Republication Act
| Basic data | |
|---|---|
| Title: | Federal constitutional law of June 12, 1947 on the republication of legal provisions |
| Abbreviation: | WVG |
| Type: | Federal law |
| Scope: | Republic of Austria |
| Legal matter: | Public law |
| Reference: | Federal Law Gazette No. 114/1947 |
| Effective date: | June 12, 1947 |
| Please note the note on the applicable legal version ! | |
The Republication Act was an Austrian Federal Constitutional Act of June 12, 1947 on the republication of legal provisions.
function
Pursuant to Section 1 of the WVG, the Austrian Federal Government was empowered to amend Austrian legal provisions with later provisions for which, according to the provisions of the Federal Constitutional Law in the version of 1929, the Federation is entitled to legislate or to legislate on the principles or to publish the amended version by announcement with legally binding effect .
Republication under the Republication Act was, since it is a legal act of an administrative authority, therefore only in the rank of regulation .
Scope of empowerment
According to Section 2 of the WVG, the Austrian Federal Government was able to:
- replace obsolete terminological expressions, in particular names that are no longer applicable by the authorities entrusted with enforcement, with new names that correspond to the current state of legislation ;
- replace terminological expressions foreign to Austrian legal practice with Austrian legal language ;
- Provisions that, according to a § 2 R.-ÜG. Applicable provisions that are still in force, adapt to Austrian law and insert them into the text of the re-published legal provision ;
- Determine provisions that have been repealed by later legal provisions or otherwise become obsolete as no longer valid ;
- Correct references to other legal provisions that no longer correspond to the state of the legislation, as well as other inconsistencies ;
- Incorporate changes or additions into the relevant legal provision that were not decreed by amendments but by special laws outside the main law ;
- the designation of the paragraphs, articles, paragraphs, etc. the like. In the event of failure or installation of individual provisions, change the reference to paragraphs, articles, paragraphs, etc. Correct the like within the text of the legal provision accordingly ;
- give the law a short title ,
whereby the republished legal provisions had to be brought to the attention of the Austrian National Council immediately by the Federal Chancellery according to § 3 WVG .
Announcement
According to § 4 WVG, every re-published legal provision was to be published simultaneously in the Federal Law Gazette and in a series that was published in unconstrained succession by the Federal Chancellery, consecutively numbered within each year and which appears under the designation "Official collection of re-published Austrian legal provisions" ("ASlg.") .
Binding nature of the re-announcement
In the announcement of the re-pronouncement, the Federal Government had to determine the day of the issuance of the re-pronouncement (Section 5 WVG) and all courts and administrative authorities were bound by the re-published text of the legal provision from the day following the publication of the re-pronouncement (Section 6 WVG).
Should there be any printing errors in the re-publication, these could be corrected by means of a publication by the Federal Chancellery in the Federal Law Gazette (Section 7 WVG).
Federal states
The Austrian federal states were authorized to enact similar provisions in the area of state legislation within the framework of Section 2 WVG (Section 9 WVG).
Examination competence of the Constitutional Court
With regard to the re-pronouncement, the Constitutional Court only had to check whether the limits of the authorization under Section 2 WVG had been exceeded (Art 139a B-VG in conjunction with Section 10 (2) WVG). The Constitutional Court was able to pronounce in its decision:
- that these limits according to § 2 had been exceeded in a re-announcement and / or he could
- repeal the republished legal provision in its entirety or with regard to certain parts as illegal.
The effect of the repeal was that the previous norm was revived and applied.
As a (simple) federal constitutional law, the Republication Act itself was withdrawn from the review competence of the Austrian Constitutional Court .
Structure of the law
- § 1 (authorization clause)
- § 2 (Authority of the Federal Government)
- § 3 (information of the National Council)
- § 4 (publication)
- § 5 and § 6 (announcement and entry into force)
- § 7 (correction of printing errors)
- § 8 ("Official collection of republished Austrian legal provisions")
- § 9 (authorization of the federal states)
- § 10 (review by the Constitutional Court)
- § 11 (execution)
Repeal
According to Federal Law Gazette No. 350/1981, the most important regulations of the WVG were adopted in Art 49a of the B-VG and some changes were made, as well as the Republication Act in accordance with Art. II, Paragraph 1, repealed. According to Art II BGBl. No. 350/1981 (amended by BGBl. No. 659/1996 and others), the amendments that have previously been made due to the Republication Act remain unaffected.
Web links
Individual evidence
- ↑ Republication Act - WVG, ÖBGBl. 114/1947.
- ↑ Article 139a: The Constitutional Court recognizes the illegality of announcements about the republication of a law (state treaty) . Art 139 B-VG on the examination of the illegality of ordinances is to be applied accordingly.
- ↑ If the law has already expired when the Constitutional Court ruled, only the illegality can be determined.
- ↑ VfSlg 9597.
- ↑ Entry into force: August 1, 1981, expiry: December 31, 1996.
