Austria is a democratic republic. Its law emanates from the people.

(1) Austria is a federal state.

(2) The Federal State is composed of the autonomous States of Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tirol, Vorarlberg, and Vienna.

(1) The federal territory comprises the territories of the Federal States.

(2) A change in the federal territory, which is at the same time a change in State territory, just as the change of a State boundary within federal territory, can, apart from peace treaties, only be effected by corresponding constitutional laws of the Federation and the State whose territory undergoes change.

(1) The federal territory constitutes a uniform currency, economic, and customs area.

(2) Intermediate customs barriers or other traffic restrictions may not be established within federal territory.

(1) The federal capital and seat of the highest federal authorities is Vienna.

(2) For the duration of extraordinary circumstances the Federal President can, at the request of the Federal Government, remove the seat of the highest federal authorities elsewhere in federal territory.

(1) All federal nationals are equal before the law. Privileges based upon birth, sex, estate, class, or religion are excluded.

(2) Public employees, including members of the Federal Army, are guaranteed the unrestricted exercise of their political rights.

German is the official language of the Republic without prejudice to the rights provided by federal law for linguistic minorities.

(1) The colors of the Republic of Austria are red-white-red. The flag consists of three identically broad horizontal stripes of which the intermediate is white the upper and the lower are red.

(2) The federal Coat of Arms consists of an unfettered single-headed, black, gilt-armed and red-tongued eagle on whose breast is imposed a red shield intersected by a silver crosspiece. On its head, the eagle bears a mural crown with three visible merlons. A sundered iron chain rings both talons. The right holds a golden sickle with inward turned blade, the left a golden hammer.

(3) Detailed provisions, in particular as to safeguard of the colors, the coat of arms, and the seal of the Republic, are settled by federal law.

(1) The generally recognized rules of international law are regarded as integral parts of federal law.

(1) Austria subscribes to universal national defence. Its task is to preserve the federal territory's outside independence as well as its inviolability and its unity, especially as regards the maintenance and defence of permanent neutrality. In this connection, too, the constitutional establishments and their capacity to function as well as the democratic freedoms of residents require to be safeguarded and defended against acts of armed attack from outside.

(2) Universal national defence comprises military, intellectual, civil, and economic national defence.

(3) Every male Austrian national is liable for military service. Conscientious objectors who refuse the fulfillment of compulsory military service and are exonerated therefrom must perform an alternative service. The details are settled by law.

(1) The Federation has powers of legislation and execution in the following matters:

(1) In the following matters legislation is the business of the Federation, execution that of the States:

(2) In so far as a need for the issue of uniform regulations is considered to exist, the administrative procedure the general provisions of administrative penal law, the administrative penal procedure and the administrative execution also in matters where legislation lies with the States in particular also in matters of taxation, are prescribed by federal law; divergent regulations can be made in Federal or State laws settling the individual spheres of administration only when they are requisite for regularization of the matter in hand.

(3) Enabling ordinances to the federal laws promulgated in accordance with Paragraphs (1) and (2) shall be issued, save as otherwise provided in these laws, by the Federation. The manner of publication for enabling ordinances whose issue by the States in matters concerning Paragraph (1) no.4 and 6 is empowered by federal law can be prescribed by federal law.

(4) The application of the laws promulgated pursuant to Paragraph (2) and the enabling ordinances issued hereto lies with the Federation or the States, depending on whether the business which forms the subject of the procedure is a matter for execution by the Federation or the States.

(5) In proceedings before the administrative authorities the final decision on administrative contraventions lies with administrative penal tribunals to be constituted within the framework of the competent authorities. The members of these tribunals are independent in the exercise of their office and not bound by any instructions. The senior official of the authority concerned or a deputy delegated by him, who must have legal training, presides. The Federation appoints two members also in cases where the tribunals have not been constituted within the framework of the federal authorities. Acting on applications from the administrative penal tribunals, the State-Governors are competent to exercise the right of pardon provided for by law where penal administrative business arises under the indirect federal administration, the State Governments in matters of the autonomous sphere of competence of the States. Details regarding the establishment of administrative penal tribunals and their activity will be prescribed by federal law.

(1) In the following matters, framework legislation is the business of the Federation, the issue of implementing laws and execution the business of the States:

(2) In matters of land reform the final decision and that at State level lies with tribunals composed of a chairman and judges, administrative officials, and experts the tribunal qualified to pronounce final judgment will be appointed within the framework of the competent Federal Ministry. The organization, the duties and the procedure of the tribunals as well as the principles for the organization of other authorities concerned with matters of land reform will be prescribed by federal law. This shall provide that the decisions by the tribunals are not subject to repeal and change by way of administrative ruling; the exclusion of ordinary appeal from the authority of first instance to the State jurisdiction is inadmissible.

(3) If and inasmuch as the rulings of State authorities in matters of electric power deviate from one another or a State Government was the sole competent State authority, the competence in such a matter passes, provided a party so demands within the deadline to be fixed by federal law, to the Federal Ministry competent in the business. As soon as the Ministry has reached a decision, the rulings hitherto made by the State authorities are invalidated.

The competencies of the Federation and the States in the field of taxation will be prescribed in a special federal constitutional law.

(3) In the following matters framework legislation is the business of the Federation, the issue of implementing laws and execution the business of the States:

(4) In the following matters legislation and execution is the business of the States:

(5) In the following matters legislation and execution are, in deviation from the provisions of Paragraphs (2) to (4), the business of the Federation:

(6) Public schools are those schools which are established and maintained by authorities so required by law. The Federation is the authority so required by law in so far as legislation and execution in matters of the establishment, maintenance, and dissolution of public schools are the business of the Federation. The State or, according to the statutory provisions, the County, or a County Association is the authority so required by law in so far as legislation or implementing legislation and execution in matters of establishment, maintenance and dissolution of public schools are the business of the State. Admission to public school is open to all without distinction of birth, sex race, status, class, language and religion, and in other respects within the limits of the statutory requirements. The same applies analogously to kindergartens, centers, and student hostels.

(7) Private schools are different from public schools; they shall be accorded public status according to the statutory provisions.

(1) Save as provided otherwise in the following paragraphs, legislation and execution are the business of the States with regard to agricultural and forestry schooling as well as with regard to agricultural and forestry education in matters of student hostels, and in matters of the service code for and staff representation rights of teachers and educational assistants at the schools and student hostels falling under this Article. Matters of university training do not fall under agricultural and forestry schooling.

(2) Legislation and execution is the business of the Federation in the following matters:

(3) Save as it concerns matters mentioned in Paragraph (2), legislation is the business of the Federation, execution the business of the States in matters of

(4) Framework legislation is the business of the Federation, the issue of implementing laws and execution is the business of the States:

(5) The establishment of the agricultural and forestry technical colleges and research institutes specified under Paragraph (2)(c) and (g) is only admissible if the State government of the State in which the vocational school or technical college is to have its location has agreed to the establishment. This agreement is not requisite if the establishment concerns an agricultural and forestry school which is to be organizationally linked to a school for the training and supplementary training of teachers and agricultural and forestry schools to ensure provision of the demonstrations scheduled in their curricula.

(6) It lies within the competence of the Federation to see to the observance of the regulations issued by it in matters whose execution in accordance with Paragraphs (3) and (4) belongs to the States.

(8) federal laws on matters pursuant to Paragraph (4) can be passed by the House of Representatives only ill the presence of at least half the members and by a two thirds majority of the votes cast.

(1) In so far as a matter is not expressly assigned by the Federal Constitution to the Federation for legislation or also execution, it remains within the States' autonomous sphere of competence.

(2) In matters of local public safety administration, i.e., that part of public safety administration which exclusively or preponderantly affects the interests of the local community personified by the County and which, like preservation of public decency and defence against the improper creation of noise, can suitably be undertaken by the community within its local boundaries, the Federation has authority to supervise the conduct of these matters by the County and to redress any observed shortcomings by instructions to the State-Governor. Inspectoral authorities of the Federation can for this purpose be delegated to the County; in each and every case the State-Governor shall be informed hereof.

(3) The provisions of States legislation in matters of theaters and cinemas, public shows, performances, and entertainments shall assign to the federal public safety administration within its local sphere of competence at least the superintendence of the events, in so far as this does not extend to technical operation, building police, and fire police considerations, and the participation by the administration in the initial stage of grant of licenses as stipulated by such legislation.

(5) In so far as executive acts in building matters concern federally owned buildings which serve public purposes, like accommodation for federal authorities and offices or public institutions including schools and hospitals or barracks quarters for members of the Army or other federal employees, these executive acts fall under the indirect federal administration; the final decision on appeals rests with the State-Governor. Nevertheless determination of alignment and level in these cases too falls under the executive power of the States.

(6) In so far as framework legislation has been reserved to the Federation, detailed implementation within the framework laid down by federal law is incumbent on State legislatures. The federal law can fix for the issue of the implementing legislation a deadline which may not without the consent of the Senate, be shorter than six months and not longer than one year. If a State does not observe this deadline, competence for the issue of the implementing legislation passes from that State to the Federation. As soon as the State has issued the implementing legislation the federal implementing legislation becomes invalidated. If the Federation has not established any framework, State legislation is free to settle such matters. As soon as the Federation has established a framework, the provisions of State legislation shall within the deadline to be appointed by federal law be adjusted to the framework legislation.

(9) States are competent within the scope of their legislation to make likewise in the field of civil and criminal law the provisions necessary to dispose of an item.

(10) State legislation which alters or settles along the lines the existent organization of the ordinary public administration in the States, may only be promulgated with the consent of the Federal Government.

(2) Agreements between the States can only be made about matters of their autonomous sphere of competence and must without delay be brought to the Federal Government's knowledge.

(3) The principles of international law concerning treaties shall apply to agreements within the meaning of Paragraph (1). The same applies for agreements within the meaning of Paragraph (2), save as provided otherwise by corresponding constitutional laws of the States in question.

(1) The States are bound to take measures which become necessary within their autonomous sphere of competence for the implementation of international treaties; should a State fail to comply punctually with this obligation, competence for such measures, particularly issuing the necessary laws, passes to the Federation. A measure taken by the Federation pursuant to this provision, particularly issuing a law or an ordinance, becomes invalid as soon as the State has taken the requisite action.

(2) The Federation can in all these legal relations never be placed by State legislation in a position less favorable than that of the State concerned.

(1) The entire public administration shall be based on law.

(2) Every administrative authority can on the basis of law issue ordinances within its sphere of competence.

(4) Every ordinance issued in accordance with Paragraph (3) shall without delay be submitted by the Federal Government to the House of Representatives which if it is not in session at this time shall be convened by the Federal President, but if it is in session by the President of the House of Representatives, on one of the eight days following its submission. Within four weeks of the submission, the House of Representatives must either vote a corresponding federal law in place of the ordinance or pass a resolution demanding that the ordinance immediately become invalidated. In the latter case the Federal Government must immediately meet this demand. In order that the resolution of the House of Representatives may be adopted in time, the President shall at the latest submit the motion to the vote on the last day but one before expiry of the four weeks deadline; detailed provisions shall be made in the Standing Orders.

(1) The highest executive authorities are the Federal President, the Federal Ministers and the Secretaries of State, and the members of the State Governments.

(2) The admissibility of activities in the private sector of the economy by the authorities specified in Paragraph (1) and other public functionaries can be restricted by federal law.

(1) Under the direction of the highest authorities of the Federation and the States elected temporary functionaries or permanent appointees conduct the administration in accordance with the provisions of the laws. They are, except for differing regulations by Constitutional laws, bound by the instructions of their superiors and responsible to these for the exercise of their office. The subordinate officer can refuse compliance with an instruction if the instruction was given by an authority not competent in the matter or compliance would infringe the criminal code.

(2) If Federal or State law has appointed for decision in the last instance a tribunal whose rulings are, according to the provisions of the law, not subject to rescission or alteration through administrative authorities and whose membership includes at least one judge, the other members of this tribunal are likewise bound by no instructions in the exercise of their office.

(3) All functionaries entrusted with administrative duties of Federation, States, and Counties are, except for differing regulations by law, pledged to secrecy about all facts of which they have obtained knowledge exclusively from their official activity and whose concealment is enjoined by the public interest or that of the parties concerned. Official secrecy does not exist for functionaries appointed by a popular representative body if it expressly asks for such information.

(2) The State laws promulgated in accordance with Paragraph (1) in the field of service contract regulations may only contain provisions dealing with establishment and severance of the employment relationship and the rights and duties arising therefrom. Legislation and execution in matters of employee protection for functionaries (Paragraph (1)) and to staff representation of States functionaries, in so far as they are not engaged in public enterprises, are incumbent on the States. In so far as in accordance with this paragraph the States are not competent, the aforementioned matters fall within the competence of the Federation.

(3) The service prerogative with regard to employees of the Federation is exercised by the highest authorities of the Federation, the service prerogative with regard to employees of the States by the highest authorities of the States. The service prerogative with regard to the employees of the Auditing Board is exercised on behalf of the Federation by the president of the Auditing Board.

(4) The possibility of an alternation of service between the Federation, the States, the Counties, and the County Associations pertains guaranteed at all times to public employees. The alternation of service will take place with the agreement of the authorities competent to exercise the service prerogative. Special arrangements to facilitate the alternation of service can be made by federal law.

(5) Official titles for the functionaries of the Federation, the States, the Counties, and the County Associations can be laid down by federal law in a standardized form. Their use is safeguarded by law.

All authorities of the Federation, the States, and the Counties are bound within the framework of their legal sphere of competence to render each other mutual assistance.

(1) The Federation, the States, the Districts, the Counties, and the other bodies and institutions established under public law are liable for the injury which persons acting on their behalf in execution of the laws have by illegal behavior culpably inflicted on whomsoever.

(2) Persons acting on behalf of one of the legal entities specified in Paragraph (1) are liable to it, in so far as intent or gross negligence can be laid to their charge, for the injury for which the legal entity has indemnified the injured party.

(3) Persons acting on behalf of one of the legal entities specified in Paragraph (1) are liable for the injury which in execution of the laws they have by illegal behavior inflicted directly on the legal entity.

(4) The detailed provisions with respect to Paragraphs (1) to (3) will be established by federal law.

(5) A federal law can also provide to what extent special provisions deviating from the principles laid down in Paragraph (1) to (3) above apply in the field of the postal, telegraph, and telephone system.

Part A The House of Representatives

The legislative power of the Federation is exercised by the House of Representatives jointly with the Senate.

(1) The seat of the House of Representatives is Vienna, the federal capital.

(2) For the duration of extraordinary circumstances, the Federal President can at the request of the Federal Government convoke the House of Representatives elsewhere within federal territory.

(1) The House of Representatives is elected by the nation in accordance with the principles of proportional representation on the basis of equal, direct, secret, and personal suffrage for men and women who have completed their nineteenth year of life on a day appointed prior to the election. Voting is compulsory in the Federal States where this has been enacted by State law. Detailed provisions about the electoral procedure and compulsory voting, if necessary, will be made by federal law. This federal law shall in particular lay down the reasons held to excuse non-participation in the election notwithstanding compulsory voting.

(2) The federal territory will be divided into self-contained constituencies whose boundaries may not overlap States boundaries. The number of deputies shall be divided among the qualified voters of a constituency in proportion to the number of nationals in the constituencies, i.e., the number of federal nationals who in accordance with the result of the last census had their domicile in the constituencies. A division of the electorate into other electoral bodies is not admissible.

(3) The day of the poll must be a Sunday or other public holiday.

(4) Eligible for election is every qualified voter who has completed his/her twenty first year of life before the day appointed prior to the election.

(5) Exclusion from the right to vote and from eligibility can only ensue from a sentence or order by the courts.

(7) The electoral register will be drawn up by the Counties as part of their assigned sphere of competence.

(1) The legislative period of the House of Representatives lasts four years, calculated from the day of its first meeting but in any case until the day on which the new House of Representatives meets.

(2) The newly elected House of Representatives shall be convened by the Federal President within thirty days after the election. The latter shall be so arranged by the Federal Government as to enable the newly elected House of Representatives to meet on the day after the expiry of the fourth year of the legislative period.

(1) The Federal President convokes the House of Representatives each year for an ordinary session which shall not begin before 15 Sep and not last longer than 15 July the following year.

(2) The Federal President can also convoke the House of Representatives for extraordinary sessions. If the Federal Government or at least one third of the members of the House of Representatives or if the Senate so demands, the Federal President is bound to convoke the House of Representatives for an extraordinary session to meet within two weeks of the demand; the convocation needs no countersignature. A request by members of the House of Representatives or by the Senate does not require a recommendation by the Federal Government.

(3) The Federal President declares sessions of the House of Representatives closed in pursuance of a vote by the House of Representatives.

(4) Upon the opening of a new House of Representatives session within the same legislative period work will be continued in accordance with the stage reached at the close of the last session. At the end of a session individual committees can be instructed by the House of Representatives to continue their work.

(5) During a session the President of the House of Representatives convokes the individual sittings. If within a session at least a quarter of the House of Representatives' members or the Federal Government so demands, the President is bound to convoke a sitting in such manner that the House of Representatives meets within five days of the demand.

(6) The federal law on the House of Representatives' Standing Orders shall lay down special provisions for its convocation in the event of the elected Presidents being precluded from the performance of their office or being deprived of their functions.

(1) The Federal President can dissolve the House of Representatives, but he may avail himself of this prerogative only once for the same reason. In such case the new election shall be so arranged by the Federal Government that the newly elected House of Representatives can at the latest meet on the hundredth day after the dissolution.

(2) Before expiry of a legislative period the House of Representatives can vote its own dissolution by simple law.

(3) After a dissolution pursuant to Paragraph (2) as well as after expiry of the period for which the House of Representatives has been elected, the legislative period lasts until the day on which the newly elected House of Representatives meets.

(1) The House of Representatives elects the President, the Second, and Third Presidents from among its members.

(2) The business of the House of Representatives is conducted in pursuance of a special federal law. The federal law on the House of Representatives' Standing Orders can only be passed in the presence of half the members and by a two thirds majority of the votes cast.

(3) The Parliamentary Staff, which is subordinate to the President of the House of Representatives, is competent for the conduct of Parliamentary auxiliary services and administrative matters within the scope of the federal legislature. The internal organization of the Parliamentary Staff for matters of the Senate shall be settled in agreement with the Chairman of the Senate who is likewise invested with authority to issue instructions as to implementation of the functions assigned to the Senate on the basis of this law.

(4) The nomination of Parliamentary Staff employees and all other competencies in personnel matters lie with the President of the House of Representatives.

(5) The President of the House of Representatives can delegate parliamentary Staff employees to parliamentary parties for help in the fulfillment of parliamentary duties.

(6) The President of the House of Representatives is the highest administrative authority in the execution of the administrative matters for which he is, according to this Article, competent and he exercises these powers in his own right. He may issue ordinances inasmuch as these exclusively concern administrative matters regulated by this Article.

Save as otherwise provided in this law or as otherwise laid down in the federal law on the House of Representatives' Standing Orders with regard to individual matters, the presence of at least one third of the members and an absolute majority of the votes cast is requisite to a vote by the House of Representatives.

(1) The sessions of the House of Representatives are public.

(2) The public shall be excluded if the chairman or one fifth of the members present so demand and the House of Representatives votes this after the withdrawal of the audience.

No one shall be called to account for publishing true accounts of proceedings in the public sessions of the House of Representatives and its committees.

Part B The Senate

(1) Pursuant, to the following provisions, the States are represented in the Senate in proportion to the number of nationals in each of them.

(2) The State with the largest number of citizens delegates twelve members, every other State as many as the ratio in which its nationals stand to those in the first-mentioned State, with remainders which exceed half the coefficient counting as full. However, every State is entitled to a representation of at least three members. A substitute will be appointed for each member.

(3) The number of members to be delegated by each State accordingly will be re-calculated after every general census by the Federal President.

(1) The members of the Senate and their substitutes are elected by the State Parliaments for the duration of their respective legislative periods in accordance with the principle of proportional representation, but at least one seat must fall to the party having the second largest number of seats in a State Parliament or, should several parties have the same number of seats, the second highest number of votes at the last election to the State Parliament. When the claims of several parties are equal, the issue shall be decided by lot.

(2) The members of the Senate need not belong to the State Parliament which delegates them, but they must be eligible for that State Parliament.

(3) After expiry of the legislative period of a State Parliament or after its dissolution, the members delegated by it to the Senate remain in office until such time as the new State Parliament has held the election to the Senate.

(1) The States succeed each other in alphabetical order every six months in the chairmanship of the Senate.

(2) The representative who heads the delegation of the State entitled to the chairmanship acts as Chairman; the appointment of the Deputy Chairmen will be prescribed by the Senate's Standing Orders.

(3) The Senate will be convoked by its Chairman at the seat of the House of Representatives. The Chairman is bound immediately to convoke the Senate if at least one quarter of its members or the Federal Government so demands.

(1) Save as provided differently by law, the presence of at least one third of the members and an absolute majority of the votes cast is requisite to a resolution by the Senate.

(2) The Senate furnishes itself with Standing Orders by way of resolution. This resolution can only be adopted in the presence of half the members with a two thirds majority of the votes cast.

Part C The Federal Assembly

The House of Representatives and the Senate meet, together building the Federal Assembly, in public session at the seat of the House of Representatives for the affirmation of the Federal President as well as for the adoption of a resolution on a declaration of war.

(2) The House of Representatives' Standing Orders are applied analogously in the Federal Assembly.

(1) The resolutions of the Federal Assembly are authenticated by its Chairman and countersigned by the Federal Chancellor.

(2) The resolutions of the Federal Assembly upon a declaration of war shall be officially published by the Federal Chancellor.

Part D Federal Legislative Procedure

(1) Legislative proposals are submitted to the House of Representatives either as motions by its members or as Federal Government bills. The Senate can propose legislative motions to the House of Representatives by way of the Federal Government.

(2) Every motion proposed by 100,000 voters or by one sixth each of the voters in three States shall be submitted by the main electoral board to the House of Representatives for action. The initiative must be put forward in the form of a draft law.

(1) Every enactment of the House of Representatives shall without delay be conveyed by the President to the Senate.

(2) Save as otherwise provided by constitutional law, an enactment can be authenticated and published only if the Senate has not raised a reasoned objection to this enactment.

(3) This objection must be conveyed to the House of Representatives in writing by the Chairman of the Senate within eight weeks of the enactment's arrival; the Federal Chancellor shall be informed thereof.

(4) If the House of Representatives in the presence of at least half its members once more carries its original resolution, this shall be authenticated and published. If the Senate resolves not to raise any objection or if no reasoned objection is raised within the deadline laid down in Paragraph (3), the enactment shall be authenticated and published.

(5) The Senate can raise no objection to resolutions of the House of Representatives relating to a law on the House of Representatives' Standing Orders, the dissolution of the House of Representatives, the appropriation of the Federal Budget estimates, the sanction of the final Federal Budget, the raising or conversion of federal loans, or the disposal of federal property. These enactments of the House of Representatives shall be authenticated and published without further formalities.

(1) Constitutional laws or constitutional provisions contained in simple laws can be passed by the House of Representatives only in the presence of at least half the members and by a two thirds majority of the votes cast, they shall be explicitly specified as such.

(1) For a referendum, the absolute majority of the validly cast votes is decisive.

(2) The result of a referendum shall be officially announced.

(1) The procedure for an initiative and a referendum will be prescribed by federal law.

(2) Everyone who is eligible for the House of Representatives has the right to vote.

(3) A referendum takes place at the order of the Federal President.

(1) The constitutional enactment of federal laws is authenticated by the signature of the Federal President.

(2) The submission for authentication is effected by the Federal Chancellor.

(3) The authentication shall be countersigned by the Federal Chancellor.

(3) A special federal law on the Federal Law Gazette will he promulgated.

(1) The Federal Chancellor is empowered jointly with the competent Federal Ministers to restate with binding effect federal laws in their valid version by publication in the Federal Law Gazette.

(2) On the occasion of the republication:

(3) From the day following issue of the republication all courts and administrative authorities are bound by the restated text of the federal law in respect of facts materializing thereafter.

Part E Participation of the House of Representatives and of the Senate in Execution by the Bund

(1) Political treaties, and others in so far as their contents modify or complement existent laws, may only be concluded with the sanction of the House of Representatives.

(2) At the time of giving its sanction to a treaty which falls under Paragraph (1), the House of Representatives can decide that the treaty in question shall be implemented by the issue of laws.

(1) At the latest ten weeks before expiry of the fiscal year the Federal Government shall submit to the House of Representatives an estimate of the revenue and expenditure of the Federation for the ensuing fiscal year. Its contents may not be made public before the beginning of the deliberations in the House of Representatives.

(2) Federal expenditure not earmarked in the Federal Finance Act or by a special law requires before its execution constitutional sanction by the House of Representatives which shall be obtained by the Federal Minister of Finance. Should delay be dangerous, such federal expenditure, in so far as it does not exceed 1,000,000.- Schilling, can be undertaken with the consent of the Main Committee of the House of Representatives; the sanction of the House of Representatives shall subsequently be requested.

(3) If the draft Federal Budget submitted by the Federal Government in due time (Paragraph (1)) to the House of Representatives is not constitutionally sanctioned before expiry of the fiscal year and by that date no temporary provision has been made by federal law, then, during the first two months of the ensuing fiscal year, the taxes, levies, and imposts revenue shall be collected in accordance with the existing regulations and federal expenditure shall be defrayed to the account of the appropriations to be laid down by law, with the exception of expenditure of a kind not specially earmarked in the last Federal Finance Act. The ceiling of the admissible federal expenditure is formed by the expenditure appropriations contained in the draft Federal Budget submitted to the House of Representatives, and one twelfth of these appropriations shall serve as the foundation for each month's expenditure. The expenditure requisite to the fulfillment of legal liabilities shall be defrayed in accordance with maturity. The filling of official appointments likewise ensues on the basis of the draft Federal Finance Act submitted to the House of Representatives. In other respects, the provision of the last Federal Finance Act, in so far as they do not concern figures relating to the administration of public funds remain analogously in force for the above-mentioned two months.

(1) The House of Representatives and the Senate are entitled to examine the administration of affairs by the Federal Government, to interrogate its members about all subjects of its execution, and to demand all relevant information as well as to ventilate in resolutions their wishes about exercise of the executive power.

(2) Every member of the House of Representatives and the Senate is entitled during the sessions of the House of Representatives and the Senate to address brief oral questions to members of the Federal Government.

(3) The detailed regulations respecting the right of interrogation will be settled by the federal law on the House of Representatives' Standing Orders as well as in the Senate's Standing Orders.

(1) The House of Representatives can, by resolution, set up committees of inquiry.

(2) The detailed regulations respecting the establishment of and the procedure for committees of inquiry will be settled by the federal law on the House of Representatives' Standing Orders.

(3) The courts and all other authorities are obliged to comply with the request of these committees to take evidence; all public departments must on demand produce their files.

The House of Representatives participates in laying down railway fares, postal, telegraph, and phone rates, and the prices for monopoly commodities as well as the payment for persons regularly employed in federal establishments. This participation will be prescribed by federal constitutional law.

Part F Status of Members of the House of Representatives and the Senate

The members of the House of Representatives and the members of the Senate are not bound in the exercise of their function by any mandate.

(1) The members of the House of Representatives may never be made responsible for votes cast in the exercise of their function and only by the House of Representatives on the grounds of oral or written utterances made in the course of their function.

(2) The members of the House of Representatives may, on the ground of a criminal offence -- except for apprehension in flagrante delicto -- be arrested only with the consent of the House of Representatives. Searches of the home of House of Representatives members likewise require the House of Representatives' consent.

(3) Other legal action on the ground of a criminal offence may be taken against members of the House of Representatives without the House of Representatives' consent only if it is manifestly not connected to the political activity of the member in question. The authority concerned must seek a ruling by the House of Representatives on the existence of such a connection if the member in question or a third of the members belonging to the Standing Committee entrusted with these matters so demands. Every act of legal process shall in the case of such a demand immediately cease or be discontinued.

(4) In all these instances the consent of the House of Representatives counts as granted if within eight weeks it has not given a ruling on an appropriate request by the authority competent for the institution of legal action; the President, with a view to the House of Representatives' adoption of a resolution in good time, shall at the latest put such a request to the vote on the day but one before expiry of the deadline. The latter does not include the period when the House of Representatives is not in session.

(5) In case of a member's apprehension in the act of committing a crime, the authority concerned must immediately notify the President of the House of Representatives of the occurrence of the arrest. If the House of Representatives or, when it is not in session, the Standing Committee entrusted with these matters so demands, the arrest must be suspended or the legal process as a whole be dropped.

(6) The immunity of members ends with the day of the meeting of the newly elected House of Representatives, that of functionaries of the House of Representatives whose tenure of office extends beyond this date on the expiry of this term of office.

(7) The detailed provisions are settled by the federal law on the House of Representatives' Standing Orders.

The members of the Senate enjoy for the whole duration of their tenure of office the immunity of the members of the State Parliament which has delegated them.

(1) No one can simultaneously belong to the House of Representatives and the Senate.

(2) Public employees, including members of the Federal Army, require no leave of absence to hold a seat in the House of Representatives or in the Senate. If they seek a seat in the House of Representatives, they shall be granted the requisite free time. The service code will provide details.

Part A Administration

Title 1 The Federal President

(1) The Federal President is elected by the nation on the basis of equal, direct, secret, and personal suffrage. If there is only one candidate, the election takes place by way of referendum. Anyone with House of Representatives suffrage is entitled to vote. Voting in the election is compulsory in Federal States where State law so provides. Detailed provisions about the electoral procedure and possible compulsory voting will be established by a federal law. This same law shall in particular lay down the reasons held to excuse non-participation in the election regardless of compulsory voting.

(2) The candidate who polls more than half of all valid votes has been elected. If no such majority results, a second ballot takes place. Votes in this can validly be cast only for one of the two candidates who have polled the most votes in the first ballot; but each of the two groups of voters who put up these two candidates can in the second ballot nominate another individual to replace its original candidate.

(3) Only a person who has House of Representatives franchise and was thirty five years old before the first of January of the year in which the election is held can be elected Federal President. Members of reigning houses or of formerly regnant families are excluded from eligibility.

(4) The result of the election of the Federal President shall be officially published by the Federal Chancellor.

(5) The Federal President holds office for six years. Re-election for the immediately following term of office is admissible once.

(1) During his tenure of office, the Federal President may not belong to any popular representative body nor exercise any other occupation.

(2) The title "Federal President" may not, even with an addition or in the context of another designation, be used by anyone else. It is protected by law.

(1) On his assumption of office the Federal President renders the following affirmation before the Federal Assembly:

(2) The addition of a religious assertion is admissible.

(1) The institution of legal process against the Federal President is only admissible if the Federal Assembly has agreed.

(2) The application for the institution of legal process against the Federal President shall be filed by the competent authority with the House of Representatives which votes whether the Federal Assembly shall deal with the matter. If the House of Representatives pronounces in favor of this, the Federal Chancellor must immediately convoke the Federal Assembly.

(2) The committee entrusted with the exercise of the Federal President's functions according to Paragraph (1) decides by majority vote. Chairmanship of the committee and its public representation belong to the President of the House of Representatives.

(3) Is one or are two of the House of Representatives' Presidents prevented from the discharge of their responsibilities or is their position continuously deficient, the committee constitutes a quorum even without their participation; in the event of a tied vote, the President senior in rank has the casting vote.

(4) If the position of the Federal President is continuously deficient, the Federal Government shall immediately arrange the election of the new Federal President; after the ensuing election, the committee shall without delay convoke the Federal Assembly for the affirmation of the Federal President.

(2) Furthermore, the following powers -- notwithstanding the powers assigned to him by other provisions of this Constitution -- are vested in the President:

(3) Special laws provide to what extent powers are additionally vested in the Federal President with respect to the grant of honorary privileges, extraordinary gratifications, allowances and pensions, the right to nominate and confirm persons in appointments, and to exercise other powers in personnel matters.

(1) The Federal President can assign to the competent members of the Federal Government the right vested in him to appoint certain categories of federal civil servants.

(1) Save as otherwise provided by the Constitution, all official acts of the Federal President shall be based on recommendation by the Federal Government or the Federal Minister authorized by it. The law provides to what extent the Federal Government or the competent Federal Minister is herein dependent on recommendations from other quarters.

(2) Save as otherwise provided by the Constitution, all official acts of the Federal President require for their validity the countersignature of the Federal Chancellor or the competent Federal Minister.

(2) To assert this responsibility, the Federal Assembly shall on the vote of the House of Representatives or the Senate be convoked by the Federal Chancellor.

Title 2 The Federal Government

(1) The Federal Chancellor, the Vice-Chancellor, and the other Federal Ministers are entrusted with the highest administrative business of the Federation in so far as this is not assigned to the Federal President. They constitute as a body the Federal Government under the chairmanship of the Federal Chancellor.

(2) The Vice-Chancellor is entitled to deputize for the Federal Chancellor in his entire sphere of competence. Should the Federal Chancellor and the Vice-Chancellor simultaneously be prevented from the discharge of their responsibilities, the Federal President entrusts a member of the Federal Government to deputize for the Federal Chancellor.

(1) The Federal Chancellor and, on his recommendation, the other members of the Federal Government are appointed by the Federal President. No recommendation is requisite to the dismissal of the Federal Chancellor or the whole Federal Government; the dismissal of individual members of the Federal Government ensues on the recommendation of the Federal Chancellor. The appointment of the Federal Chancellor or the whole Federal Government is countersigned by the newly-appointed Federal Chancellor; dismissal requires no countersignature.

(2) Only persons eligible for the House of Representatives can be appointed Federal Chancellor, Vice-Chancellor, or Federal Minister; members of the Federal Government need not belong to the House of Representatives.

Should the Federal Government have left office, the Federal President shall entrust members of the outgoing Government or senior civil servants of the Federal departments with continuation of the administration and one of them with the chairmanship of the provisional Federal Government until the formation of the new Federal Government. This provision applies analogously if individual members of the Federal Government have left office.

(1) Before assuming office, the members of the Federal Government render an affirmation to the Federal President. The addition of a religious assertion is admissible.

(2) The instruments of appointment for the Federal Chancellor, the Vice-Chancellor, and the other Federal Ministers are executed by the Federal President on the day of the affirmation and are countersigned by the newly appointed Federal Chancellor.

(1) If the House of Representatives passes an explicit vote of no confidence in the Federal Government or individual members thereof, the Federal Government or the Federal Minister concerned shall be removed from office.

(2) The presence of half of the members of the House of Representatives is required for a vote of no confidence. Voting shall be adjourned until the next working day but one if one fifth of the members present so demands. Another adjournment of the division can ensue only from a decision by the House of Representatives.

The members of the Federal Government as well as the Secretaries of State are entitled to participate in all deliberations by the House of Representatives, the Senate, and the Federal Assembly as well as the committees of these representative bodies, but only at special invitation in the deliberations by the Standing Sub-Committee of the House of Representatives' Main Committee and by the House of Representatives' Committees of Inquiry. On each occasion they must, in accordance with the detailed provisions of the federal law on the House of Representatives' Standing Orders and the Senate's Standing Orders, at their request be given a hearing. The House of Representatives, the Senate, and the Federal Assembly as well as their committees can require attendance by members of the Federal Government and request them to initiate investigations.

(1) The Federal Ministries and the authorities subordinate to them shall perform the business of the Federal administration.

(2) The number of the Federal Ministries, their competence, and their internal organization will be prescribed by federal law.

(3) The Federal Chancellor is entrusted with the direction of the Federal Chancellery and a Federal Minister is entrusted with the direction of each of the other Federal Ministries. The Federal President can assign to special Federal Ministers the direction of particular matters which fall within the Federal Chancellery's competence, including the personnel establishment and organization of such business, notwithstanding that these matters continue to belong to the Federal Chancellery; such Federal Ministers have, in respect of the matters in question, the status of a competent Federal Minister.

(4) The Federal Chancellor and other Federal Ministers can exceptionally be entrusted with the direction of a second Federal Ministry.

(1) In special cases, Federal Ministers can be appointed without at the same time being put in charge of a Federal Ministry.

(2) Secretaries of State, who are appointed and leave office in the same way as Federal Ministers, can be attached to Federal Ministers for assistance in the conduct of business and to deputize for them in Parliament.

(3) A Secretary of State is subordinate to a Federal Minister and bound by his instructions.

Title 3 The Federal Army

(1) The country' s military defence is the duty of the Federal Army.

(2) The Federal Army, in so far as the lawful civil power claims its co-operation, has furthermore:

(3) Additional tasks of the Federal Army will be prescribed by Federal constitutional law.

(4) The Defence Law regulates which officials and authorities can lay direct claim to the co-operation of the Federal Army for the purposes mentioned in Paragraph (2).

(5) Intervention by the military on its own initiative for the purposes mentioned in Paragraph (2) is admissible only if circumstances outside their control have put it beyond capacity of the competent officials to effect intervention by the military and irreparable damage to the community at large would arise from a further wait or if it concerns the repulse of an actual attack, or the elimination of active resistance directed against a section of the Federal Army.

(1) Commander-in-Chief of the Federal Army is the Federal President.

(2) Save in so far as the Defence Law reserves disposal over the Federal Army to the Federal President, disposal over it lies with the competent Federal Minister within the limits of the authorization conferred on him by the Federal Government.

Federal law prescribes to what extent the States participate in the recruitment, provisioning, and accommodation for the Army and the supply of its other requirements.

Title 4 The Federal School Authorities

(1) The administration of the Federation in the field of schooling and in the field of education in matters of student hostels shall be undertaken by the competent Federal Minister and -- in so far as neither the university and fine arts academical system nor the agricultural and forestry school system nor the forestry and agricultural educational system in matters of student hostels are concerned -- by the school authorities of the Federation subordinate to the competent Federal Minister. The Counties can, as part of the Federation's assigned sphere of competence, be called upon to maintain registers of those who are of school-attendance age.

(2) A school authority shall be established in each State and in each political District and be known as the State school board and the District school board respectively. In Vienna, the State school board shall also undertake the duties of the District school board and be known as the Vienna City School Board. The applicable sphere of competence for members of the State and District school boards shall be prescribed by federal law.

(3) The following guiding principles shall apply to the establishment, to be prescribed by law, of the Federal school authorities:

(1) The State school board shall render three sets of proposals:

(3) Every State school board shall establish eligibility and disciplinary school boards of first instance for headmasters or headmistresses and other teachers as well as educational assistants who are employees under public law of the Federation and are employed at a school or student hostel subordinate to the State school board. The details shall be prescribed by federal law.

Part B Jurisdiction

(1) The Federation is the source of all jurisdiction.

(2) Judgments and decisions are pronounced and drawn up in the name of the Republic.

(1) The constitution and competence of the courts is laid down by federal law.

(2) No one may be deprived of his lawful judge.

Military jurisdiction, except in time of war, is repealed.

Capital punishment is abolished.

(1) Save as provided otherwise by this law, judges are appointed pursuant to the proposal of the Federal Government by the Federal President or, by reason of his authorization, by the competent Federal Minister; the Federal Government or the Federal Minister shall obtain proposals for appointment from the tribunals competent through the law on the organization of the courts.

(2) If a sufficient number of candidates is available, the proposal for appointment to be submitted to the competent Federal Minister and to be forwarded by him to the Federal Government shall comprise at least three names, but if there is more than one vacancy to be filled at least twice as many names as there are judges to be appointed.

(1) Judges are independent in the exercise of their judicial office.

(2) A judge is independent in the exercise of his judicial office, during the performance of any judicial function properly his by law, and in the allocation of business, though to the exclusion of the judiciary's administrative business which in accordance with the provisions of the law shall not be discharged by tribunals or commissions.

(3) Business shall be allocated in advance among the judges of a court for the period provided by the law on the organization of the courts. A matter devolving upon a judge in accordance with this allocation may be removed from his jurisdiction by decree of the judiciary's administrative authorities only if he is prevented from the discharge of his responsibilities.

(1) The performance of certain kinds of business, which shall be exactly specified and fall within the jurisdiction of a civil court of first instance, can by federal law be assigned to specially trained employees of the Federation who are not Judges.

(2) The judge competent in accordance with the allocation of business can at any time reserve to himself or take over the discharge of such business.

(1) The law on the organization of the courts will prescribe an age limit upon whose attainment judges will be put on the permanently retired list.

(2) Otherwise judges may be removed from office or transferred against their will or superannuated only in the cases and ways prescribed by law and by reason of a formal judicial decision. These provisions do not apply to transfers and retirements which become necessary through changes in the organization of the courts. In such a case the law will lay down within which period judges can, without the formalities otherwise prescribed, be transferred and superannuated.

(3) The temporary suspension of judges from office may take place only by decree of the senior judge or the higher judicial authority together with simultaneous reference of the matter to the competent court.

(1) Save as otherwise provided by this Article, the courts are not entitled to examine the validity of duly published laws, ordinances, and treaties.

(2) Should a court have scruples against the application of an ordinance on the ground of it being contrary to law, it shall file an application with the Constitutional Court for rescission of this ordinance. Should the Supreme Court or a court of second instance competent to give judgment have scruples against the application of a law on the ground of its being unconstitutional, it shall file an application with the Constitutional Court for rescission of this law.

(3) If the legal regulation to be applied has already ceased to be in force, the Court's application to the Constitutional Court must request a decision that the legal regulation was contrary to law or unconstitutional.

(5) Federal law shall determine what effects an application pursuant to Paragraphs (2), (3), or (4) has on the pending legal proceedings.

(1) Hearings in civil and criminal cases are oral and public. Exceptions are regulated by law.

(2) In criminal proceedings the procedure is by indictment.

(1) The people shall participate in the administration of justice.

(2) A jury returns a verdict upon the guilt of the accused in crimes entailing severe penalties, to be specified by law, and in all cases of political felonies and misdemeanors.

(3) In criminal proceedings for other punishable offenses Jurors take part in the administration of justice if the penalty to be imposed exceeds a limit to be determined by law.

(1) The Supreme Court is the court of final instance in civil and criminal suits.

(2) Members of the Federal Government, a State government, or a popular representative body cannot be members of the Supreme Court. For members of a popular representative body elected for a fixed term of legislation or office such incompatibility continues until the expiry of that term of legislation or office even though they prematurely renounce their seat. Anyone who during the preceding four years has exercised one of the aforesaid functions cannot be appointed President or Vice-President of the Supreme Court.

Pardons for acts punishable by the courts are extended by federal law.

Judicial and administrative powers shall be separate at all levels of proceedings.

Part A General Provisions

(2) The State Parliament electoral regulations may not impose more stringent conditions for suffrage and electoral eligibility than the electoral regulations for the House of Representatives.

(3) The voters exercise their franchise in constituencies each of which must comprise a territorial unit. The number of members shall be divided among the constituencies in proportion to the number of nationals. A division of the electorate into other electoral bodies is not admissible.

(4) Public employees, including members of the Federal Army, who seek a seat in or are elected for membership of a State Parliament shall be granted the time necessary for canvassing or fulfilling their membership duties. Service regulations will lay down details.