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costituzione austriaca 1848

(1) Commander-in-Chief of the Federal Army is the Federal President. (2) The enforcement of other judgments by the Constitutional Court is incumbent on the Federal President. L'adesione dell'Austria all'Unione europea avvenuta il 1° gennaio 1995 ha comportato una revisione globale della Costituzione federale austriaca. (4) Should a Ombudsmen Council member retire prematurely, the party represented in the House of Representatives (Nationalrat) who nominated this member shall nominate a new member. This does not apply if rescission of the whole ordinance manifestly runs contrary to the legitimate interests of the litigant who has filed an application pursuant to the last sentence in Paragraph (1) or whose suit has been the occasion for the initiation of ex officio examination proceedings into the ordinance. (2) The House of Representatives (Nationalrat) can on the occasion of giving its sanction to treaties pursuant to Article 50 resolve that a treaty or individual explicitly specified parts of it shall be published not in the federal law Gazette, but in another appropriate manner. In order that the resolution of the House of Representatives (Nationalrat) may be adopted in time, the President shall at the latest submit the motion to the vote on the last day but one before expiry of the four weeks deadline; detailed provisions shall be made in the Standing Orders. (6) Articles 87 (1) and (2), 88 (2) apply to Justices of the Constitutional Court; detailed provisions will be prescribed in the Federal law to be promulgated pursuant to Article 148. Nella terza giornata (20 marzo 1848) il consiglio di guerra milanese respinse la proposta di armistizio degli austriaci e si costituì un governo provvisorio. This agreement is not requisite if the establishment concerns an agricultural and forestry school which is to be organizationally linked to a school for the training and supplementary training of teachers and agricultural and forestry schools to ensure provision of the demonstrations scheduled in their curricula. The selection of individuals from among those proposed is incumbent on the Federal Minister. Talvolta si fa anche riferimento a modelli: sono da ritenersi costituzioni modello (ovvero largamente imitate) quella degli USA, la Costituzione di Cadice (Spagnola del 1812), la carta di Luigi Filippo del 1830, la costituzione del Belgio del 1831, la costituzione di Weimar del 1919, la costituzione austriaca … It pronounces also on application by the Federal Government whether State laws are unconstitutional and likewise on application by a State Government or by one third of the House of Representatives (Nationalrat)'s members whether Federal laws are unconstitutional. Paragraph (3) applies analogously. In so far as such an authority is to be assigned the performance of matters which fall into the autonomous sphere of execution by a State, the ordinance can be issued only if the assignment of such business to the Federal public safety authority has been enunciated in a law of the State in question. (2) The detailed regulations respecting the establishment of and the procedure for committees of inquiry will be settled by the federal law on the House of Representatives (Nationalrat)'s Standing Orders. It acts in matters pertaining to Federal administration of public funds as agent for the House of Representatives (Nationalrat), in matters pertaining to States, County Associations, and local administration of public funds as agent for the State Parliament concerned. The House of Representatives (Nationalrat) and the Senate (Bundesrat) meet, together building the Federal Assembly, in public session at the seat of the House of Representatives (Nationalrat) for the affirmation of the Federal President as well as for the adoption of a resolution on a declaration of war. Should the Federal Prime Minister (Bundeskanzler) and the Deputy Prime Minister (Vizekanzler) simultaneously be prevented from the discharge of their responsibilities, the Federal President entrusts a member of the Federal Government to deputize for the Federal Prime Minister (Bundeskanzler). (2) The Ombudsmen Council must observe official secrecy to the same degree as the authority whom it has approached in the fulfillment of its tasks. (4) Members of the Federal Government, a State Government, or a popular representative body cannot be Justices of the Administrative Court; for members of a popular representative body elected for a fixed term of legislation or office, such incompatibility continues until the expiry of that term of legislation or office even though they prematurely renounce their seat. (3) The principles of international law concerning treaties shall apply to agreements within the meaning of Paragraph (1). (2) Inasmuch as a State law foresees in its execution the co-operation of Federal authorities, the approval of the Federal Government must be obtained. (2) Likewise, in the implementation of treaties with foreign states, the Federation has the right of supervision in matters which belong to the autonomous sphere of competence of the States. In such business the members concerned of the State Government are as much bound by the instructions of the State-Governor (Article 20) as is the latter by the instructions of the Federal Government or individual Federal Ministers. (2) The business of the assigned sphere of competence is performed by the Mayor. Most closely resembling a bill of rights in Austria is the Basic Law on the General Rights of Nationals of the Kingdoms and Länder represented in the Council of the Realm, a decree issued by Emperor Franz Josef on December 21, 1867 in response to pressure by liberal insurgents. (2) Every administrative authority can on the basis of law issue ordinances within its sphere of competence.       { Reinstated in: 1945 }. (3) In so far as a County's own sphere of competence comprises matters deriving from the sphere of Federal execution, the right of supervision and its legislative regulation lie with the Federation, in other respects with the States, the right of supervision shall be exercised by the authorities of the ordinary public administration. If the Court reaches the conclusion that the whole ordinance. The competence of the Auditing Board also extends to enterprises of any additional category where the conditions pursuant to this paragraph exist. (6) The business of the Counties will be performed by the County Administration or Town Administration, that of towns with their own charter by the Magistrate. La Costituzione siciliana del 1848 fu la costituzione, ispirata al costituzionalismo inglese, adottata quell'anno nel neonato Regno di Sicilia, la parte siciliana del Regno delle Due Sicilie nel corso della rivoluzione siciliana del 1848… Apart from the B-VG, there are many other constitutional acts (called Bundesverfassungsgesetze, singular Bundesverfassungsgesetz, abbrev. An administrative civil servant with legal training will be appointed to take charge as State Administrative Director of the State Government Office's internal services. In so far as federal authorities, especially Federal public safety authorities, are entrusted with the execution of matters which are performed as indirect Federal administration, these federal authorities are subordinate to the State-Governor and bound by his instructions (Article 20 (1)); whether and to what extent such federal authorities are entrusted with executive acts is regulated by federal laws; these may, in so far as they do not concern the mandate stated in Paragraph (2), only be published with the sanction of the States concerned. (2) Nonetheless, the Federal Minister entrusted with the administration of Federal assets can assign the performance of such business to a State-Governor and the authorities subordinate to him. The president is elected by popular vote for a term of six years and limited to two consecutive terms of office. Perhaps the most unusual aspect of Austrian constitutional law is the relative ease with which it can be changed, combined with the fact that a constitutional amendment need not be incorporated into the main text of the B-VG, or for that matter any of the more important parts of the constitutional body, but can be enacted as a separate constitutional act, or even as a simple section within any act, simply designated as "constitutional" (Verfassungsbestimmung). The House of Representatives (Nationalrat), the Senate (Bundesrat), and the Federal Assembly as well as their committees can require attendance by members of the Federal Government and request them to initiate investigations. Settlement of the competence in matters pertaining to the service code for and staff representation rights of the employees of Regional Counties is the business of Federal constitutional legislation. (6) The County shall without delay advise the supervisory authority of ordinances issued in its own sphere of competence. (7) On application by a County, the performance of certain matters in its own sphere of competence can, in accordance with Article 119a (3), be assigned by ordinance of the State Government or by ordinance of the State-Governor to a state authority. He is also the official assistant of the State-Governor in matters of the indirect Federal administration. (1) A State law requires a vote by a State Parliament, authentication and countersignature in accordance with the provisions of the State concerned, and publication by the State-Governor in the State Law Gazette. This deadline may not exceed one year. (4) The result of the election of the Federal President shall be officially published by the Federal Prime Minister (Bundeskanzler). Civil courts try all cases in which both the claimant and the respondent are private citizens or corporations, including but not limited to contract and torts disputes: Austria's legal system, having evolved from that of the Roman Empire, implements civil law and therefore lacks the distinction between courts of law and courts of equity sometimes found in common law jurisdictions. The Federal President's total term of office may not exceed twelve years. Legislation shall expressly specify matters of that kind as being such falling within the County's own sphere of competence. (5) Federal law shall determine what effects an application pursuant to Paragraphs (2), (3), or (4) has on the pending legal proceedings. The details shall be prescribed by federal law. A sundered iron chain rings both talons. (2) Otherwise judges may be removed from office or transferred against their will or superannuated only in the cases and ways prescribed by law and by reason of a formal judicial decision. The legislative power of the Federation is exercised by the House of Representatives (Nationalrat) jointly with the Senate (Bundesrat). (2) The State has the right to examine the financial administration of a County with respect to its thrift, efficiency, and expediency. (3) Other legal action on the ground of a criminal offence may be taken against members of the House of Representatives (Nationalrat) without the House of Representatives (Nationalrat)'s consent only if it is manifestly not connected to the political activity of the member in question. (1) All of the Federal President's responsibilities, should he be prevented from their discharge, pass in the first instance to the Federal Prime Minister (Bundeskanzler). (3) The Auditing Board is competent to examine the financial administration of corporations under public law using Federal funds. In the State Vienna the chain of appeal in matters of the indirect Federal administration, unless precluded by federal law, is from the Magistrate acting as District administrative authority or, in so far as federal authorities are in the first instance entrusted with their execution (Article 102 (1) second sentence), from them to the Mayor in his capacity as State-Governor; in other respects Article 103 (4) applies. (2) The Main Committee elects from among its members a Standing Sub-Committee upon which it devolves the powers stipulated by law. Judicial powers not committed to the Administrative and Constitutional Court System are vested with the Civil and Criminal Court System, a structure consisting of civil courts on the one hand and criminal courts on the other hand. The examination shall extend to arithmetical correctness, compliance with existing regulations, and the employment of thrift, efficiency, and expedience in the financial administration; it shall not, however, include the resolutions passed by the constitutionally competent representative bodies with respect to the financial administration. Such an ordinance requires the countersignature of the Federal Government. Ma il diritto che anche la Dalmazia scegliesse ed inviasse … Except for the provisions in Articles 108 to 111, the provisions in Part C of this Chapter apply to the Federal capital, Vienna, with the exception of Article 119 (4), 119a. (1) The highest executive authorities are the Federal President, the Federal Ministers and the Secretaries of State, and the members of the State Governments. (1) The State-Governor represents the State. The reasons for such instructions shall be stated. (5) The Auditing Board shall inform the Mayor of the result of its examination for submission to the County Parliament and for the delivery of possible comment which must be made within three weeks. The competence of the Auditing Board also extends to enterprises of any additional category where the conditions pursuant to this paragraph exist. (3) If the draft Federal Budget submitted by the Federal Government in due time (Paragraph (1)) to the House of Representatives (Nationalrat) is not constitutionally sanctioned before expiry of the fiscal year and by that date no temporary provision has been made by federal law, then, during the first two months of the ensuing fiscal year, the taxes, levies, and imposts revenue shall be collected in accordance with the existing regulations and federal expenditure shall be defrayed to the account of the appropriations to be laid down by law, with the exception of expenditure of a kind not specially earmarked in the last Federal Finance Act. (2) The provisions of Articles 32 and 33 apply to the meetings of State Parliaments and their committees. The judiciary (including three supreme courts) is almost exclusively federal, with the exception of nine state administrative courts.[2]. (1) The Federal President can assign to the competent members of the Federal Government the right vested in him to appoint certain categories of federal civil servants. (2) The presence of more than half the members is required for a motion which proffers a charge pursuant to Article 142. (1) If the House of Representatives (Nationalrat) passes an explicit vote of no confidence in the Federal Government or individual members thereof, the Federal Government or the Federal Minister concerned shall be removed from office. Detailed provisions about the electoral procedure and compulsory voting, if necessary, will be made by federal law. The countersignature guarantees only the legality of the debt incurred and its proper entry in the National Debt ledger. Since this party leader, for all intents and purposes, needs a majority in the National Council, he will usually seek to form a coalition with another political party or parties. Although the president was vested with powers comparable to those of the President of the United States, in practice he acted on the advice of the chancellor. The members of the Senate (Bundesrat) enjoy for the whole duration of their tenure of office the immunity of the members of the State Parliament which has delegated them. (2) The State Parliament electoral regulations may not impose more stringent conditions for suffrage and electoral eligibility than the electoral regulations for the House of Representatives (Nationalrat). No one shall be called to account for publishing true accounts of proceedings in the public sessions of the House of Representatives (Nationalrat) and its committees. Should such a person belong to the County Parliament, the membership is not affected. The Constitutional Court pronounces on pecuniary claims of the Federation, the States, the Districts, the Counties and County Associations which cannot be settled by ordinary legal process nor be liquidated by the ruling of an administrative authority. Given that more than one fifth of its inhabitants are concentrated in the city of Vienna and its suburbs, the nation is also naturally unipolar in terms of both economic and cultural activity. Should divergences of opinion arise between the Auditing Board and the Federal Government or a Federal Minister or a State Government on interpretation of the legal provisions which prescribe the competence of the Auditing Board, the Constitutional Court, upon request by the Federal or State Government or the Auditing Board, decides the issue in closed proceedings. (5) No other regional authority may set up and maintain a constabulary in the local sphere of competence of a Federal public safety administration to which a Federal police force is attached. As a practical matter, the National Council is decidedly more powerful; the predominance of the National Council is such that Austrians frequently use the term "parliament" to refer to just the National Council instead of to the parliament as a whole.

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