Diriming
Dirimierung (from the Latin dirimere = to distinguish ) is a term commonly used in Austria for the process of bringing about a vote in the event of a tie . If the chairman of a committee is allowed to decide with his vote, one speaks of the right to conduct .
For example, according to the rules of procedure of the "Austrian Catholic File", the chairman is entitled to direct vote in a decision-making meeting in the event of a tie. In the case of a tie, the chairman's last vote also decides in the meetings of the Salzburg municipal council.
At one of the Austrian highest courts, the Constitutional Court , there is also a right to direct the vote: the President of the Constitutional Court usually has no vote in votes on drafts. However, if a situation arises in which the same number of voting members of the Constitutional Court vote for and against a draft, the President has one vote with which he can decide the outcome of the vote. The right of the President of the Constitutional Court to vote is specially designed in that he has no choice as to whether he would like to exercise it. Since the Constitutional Court is a final instance and therefore has to make a decision, the President is rather obliged to make use of his right to vote in the event of a stalemate.
Web links
- Austrian Constitutional Court : Decision of December 10, 2013 - G 46 / 2013-21 on the chairman's right to direction in Section 14 (5) of the Act on the Administrative Court of Vienna (VGWG), LGBl. 83/2012
Individual evidence
- ↑ dirimieren duden.de
- ↑ Dirimierungsrecht duden.de
- ↑ Rules of Procedure for the management of the "Austrian Catholic File" , Official Gazette of the Austrian Bishops' Conference, No. 22 of May 20, 1998, II. 5.
- ↑ “Inside Stadt: Salzburg” - the most important information at a glance Website of the City of Salzburg , accessed on March 12, 2016
- ^ Walter Berka : Constitutional Law. Fundamentals of Austrian constitutional law for legal studies . 6th, updated edition. Verlag Österreich , Vienna 2016, ISBN 978-3-7046-7281-0 , Chapter: 40.2.2. The working method of the VfGH , p. 341-342 .