mandates to be awarded by the Federal Electoral Authority after the election of the members of the European Parliament in 2009

The Federal Constitutional Law, which provides for special provisions for the redistribution of mandates by the Federal Electoral Authority following the election of the members of the European Parliament in 2009, BGBl. I n ° 32/2009, shall be amended as follows:

1. According to § 1, the following § 2 is inserted:

" § 2. For the purposes of appointing as observers, the Federal Electoral Authority shall immediately identify those candidates who would be assigned the additional mandates to be awarded in the case of an identification of the mandates in accordance with § 1. Section 78 (5) of the European Electoral Regulations shall apply mutatily. "

2. The previous § 2 shall receive the paragraph "§ 3." .

Fischer

Faymann