Transferred scope
The transferred scope is a term from Austrian municipal law .
"The transferred sphere of activity includes the matters that the municipality has to take care of in accordance with the federal laws on behalf and in accordance with the instructions of the federal government or in accordance with the state laws on behalf and in accordance with the instructions of the state."
Constitutional aspects
"The area of activity of the municipality is its own and one that is transferred by the federal government or the state."
Thus - the Federal Constitutional Law (B-VG) is also the basis of the relationships between the regional authorities - the concept of the transferred sphere of activity has constitutional status.
In the transferred sphere of activity, the municipalities in Austria handle administrative matters for the federal and state levels . Here, the higher regional authorities also have the right and the duty to issue instructions and supervise (Art. 119a B-VG). In the transferred sphere of activity, the municipality acts as the lowest authority of the federal or state administration , it is an indirect administration , whereby the municipality ( self-governing body ) - otherwise sovereign as a regional authority - also becomes an administrative cluster of the federal and state governments.
Local government aspects
The fact that the municipality takes on sovereign tasks strengthens the federal structure , the closeness to the citizen and relieves the central administration, but there is no scope for political shaping of the municipal administration. They also represent a major burden in the community budget.
Only the mayor is authorized to enforce (Art. 119 Para. 2 B-VG), but he can delegate "individual groups of matters" to members of the municipal council (factual connection with their tasks, Art. 119 Para. 3 B -VG, as an interagency mandate ). This means that the mayor can involve the municipal council , but is not obliged to do so. The mayor is bound by instructions to the transferring authority . Due to the supervisory duties of the superordinate bodies, those affected are entitled to ordinary legal remedies to administrative bodies outside the municipality against decisions by the mayor in the transferred sphere of activity . Official liability exists through the municipality as well as the federal government or the states.
In particular, however, the tasks can be carried out within the framework of a community association, which has been taking place more and more frequently in Austria in recent years (leaner administration).
Matters in the transferred sphere of activity
The scope of what is transferred to the area of responsibility of the municipalities is not precisely regulated in the B-VG. However, it can only be a matter of sovereign administration that is expressly assigned to the area, but there is no minimum scope of the area, nor a legal claim of the municipality. However, it is extensive and is being expanded further through political decentralization measures as well as through the eGovernment initiative, which considerably simplifies the consolidation of distributed data and access to central platforms.
The assigned tasks in the area of responsibility of the municipality include or can include:
- keeping civil status books and citizenship records (for the Ministry of the Interior - the former since 1870/1939, the latter since 1965)
- participation in the census (for the Federal Chancellery )
- the issuance of citizenship certificates (Ministry of the Interior)
- issuing birth , marriage and death certificates (Ministry of the Interior, since 1870/1939)
- the registry office (states and interior ministry, since 1870/1939)
- the police reporting system (Ministry of the Interior)
- the Housing Office (for the Ministry of Social Affairs )
- the settlement of the special emergency (Ministry of Social Affairs)
- the registration of conscripts (for the Ministry of Defense )
- The infant care (for Ministry of Social Affairs and Health Ministry )
- the registration of eligible voters in the electoral register (federal states, interior and European ministries )
- the compilation of electoral rolls , voting and entry lists (Länder, Ministry of the Interior)
- Participation in the implementation of national council , federal president and state elections , referendums and referendums (local electoral authorities , for states and the interior ministry)
- participation in tax administration (for the Ministry of Finance )
- the issuing of animal passports (for the Ministry of Life )
- the control of compliance with food law regulations (Ministry of Food and Health, federal states)
In addition, there are tasks within the municipality's own sphere of activity , which also take on sovereign tasks, such as waste disposal . These occupy an intermediate stage, as they are not mentioned in the catalog of tasks in their own sphere of activity (Art. 118 Para. 3 B-VG). Participation in private business affairs of the federal government or the state (such as the federal building administration ) is excluded.
See also
Individual evidence
- ↑ a b c Tasks of the Austrian municipalities: Own and delegated sphere of activity ( Memento from March 4, 2016 in the Internet Archive ), Section 2.1 in Lukas Lengauer: The municipal level in the Austrian federal state , 2. Structural features and political practice of Austrian municipal politics in the post-war period . At WU Vienna: Suburbanization and (re-) territorialization in the Vienna Region , wwwap.wu.ac.at, accessed May 2, 2014.
- ↑ a b c d e The tasks of the mayor in the assigned sphere of activity of the municipality , in Julius Schuszter: Burgenland Landesrecht - A documentation of all legal norms of Burgenland , burgenland-recht.at, accessed May 2, 2014.
- ↑ a b Municipality regulations: scope, transferred , in Kommunalpolitische Vereinigung: Lexikon , kpv.at, accessed May 2, 2014.
- ↑ a b c d e f The tasks in the assigned sphere of activity of the municipality ( Memento from May 5, 2014 in the Internet Archive ) , Institute for Law: Municipal development planning and zoning planning. On group d: Development planning in Poysdorf (Lower Austria) ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , TU Vienna, p2.iemar.tuwien.ac.at, accessed May 2, 2014.
- ↑ a b Austrian ordinance law. Josef W. Aichlreiter: Austrian ordinance law: a systematic manual. 1 (1988), Volume 2, Springer-Verlag, 1988, ISBN 3-211-81908-8 , Chapter II B 9.1 Provision of ordinances in the transfer area. P. 620 ff
- ↑ scope of the community , hauskirchen.gv.at, accessed May 2, 2014.
- ↑ cf. Art. 119a para. 10 B-VG
- ↑ Municipal law ( memento of November 13, 2011 in the Internet Archive ) , Österreichischer Städtebund , staedtebund.gv.at, accessed May 2, 2014.
- ↑ a b c Before 1870, the parishes were in principle responsible for the registry office, from 1970 the parishes for non-religious members, at the latest from the Anschluss in 1939 for all citizens
- ↑ according to the Citizenship Act ; see. Development of citizenship in Austria , Demokratiezentrum.org
- ↑ in the area of Statistics Austria
- ↑ for example Burgenland Voter Registration Act
- ↑ according to Section 10, Paragraph 2 of the Voter Registration Act 1973, Federal Law Gazette No. 601; See ordinance of the Federal Minister of the Interior on the obligation to provide information regarding the electoral record, StF: Federal Law Gazette II No. 353/2012 (as amended online, ris.bka ).
- ↑ See entry in the (European) voter register - Auslandsösterreicher , help.gv.at
- ↑ Elections: electoral authorities , bmi.gv.at
- ↑ z. B. Tendering of income tax cards
- ↑ § 25 Transfer of tasks to the municipalities of the Food Safety and Consumer Protection Act (LMSVG), StF: Federal Law Gazette I No. 13/2006.
