Magistrate (Austria)
The magistrate ( lat. Magistratus "authority") is the administrative authority of one of the 15 cities with its own statute in Austria .
Organization and position of the magistrate
The position, tasks and composition of the magistrate are determined by the statute of the respective city . The magistrates of the statutory cities are divided into magistrate departments with subject-specific areas of responsibility; District offices are also set up as branch offices of the municipal authorities in Vienna . It should be noted that, due to its status as a federal state, Vienna exercises state competencies in addition to municipal and district authorities and accordingly also has municipal departments that handle state state agendas (e.g. road administration, citizenship issues, etc.).
The head of a city's magistrate is the magistrate's director , who reports directly to the mayor as the highest political representative of the city. From a technical point of view, the individual municipal departments are subordinate to the responsible city councils, but the mayor generally retains the right to intervene and is authorized to issue instructions to every municipal employee. The magistrate director can, after notifying the responsible city council, take any act to himself in order to do it himself or to have it done according to his instructions.
Responsibilities
The magistrate is the office of the organs of a city with its own statute. Therefore, in addition to the community tasks that are otherwise carried out by a community or city office , it also takes care of the business of the district administration. It is subject to the supervision of the responsible municipal authorities (in particular the municipal council , city senate and mayor ). The magistrate acts for the mayor in matters relating to the district administration , i.e. in matters otherwise carried out by the district administration , and in all other matters of the transferred sphere of activity . The latter is responsible to the governor in matters of indirect federal administration and to the government in matters of the state administration . In matters of its own sphere of activity, the magistrate is subject to the resolutions of the municipal council .
Only in the city of Vienna is the magistrate itself a district administrative authority ( Art. 109 B-VG ). There the magistrate also performs the duties of the office of the state government .
Web links
- Rules of Procedure for the City of Vienna's Magistrate
- Administrative organization of the City of Vienna