Competition (Austrian administrative law)

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The competition (for Latin concurrere converge 'in which unusual today importance unite') is an organizational form in the later Habsburg Monarchy and the Republic of Austria , as cooperation between the authorities or private the financing of infrastructure serving projects.

As in today's Austria, in the Empire of Austria and subsequent Austria-Hungarians, the responsibilities for infrastructure were divided between the entire state, [ crown ] states and municipalities (creation of the local municipalities after 1848/49 ). A competition can be set up for the joint establishment and maintenance by these administrative bodies and, if necessary, with other interested parties and beneficiaries.

In contrast - in part to differentiate it - to other load associations , competition has the character of public law , and it has a legal personality . This makes it an independent organization of regional self-government and also of the public-private partnership  (PPP / PPP). The capitalization is taken over by the competition partners, who usually also hold equal positions in the organs . The purpose is therefore to provide the municipal level with targeted subsidies , but also to involve the local users both in terms of the burdens for public tasks and the organization ( lean state ).

This instrument was mainly used in the areas formerly known as communications , i.e. post, telegraph, road and rail administration, in hydraulic engineering, in particular for river regulation , and in mining, but also in matters of housing for public affairs. With regard to roads in particular, there was talk of road competition , and most of the crown lands were divided into competing districts (road districts) , some of which were congruent with the respective political or judicial districts . The concept of competition street still exists today.

Today competition has become rare. Organizationally, this was also implemented alternatively in the establishment of funds , through cooperatives or modern community associations , or through outsourced companies such as stock corporations.Today , limited liability companies are more common, for example as an establishment GmbH / AG, which later becomes an operating GmbH / AG is transferred. A better-known competition that still exists is the Danube Flood Protection Competition  (DHK), established in 1927 as the successor to the Danube Regulatory Commission , with the three curiae federal government, the state of Lower Austria and the city of Vienna; its managing office today is via donau , the former federal electricity construction office / Waterways Directorate , later the Austrian Danube Operating Company , today the Austrian Waterways Society.

Individual evidence

  1. ↑ a b c Comp. Oskar Gluth: Burden associations. In: Ernst Mischler, Josef Ulbrich: Austrian State Dictionary. Handbook of all Austrian public law. 2nd ed., Vol. 3 K – O , Hölder, Vienna 1907, pp. 473–474 ( online reader , archive.org, p. There).
  2. ↑ For example, Section 10 General Hydraulic Structures Act (Vorarlberg), Stf. LGBlVbg. No. 68/1923 (as amended online, ris.bka ).
  3. ↑ Georg Habermann: The interaction of local factors with state and country in the solution of administrative tasks. In: Zeitschrift für Volkswirtschaft, Sozialpolitik und Verwaltung 14 (1905), pp. 148–159, especially p. 151 ff ( online reader , ANNO - AustriaN Newspapers Online ).
  4. ^ For example, the police push districts in competition in Lower Austria (Austria under the Enns) or for natural refreshment stations ; Information in Gluth: Burden associations, 1907;
    In 1880, for example, the establishment of competing districts for the costs of military billeting in garrisons was discussed in the Bohemian Landtag; See the minutes of the meeting of July 10, 1880 (online, Parliament České republiky).
  5. ↑ In fact, the district administrations, which were initially pure sub-organizations of the states below the districts , originally primarily had the task of road building competitions, today's range of administrative tasks developed later; according to Habermann 1905, p. 157.
  6. ↑ cf. Franz Weyer: The Austrian road system from 1891 to 1904. In: KK Central Statistical Commission : Statistical monthly , XII. Volume (NF), Brno 1907, pp. 113–141, esp. P. 115 ff. On the specificities of the individual crown lands ( online reader , archive.org, there in particular p. 127 ff).
  7. ↑ For an example of issues in dispute in the legal succession see on the Ybbs-Unterlauf competition (LGBl. No. 107/1937): Decision of the Administrative Court of May 24, 2007, Gfz. 2006/07/0080 (online, ris.bka).
  8. ^ Danube flood protection competition and history. viadonau.org (accessed December 26, 2016);
    cf. Federal Act of December 16, 1927 on the formation of a Danube flood protection competition. StF: Federal Law Gazette No. 372/1927.