Slike strani
PDF
ePub

countries represented in the Reichsrat and are constitutionally regulated by such Diets.

[In matters which, according to the principles of the provincial constitutions and of this fundamental law, belong within the competence of provincial legislation, the provinces in the regulation of such affairs may also adopt necessary measures in the fields of criminal justice, police justice, and civil law."]

[Within the field of provincial legislation belongs also the regulation of the organization of public administrative offices which are created by the exercise of the power of provincial legislation to organize autonomous administrative departments, the activities of which are based upon the principles reserved to imperial legislation by sec. 11, 1) of this fundamental law.8]

However, should a Provincial Diet decide that a matter committed to it ought to be discussed and decided in the Reichsrat, such matter, for this particular case and with reference to this Diet, shall come within the power of the Reichsrat.

SEC. 13. Projects of laws may be submitted to the Reichsrat by the government. The Reichsrat shall also have the right to propose laws upon matters within its competence. Every law requires the agreement of the two houses and the approval of the Emperor.

• The seventeen divisions of the empire form fifteen provincial governments, the City of Triest, the County of Goerz and Gradiska, and the Margravate of Istria being combined into a division called Coastland. Each division establishes its own Landesordnung or provincial constitution; each has a provincial diet, which exercises the legislative power, and a provincial committee which exercises the executive power in local affairs. The Emperor convenes the diets annually, appoints their presidents, and may dissolve them at any time; every provincial law requires his approval. The principal executive and administrative officer of the province is the Statthalter or Landespräsident, who is appointed by the crown and is independent of local control.

Added by law of January 26, 1907.

Added by law of January 26, 1907.

If it should happen that, in certain items of an appropriation act or with reference to the size of the contingent, in a recruiting act, no agreement can be reached between the two houses after repeated deliberation, the lowest figure shall be considered as granted.

SEC. 14. If urgent circumstances should render necessary some measure constitutionally requiring the consent of the Reichsrat, when that body is not in session, such measure may be taken by imperial ordinance, issued under the collective responsibility of the ministry, provided it makes no alteration of the fundamental law, imposes no lasting burden upon the public treasury, and alienates none of the domain of the state. Such ordinances shall have provisionally the force of law, if they are signed by all of the ministers, and shall be published with an express reference to this provision of the fundamental law.

The legal force of such an ordinance shall cease if the government neglects to present it for the approval of the Reichsrat at its next succeeding session, and indeed first to the House of Representatives, within four weeks after its convention, or if one of the two houses refuses its approval thereto.

The ministry shall be collectively responsible for the withdrawal of such ordinances as soon as they have lost their provisional legal force.

SEC. 15. For the validity of any decision of the Reichsrat there is necessary in the House of Representatives the presence of one hundred members, in the House of Lords, of forty members, and in each house the vote of a majority of those present.

Modifications in the present fundamental law and in the fundamental laws on the general rights of Austrian citizens, on the establishment of the imperial court, on the judicial power, and on the exercise of administrative and executive power, shall be made only by a majority of not less than two

thirds of the members present [and with the presence of not less than half of the members of the House of Representatives ].

SEC. 16. Members of the House of Representatives shall receive no instructions from their electors.

Members of the Reichsrat shall not be held responsible on account of any vote given, and for any utterances made by them in the exercise of their office they may be held responsible only by the house to which they belong.

No member of the Reichsrat shall be arrested or proceeded against judicially during the time of a session, on account of any criminal act, without the consent of the House, unless he were apprehended in the very act.

Even when the member is taken in the very act, the court shall give immediate notice of the arrest to the president of the House.

If the House requires it, the arrest must be suspended or the proceedings postponed during the session. The House shall have the same right with respect to an arrest or judicial proceeding instituted against a member when the Reichsrat is not in session.

SEC. 17. All members of the Reichsrat must personally exercise their right to vote.

SEC. 18. Members of the House of Representatives are elected for a period of six years.10

At the expiration of this period, as also in the case of the dissolution of the House of Representatives, a new election shall be held.

The retiring representatives shall be elegible for re-election. During the intervals between general elections supplementary elections shall be held when a member ceases to be eligible, dies, resigns, or for any other legal reason ceases to As amended April 2, 1873.

10 As amended April 2, 1873. By the original text no limitation was placed upon the life of the Reichsrat, which came to an end only by dissolution.

be a member of the Reichsrat, in case a substitute should not have been elected for such representative. In the latter case the election law of the Reischrat shall contain provisions concerning the management of the new election.11

SEC. 19. The adjournment of the Reichsrat or the dissolution of the House of Representatives shall take place by decree of the Emperor. In case of dissolution a new election shall be held in conformity with sec. 7.

SEC. 20. Ministers and chiefs of the central administration are entitled to take part in all deliberations, and to present their proposals personally or through representatives. Each house may require the presence of a minister. Ministers shall be heard whenever they desire. They shall have the right to vote only when they are members of one of the houses.

SEC. 21. Each of the two houses of the Reichsrat may interpellate the ministers upon all the matters within the scope of their powers, may investigate the administrative acts of the government, demand information from the ministers concerning petitions presented to the houses, may appoint commissions, to which the ministers shall give all necessary information, and may give expression to its views in the form of addresses or resolutions.

SEC. 22. A special law shall provide how the control of the public debt shall be exercised by the representative bodies.

SEC. 23. The sessions of both houses of the Reichsrat shall be public.

Each house shall have the right, in exceptional cases, to exclude the public, upon the demand of the president or of at least ten members, by a decision taken behind closed doors.

SEC. 24. The law regarding the order of business of the Reichsrat shall contain detailed provisions concerning the reciprocal and external relations of the two houses.

11 As amended January 26, 1907.

FUNDAMENTAL LAW CONCERNING THE ESTABLISHMENT OF AN IMPERIAL COURT

(REICHSGERICHT)

(December 21, 1867)

ARTICLE I. For the decision of conflicts of jurisdiction and of disputed questions of public law an Imperial Court (Reichsgericht) shall be established for the kingdoms and countries represented in the Reichsrat.1

ART. 2. The Imperial Court shall decide finally concerning conflicts of jurisdiction:

a) Between the judicial and the administrative authorities, concerning the question whether a matter should be decided judicially or by administrative procedure, in the cases determined by law.

b) Between the Provincial Diet of a particular country and the higher governmental authorities, when each of them claims the right to regulate or to decide an administrative matter.

c) Between the independent public authorities of the several countries in the affairs of which they have the direction and administration.

ART. 3. The Imperial Court shall also decide finally:

a) Concerning claims of a particular kingdom or country against the empire, and vice versa; claims of one of the kingdoms or countries against another; claims of a commune, corporation, or individual against any one of the kingdoms or countries or against the empire, if such claims cannot be decided by the regular courts.

b) Concerning complaints of citizens on account of the violation of political rights guaranteed to them by the constitution, after the matter shall have been the object of an administrative decision, in accordance with the law.

1 By a decision of January 20, 1897, the Imperial Court held that it was not competent to decide controversies between the legislature and the executive authorities.

« PrejšnjaNaprej »