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Amendment Of The Federal Constitution Act And The Federal Budget Act

Original Language Title: Änderung des Bundes-Verfassungsgesetzes und des Bundeshaushaltsgesetzes

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1. Federal Constitutional Law, with which the Federal Constitutional Law and the Federal Budget Law will be amended

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 Constitutional Law BGBl. I No 27/2007, is hereby amended as follows:

1. Article 13 (2) reads as follows:

" (2) The Federal Government, the Länder and the Municipalities shall aim to ensure, in their financial management, the safeguarding of the overall economic equilibrium and sustainably ordered households. They shall coordinate their financial management with respect to these objectives. "

(2) The following paragraph 3 is added to Article 13:

"(3) The federal government, the Länder and the local authorities shall aim to achieve the effective equality of women and men in the financial management."

(3) Article 42 (5) reads:

" (5) Insufficiently legislative decisions of the National Council, the Rules of Procedure of the National Council, the dissolution of the National Council, a federal law, with which more detailed provisions on the preparation of the Federal Financial Framework Act, the Federal Finance Act and on the other financial management of the federal government is taken, a federal financial framework law, a federal financial law, a preliminary provision within the meaning of Article 51a (4) or a disposal on federal assets, the acquisition or conversion of a liability of the Federal government, the entry into or the transformation of a financial debt of the federal government or the approval of a federal clearance of accounts, the Federal Council shall not be involved. "

4. Art. 51 reads:

" Article 51. (1) The National Council decides the Federal Financial Framework Act as well as within its limits the Federal Finance Act; the deliberations shall be based on the respective draft of the Federal Government.

(2) The Federal Government has annually submitted to the National Council the draft of a Federal Financial Framework Act or a draft federal law with which the German Federal Financial Framework Law has been amended by a date fixed in a federal law. shall be submitted. For the following financial year and for the next three financial years, the Federal Financial Framework Act has the limits of the appropriation to be approved by the National Council in the respective Federal Finance Act at the level of headings and the broad guidelines of the To include staff plans, with the exception of the appropriation of funds for the repayment of financial debt and cash liabilities incurred as a result of a temporary cash increase, as well as the use of funds as a result of a capital exchange Currency exchange contracts. For further subdivisions, ceilings shall be laid down for the following financial year and for the next three financial years.

(3) The Federal Government has to submit to the National Council a draft Federal Finance Law for the following financial year at the latest ten weeks before the beginning of the financial year for which a federal financial law is to be adopted. Exceptionally, the Federal Government may submit the draft Federal Finance Act to the National Council for the following financial year and the next financial year, after years of separation.

(4) In the second half of the following financial year, a Federal Finance Law for the following financial year shall be adopted for the following financial year and the draft federal law amending the Federal Finance Act shall be amended by the Federal Finance Act. Federal Government to submit to the National Council no later than ten weeks before the beginning of the next financial year. In any case, the changes contained in the Federal Finance Law shall be related to the next financial year. The draft is to be taken by the National Council by the National Council until the end of the following financial year. Art. 51a (1) and (2) shall apply mutatily.

(5) The Federal Finance Act shall contain as annexes the Federal estimate and the staff plan as well as other basic principles essential for the financial management.

(6) For the financial management of the federal government:

1.

The ceilings of the headings of the Federal Financial Framework Act may not be exceeded, nor may they be authorized to exceed those limits, except in the case of defence (Art. 51b (4) and-in so far as a cover is guaranteed by savings or by means of additional measures-in the event of danger in default (Art. 51b (2).

2.

The limits of the subdivisions of the Federal Financial Framework Act to be determined by a federal law in accordance with paragraph 7 may not be exceeded for the following financial year, nor may it be authorized to exceed the limits of the Federal Financial Framework Act for the following financial year. because a federal law pursuant to paragraph 7 provides that these ceilings may be exceeded with the consent of the Federal Minister of Finance.

Where, exceptionally, a Federal Finance Act is adopted for the following financial year and the next financial year, the provisions of Z 2 shall apply with the proviso that the ceilings referred to in the last sentence of paragraph 2 shall apply to the following and the next following: Financial year shall apply.

(7) The more detailed provisions concerning the preparation of the Federal Financial Framework Act, the Federal Finance Act and the other financial management of the Federal Government are to be taken in accordance with uniform principles by federal law. These include, in particular, the structure and binding effect of the Federal Financial Framework Act, the procedure for the entry and conversion of liabilities from cash purchases which are not redeemed within the same financial year, or from long-term financing (financial debt), on the grounds of pre-stress, in the formation of budgetary reserves, in the case of federal assets and in the case of federal liability, and the involvement of the Court of Auditors in order to be able to pay of the accounting system. "

5. Article 51 reads:

" Article 51. (1) The National Council decides the Federal Financial Framework Act as well as within its limits the Federal Finance Act; the deliberations shall be based on the respective draft of the Federal Government.

(2) The Federal Government has annually submitted to the National Council the draft of a Federal Financial Framework Act or a draft federal law with which the German Federal Financial Framework Law has been amended by a date fixed in a federal law. shall be submitted. For the following financial year and for the next three financial years, the Federal Financial Framework Act has the limits of the appropriation to be approved by the National Council in the respective Federal Finance Act at the level of headings and the broad guidelines of the To include staff plans, with the exception of the appropriation of funds for the repayment of financial debt and cash liabilities incurred as a result of a temporary cash increase, as well as the use of funds as a result of a capital exchange Currency exchange contracts. For further subdivisions, ceilings shall be laid down for the following financial year and for the next three financial years.

(3) The Federal Government has to submit to the National Council a draft Federal Finance Law for the following financial year at the latest ten weeks before the beginning of the financial year for which a federal financial law is to be adopted. Exceptionally, the Federal Government may submit the draft Federal Finance Act to the National Council for the following financial year and the next financial year, after years of separation.

(4) In the second half of the following financial year, a Federal Finance Law for the following financial year shall be adopted for the following financial year and the draft federal law amending the Federal Finance Act shall be amended by the Federal Finance Act. Federal Government to submit to the National Council no later than ten weeks before the beginning of the next financial year. In any case, the changes contained in the Federal Finance Law shall be related to the next financial year. The draft is to be taken by the National Council by the National Council until the end of the following financial year. Art. 51a (1) and (2) shall apply mutatily.

(5) The Federal Finance Act shall contain as annexes the Federal estimate and the staff plan as well as other basic principles essential for the financial management.

(6) For the financial management of the federal government:

1.

The ceilings of the headings of the Federal Financial Framework Act may not be exceeded, nor may they be authorized to exceed those limits.

2.

The limits of the subdivisions of the Federal Financial Framework Act to be determined by a federal law in accordance with paragraph 9 may not be exceeded for the following financial year, nor may it be authorized to exceed the limits of the Federal Financial Framework Act for the following financial year. because a federal law pursuant to Section 9 provides that these ceilings may be exceeded with the consent of the Federal Minister of Finance.

Where, exceptionally, a Federal Finance Act is adopted for the following financial year and the next financial year, the provisions of Z 2 shall apply with the proviso that the ceilings referred to in the last sentence of paragraph 2 shall apply to the following and the next following: Financial year shall apply.

(7) The upper limits of paragraph 6 (1) and (2) may be exceeded in the following cases:

1.

In the event of danger in default, under a regulation of the Federal Government in agreement with the Committee of the National Council entrusted with the preliminary consultation of the Federal Finance Law, unforeseeable and unforeseeable additional funds may be used to the extent of a maximum of 2 vT of the sum of funds used by the Bundesfinanzgesetz (Federal Finance Act) shall be made if the cover is secured. If the Committee of the National Council, which has been entrusted with the preliminary consultation of the Federal Finance Law, does not take a decision within two weeks, the agreement shall be deemed to have been established.

2.

In the case of defense, for the purpose of comprehensive national defence (Art. 9a) unwhitish additional funds within a financial year up to a total of 10 vH of the sum of funds used by the Federal Finance Act pursuant to a regulation of the Federal Government in agreement with the The committee of the National Council is responsible for providing preliminary advice on federal financial legislation. In so far as the provision of such additional funds cannot be ensured by means of savings or additional funds raised, the Federal Government's Regulation shall authorize the Federal Minister of Finance to take action by entering into or conversion of financial debt for the necessary financial provision.

(8) In the financial management of the Federal Government, the principles of impact orientation shall, in particular, also be based on the objective of effective equality between women and men, transparency, efficiency and as faithfully as possible. Presentation of the financial situation of the Federal Republic of Germany.

(9) The more detailed provisions concerning the preparation of the Federal Financial Framework Act, the Federal Finance Act and the other financial management of the Federal Government are in accordance with uniform principles in accordance with the provisions of Section 8 of the Federal Act on meet. In particular, the following rules shall be laid down:

1.

the measures to be taken for an effective administration, in particular also taking into account the objective of effective equality between women and men;

2.

measures to ensure transparency, including the obligation to reimburse reports in the Committee of the National Council entrusted with the preliminary consultation of German federal financial legislation;

3.

Creation, structure and binding effect of the Federal Financial Framework Act;

4.

the outline of the Federal proposal;

5.

the binding effect of the Federal Finance Law, in particular in terms of time and regard;

6.

the justification of any pre-loadings, including the conditions in which the Federal Minister of Finance, in agreement with the committee of the Federal Finance Minister responsible for the preliminary consultation of the German Federal Finance Law, is charged a regulation by the Federal Minister of Finance. require the National Council or a legal authorisation;

7.

the formation of positive and negative budgetary reserves;

8.

Availability of federal assets, including the conditions under which there are provisions concerning the federal assets of a regulation of the Federal Minister of Finance in agreement with the preliminary consultation of federal financial laws. require the Committee of the National Council or a legal authorisation;

9.

the takeover of harboings by the federal government;

10.

the circumvention and conversion of liabilities arising out of cash procurements not paid within the same financial year or from long-term financing (financial debt);

11.

Incentive and sanction mechanisms;

12.

controlling;

13.

the involvement of the Court of Auditors in the order of the accounting system. "

6. Art. 51a is:

" Article 51a. (1) The Federal Government does not have the right to the National Council in good time (Art. 51 (2) and (3), a draft of a Federal Financial Framework Act or a Federal Finance Law may also be submitted by application of the Federal Financial Framework Act or of a Federal Finance Act to the National Council by the application of its members. .

(2) If the Federal Government is to submit a draft Federal Financial Framework Act or a Federal Finance Law after the position of such an application, the National Council may decide to base its deliberations on the draft.

(3) If the National Council has not adopted a federal financial framework law in a financial year, the upper limits of the last financial year for which upper limits have been established shall continue to apply.

(4) If the National Council has not adopted a federal financial law for a financial year and does not make any preliminary provision through federal law, the federal budget shall be carried out in accordance with the provisions of the last Federal Finance Act. Financial debt can then only be received by up to half of the maximum amounts provided for and short-term commitments on temporary cash payment up to the maximum amounts laid down in each case. "

Article 51b (3) reads as follows:

" (3) In the Federal Finance Act, the National Council may authorise the Federal Minister of Finance to agree to the exceeding of the expenditure provided for in the Federal Finance Act. This consent may only be granted if the excess is subject to conditions and is determined or calculated in terms of terms and conditions. In addition, with the consent of the Federal Minister of Finance, overruns of the expenditure provided for in the Federal Finance Act may be carried out if this additional expenditure is

1.

on the basis of a legal obligation,

2.

from an existing financial debt or on the basis of currency exchange contracts, or

3.

other obligation already existing at the time of entry into force of the Federal Finance Law

shall be required. Consent pursuant to the provisions of this paragraph may only be given in the event of an unforeseen necessity and only in so far as the cover is secured by savings or by means of additional measures and which shall be shall not be exceeded in respect of the relevant financial year in accordance with Article 51 (2) and (6). "

(8) In Article 51b, paragraphs 4 and 5 are deleted.

(9) In Article 51b, the previous paragraph 6 shall be replaced by the sales designation "(4)" .

(9a) The following paragraph 5 is added to Article 51b:

"(5) The Federal Minister of Finance has to inform the members of the Federal Government and the other budget-management bodies on a regular basis about the implementation of the budget."

10. Art. 51b reads:

" Article 51b. (1) The Federal Minister of Finance shall ensure that, in the case of budgetary management, the obligations due are first covered and then the remaining appropriations are made, but only in accordance with the conditions of cover and under Compliance with the principles laid down in Article 51 (8).

(2) If it requires the development of the federal budget or if a substantial change in the overall economic development is signed during the financial year, the Federal Minister of Finance may be responsible for the management of the federal budget with Consent of the Federal Government or on the basis of federal financial law authorization shall bind a certain proportion of the use of funds provided for in the Federal Finance Act, provided that this does not affect the fulfilment of due obligations of the Federal Government. Within a period of one month, he shall report the binding to the Committee of the National Council entrusted with the preliminary consultation of the Federal Finance Law.

(3) The Federal Minister of Finance shall regularly inform the members of the Federal Government and the other House-dependent institutions of the implementation of the budget. "

11. Art. 51c is:

" Article 51c. (1) Use of funds which are not provided for in the Federal Finance Act or which exceed the appropriation of funds approved by the National Council may only be carried out in the context of financial management by reason of the federal financial regulation.

(2) The National Council may, in the Federal Finance Act, authorize the Federal Minister of Finance to agree to the overshooting of the use of the funds provided for in the Federal Finance Act. This authorisation may only be granted, provided that the excess is subject to conditions and is determined or calculated in terms of terms and conditions. In addition, with the consent of the Federal Minister of Finance, overruns of the appropriation of funds provided for in the Federal Finance Act may be carried out if this

1.

on the basis of a legal obligation,

2.

from an existing financial debt or on the basis of currency exchange contracts, or

3.

other obligation already existing at the time of entry into force of the Federal Finance Law

shall be required. Consent pursuant to the provisions of this paragraph may only be given in the event of an unforeseen necessity and only in so far as the coverage is ensured and the respective binding upper limits pursuant to Art. 51 (1) (1) (1). 2 and 6 shall not be exceeded for the financial year concerned. The Federal Minister of Finance may, in agreement with the competent authority, provide the appropriations granted under the provisions of this paragraph for assent to overruns of appropriations provided for in accordance with the provisions of Z 2. budget management body to heads of departments, provided that this is necessary for the implementation of an effective administration.

(3) The Federal Minister of Finance has to report on a quarterly basis to the Committee of the National Council, which has been entrusted with the preliminary consultation of German Federal Finance Law, on the measures taken pursuant to paragraph 2. "

12. Art. 51d reads:

" Article 51d. (1) The participation of the National Council in the financial management is the responsibility of the Committee of the National Council, which has been entrusted with the preliminary consultation of the Federal Finance Law. It may delegate certain tasks to a permanent subcommittee, which shall also be responsible for participating in the management of the budget if the National Council is dissolved by the Federal President pursuant to Article 29 (1). The committee responsible for the preliminary consultation of federal financial legislation and its permanent subcommittee are also outside the meetings of the National Council (Art. 28), if the need arises. More detailed provisions apply to the Federal Act on the Rules of Procedure of the National Council.

(2) Further reports beyond the provisions of Article 51b (2) and 51c (3) shall be submitted to the Committee of the National Council entrusted with the preliminary consultation of German Federal Finance laws in accordance with special federal regulations. "

(13) In Article 123a (1) and in Article 148d, the expression: "Chapter" in each case by the expression "Subdivisions" replaced.

(14) The following paragraph 37 is added to Article 151:

" (37) For the entry into force of the Federal Constitutional Law BGBl, by Article 1 of the Federal Constitutional Law. I n ° 1/2008, the following provisions shall apply:

1.

Art. 13 (2) and (3), Art. 51 in the version of Z 4, Art. 51a, Art. 51b in the version of Z 7 to 9a, Art. 123a (1) and Art. 148d. January 2009 in force; the Federal Financial Framework Act for the financial years 2009 to 2012 and the Federal Finance Law for the financial year 2009 are already to be drawn up and decided on the basis of these provisions, with the draft of the Federal Financial Framework Law for the financial years 2009 to 2012 at the latest at the same time as the draft for the Federal Finance Law for the financial year 2009 to be submitted to the National Council.

2.

Art. 51 in the version of Z 5, Art. 51b in the version of Z 10, Art. 51c and Art. 51d are presented with 1. Jänner 2013 in force. Article 51, as amended by Z 4 and Article 51b, as amended by Z 7 to 9a, shall expire at the end of 31 December 2012. This legal situation is already valid for the preparation of the Federal Financial Framework Act for the financial years 2013 to 2016 as well as the Federal Finance Law for the financial year 2013 and its decision-making by the National Council.

Art. 51a in the version of the Federal Law BGBl. I No 100/2003 shall continue to apply until 31 December 2012. "

Article 2

Amendment of the Federal Budget Act

Federal Budget Law, BGBl. No. 213/1986, as last amended by the Federal Law BGBl. No 24/2007, is hereby amended as follows:

The following paragraph 36 is added to § 100:

" (36) (constitutional provision) § 17a (1), (3) and (5) and Section 17b shall expire at the end of 31 December 2012. "

Fischer

Gusenbauer