Emergency provisions of the Austrian Federal Constitution
The Austrian Federal Constitutional Law ( B-VG ) regulates in several provisions changes to the ordinary constitutional mechanisms at federal and state level as well as the deployment of the Federal Army in times of extraordinary circumstances.
Use of the armed forces
A deployment of the Austrian Armed Forces is planned
- for national military defense
- to protect the constitutional institutions and their capacity to act as well as the democratic freedoms of the residents and
- to maintain order and security inside at all .
In times of extraordinary circumstances, the armed forces are the armed power to be used primarily to protect z. B. Federal President , Federal Chancellor , Federal Government , Parliament or Landtag and for the fulfillment of internal security matters in general. It can carry out these tasks with approx. 35,000 men in the presence and approx. 75,000 men in the militia . So-called presence forces with a strength of approx. 10,000 men are available for immediate use at any time. The hunting command , which is subordinate to the special forces command, is available for special assignments .
The transition from the peace organization to the operational organization takes place through mobilization . Then all aufzubietenden for use soldiers make use of military service . The Federal Minister for National Defense , as well as the Federal President, have a total of 5,000 men (within the authorization granted by the Federal Government ) of the militiamen and reservists called in for operational presence duty .
Emergency ordinance law of the Federal President
According to Art. 18 Para. 3 B-VG, the Federal President may in exceptional circumstances
- on the proposal of the Federal Government , make regulations amending the law and
- at the request of the federal government , relocate the seat of the federal capital, of the highest organs and the seat of the National Council .
If the immediate adoption of measures that require a resolution by the National Council is necessary to avert obvious, irreparable damage to the general public at a time when the National Council is not meeting and it cannot meet in time, the Federal President may take these measures through provisional law-amending ordinances at the proposal of the federal government . The Federal Government must submit its proposal in agreement with the permanent subcommittee to be set up by the main committee of the National Council . Such an ordinance requires the countersignature of the Federal Government.
Any ordinance issued in this way must be submitted by the Federal Government immediately to the National Council , which the Federal President must convene within eight days. Within four weeks of the submission , the National Council either
- one in place of the Regulation corresponding federal law to adopt or
- to demand by resolution that the ordinance be immediately suspended by the federal government .
In the latter case, the federal government must comply with this request immediately.
Constitutional limits of emergency ordinance law
Regulations made in the above manner must not contain:
- an amendment to federal constitutional provisions
- a permanent financial burden on the federal, state or local governments
- financial obligations of citizens
- a sale of state property
- Measures relating to labor law, social and contractual insurance, chambers for blue-collar workers, right of association
State level
Emergency ordinance law of the state government
If the immediate enactment of measures which constitutionally the adoption by the Landtag require, is necessary for the general public at a time to avert an irreparable harm, in which the parliament can not meet in time , which can state government in consultation with the Committee of the State Parliament take these measures through provisional law amending ordinances. The state government must immediately bring them to the attention of the federal government. As soon as the obstacle to the meeting of the Landtag no longer exists, it must be convened. Provisions of state constitutional law cannot be changed by such ordinances.
Direct federal administration by the governor
If in a federal state in matters of direct federal administration the immediate adoption of measures to avert irreparable damage to the general public becomes necessary at a time when the highest organs of the administration of the federal government are unable to do so due to force majeure, the Governor to take the measures in their place.
See also
- Constitutional institutions:
- Emergency Act
- state of emergency
Remarks
- ↑ Art. 18 Para. 3 B-VG on the website of the Federal Chancellery Austria November 21, 2016.