Local Government in AutriaLocal Government in Autria

Table of contentsTable of contents

1. Local government system and decentralisation process– 1.1. Institutional Organization

1.1.1 Central Government 1.1.2 Local Government

– 1.2. Distribution of Powers

– 1.3. Local Councillors’ Status3.1 How to become a candidate3.2 Local Councillors’ Duration of mandates and allowances3.3 Rules about Incompatible Mandates

– 1.4. Local government service and staff

– 1.5. Local finance5.1 Elaboration of the municipal budget5.2 Local Government Resources

2. Participative democracy– 2.1. Participative Democracy in Austrian law

1.1 Tools for Participative Democracy at the Federal Level1.2 Tools for Participative Democracy at the Local Level

Part 1Part 1

Local Government and Local Government and Decentralisation ProcessDecentralisation Process

1. State structure1. State structure

A federal stateA federal state 9 länder9 länder 99 districts99 districts 2359 towns (about 1000 joint ‘inter-2359 towns (about 1000 joint ‘inter-

communal’ bodies)communal’ bodies)

1.1 National institutionnal 1.1 National institutionnal systemsystemThe Federal President( Bundespräsident)

directly elected by popular vote for six years

The Federal Assembly (Bundesversammlung)

The Federal council (Bundesrat)

64 members elected by each Landtag in

proportion to the size of population of the Land

The National Council

(Nationalrat)183 directly elected

members, for 4 years

The Federal Government (Bundesregierung)

ChancellorVice-chancellor

Ministers

Constitutional court (Verfassungsgerichthof)

controls over acts and statutes

Administrative court (Verwaltungsgerichthof)

administrative proceedings

Can engage procedures of revocation

Appoints and revokes

Control:

Responsible before

1.2 Local institutionnal 1.2 Local institutionnal systemsystem

Regional Government :

9 länder

Meso Government :

99 districts

Local Government

:

2359 towns

LandtagDirectly Elected Members,

for 5 or 6 years

Can be dissolved by the Federal President

elects

Head of Government

Land Government

District Councils Responsible for

enacting

Municipal CouncilsDirectly Elected

Municipal Committees

Decision-making power over financial, legal and economic

matters

MayorDirectly Elected or

Elected by the Municipal Council.

the executive body

Right of control

the legislative body

2. Distribution of Powers2. Distribution of Powers

A General Competence for LänderA General Competence for Länder Indirect Federal Administration SystemIndirect Federal Administration System   Two spheres of responibilities for Two spheres of responibilities for

towns: towns: - own legal - own legal responsibilitiesresponsibilities

- delegated responsibilities- delegated responsibilities

Ambiguity of the concept of ‘local Ambiguity of the concept of ‘local affairs’affairs’

3. Elected Councillors’ status3. Elected Councillors’ status

3.1 How to become a candidate3.1 How to become a candidate

Aged 18 or 21 (depending on the rule of Aged 18 or 21 (depending on the rule of the Land)the Land)

An Austrian citizen or a national of a An Austrian citizen or a national of a European Union member-stateEuropean Union member-state

A resident in the municipality A resident in the municipality Not deprived of his/her civic rightsNot deprived of his/her civic rights Never condemned to a custodial sentence Never condemned to a custodial sentence

of more than one yearof more than one year

3.2 3.2 Local councillors’ duration of mandates Local councillors’ duration of mandates and allowancesand allowances

A term of 5 to 6 years, according to A term of 5 to 6 years, according to the rule of the Länderthe rule of the Länder

Compulsory attendance to all sessionsCompulsory attendance to all sessions Revoked if 3 sessions are unattendedRevoked if 3 sessions are unattended Working conditions are defined in the Working conditions are defined in the

legislation of each Landlegislation of each Land Financial allowance to compensate for Financial allowance to compensate for

the loss of revenue and to cover their the loss of revenue and to cover their expenses + Attendance fee.expenses + Attendance fee.

3.3 3.3 Rules on Incompatible MandatesRules on Incompatible Mandates

A local councillor cannot be also :A local councillor cannot be also :

the Federal President of Austriathe Federal President of Austria a member of the Public Petitions Committeea member of the Public Petitions Committee the head of a controlling administrationthe head of a controlling administration a judge at the Independent Federal Court for a judge at the Independent Federal Court for

Asylum, at the Administrative High Court, at Asylum, at the Administrative High Court, at the Constitutional Court the Constitutional Court

an executive manager of a private companyan executive manager of a private company

4. 4. Local Government Service and Local Government Service and StaffStaff

Art.21 (Federal Constitution): Länder’s own responsibilityArt.21 (Federal Constitution): Länder’s own responsibility Carreer systemCarreer system 3 ways of recruiting staff:3 ways of recruiting staff:

- tests- tests- interview after an individual application- interview after an individual application

- promotion after personal assessment - promotion after personal assessment when the candidate is a when the candidate is a member of staff member of staff

1979 Act of Parliament and following statutes tatutes Two types of job:Two types of job: - Permanent carreer - Permanent carreer - Contracted position - Contracted position - in December 2005: A proposed bill to abolish - in December 2005: A proposed bill to abolish permanent permanent

jobs in public administration. The government suggests to jobs in public administration. The government suggests to unify the 2 types. unify the 2 types.

5. Local finance5. Local finance

1948 Constitutional Act on public finances as a basis to establish the right to raise taxes and to share fiscal resources between the Federation, the Länder and the municipalities by means of laws of financial adjustment

The Federal Parliament must not impose on local authorities requirements exceeding their capacity

5.1 Elaboration of the municipal 5.1 Elaboration of the municipal budgetbudget

1. Proposed budget by the local authority’s 1. Proposed budget by the local authority’s administration to be presented to the various administration to be presented to the various municipal bodies municipal bodies

2. Decision made by the local council2. Decision made by the local council

3. Budget submitted to controlling bodies 3. Budget submitted to controlling bodies (Länder)(Länder)

4. In cities over 20 000 inhabitants, budget 4. In cities over 20 000 inhabitants, budget control by the Federal Revenue Courtcontrol by the Federal Revenue Court

5.2 Resources of the 5.2 Resources of the municipalitiesmunicipalities

Shared fiscal resources: ’profit-sharing’ system ’profit-sharing’ system according to 2 criteria of redistribution: according to 2 criteria of redistribution: - demography- demography

- fiscal capacity- fiscal capacity Own fiscal resources : : list of the taxes established list of the taxes established

by the federal legislation or by the Land legislation (13)by the federal legislation or by the Land legislation (13)

Taxes: payment for the supply of the most important payment for the supply of the most important public servicespublic services

Subsidies: granted by the higher tier authoritiesgranted by the higher tier authorities Loans.

Part 2Part 2

Participative democracyParticipative democracy

Participative democracy in Participative democracy in Austrian lawAustrian law

Federal level: Federal level: the Constitutionthe Constitution

Land level: Land level: case-law of the Constitutionnal case-law of the Constitutionnal CourtCourt

Local level: Local level: regulation issued by the Länderregulation issued by the Länder

Tools for Participative Democracy Tools for Participative Democracy at the federal levelat the federal level

ReferendumReferendum Popular consultationPopular consultation Popular initiativePopular initiative Social partnershipSocial partnership

referendumreferendum ((VolksabstimmungVolksabstimmung))

Popular consultationPopular consultation(Volksbefragung)(Volksbefragung)

Same process at the federal levelSame process at the federal level

Secret ballotSecret ballot

the President announced the decision (resolution)the President announced the decision (resolution)

the Federal Governement chooses the date (decree)the Federal Governement chooses the date (decree)

PurposePurpose= an Act of P= an Act of Parliamentarliament..

whether a bill of the National Council must whether a bill of the National Council must be voted for ; or whether the Federal be voted for ; or whether the Federal President must be removed. Compulsory President must be removed. Compulsory for any constitutional reform. for any constitutional reform.

A popular consultation takes place after the A popular consultation takes place after the National Council’s decision at the request National Council’s decision at the request of its members or of the Federal of its members or of the Federal Government in Government in cases of fundamental cases of fundamental national importance.national importance.

Mandatory processMandatory process

established in 1972established in 1972Consultative process Consultative process

established in 1989established in 1989

Answer : yes or noAnswer : yes or no Answer : yes or no or one of the two Answer : yes or no or one of the two proposed solutions. proposed solutions.

Austrian citizens living abroad may not Austrian citizens living abroad may not votevote

Austrian citizens living abroad may voteAustrian citizens living abroad may vote

-19781978 : building a nuclear power station : building a nuclear power station -19941994 : support for EU membership : support for EU membership

never implemented so farnever implemented so far

Popular initiativePopular initiative If it attracts over 100 000 signatures, If it attracts over 100 000 signatures, the petition the petition

must be taken into consideration by the National must be taken into consideration by the National CouncilCouncil

For the National Council, For the National Council, a political signal with few a political signal with few direct effectsdirect effects

A dedicated registration process A dedicated registration process Right to ‘vote’ restricted to:Right to ‘vote’ restricted to:

- Austrian citizens aged 16 and more- Austrian citizens aged 16 and more- Residents in a municipality of the Federal - Residents in a municipality of the Federal statestate

The initiators of the proposal must contribute The initiators of the proposal must contribute to the costs (i.e. printing of the ballot papers).to the costs (i.e. printing of the ballot papers).

Registration process within the framework Registration process within the framework of popular initiativeof popular initiative

Application at the Ministry of Interior (Application at the Ministry of Interior (text of the petition, text of the petition, short description, reasons for it, names and signatures of short description, reasons for it, names and signatures of the 4 people responsible for the conduct of the petition)the 4 people responsible for the conduct of the petition)

Text Text written as a bill or as a proposal, describing attracted written as a bill or as a proposal, describing attracted

supports supports

The Ministry of Interior must consider the implementation of The Ministry of Interior must consider the implementation of all conditions within 3 weeks all conditions within 3 weeks

If the ministry agrees the petition must registred within one If the ministry agrees the petition must registred within one

week and passed on to the official journal of the state. week and passed on to the official journal of the state.

D day: passed on to the official journal

1st day registration time

8 week period

D+6 months: end of registration time

D+14 initiators select interested municipalities

Social partnershipSocial partnership

A very special deviceA very special device Interest-groups take part in the political Interest-groups take part in the political

decision-making, unofficially and confidentiallydecision-making, unofficially and confidentially Social partners may also be involved officially :Social partners may also be involved officially :

- participation to committees, consultative - participation to committees, consultative councils and commissionscouncils and commissions

- participation to the reading of the bill- participation to the reading of the bill Example : Participation to the decision-making Example : Participation to the decision-making

of Austria’s official positions about EU projectsof Austria’s official positions about EU projects

Tools for Tools for Local Participative Democracy Local Participative Democracy

At länder’ s levelAt länder’ s level : :

Processes close to the national ones :Processes close to the national ones : Regional referendumRegional referendum (for voting for, (for voting for,

reform or abolition of an Act of Parliament, reform or abolition of an Act of Parliament, a decree or any governmental decision)a decree or any governmental decision)

Popular initiativePopular initiative Popular consultationPopular consultation about issues that about issues that

deal with the Landtag’s responsibilitiesdeal with the Landtag’s responsibilities Opinion pollOpinion poll Right of expertiseRight of expertise

At local level:

Local referendum enacted in 7 LänderThe process of referendum depends of the rule of each Land :

- municipal council’s proposal (in 2 Länder)- written request (in 3 Länder)- mayor’s proposition (in 2 Länder)- popular initiative approved by the municipal

council

Other types of local participation:1. Observations presented to the municipal council about development plans, proposed constructions or budgetary process

- 2. Popular proposals for adopting, reforming or abolishing any decree of administrative decision

- 3.Opinion polls about municipal council’s initiatives

- 4. Dedicated local gatherings to inform citizens and allow them to express their advice about municipal plans.