Agreement according to Art. 15a B-VG

An agreement according to Art. 15a B-VG (also Art. 15a-Agreement or 15a-Agreement ) is in Austria an agreement between the federal government and the federal states or between the federal states .

Art. 15a para. 1 B-VG provides that the Federation and the Länder can conclude agreements on matters within their respective areas of activity. Art. 15a para. 2 B-VG provides that the federal states can conclude such agreements among themselves over their independent sphere of activity. These agreements are the domestic counterpart to international treaties . In particular, according to Art. 15a Para. 3 B-VG, the principles of international contract law apply mutatis mutandis to agreements according to Art. 15a B-VG.

Analogous to international treaties, the agreements in accordance with Art. 15a B-VG also require ratification in the National Council (in accordance with Art. 15a Para. 1 B-VG) and in the state parliaments (in accordance with the state constitutions) if they are also to bind the legislative bodies . Other than international agreements, agreements pursuant to Art. 15a B-VG are not concluded at federal level by the Federal President , but by the Federal Government or the responsible Federal Ministers .

Justiciability

The Constitutional Court decides on disputes arising from agreements according to Art. 15a B-VG ,

if it is a matter of property rights, based on the general clause according to Art. 137 B-VG ( causal jurisdiction ) and,
if it is not a matter of property rights, according to Art. 138a B-VG.

The procedure according to Art. 138a B-VG only applies to agreements that have only been concluded between the federal states if the agreement itself provides for this. If the federal government is involved in the agreement, this procedure is always possible. The procedure under Art. 138a is purely a determination procedure . This means that the Constitutional Court only determines whether there is an agreement under Art. 15a and whether it has been fulfilled. In the context of causal jurisdiction, the Constitutional Court can also make performance decisions that are amenable to enforcement .

Examples

Examples of agreements according to Art. 15a B-VG are:

the agreement between the federal government and the states according to Art. 15a B-VG on the rights of the states and municipalities to participate in matters of European integration ( Federal Law Gazette No. 775/1992 ) as well as the agreement concluded only by the states according to Art. 15a B- VG on the joint decision-making of the federal states in matters of European integration (e.g. Upper Austria. LGBl. No. 22/1993 ),

the agreement according to Art. 15a para. 2 B-VG between the federal states on common principles of housekeeping (e.g. Upper Austria. LGBl. No. 69/2016 ),

the basic service agreement ( Federal Law Gazette I No. 80/2004 ),

the 15a agreements for financing the health system in Austria (e.g. Federal Law Gazette I No. 98/2017 ),

the 15a agreement on needs-based minimum income ( BGBl. I No. 96/2010 ; now expired ),

the agreement between the federal government and the state of Burgenland for the maintenance and further development of the Neusiedler See-Seewinkel National Park and its facilities ( Federal Law Gazette No. 501/1994 ) and

the agreement on the maximum permissible sulfur content in heating oil ( Federal Law Gazette No. 292/1983 , last amended by Federal Law Gazette No. 133/1994 ),

the agreement of the states of Upper Austria and Styria on cooperation in matters of spatial planning in the common border area (e.g. Upper Austria LGBl. No. 88/1979 ).

The agreement between the federal government, the federal states and the municipalities on the Austrian Stability Pact (e.g. Federal Law Gazette I No. 35/1999 and Federal Law Gazette I No. 30/2013 ) is a special feature, as the municipalities , represented by the Austrian Association of Cities and the Austrian Association of Municipalities . The basis for this agreement is a special federal constitutional law ( Federal Law Gazette I No. 61/1998 ). Agreements based on this Federal Constitutional Act are not agreements in accordance with Art. 15a B-VG, but the relevant provisions must be applied accordingly.

Individual evidence

↑ Bund-Länder agreements according to Art. 15a B-VG. In: oesterreich.gv.at. Retrieved February 21, 2020 .
↑ ^a ^b ^c Agreements according to Art. 15a B-VG - A guide for practice. Liaison office of the federal states, accessed on February 21, 2020 .

[1] Bund-Länder agreements according to Art. 15a B-VG. In: oesterreich.gv.at. Retrieved February 21, 2020 .

[leitfaden-2] Agreements according to Art. 15a B-VG - A guide for practice. Liaison office of the federal states, accessed on February 21, 2020 .