Statutory city (Austria)

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A statutory city (or city ​​with its own statute ) in Austria is a city that is distinguished from the other municipalities by its own state statute (or city ​​law ), which regulates the questions that are regulated for the other municipalities in the municipal code. A second peculiarity is that these cities do not belong to a political district administered by a district authority , but that the mayor acts as a district administrative authority . There are currently 15 Austrian cities with their own statute ( Vienna , which is also a federal state, is a special case).

Organization and competencies

Legal basis

All 15 statutory cities in Austria

In Austria, all municipalities are organized in the same way on the basis of the federal constitution , regardless of whether the municipality is a large industrial city or a small agricultural municipality. This fiction of the unified community could not be upheld for the cities with their own statute, some of which already had special rights under the monarchy.

Pursuant to Art. 116 Para. 3 B-VG , a municipality with more than 20,000 inhabitants is to be given its own statute by provincial law at its request, if this does not endanger the interests of the state. Such a legal resolution could only be announced until January 31, 2019 with the consent of the federal government. This provision was introduced by the municipal constitution amendment in 1962. Statutory cities that already existed, especially those with less than 20,000 inhabitants, namely Eisenstadt , Waidhofen an der Ybbs and Rust , remained. So all previously existing statutory cities were transferred, the only granting of a new statute took place before the entry into force of Art. 116 Para. 3 B-VG: on January 1, 1964 for Wels .

Statutory cities are generally populous cities with supra-regional importance. For example, all regional capitals except Bregenz are cities with their own statutes. Vorarlberg is the only federal state without a statutory city.

The statutory cities are to be distinguished from the municipalities , which have no special legal status other than the title city.

Legal specifics

The cities with their own statute have legal peculiarities compared to the uniform municipalities. This is first of all its own city law (statute) as a special organization law in which the state legislature can give the city a tailor-made constitution. For example, the statutes for Linz , Wels and Steyr, compared to the Upper Austrian municipal code, have a much less strict municipal supervision by the state of Upper Austria, additional organs such as the magistrate and the individual members of the city ​​senate and a completely different system of jurisdiction.

In the cities with their own statute which is an auxiliary body of magistrates set up with the city manager as a conductor. The magistrate director must have completed a law degree. He is constitutionally responsible for internal ministry. This means that he has management and instruction powers in matters relating to the organization of human resources and material resources and provisions for the uniform and regulated course of business (see, for example, Section 37 Paragraph 3 Statute for the State Capital Linz 1992), without having to act directly with the mayor Having to consult the board of the magistrate. In exercising this management function, however, no rights or obligations may be established or modified (area of ​​non-standard administrative acts of internal administrative organization).

Another difference is that, by virtue of the constitution, no district authority is responsible for cities with their own statute , but the mayor is entrusted with the execution of certain district administrative tasks in the assigned sphere of activity. He is therefore - like the district captain for unitary municipalities - responsible for approving operating facilities and carrying out certain administrative criminal proceedings.

With the exception of the cities of Krems and Waidhofen an der Ybbs , in cities with their own statute, the state police departments act as the 1st instance security authority. This has nothing to do directly with the status as statutory city, since on the one hand the cities mentioned are exempt from this regulation and the state police departments also act as the first instance security authority in the municipalities of Leoben and Schwechat . The security authority of the first instance is responsible in particular for the enforcement of the Security Police Act, the right of assembly, the law of associations and the law on weapons.

With the exception of the statutory cities of Rust, Waidhofen an der Ybbs and Vienna, all statutory cities are the seat of at least one district administration of a neighboring district, in Linz there are two with the district administration Linz-Land and Urfahr-Umgebung .


The oldest statutory cities are:

all of which were given their own statute as early as 1850, if they had not had one for a long time.

  • The Burgenland cities of Eisenstadt and Rust had been defined as Hungarian free cities since the 17th century.
  • The youngest statutory city is Wels in Upper Austria (since January 1, 1964): The city was given its own statute in connection with the municipal constitution amendment in 1962, but before it came into force.

The award years and processes are given in the list of cities in detail.

Many municipalities that are not statutory cities now have more than 20,000 inhabitants. However, there are no applications for a statute to be granted. In the past, this was certainly one of the reasons that taking care of the district administrative tasks in the financial equalization system was insufficiently compensated.

In 2014, the non-partisan citizens' platform “Kernraumfusion” attempted to create a new city through the merger of nine Styrian communities in the Voitsberg district , which should also acquire the status of a statutory city. Likewise, in the course of the dissolution of the Vienna-Umgebung district at the end of 2016, the conversion of the city of Klosterneuburg to a statutory city, among other options, was up for discussion, but was not implemented.

The Austrian Association of Cities , which they finance, acts as a representation of the interests of the cities and larger municipalities - including the statutory cities .


* City: name of the city
* Coat of arms: City arms
* Vehicle: License Plate
* State: State name
* Map: The location of the city in Austria
* Pop .: Inhabitants (as of January 1, 2020)
* Fl. (km²): Area in square kilometers (as of 2016)
* Density (Ew / km²): Number of inhabitants per square kilometer
* Since: Year of grant of the statute and source for it
* GKZ: Official community key (community code)
* Image: A picture from the city
city Wap
Vehicle state map Pop. Area
in km²
(Ew / km²)
Statute since GKZ image
Coat of arms of the city of Eisenstadt.png E B.
Statutarstadt (Austria) (Austria)
Red pog.svg
14,816 43 346 1921 10101 Esterhazy Palace
Graz AUT Graz COA.svg G ST
Statutarstadt (Austria) (Austria)
Red pog.svg
291,072 127 2283 1850 60101 Graz City Hall
innsbruck AT Innsbruck COA.svg I T
Statutarstadt (Austria) (Austria)
Red pog.svg
131,961 105 1259 1850 70101 Golden Roof Innsbruck
am Wörthersee
AUT Klagenfurt COA.svg K K
Statutarstadt (Austria) (Austria)
Red pog.svg
101,300 120 844 1850 20101 Lindworm in Klagenfurt
Krems at the Donau AUT Krems an der Donau COA.svg KS N
Lower Austria
Statutarstadt (Austria) (Austria)
Red pog.svg
25,036 52 484 1938 30101 Krems city center
Linz Coat of arms Linz.svg L O
Upper Austria
Statutarstadt (Austria) (Austria)
Red pog.svg
206,595 96 2152 1850 40101 Ars Electronica Center in Linz
Coat of arms Rust (Burgenland) .jpg E B.
Statutarstadt (Austria) (Austria)
Red pog.svg
1,980 20th 99 1921 10201 Fisherman Church
Salzburg AUT Salzburg (City) COA.svg S S.
Statutarstadt (Austria) (Austria)
Red pog.svg
155.021 66 2362 1850 50101 Salzburg Cathedral
St. Polten AUT Sankt Poelten COA.svg P N
Lower Austria
Statutarstadt (Austria) (Austria)
Red pog.svg
55,514 108 512 1922 30201 St. Pölten Town Hall
Steyr AUT Steyr COA.svg SR O
Upper Austria
Statutarstadt (Austria) (Austria)
Red pog.svg
38,056 27 1434 1867 40201 View of the inner city.
Villach Villach CoA.svg VI K
Statutarstadt (Austria) (Austria)
Red pog.svg
62,882 135 466 1932 20201 Protestant church
an der Ybbs
Lower Austria
Statutarstadt (Austria) (Austria)
Red pog.svg
11,222 131 86 1869 30301 City center with parish church
catfish Catfish coat of arms.svg WE O
Upper Austria
Statutarstadt (Austria) (Austria)
Red pog.svg
62,470 46 1362 1964 40301 Media culture house
Vienna Wappen.svg W W.
Statutarstadt (Austria) (Austria)
Red pog.svg
1,911,191 415 4609 1850 90101
townhall of Vienna
Wiener Neustadt WN N
Lower Austria
Statutarstadt (Austria) (Austria)
Red pog.svg
45,823 61 753 1866 30401 Wiener Neustadt Cathedral
  1. ^ Previously a Hungarian free town since 1648
  2. ^ Previously a Hungarian free town since 1681
  3. Part of Lower Austria until 1920 (see regional government and city senate Reumann # Vienna becomes a federal state in 1920 )

See also

Comparable forms of administration in other countries:

Individual evidence

  1. Law on the decision 99/10/0195 , Administrative Court
  2. Kitzmantel: The Upper Austrian statutory cities . tape 18 .
  3. The new version of Art. 116 Para. 3 B-VG was carried out by BGBl. I No. 14/2019 .
  4. See Pesendorfer, Der Innere Dienstbetrieb im Amt der Landesregierung, 25 with reference to the judicature of the VfGH and VwGH
  5. Study "Nine Communities - One Big City" by the association "Kernraumfusion"
  6. - "Is there a referendum?" ( Memento from December 30, 2015 in the Internet Archive )
  7. Statistics Austria - Population at the beginning of 2002–2020 by municipalities (area status 01/01/2020)
  8. a b Maintaining the previous sphere of activity , ordinance of the Federal Government of July 22, 1921 (EVB., Burgenland facility ordinance), Federal Law Gazette No. 476/1921, § 5 Paragraph 4 f., § 6 Paragraph 3, § 8 Paragraph. 3, § 10
  9. ^ Provisional municipal regulations for the city of Gratz, LGBl. No. 57/1850
  10. ^ Announcement of the governor ... of April 14, 1850, regarding the political division of Tyrol and Vorarlberg , LGBl. No. 67/1850
  11. Municipal regulations for the city of Klagenfurt of June 9, 1850 (not available electronically), cited in LGBl. No. 27/1868
  12. Section 1, Paragraph 1, P. 34 of the Governor's Ordinance of October 12, 1938 on the division of the Lower Danube Office into administrative districts, LGBl. No. 37/1938 of October 14, 1938
  13. Decree of the governor of June 15, 1850, with which the municipal regulations for the state capital Linz ... are announced, LGBl. No. 261/1850
  14. ^ Decree of the governor of June 15, 1850, LGBl. No. 322/1850
  15. Law of February 23, 1922, regarding the enactment of a statute and municipal election regulations for the city of St. Pölten , LGBl. No. 63/1922
  16. ^ State law regarding the municipal statute for the municipality of Steyr, LGBl. No. 8/1867
  17. Landtag resolution June 25, 1931, LGBl. No. 50/1931 (effective from January 1, 1932)
  18. State law of February 6, 1869, which enacts a municipal statute and a municipal electoral code for the city of Waidhofen an der Ybbs, LGBl. No. 24/1869
  19. Law of December 11, 1963, announced on January 16, 1964, with which a provisional municipal statute was issued for the city of Wels, LGBl. No. 1/1964
  20. Announcement by the Imperial and Royal Lieutenancy and District Government of Lower Austria on March 20, 1850 for issuing the provisional municipal code for the City of Vienna, LGBl. No. 21/1850
  21. Law that enacts a municipal statute and a municipal ordinance for the city of Wiener-Neustadt, August 8 and September 19, 1866, LGBl. No. 17/1866