Student Union Act 1998

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Basic data
Title: Student Union Act 1998
Long title: Federal Law on the Representation of Students
Abbreviation: HSG 1998
Previous title: Student Union Act 1998
Type: Federal law
Scope: Republic of Austria
Legal matter: University law
Reference: BGBl. I No. 22/1999
Date of law: January 12, 1999
Effective date: February 1, 1999
Last change: January 1, 2015
Expiration date: September 30, 2014 (with the exception of Section 20a Paragraphs 1 to 6 and 8, which expired on December 31, 2014, and Section 58a, which is still in force)
Please note the note on the applicable legal version !

The Student Union Act 1998 (official abbreviation: HSG 1998 ) was an Austrian federal law regulating the organization of student representation at universities and colleges of education as well as at the Krems University for Further Education . It also applied indirectly to the students at the universities of applied sciences . The law was first announced in Federal Law Gazette I No. 22/1999. Today only section 58a of the law is in effect; Incidentally, the HSG was replaced in 1998 by the 2014 Student Union Act.

construction

The 1998 Student Union Act was divided into six main sections, of which the second, third and fourth main sections were also divided into sections:

  1. General provisions
  2. Types of representative bodies
    1. Austrian student body
    2. Student unions at the universities
    3. Representation of the students at the universities of teacher education
    4. Representation of students in the university of applied sciences courses (not in force)
  3. Organization of representative facilities
    1. General provisions on student representatives
    2. Chairpersons and their deputies
    3. Organizational, economic and financial matters
  4. Decision-making of the members
    1. Elections to the organs
    2. Direct participation of the members
  5. Supervision and control
  6. Procedural, transitional and final provisions

development

The HSG 1998 was a reaction to the changes in the Austrian higher education system. The reorganization of the then twelve scientific universities by the University Organization Act 1993 (UOG 1993) was followed in 1997 by a new study law based on the University Studies Act and in 1998 with the Federal Act on Organization of the Universities of the Arts (KUOG) the conversion of the art colleges into universities of the arts . Many provisions of the 1973 Student Union Act , which had been in force since 1973, were no longer compatible with the new university structures.

The existing central committee of the Austrian Students' Union (ÖH) has been renamed federal representation and the main committees of the student bodies at the individual universities have been renamed as university representatives . Institute and study section representatives were discontinued (the former were not elected at any university anyway and thus dead right). The lowest level of representation were now the study missions .

Admission to the pedagogical academies and private universities

In 1999, through an amendment to the law, membership in the ÖH was extended to include students at the Pedagogical Academies , at Danube University Krems (today: University for Continuing Education Krems ) and at private universities . The inclusion of students at the universities of applied sciences was provided for in the amendment application, but the corresponding legal provisions were not put into force, as the universities of applied sciences in particular resisted it. Unlike the student bodies at the universities, the academy representatives did not have their own legal personality. No representative facilities have been set up on site for students at Danube University Krems and private universities.

Abolition of the direct election of the federal representation

2004 was member of parliament of the then governing party ÖVP and FPÖ in the way of an unsolicited application approved a controversial amendment to the HSG 1998, has been with the abolished the direct election of federal representatives and the faculty representatives and replaced with a posting system. The students' union elections in 2005 already took place according to the new system. Students' union membership at private universities was abolished again. In addition, the amendment replaces the word “student body” in the entire text of the law with the word sequence “student body”. This had the curious effect that the long title of the law is now two letters shorter than the "short title".

Admission of the universities of applied sciences

In 2007, the HSG was adapted to the new higher education law in 1998 , mainly by replacing “Pedagogical Academy” with “Pedagogical University”; the corporate status (no separate legal personality) did not change. The request of the rector of the Catholic-Theological Private University Linz , expressed in the review process, to re -admit student representatives at private universities at least optionally to the ÖH, was not accepted by the National Council.

Due to a change in the University of Applied Sciences Studies Act (FHStG), students at Austrian universities of applied sciences became ÖH members in the same year. The HSG 1998 itself was not changed, however, the provisions there on the universities of applied sciences remained dead right. The universities of applied sciences study representations did not receive the status of a corporation under public law .

literature

  • Alexander Egger and Thomas Frad: Student Union Act and Student Residence Act . Introduction, texts, materials, decisions, comments. WUV University Press, Vienna 2000, ISBN 978-3-85114-444-4 .
  • Stefan Huber: ÖH law . Student Union Act with ancillary provisions. 3rd revised edition. New Scientific Publishing House, Vienna / Graz 2009, ISBN 978-3-7083-0608-7 .

Web links

Individual evidence

  1. Egger / Frad, p. 37
  2. Egger / Frad, p. 34
  3. ^ Report and application of the teaching committee regarding the draft of a federal law, with which the student union law is changed in 1998 , 1795 BlgNR 20. GP
  4. Karin Moser: "Government please wait". In: The Standard . November 20, 2004, accessed November 5, 2009 .
  5. mad, rebe, siha: Changes to the ÖH law hardened the fronts. In: The Standard . December 3, 2004, accessed November 5, 2009 .
  6. Michael Rosenberger : Statement on the draft of an amendment to the federal law on the representation of students (HSG 1998). (PDF, 14 KB) (No longer available online.) In: 3 / SN-54 / ME (XXIII. GP). Parliamentary Administration, April 19, 2007, formerly in the original ; Retrieved November 8, 2009 .  ( Page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.parlament.gv.at  
  7. § 4a University of Applied Sciences Studies Act