Lex Kampl

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Lex Kampl (officially the 54th constitutional law, which the Federal Constitutional Law is changed ) is the unofficial, spread particularly through the media, the name of an amendment of the Austrian Federal Constitutional Law , in connection with the forthcoming chairmanship of the Federal Council by Siegfried Kampl adopted has been. It came into force on June 25, 2005 .

prehistory

The chairmanship of the Austrian Federal Council changes every six months between the federal states. The function of the President of the Bundesrat is carried out by one of the members of the Bundesrat who belongs to the parliamentary group with the highest mandate in the state parliament of the state that chairs it. Furthermore, it is determined that the member of the eligible members of the Federal Council who was ranked first in the last election by the respective Landtag must automatically take over the post.

Siegfried Kampl , who got into the public discussion after 1945 because of his testimony during a speech in April 2005 that Wehrmacht deserters were “partly comrade murderers” and that there had been “brutal Nazi persecution” in Austria, would have got into public discussion according to this provision on July 1st 2005 to take over the chairmanship of the Federal Council for the federal state Carinthia Most of this was rejected. However, since he did not resign his mandate voluntarily, his chairmanship could not have been prevented due to the constitutional law in force.

Remission

At the urging of the opposition in particular, the government introduced an amendment to the constitution. This made it possible for the state parliament in charge of the presidency to reorganize so that another member of the Federal Council, who must, however, come from the same parliamentary group and the same federal state, takes the chair in place of the member ranked first.

The Lex Kampl was approved by the Federal Council unanimously; the members of the Freedom Group, with the exception of BZÖ Federal Councilor Roland Zellot , had previously left the voting room . The constitutional amendment could therefore come into force on June 25, 2005, a few days later - before July 1 - the Carinthian state parliament carried out the now permitted rearrangement. The law was applied in 2008 by the Tyrolean Parliament against the unpleasant Hans Ager , who was relegated in favor of Helmut Kritzinger .

Wording of the law

The change concerned in particular the insertion of the following sentence into Article 36, Paragraph 2 of the Federal Constitutional Law :

“ The state parliament can, however, decide that the chairmanship should be chaired by another representative of the state whose mandate in the Bundesrat falls to this party; [...] "

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