GENERAL INFORMATION

The foundations of our system of government are laid down in our Federal Constitution. It dates from 1920 – making it one of the oldest constitutions in Europe. Its 152 articles are divided into ten main sections („General Provisions. European Union“, „Federal Legislation“, „Federal Administration“, „Legislation and Administration of the Länder“, „Administration in the Field of Education and Schooling“, „Local Government“, „Audit and Financial Control“, „Constitutional and Administrative Guarantees“, „Ombudsman“, „Final Provisions“), these provisions form the legal framework within which our society operates and continues to develop.

Several constitutions? Nevertheless, this constitution is not our only constitutional document. Unlike in other states (such as the Federal Republic of Germany), the Austrian Federal Constitution does not contain a „requirement of incorporation“. The constitutional legislator is therefore free to choose whether to incorporate those provisions which it enacts with constitutional status (1/2 attendance quorum, 2/3 consensus quorum in the National Council) into our central constitutional document or to „outsource“ them to separate constitutional laws; in some cases, individual sections are even adopted in ordinary laws with constitutional status („constitutional provisions“).

This approach has both advantages and disadvantages: On the one hand, it ensures that the matter in question is regulated by a single Act – and that all related provisions are therefore easy to locate; on the other hand, these „scattered“ constitutional provisions result in the Constitution becoming „fragmented“ and no longer being available in a single document. Consequently, there was talk very early on of the Austrian Federal Constitution being in a „ruined state“ (Hans Klecatsky) or having been „smelted down“ (Karl Korinek).

This concept of „secondary constitutional law“ has, of course, also led to a – useful – conceptual distinction: When we refer to our central constitutional document – that is, the „Act of 1 October 1920 establishing the Republic of Austria as a federal state (Federal Constitutional Act)“ – we speak and write of the „B-VG“; whereas when referring to secondary constitutional law, we speak of a „Federal Constitutional Act“ (e.g. „Federal Constitutional Act of 26 October 1955 on the Perpetual Neutrality of Austria“). It’s the line that makes all the difference!

TO PUT IT IN A NUTSHELL

We specialise in constitutional law. If it is breached – whether by the administration, the judiciary or even the ordinary legislature – let us help you win your case!