Local Government in Autria

Table of contents 1. Local government system and decentralisation process – –1.1. Institutional Organization Central Government Local Government – –1.2. Distribution of Powers – –1.3. Local Councillors’ Status 3.1 How to become a candidate 3.2 Local Councillors’ Duration of mandates and allowances 3.3 Rules about Incompatible Mandates – –1.4. Local government service and staff – –1.5. Local finance 5.1 Elaboration of the municipal budget 5.2 Local Government Resources 2. Participative democracy – –2.1. Participative Democracy in Austrian law 1.1 Tools for Participative Democracy at the Federal Level 1.2 Tools for Participative Democracy at the Local Level

Part 1 Local Government and Decentralisation Process

1. State structure A federal state A federal state 9 länder 9 länder 99 districts 99 districts 2359 towns (about 1000 joint ‘inter- communal’ bodies) 2359 towns (about 1000 joint ‘inter- communal’ bodies)

1.1 National institutionnal system The 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) Chancellor Vice-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 system Regional Government : 9 länder Meso Government : 99 districts Local Government : 2359 towns Landtag Directly Elected Members, for 5 or 6 years Can be dissolved by the Federal President elect s Head of Government Land Government District Councils Responsible for enacting Municipal Councils Directly Elected Municipal Committees Decision-making power over financial, legal and economic matters Mayor Directly Elected or Elected by the Municipal Council. the executive body Right of control the legislative body

2. Distribution of Powers A General Competence for Länder A General Competence for Länder Indirect Federal Administration System Indirect Federal Administration System Two spheres of responibilities for towns: - own legal responsibilities Two spheres of responibilities for towns: - own legal responsibilities - delegated responsibilities - delegated responsibilities Ambiguity of the concept of ‘local affairs’ Ambiguity of the concept of ‘local affairs’

3. Elected Councillors’ status 3.1 How to become a candidate Aged 18 or 21 (depending on the rule of the Land) Aged 18 or 21 (depending on the rule of the Land) An Austrian citizen or a national of a European Union member-state An Austrian citizen or a national of a European Union member-state A resident in the municipality A resident in the municipality Not deprived of his/her civic rights Not deprived of his/her civic rights Never condemned to a custodial sentence of more than one year Never condemned to a custodial sentence of more than one year

3.2 Local councillors’ duration of mandates and allowances A term of 5 to 6 years, according to the rule of the Länder A term of 5 to 6 years, according to the rule of the Länder Compulsory attendance to all sessions Compulsory attendance to all sessions Revoked if 3 sessions are unattended Revoked if 3 sessions are unattended Working conditions are defined in the legislation of each Land Working conditions are defined in the legislation of each Land Financial allowance to compensate for the loss of revenue and to cover their expenses + Attendance fee. Financial allowance to compensate for the loss of revenue and to cover their expenses + Attendance fee.

3.3 Rules on Incompatible Mandates A local councillor cannot be also : the Federal President of Austria the Federal President of Austria a member of the Public Petitions Committee a member of the Public Petitions Committee the head of a controlling administration the head of a controlling administration a judge at the Independent Federal Court for Asylum, at the Administrative High Court, at the Constitutional Court a judge at the Independent Federal Court for Asylum, at the Administrative High Court, at the Constitutional Court an executive manager of a private company an executive manager of a private company

4. Local Government Service and Staff Art.21 (Federal Constitution): Länder’s own responsibility Art.21 (Federal Constitution): Länder’s own responsibility Carreer system Carreer system 3 ways of recruiting staff: 3 ways of recruiting staff: - tests - interview after an individual application - promotion after personal assessment when the candidate is a member of staff - promotion after personal assessment when the candidate is a member of staff tatutes 1979 Act of Parliament and following statutes Two types of job: Two types of job: - Permanent carreer - Permanent carreer - Contracted position - Contracted position - in December 2005: A proposed bill to abolish permanent jobs in public administration. The government suggests to unify the 2 types. - in December 2005: A proposed bill to abolish permanent jobs in public administration. The government suggests to unify the 2 types.

5. 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 budget 1. Proposed budget by the local authority’s administration to be presented to the various municipal bodies 1. Proposed budget by the local authority’s administration to be presented to the various municipal bodies 2. Decision made by the local council 2. Decision made by the local council 3. Budget submitted to controlling bodies (Länder) 3. Budget submitted to controlling bodies (Länder) 4. In cities over inhabitants, budget control by the Federal Revenue Court 4. In cities over inhabitants, budget control by the Federal Revenue Court

5.2 Resources of the municipalities ’profit-sharing’ system according to 2 criteria of redistribution: Shared fiscal resources: ’profit-sharing’ system according to 2 criteria of redistribution: - demography - fiscal capacity - fiscal capacity : list of the taxes established by the federal legislation or by the Land legislation (13) Own fiscal resources : list of the taxes established by the federal legislation or by the Land legislation (13) payment for the supply of the most important public services Taxes: payment for the supply of the most important public services granted by the higher tier authorities Subsidies: granted by the higher tier authorities Loans.

Part 2 Participative democracy

Participative democracy in Austrian law Federal level: the Constitution Land level: case-law of the Constitutionnal Court Local level: regulation issued by the Länder

Tools for Participative Democracy at the federal level Referendum Referendum Popular consultation Popular consultation Popular initiative Popular initiative Social partnership Social partnership

referendum (Volksabstimmung) Popular consultation (Volksbefragung) Same process at the federal level Secret ballot the President announced the decision (resolution) the Federal Governement chooses the date (decree) Purpose= an Act of Parliament. whether a bill of the National Council must be voted for ; or whether the Federal President must be removed. Compulsory for any constitutional reform. A popular consultation takes place after the National Council’s decision at the request of its members or of the Federal Government in cases of fundamental national importance. Mandatory process established in 1972 Consultative process established in 1989 Answer : yes or no Answer : yes or no or one of the two proposed solutions. Austrian citizens living abroad may not vote Austrian citizens living abroad may vote : building a nuclear power station : support for EU membership never implemented so far

Popular initiative If it attracts over signatures, the petition must be taken into consideration by the National Council If it attracts over signatures, the petition must be taken into consideration by the National Council For the National Council, a political signal with few direct effects For the National Council, a political signal with few direct 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 - Residents in a municipality of the Federal state The initiators of the proposal must contribute to the costs (i.e. printing of the ballot papers). The initiators of the proposal must contribute to the costs (i.e. printing of the ballot papers).

Registration process within the framework of popular initiative Application at the Ministry of Interior (text of the petition, short description, reasons for it, names and signatures of the 4 people responsible for the conduct of the petition) Application at the Ministry of Interior (text of the petition, short description, reasons for it, names and signatures of the 4 people responsible for the conduct of the petition) Text written as a bill or as a proposal, describing attracted supports Text written as a bill or as a proposal, describing attracted supports The Ministry of Interior must consider the implementation of all conditions within 3 weeks The Ministry of Interior must consider the implementation of all conditions within 3 weeks If the ministry agrees the petition must registred within one week and passed on to the official journal of the state. If the ministry agrees the petition must registred within one week and passed on to the official journal of the state. D day: passed on to the official journal 1 st day registration time 8 week period D+6 months: end of registration time D+14 initiators select interested municipalities

Social partnership A very special device A very special device Interest-groups take part in the political decision-making, unofficially and confidentially Interest-groups take part in the political decision-making, unofficially and confidentially Social partners may also be involved officially : Social partners may also be involved officially : - participation to committees, consultative councils and commissions - participation to the reading of the bill Example : Participation to the decision-making of Austria’s official positions about EU projects Example : Participation to the decision-making of Austria’s official positions about EU projects

Tools for Local Participative Democracy At länder’ s level : Processes close to the national ones : Regional referendum (for voting for, reform or abolition of an Act of Parliament, a decree or any governmental decision) Regional referendum (for voting for, reform or abolition of an Act of Parliament, a decree or any governmental decision) Popular initiative Popular initiative Popular consultation about issues that deal with the Landtag’s responsibilities Popular consultation about issues that deal with the Landtag’s responsibilities Opinion poll Opinion poll Right of expertise Right of expertise

At local level: Local referendum enacted in 7 Länder The 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 Popular proposals for adopting, reforming or abolishing any decree of administrative decision Opinion polls about municipal council’s initiatives - 4. Dedicated local gatherings to inform citizens and allow them to express their advice about municipal plans.