Incompatibility Act (Austria)

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The federal law on incompatibilities for supreme bodies and other public officials (Incompatibility Act 1983) regulates the compatibility of high political offices and work in Austria , in particular the prohibition for holders of a government office to pursue an occupation with gainful intent during this official activity.

scope

The Incompatibility Act (§ 1 UnvereinbG) refers to

also on

Mentioning the Federal President is, strictly speaking, superfluous, since he is already forbidden from exercising another profession in the B-VG itself: “The Federal President may not belong to any general representative body or exercise any other profession during his office activity” (Art. 61).

Provisions for members of government

Section 2 (1) UnvereinbG regulates the ban on exercising an occupation with gainful intent during official activity. Government members have to report their professional activities to the National Council's Incompatibility Committee.

  • The latter can approve the exercise of the profession provided that an objective conduct of office is guaranteed.
  • If no approval is granted, employment must be stopped within 3 months.
  • The administration of one's own assets and the exercise of functions in a political party , in a legal representation of interests or in a voluntary professional association into which the person was elected are not considered to be exercising a profession (Section 2/4 UnvereinbG).
  • If a person concerned (including spouse) owns more than 25% of a company, this company may neither directly nor indirectly receive public contracts from the respective regional authority (Section 3/1 UnvereinbG)

Disclosure of financial circumstances to the President of the Court of Auditors (§ 3a UnvereinbG):

  • Properties with precise designation of the number of deposits and the cadastral municipality ;
  • Capital assets
  • Companies and shares in companies under the name of the company
  • the liabilities

Affected persons are not allowed to hold a managerial position in a stock corporation or a limited liability company , e.g. B. as a member of a supervisory board (§ 4 UnvereinbG, exceptions: § 5).

Regulations for MPs

Members of the legislature have to report employment relationships with a regional authority to the president of the representative body. This decides on the admissibility of further exercise. Judges , prosecutors , security guards and employees in the financial service are generally prohibited from exercising this service for the duration of their mandate or office.

Sanctions

If the decision of the incompatibility committee is disregarded, it can apply to the Constitutional Court for removal from office or loss of mandate.