| AUSTRIA Republic of Austria Republik Oesterreich Joined United Nations: 14 December 1955 Human Rights as assured by their constitution Updated 09 December 2012 |
Article 7 [Equality, Political Rights]
(1) All federal nationals are equal before the law. Privileges based upon birth, sex, estate, class, or religion are excluded.
(2) Public employees, including members of the Federal Army, are guaranteed the unrestricted exercise of their political rights.
Article 17 [Competences Not Restricting Civil Rights]
(1) The provisions of Articles 10 to 15 with regard to competence of legislation and execution in no way affects the position of the
Federation as the holder of civil rights.
(2) The Federation can in all these legal relations never be placed by State legislation in a position less favorable than that of the State
concerned.
Article 131a [Infringement of Personal Rights]
A party subject to the exercise of direct administrative power and compulsion can lay complaint against the alleged infringement of
personal rights by the measure concerned.
Chapter VII Ombudsmen Council
Article 148a [Standing, Investigation, Independence]
(1) Everyone can lodge complaint with the Ombudsmen Council against alleged maladministration by the Federation, including its activity
as a holder of private rights, provided that they are affected by such maladministration and in so far as they do not or no longer have
recourse to legal remedy. All such complaints must be investigated by the Ombudsmen Council. The complainant shall be informed of
the investigation's outcome and what action, if necessary, has been taken.
(2) The Ombudsmen Council is ex officio entitled to investigate its suspicions of maladministration by the Federation including its activity
as a holder of private rights.
(3) The Ombudsmen Council is independent in the exercise of its authority.
Article 148b [State Support, Secrecy]
(1) All Federal, State, and County authorities shall support the Ombudsmen Council in the performance of its tasks, allow it inspection of
its records, and upon request furnish the information required. Official secrecy is inoperative in the case of the Ombudsmen Council.
(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. The Ombudsmen Council is however bound by the observation of official secrecy in its reports to the House of
Representatives only in so far as this is requisite on behalf of the interest of the parties concerned or of national security.
Article 148c [Recommendations]
The Ombudsmen Council can issue to the authorities entrusted with the Federation's highest administrative business recommendations on
measures to be taken in or by reason of a particular case. The authority concerned must within a deadline to be settled by Federal law
either conform to these recommendations and inform the Ombudsmen Council accordingly or state in writing why the recommendations
have not been complied with.
Article 148d [Annual Report]
The Ombudsmen Council shall annually render the House of Representatives a report on its activity.
Article 148e [Court Application]
On application by the Ombudsmen Council, the Constitutional Court pronounces on the illegality or otherwise of ordinances by a Federal
authority.
Article 148f [Ruling on Interpretation]
If differences of opinion arise between the Ombudsmen Council and the Federal Government or a Federal Minister on the interpretation of
legal provisions, the Constitutional Court, on application by the Federal Government or the Ombudsmen Council, decides the matter in
closed proceedings.
Article 148g [Establishment]
(1) The Ombudsmen Council has its seat in Vienna and consists of three members, one of whom acts in turn as chairman. The term of
office lasts six years. Reelection of the Ombudsmen Council's members more than once is inadmissible.
(2) Ombudsmen Council members are elected by the House of Representatives on the basis of a joint recommendation drawn up by the
Main Committee in the presence of at least half its members. Each of the three parties with the largest number of votes in the House of
Representatives is entitled to nominate one member for this recommendation. The members of the Ombudsmen Council render an
affirmation to the Federal President before their assumption of office.
(3) The Ombudsmen Council chairmanship rotates annually between the members in the sequence of the voting strength possessed by the
parties who have nominated them. This sequence remains unchanged during the Ombudsmen Council's term of office.
(4) Should a Ombudsmen Council member retire prematurely, the party represented in the House of Representatives who nominated this
member shall nominate a new member. The new election shall pursuant to Paragraph (2) be operative for the remaining term of office.
(5) Ombudsmen Council members must be eligible for the House of Representatives; during their service in office, they may belong
neither to the Federal Government nor to a State government nor to any popular representative body and they may not practice any other
profession.
Article 148h [Appointment]
(1) Ombudsmen Council officials are appointed by the Federal President on the recommendation and with the countersignature of the
Ombudsmen Council chairman. The Federal President can however authorize him to appoint officials in certain categories. Auxiliary
personnel is appointed by the chairman who is to this extent the highest administrative authority and exercises these powers in his own
right.
(2) The Federation's service prerogative with regard to Ombudsmen Council employees is exercised by the Ombudsmen Council
chairman.
(3) The Ombudsmen Council determines its Standing Orders and an allocation of business that regulates which tasks shall be
autonomously performed by its members. The adoption of the Standing Orders and the allocation of business requires the unanimous
vote of the Ombudsmen Council's members.
Article 148i [State Matters]
(1) The States can by State constitutional law declare the Ombudsmen Council competent also in the sphere of the particular State's
administration. In such case Articles 148e and 148f shall apply analogously.
(2) If States create agencies in the sphere of State administration with tasks similar to the Ombudsmen Council, State constitutional law
can prescribe a provision corresponding to Articles 148e and 148f.
Article 148j [Ombudsmen Law]
Detailed provisions relating to the implementation of this chapter shall be made by Federal constitutional law.
Chapter VIII Final Provisions
Article 149 [Old Laws]
(1) In addition to the present law, the following laws, with the modifications necessitated by this law, shall, within the meaning of Article
44 (1), be regarded as constitutional law:
- Basic Law of 21 Dec 1867 on the general rights of nationals in the kingdoms and States represented in the Reichs' Congress;
- Law of 27 Oct 1862 on protection of personal liberty;
- Law of 27 Oct 1862 on protection of the rights of the home;
- Resolution of the Provisional National Assembly of 30 Oct 1918;
- Law of 3 April 1919 respecting the banishment and expropriation of property of the House of Habsburg-Lorraine;
- Law of 3 April 1919 on the abolition of the nobility, the secular orders of chivalry, male and female, and of certain titles and dignities;
- Law of 8 May 1919 on the coat of arms and seal of state of the Republic of German-Austria, with the modifications effected by Arts. 2,
5, and 6 of the law of 21 Oct 1919;
- Section V of Part III of the Treaty of Saint-Germain of 10 Sep 1919.
(2) Article 20 of the Basic Law of 21 Dec 1867 as well as the Law of 5 May 1869 issued on the basis of this Article are repealed.
(1) All federal nationals are equal before the law. Privileges based upon birth, sex, estate, class, or religion are excluded.
(2) Public employees, including members of the Federal Army, are guaranteed the unrestricted exercise of their political rights.
Article 17 [Competences Not Restricting Civil Rights]
(1) The provisions of Articles 10 to 15 with regard to competence of legislation and execution in no way affects the position of the
Federation as the holder of civil rights.
(2) The Federation can in all these legal relations never be placed by State legislation in a position less favorable than that of the State
concerned.
Article 131a [Infringement of Personal Rights]
A party subject to the exercise of direct administrative power and compulsion can lay complaint against the alleged infringement of
personal rights by the measure concerned.
Chapter VII Ombudsmen Council
Article 148a [Standing, Investigation, Independence]
(1) Everyone can lodge complaint with the Ombudsmen Council against alleged maladministration by the Federation, including its activity
as a holder of private rights, provided that they are affected by such maladministration and in so far as they do not or no longer have
recourse to legal remedy. All such complaints must be investigated by the Ombudsmen Council. The complainant shall be informed of
the investigation's outcome and what action, if necessary, has been taken.
(2) The Ombudsmen Council is ex officio entitled to investigate its suspicions of maladministration by the Federation including its activity
as a holder of private rights.
(3) The Ombudsmen Council is independent in the exercise of its authority.
Article 148b [State Support, Secrecy]
(1) All Federal, State, and County authorities shall support the Ombudsmen Council in the performance of its tasks, allow it inspection of
its records, and upon request furnish the information required. Official secrecy is inoperative in the case of the Ombudsmen Council.
(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. The Ombudsmen Council is however bound by the observation of official secrecy in its reports to the House of
Representatives only in so far as this is requisite on behalf of the interest of the parties concerned or of national security.
Article 148c [Recommendations]
The Ombudsmen Council can issue to the authorities entrusted with the Federation's highest administrative business recommendations on
measures to be taken in or by reason of a particular case. The authority concerned must within a deadline to be settled by Federal law
either conform to these recommendations and inform the Ombudsmen Council accordingly or state in writing why the recommendations
have not been complied with.
Article 148d [Annual Report]
The Ombudsmen Council shall annually render the House of Representatives a report on its activity.
Article 148e [Court Application]
On application by the Ombudsmen Council, the Constitutional Court pronounces on the illegality or otherwise of ordinances by a Federal
authority.
Article 148f [Ruling on Interpretation]
If differences of opinion arise between the Ombudsmen Council and the Federal Government or a Federal Minister on the interpretation of
legal provisions, the Constitutional Court, on application by the Federal Government or the Ombudsmen Council, decides the matter in
closed proceedings.
Article 148g [Establishment]
(1) The Ombudsmen Council has its seat in Vienna and consists of three members, one of whom acts in turn as chairman. The term of
office lasts six years. Reelection of the Ombudsmen Council's members more than once is inadmissible.
(2) Ombudsmen Council members are elected by the House of Representatives on the basis of a joint recommendation drawn up by the
Main Committee in the presence of at least half its members. Each of the three parties with the largest number of votes in the House of
Representatives is entitled to nominate one member for this recommendation. The members of the Ombudsmen Council render an
affirmation to the Federal President before their assumption of office.
(3) The Ombudsmen Council chairmanship rotates annually between the members in the sequence of the voting strength possessed by the
parties who have nominated them. This sequence remains unchanged during the Ombudsmen Council's term of office.
(4) Should a Ombudsmen Council member retire prematurely, the party represented in the House of Representatives who nominated this
member shall nominate a new member. The new election shall pursuant to Paragraph (2) be operative for the remaining term of office.
(5) Ombudsmen Council members must be eligible for the House of Representatives; during their service in office, they may belong
neither to the Federal Government nor to a State government nor to any popular representative body and they may not practice any other
profession.
Article 148h [Appointment]
(1) Ombudsmen Council officials are appointed by the Federal President on the recommendation and with the countersignature of the
Ombudsmen Council chairman. The Federal President can however authorize him to appoint officials in certain categories. Auxiliary
personnel is appointed by the chairman who is to this extent the highest administrative authority and exercises these powers in his own
right.
(2) The Federation's service prerogative with regard to Ombudsmen Council employees is exercised by the Ombudsmen Council
chairman.
(3) The Ombudsmen Council determines its Standing Orders and an allocation of business that regulates which tasks shall be
autonomously performed by its members. The adoption of the Standing Orders and the allocation of business requires the unanimous
vote of the Ombudsmen Council's members.
Article 148i [State Matters]
(1) The States can by State constitutional law declare the Ombudsmen Council competent also in the sphere of the particular State's
administration. In such case Articles 148e and 148f shall apply analogously.
(2) If States create agencies in the sphere of State administration with tasks similar to the Ombudsmen Council, State constitutional law
can prescribe a provision corresponding to Articles 148e and 148f.
Article 148j [Ombudsmen Law]
Detailed provisions relating to the implementation of this chapter shall be made by Federal constitutional law.
Chapter VIII Final Provisions
Article 149 [Old Laws]
(1) In addition to the present law, the following laws, with the modifications necessitated by this law, shall, within the meaning of Article
44 (1), be regarded as constitutional law:
- Basic Law of 21 Dec 1867 on the general rights of nationals in the kingdoms and States represented in the Reichs' Congress;
- Law of 27 Oct 1862 on protection of personal liberty;
- Law of 27 Oct 1862 on protection of the rights of the home;
- Resolution of the Provisional National Assembly of 30 Oct 1918;
- Law of 3 April 1919 respecting the banishment and expropriation of property of the House of Habsburg-Lorraine;
- Law of 3 April 1919 on the abolition of the nobility, the secular orders of chivalry, male and female, and of certain titles and dignities;
- Law of 8 May 1919 on the coat of arms and seal of state of the Republic of German-Austria, with the modifications effected by Arts. 2,
5, and 6 of the law of 21 Oct 1919;
- Section V of Part III of the Treaty of Saint-Germain of 10 Sep 1919.
(2) Article 20 of the Basic Law of 21 Dec 1867 as well as the Law of 5 May 1869 issued on the basis of this Article are repealed.
Germanic tribe of the Bavarians had developed in the 5th and 6th century CE in the west of
the country and in Bavaria while Slavs, under pressure from Avar overlords, migrated into
the Alps and the eastern region in the 7th Century CE establishing the Karantania realm.
Ruled by Franks, Charlemagne and Magyars, the name Austria was first recorded in 966.
After 400 years of rule by the Babenbergs, the Hapsburgs established primacy in 1278.
Though frequently under the sway of Spain, France and in conflict with its Turkish and
European neighbors, the Hapsburgs promulgated a constitution in March 1848, but it had
little practical impact. After losing a war with Prussia in 1866 and exclusion from the German
Federation, Austria made a deal with Hungarian nobles, which led to the creation of
Austria-Hungary. Following their defeat in World War I, the Hapsburg Dynasty fell in 1918
and its empire collapsed. Germany controlled Austria except for a short Fascist regime
which led to civil war from 1934 to 1938. In April 1945, Austria declared itself independent of
Germany, reinstating the constitution suspended in 1929 and was occupied by Allied troops
until 1995 when it declared independence in May and promulgated a revised constitution on
26 October 1955. It has been frequently amended. Human rights are enumerated in the
Basic Law of 21 December 167, is party to the European Convention of Human Rights, and
reiterates some rights in the Constitution beginning with Article Seven and conform with
the 1948 Universal Declaration of Human Rights of which Austria is a signatory. For a full
English translation of the Austria's Constitution, click here.
the country and in Bavaria while Slavs, under pressure from Avar overlords, migrated into
the Alps and the eastern region in the 7th Century CE establishing the Karantania realm.
Ruled by Franks, Charlemagne and Magyars, the name Austria was first recorded in 966.
After 400 years of rule by the Babenbergs, the Hapsburgs established primacy in 1278.
Though frequently under the sway of Spain, France and in conflict with its Turkish and
European neighbors, the Hapsburgs promulgated a constitution in March 1848, but it had
little practical impact. After losing a war with Prussia in 1866 and exclusion from the German
Federation, Austria made a deal with Hungarian nobles, which led to the creation of
Austria-Hungary. Following their defeat in World War I, the Hapsburg Dynasty fell in 1918
and its empire collapsed. Germany controlled Austria except for a short Fascist regime
which led to civil war from 1934 to 1938. In April 1945, Austria declared itself independent of
Germany, reinstating the constitution suspended in 1929 and was occupied by Allied troops
until 1995 when it declared independence in May and promulgated a revised constitution on
26 October 1955. It has been frequently amended. Human rights are enumerated in the
Basic Law of 21 December 167, is party to the European Convention of Human Rights, and
reiterates some rights in the Constitution beginning with Article Seven and conform with
the 1948 Universal Declaration of Human Rights of which Austria is a signatory. For a full
English translation of the Austria's Constitution, click here.