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Constitution of the State of Carinthia: June 11, 1996 (as Amended to February 26, 2016) (Carinthia)

Constitution of the State of Carinthia: June 11, 1996 (as Amended to February 26, 2016) (Carinthia)

© 2018 Oxford University Press
 

Chapter One  National Territory and Symbols

Article 1 

1.  Carinthia is a Federal state of the democratic Republic of Austria.

2.  As an independent state in the association of the Federal State, Carinthia exercises all the sovereign rights that are not expressly assigned to the Federation by the Federal Constitution.

Article 2 

1.  The State of Carinthia comprises the territory that is enclosed by the state boundaries that are set down in international treaties and the laws LGBl. Nr. 49/1966, 78/1976 and 107/1996, in each case in the version of the State Constitution LGBl. Nr. 72/2013, as well as by the common State boundaries with the States of Salzburg, Styria and Tyrol.

2.  International treaties through which the Federal boundaries are changed may only be concluded with the assent of the State when they affect Carinthia. The granting of this assent is the responsibility of the State Government with the authorization of the State Parliament.

3.  Changes and corrections to boundaries within the Federal territory that also affect the state boundary of Carinthia require a State law as well as meeting the requirements of Federal constitutional law.

4.  Decisions of the State Parliament pursuant to Section 2, second sentence and Section 3 require a majority of two-thirds of the votes cast.

Article 3 

1.  The State of Carinthia is divided into communes. The commune is the local authority with the right to autonomous administration and at the same time an administrative district. Every piece of land must belong to a commune.

2.  The change in the territory of a commune may only-except in the event of a boundary change by mutual agreement-occur by way of a State Law; if the change leads to the disappearance of a commune, the State law may only be adopted by a majority of two-thirds of the votes cast.

3.  A Bill that provides for the disappearance of a commune as a local authority may be brought as a submission to the State Parliament from the State Government only after a referendum (Article 43) has been carried out in the affected communes before the decision is taken by the State Government.

Article 4 

1.  The mayors of the communes, including the towns with their own statute, are-to the extent that Section 2 does not provide otherwise-elected by the persons who are eligible to vote for the communal council.

2.  If the term of office of a mayor ends prematurely and general elections for the communal council are to take place within six months of the premature end of the term of office, the election of a successor is to be carried out by the communal council.

Article 5 

The German language is the language of the Legislative Power and-without prejudice to the rights granted to the minority by Federal law-the language of the Executive Power of the State of Carinthia.

Article 6 

1.  The colors of the State of Carinthia are yellow-red-white.

2.  The State of Carinthia bears the historical coat-of-arms as the State coat-of-arms. The shield of the State coat-of-arms is divided between gold and red; in the foreground are three black, red-tongued and armed lions, one on top of the other, and in the background a silver beam. The crowned jousting helmet with red and gold mantles bears two buffalo horns that on the outside on which on each side are stuck five little golden bars, from which hang down on each on the right side three black linden leaves, and on each on the left side three red linden leaves. The pictorial representation of the State coat-of-arms is to be published in the State Law Gazette.

3.  The right to bear the State coat-of-arms belongs to the authorities, the offices and the institutions of the State of Carinthia. Whoever else is entitled to bear the State coat-of-arms or shield shall be set down by State law.

4.  The State flag comprises three horizontal yellow-red-white strips of equal breadth; the uppermost stripe is the yellow one.

5.  The State seal shows the State coat-of-arms with the inscription “State of Carinthia”.

Article 7 

The capital of the State of Carinthia is Klagenfurt am Wörthersee.

Article 7a 

1.  The State and the communes have to ensure, through protection and care of the environment, the living conditions of the present and future generations in Carinthia.

2.  The State and the communes have, within the scope of their areas of competence, to meet the following environmental goals:

  1. (1)  To protect the natural bases of life: soil, water and air. They may only be used economically and with care. The possibility of the non-genetic engineered cultivation of natural resources is to be guaranteed;

  2. (2)  To maintain the productivity of the natural environment; damage that has occurred is to be remedied as far as possible or to be reduced by ecologically meaningful care measures; measures that lead to an impairment of the climate are to be avoided;

  3. (3)  To preserve the local fauna and flora in the richness of their species and their diversity; to protect and preserve their natural habitats;

  4. (4)  To preserve the individuality and beauty of the Carinthian countryside, the characteristic landscapes and places as well as the natural monuments and cultural assets of Carinthia;

  5. (5)  To use the land economically and with care; to avoid over-development; to plan and construct traffic routes in an environmentally friendly way;

  6. (6)  To recycle or dispose of garbage and sewage in an environmentally friendly way; to act against any threat to soil, water and air;

  7. (7)  To contain harmful and disturbing noise;

  8. (8)  To foster the environmental consciousness of the inhabitants of and visitors to Carinthia and the economical use of raw materials and energy.

3.  State laws, measures of the State Executive Power and tasks that are carried out by the State, the communes and the associations of communes as bodies responsible for private rights must be in harmony with the principles and goals of Sections 1 and 2.

Article 7b 

The State of Carinthia recognizes Sundays and officially recognized holidays as days of rest. It respects the traditions associated with these days.

Article 7c 

The State of Carinthia declares in belief in the protection of the climate, the increased use of renewable energy sources to cover the need for energy and its sustainable use as well the increase in energy efficiency.

Chapter Two  State Parliament

Article 8 

The State Parliament comprises 36 members.

Article 9 

1.  The members of the State Parliament are elected on the basis of the equal, direct, secret and personal proportional representation of all citizens with their main residence in the State of Carinthia.

2.  More detailed provisions on the right to vote and stand as a candidate and on the electoral process are to be laid down by State law. A State law may provide for a compulsory vote in elections to the State Parliament.

Article 10 

The members of the State Parliament may not at the same time be members of the National Assembly,1 members of the Federal Assembly,2 members of the European Parliament or members of the Federal Government.

Article 11 

The activity of members of the State Parliament in private industry is subject to the restrictions laid down by Federal law (Law on Incompatibility and Transparency3).

Article 12 

The members of the State Parliament may be granted salaries by State law.

Article 13 

1.  The seat of the State Parliament is the capital of the State.

2.  The President of the State Parliament may convoke the State Parliament to another place for the duration of extraordinary circumstances.

Article 14 

1.  The legislative term of the State Parliament lasts five years, calculated as from the day of its first meeting, and, in any case, until the day on which the newly elected State Parliament meets. The election of the State Parliament is to be called by the State Government in such a way that the State Parliament can meet on the day after the end of the fifth year of the legislative term.

2.  The State Parliament may dissolve itself by a decision before the end of the legislative term in the presence of a quorum of at least two-thirds of the members of the State Parliament. Such a decision may not be excluded by the rules of procedure from prior examination in a committee. In the event of a self-dissolution, the legislative term of the State Parliament lasts until the meeting of the newly elected State Parliament.

3.  If the Federal President dissolves the State Parliament pursuant to Article 100(1) of the Federal Constitution, the State Government has to call new elections within three weeks.

4.  In the cases set out in Sections 2 and 3, the State Government must call new elections in such a way that they may take place within three months.

Article 15 

1.  A newly elected State Parliament is convoked for its first sitting by the President of the previous State Parliament within four weeks of the election.

2.  The convocation must be done in such a way that the newly elected State Parliament may meet for its first sitting within six weeks of the election.

3.  The agenda of the first sitting of the State Parliament has to provide in all cases, in the following order, for the swearing-in of the members of the State Parliament, the election of the President, the formation and election of the committees, the election of the members of the Federal Assembly and their alternates as well as the election and swearing-in of the members of the State Government and their alternates.

4.  The oldest member of the State Parliament presides over the first sitting until the election of the President.

5.  The State Parliament may, as soon as the election of the committees has been carried out, regardless of whether the other items on the agenda of the first sitting have been dealt with, start work.

Article 16 

1.  The State Parliament has to elect from among its members a First, Second and Third President. In so far as the three largest parties represented in the State Parliament do not agree to vote for the candidates presented by agreement for the First, Second and Third Presidents by more than half of the votes cast, their election takes place by proportional representation. If the election of the Presidents takes place by proportional representation, their order is determined by the votes cast in the election for the State Parliament for the parties that are represented in the State Parliament.

2.  The Second President replaces the First President for the duration of any impediment or in the case of a premature withdrawal and, if the latter is impeded or has withdrawn prematurely, the Third President replaces him.

3.  The oldest member of the State Parliament replaces the Presidents for the duration of any simultaneous impediment or in the case of a simultaneous withdrawal, and if he is impeded, then the next oldest member of State Parliament takes over.

4.  In the case of a premature withdrawal of a President, the State Parliament has to undertake a new election within two weeks; the agreements concluded pursuant to Section 1 remain in force unless there is agreement to provide otherwise.

Article 17 

1.  The items for debate by the State Parliament are-in so far as the rules of procedure do not provide otherwise-to be examined beforehand in committees.

2.  The State Parliament has to establish:

  1. a)  the necessary committees;

  2. b)  their areas of competence;

  3. c)  the number of their members;

  4. d)  for which committees the parties represented in the State Parliament have the right according to the system of proportional representation to propose the chair of the committee.

3.  The State Parliament has to elect from among its members by proportional representation:

  1. a)  the chairs of the committees;

  2. b)  the other members of the committees.

4.  The parties represented in the State Parliament have, in accordance with the chairs to which they are entitled under Section 3(a) and in accordance with the other members of the committee to which they are entitled under Section 3(b), to submit to the President proposals for each committee, which must be signed by more than half of their members; these persons are thereby considered elected. The President must inform the State Parliament of the persons elected.

5.  The allocation of a position as chair pursuant to Section 2(d) to a party represented in the State Parliament may only be changed during the legislative term with its consent.

Article 18 

1.  The sittings of the State Parliament are open to the public.

2.  The public is excluded if this is requested by the person presiding or one-fifth of the members present and agreed by the State Parliament behind closed doors.

3.  The sittings of the committees of the State Parliament are not open to the public unless the committee declares them to be open to the public. The sittings of committees of enquiry are at any rate open to the public in so far as they serve the questioning of informants and experts and the public is not thereby shut out.

4.  The State Parliament and its committees may declare closed-door sittings to be confidential by a majority of two-thirds of the votes cast. Communication of the proceedings and decisions of confidential sittings is forbidden.

Article 19 

1.  The members of the State Government are obliged to participate in the sittings of the State Parliament and its committees-with the exception of committees of enquiry-during the discussion of matters that, according to the rules of procedure (Article 56(2)), fall within their area of competence. This applies mutatis mutandis to the question period and the current events period. Moreover, the State Parliament and its committees have the right to require the presence of the State Government or individual members of the State Government at their sittings. The absence of a member of the State Government is in all these cases only justified if there are convincing reasons. The members of the State Government have the right to bring along State servants to advise them.

2.  In closed-door sittings of the State Parliament, only the members of the State Government and the servants employed in the State Parliament Office, together with the members of the State Parliament and the members of the Federal Assembly sent by the State Parliament, may be present.

3.  In closed door sittings of committees the members of the State Parliament, the members sent by the State Parliament to the Federal Assembly, the members of the State Government, the State servants brought along and those employed in the State Parliament Office, the State Court of Accounts or in a State parliamentary group may be present. In closed-door sittings of committees of enquiry the members of the State Government may only be present on a special invitation.

4.  The relation of informants to sittings of the State Parliament and its committees is to be regulated in the rules of procedure and in the law pursuant to Article 69(7).

Article 20 

Accurate reports on the discussions in the public sittings of the State Parliament and its committees are free from any liability.

Article 21 

1.  The State Parliament is convened to its sessions by the President.

2.  If at least one-fifth of the members of the State Parliament or the State Government so request and give notice of the agenda items, the President is obliged to convene the State Parliament so that it can meet within a week; if no matters for discussion are submitted, the members of the State Parliament may communicate instead of such matters urgent requests and urgent questions that they wish to be discussed.

Article 22 

1.  The members of the State Parliament are not bound by any instructions in the exercise of their mandate.

2.  If a member of State Parliament has renounced his mandate as a result of his election to be a member of the State Government, the mandate is to be assigned to him anew by the responsible electoral authority once he leaves office if the person concerned has not renounced his renewed exercise of the mandate to the electoral authority within eight days.

3.  The mandate of that member of the State Parliament who held the mandate of the temporarily absent member ends with the re-assignment unless another member of the State Parliament, who entered the State Parliament later, has made a declaration to the electoral authority at the time of his appointment to his mandate in the same constituency that he wanted to exercise the mandate on a replacement basis for the temporarily absent member of the State Parliament.

4.  Sections 2 and 3 apply also if a candidate does not accept his election as a member of the State Parliament as a result of his election as a member of the State Government.

Article 23 

The members of the State Parliament have, at the first sitting in which they participate, to take the oath before the State Parliament:

I promise solemnly to stand up for the freedom, continued existence and welfare of the State of Carinthia, to observe loyally the laws of the State and the Federation and to carry out my duties to the best of my abilities and conscience.

Article 24 

1.  The members of the State Parliament may never be held to account for the votes cast in the course of their mandate. They may only be held to account for oral or written statements made in the course of their mandate by the State Parliament; this does not apply to official prosecution for slander or libel.

2.  The members of the State Parliament may only be arrested for a criminal act-except where they are caught red-handed in the commission of a crime-with the consent of the State Parliament. House searches of members of the State Parliament likewise require the consent of the State Parliament.

3.  Apart from this, members of the State Parliament may only be prosecuted by the authorities for a punishable offense without the consent of the State Parliament if it clearly has no connection with the political activity of the member concerned of the State Parliament. The authorities must, however, obtain a decision of the State Parliament whether such a connection is present if the member of the State Parliament concerned or one-third of the members of the standing committee that is entrusted with these matters so require. In the event of such a request, every official prosecution proceeding is immediately to stop or be called off.

4.  The consent of the State Parliament is deemed in all cases to have been given if the State Parliament has not decided within eight weeks on a relevant request from the authority that has been called upon to prosecute; to facilitate a timely decision by the State Parliament, the President has to present such a request for a vote at the latest on the last day but one before the deadline for the vote.

5.  In the event of catching a person red-handed in the commission of a crime, the authority must inform the President of the State Parliament immediately of the arrest. If the State Parliament so demands, the detention must be lifted or the prosecution stopped altogether.

6.  The immunity of the members of the State Parliament end on the day of the meeting of the newly elected State Parliament, and in the case of bodies of the State Parliament whose function lasts beyond this point in time, with the end of this function.

7.  The provisions of Sections 1 to 6 apply in the same manner to the members of the Federal Assembly.

Article 24a 

1.  A commission shall be set up in the State Parliament Office for the scrutiny of the salaries of public servants who are elected as members of the State Parliament.

2.  The commission comprises seven members who are appointed by the State Government for the duration of the legislative term of the State Parliament.

3.  The three largest parties represented in the State Parliament, the Carinthian Federation of Communes and the Carinthian Section of the Austrian Federation of Municipalities have the right to propose one member each. One member must previously have exercised a judicial office. A person who has a paid occupation may not be a member of the commission. If the institutions named in the first sentence fail to make a proposal within a month after being called upon to do so by the State Government, the State Government has to appoint the members of the commission concerned without waiting for a proposal.

4.  Membership of the commission ends with renunciation of membership, recall (Section 6) or the end of the term of office. The members remain in office after the end of the term of office until the new members are appointed.

5.  If a member leaves the commission before the end of the term of office, a new member is to be appointed for the remainder of the term of office.

6.  The State has to recall a member from office with notice if the mental or physical aptitude is no longer present or if the member has seriously failed in or neglected his duties.

7.  Membership of the commission is a voluntary position; no remuneration is granted to the members for the work carried out within the commission. They have a right, however to travel expenses in accordance with §§ 190 and 191 of the Carinthian Law on Service Regulations 19944 (K-DRG 1994). A kilometer allowance is only to be granted if the conditions of §194 K-DRG 1994 are met.

8.  Every member of the State Parliament who is a public servant, is obliged, when called upon by the commission, to inform it once annually which rule concerning him has provided for his leave of absence or withdrawal from service pursuant to Article 95(5) of the Federal Constitution and in what manner the work required of him is verified.

9.  On an application from a public servant who is a member of the State Parliament or from his public authority, the commission gives an opinion on differences of opinion which have arisen between the public servant and his public authority concerning the application of Article 95(5) of the Federal Constitution or the legal provisions adopted to implement it.

10.  Article 53(3) of the Federal Constitution applies to investigations by the commission mutatis mutandis. The commission adopts its rules of procedure.

11.  The commission has to give a report to the State Parliament annually, which is to be published.

Article 25 

1.  The term of office of a member of the State Parliament begins on the day of the meeting of the newly elected State Parliament.

2.  The term of office of a member of the State Parliament ends with death, resignation, declaration of nullity of the election, loss of his seat or on the day of the meeting of the newly elected State Parliament.

Article 26 

1.  A member of the State Parliament may have his seat declared lost by the Constitutional Court:

  1. (1)  if he does not take the oath set out in Article 23 or does so only with reservations;

  2. (2)  if he loses his eligibility for election after the election has taken place;

  3. (3)  if he has postponed his entry into the State Parliament for more than thirty days or has been absent from the sittings of the State Parliament or its committees for more than thirty days without being ill or without a weighty reason recognized by the State Parliament, and who, on the expiry of this time limit, has not responded to the request of the President addressed to the member of the State Parliament in a public sitting to appear within a further thirty days or to justify his absence;

  4. (4)  if one of the grounds in §§9 or 10 of the Law on Incompatibility and Transparency 1983 is present.

2.  If one of the grounds set out in Section 1 becomes known to the President, he must inform the State Parliament of this.

Article 27 

1.  The presence of at least half the members and more than half of the votes cast are required for decisions of the State Parliament or its committees in so far as this law, the Law on the Rules of Procedure of the Carinthian State Parliament or the law pursuant to Article 69(7) does not provide otherwise for certain matters.

2.  State constitutional laws may be adopted by the State Parliament only by a majority of two-thirds of the votes cast. State constitutional laws may only consist of a change or an amplification of the text of this State Constitution; they must be expressly designated as a “State Constitutional Law”.

2a.  The repeal or amendment of the Carinthian National and Biosphere Park Law5 as well as the Biosphere Park Nockberge Law may be adopted by the State Parliament only by a majority of two-thirds of the votes cast.

3.  The repeal or amendment of §§ 3(1), 6, 13 to 20, 25, 27(1) and 39(4) of the Carinthian Law on the Operation of State Hospitals6 may only be adopted by the State Parliament by a majority of two-thirds of the votes cast.

3a.  The dissolution of the Carinthian State Holding Company by law may only be adopted by the State Parliament by a majority of two-thirds of the votes cast.

4.  The votes cast on the occasion of the election for the State Parliament for the parties represented in the State Parliament are to form the basis for the elections by proportional representation and for the claims within the meaning of Articles 16, 17, 49 and 69 to be determined in accordance with the law of proportional representation (d’Hondt System). In the event of equal claims, the matter is decided by casting lots.

Article 28 

1.  The State Parliament has to adopt, by a State law, the rules necessary for the orderly conduct of its business (rules of procedure). The rules of procedure have, in particular, to set down rules on the conduct of the Presidency, the conduct of the sessions and the handling of the Bills and the other matters of discussion in the State Parliament.

2.  The voting rights of a member may not be limited by the rules of procedure.

3.  The rules of procedure may only be adopted by a majority of two-thirds of the votes cast.

Article 29 

More than three members of the State Parliament who are elected on the basis of a nomination by the same party have the right to form a political group.

Chapter Three  The State Legislative Power

Article 30 

The Legislative Power of the State is exercised by the State Parliament.

Article 31 

1.  Bills arrive before the State Parliament as proposals from its members, its committees or as submissions from the State Government.

2.  A proposal presented by at least 15,000 persons entitled to vote for the State Parliament (popular initiative) is to be presented by the appropriate electoral authority to the State Parliament to be dealt with. The popular initiative must concern a matter to be regulated by a State law and may be presented in the form of a Bill.

3.  The procedure for the popular initiative is to be regulated by a State law.

Article 32 

1.  To the extent that the necessity of carrying out prior information procedures or notifications arises on the basis of ratified treaty provisions with the rank of constitutional provisions or on the basis of legal provisions of the European Union or on the basis of decisions of the European Court of Justice, a law may only then be adopted when the procedure laid down for it-in the case of government proposals by the State Government, in the case of proposals from the members of the State Parliament or its committees and in the case of popular initiatives by the President of the State Parliament-has been carried out by way of the responsible Federal ministry.

2.  Further details may be laid down by a State law.

Article 33 

[Deleted]

Article 33a 

1.  [Deleted]

2.  If the State Parliament adopts a law that provides for the involvement of Federal bodies in its enforcement, the State Parliament may authorize the State Governor, in a decision taken at the same time, to promulgate the law in the State Legal Gazette without those provisions that provide for the involvement of Federal bodies in their enforcement, where the consent of the Federal Government is refused to this end. The provisions that, in the opinion of the State Parliament, require the consent of the Federal Government are to be indicated in detail in this decision. The decision is to be made known to the Federal Chancery at the same time as the law is adopted.

3.  If the Federal Government refuses its consent for the involvement of Federal bodies in the enforcement and if the State Parliament has taken no decision within the meaning of Section 2, the State Governor must forward to the State Parliament the communication of the Federal Government on its refusal of consent. The State Parliament then has to decide whether the law is to be promulgated without those provisions to which the Federal Government has refused its consent or whether the promulgation of the law is to be put aside.

4.  Section 3 also applies if the Federal Government refuses consent to provisions of the law that were indicated by the State Parliament in a decision taken pursuant to Section 2 as not needing consent.

Article 34 

1.  A law adopted by the State Parliament is to be submitted to a referendum before its certification and countersigning if the State Parliament so decides.

2.  All persons eligible to vote for the State Parliament have a right to vote in the referendum. The majority of valid votes cast decides on acceptance or rejection.

3.  The procedure for the referendum is to be regulated by a State law.

Article 35 

1.  The constitutional adoption of a law is to be certified by the President of the State Parliament and to be countersigned by the responsible members of the State Government; if one of the responsible members of the State Government is impeded and if no case set out in Article 46(5) applies, the countersignature must be given by the State Governor provided that the State Governor does not anyway have to countersign as the responsible member of the State Government. If a referendum is carried out, the certification and countersignature may occur only if the law is accepted.

2.  After certification, State laws are promulgated by the State Governor in the State Legal Gazette with a reference to the decision of the State Parliament; the acceptance of a law in a referendum must be indicated.

3.  Unless otherwise is expressly stipulated, State laws enter into force on the expiry of the day of their promulgation in the State Legal Gazette and apply to the whole territory of the State.

3a.  Deviations in a promulgation in the State Legal Gazette from the original version of the legal provisions to be promulgated and mistakes that have occurred in the internal organization of the State Legal Gazette, (numbering of the individual promulgations, page indications, giving of the day of the release for access on the internet) are to be corrected by an announcement from the State Governor. The correction of a promulgation is inadmissible if the substance of the promulgated legal provisions would be changed.

3b.  If a law of the State Parliament refers to another law that has not yet been promulgated, the State Governor has to complete the citation in the State Legal Gazette when the law is promulgated.

3c.  The promulgations in the State Legal Gazette must be generally accessible and must be able to be ascertained in their promulgated form completely and permanently.

3d.  The promulgation of the legal provisions to be promulgated in the State Legal Gazette may take place within the legal information system of the Federation.

4.  Further provisions concerning the State Legal Gazette are to be laid down by a State law.

Article 36 

1.  At least one-third of the members of the State Parliament are authorized to apply to the Constitutional Court within the meaning of Article 140 of the Federal Constitution for the revocation of a State law, wholly or partially, as unconstitutional.

2.  The members of the State Parliament who have made an application within the meaning of Section 1 must simultaneously inform the President of the State Parliament of it.

Article 37 

To the extent that in the provisions of State law indications are given exclusively in the female or male form, both sexes are meant.

Article 37a 

1.  The State Government is authorized to re-issue State laws in their current version by promulgation in the State Legal Gazette.

2.  The State Government is authorized in the re-issue:

  1. (1)  to adapt outdated terminology and archaic spelling to new language usage;

  2. (2)  to replace indications of authorities that have become incorrect with the new designations that conform to the status of the law;

  3. (3)  to correct references to other legal provisions that no longer correspond to the state of the law as well as other discrepancies;

  4. (4)  to declare as longer in force provisions that have been repealed by later legal provisions or otherwise are no longer of use;

  5. (5)  to incorporate amendments or supplementary material into the legal provision concerned that were decided not by amending statutes but by particular laws unconnected with the original legal provisions;

  6. (6)  to change indications of articles, paragraphs, sections etc. in the event of the removal or addition of individual provisions and hereby also to correct references thereto within the text of the legal provision;

  7. (7)  to establish short titles and letter abbreviations of the titles;

  8. (8)  to put together transitional provisions as well as earlier versions of the State law in question that still apply while indicating their area of application and to promulgate them at the same time as the re-issue;

  9. (9)  to establish the entry into force of the re-issued text in derogation from Section 3;

3.  The re-issued text of the State law and the other provisions contained in the promulgation enter into force on the expiry of the day of their promulgation unless the promulgation provides otherwise.

Chapter Four  State Government

Article 38 

1.  The highest executive power in the affairs of the autonomous area of competence of the State is exercised by the State Government, as long as it does not concern matters within the jurisdiction of the administrative court of the State.

2.  The whole administration of the State may only be carried out on the basis of the laws. Every administrative authority may issue ordinances on the basis of the laws within its area of competence.

3.  The State Government has to carry out the tasks that are its responsibility under the Federal Constitution.

4.  Where Federal constitutional provisions provide for the approval of the State for acts of the Legislative or Executive Power of the Federation, the State Government makes the decision.

Article 39 

1.  Where the immediate issue of measures that constitutionally require a decision by the State Parliament becomes necessary to prevent an obvious, irreparable harm to the general public at a time when the State Parliament cannot meet in time or is prevented from acting by a higher power, the State Government may, in agreement with a committee of the State Parliament that is responsible for this matter and is elected according to proportional representation, take these measures through decrees that provisionally alter the law. These must immediately be brought by the State Government to the attention of the Federal Government.

2.  Every decree that is issued pursuant to Section 1 is to be presented by the State Government immediately to the State Parliament, which the President of the State Parliament has to convene, as soon as the impediment for the meeting of the State Parliament has been removed, for one of the eight days following the presentation. Within four weeks after the presentation or, in the case of an impediment to the meeting of the State Parliament lasting more than four weeks, within four weeks after the removal of the impediment, the State Parliament has either to adopt a corresponding State law in the place of the decree or to demand by a decision that the decree immediately be rescinded by the State Government. The State Government has to comply with this demand immediately. To ensure a timely decision of the State Parliament, the President has to put the presentation to a vote at the latest on the next to last day before the end of the four-week time limit. If the decree is repealed by the State Government in accordance with the foregoing provisions, the legal provisions that were repealed by the decree become effective again on the day of the entry into force of the repeal.

3.  The decrees mentioned in Section 1 may under no circumstance entail an amendment to State constitutional provisions or a permanent financial burden for the State, or a financial burden for the Federation or the communes, or financial obligations for citizens or an alienation of State assets, or measures concerning the matters indicated in Article 12(1) indent 6 of the Federal Constitution or, finally, such measures in matters of the Chambers for Workers and Employees on agricultural and forestry land.

Article 40 

1.  The State Governor represents the State.

2.  The State Governor concludes the agreements of the State with the Federation and the other States in accordance with Article 15a of the Federal Constitution.

Article 41 

1.  The State Government is the highest body of the State as the bearer of private rights; it administers the assets of the State.

2.  In derogation from Section 1, the State Government may make use of third parties to administer individual parts of the assets of the State if this is provided for by law or if the State Government is so authorized. Such laws and authorizations may only be decided by a majority of two-thirds of the votes cast.

3.  The State Government may only participate in enterprises whose management is not subject under Article 70, Section 2 indent 3 or Section 3 to inspection by the State Court of Accounts if the right to inspection by the State Court of Accounts with respect to the management of the enterprises is granted.

4.  With respect to the shares in the Kärntner Energieholding Beteiligungs GMBH, 51 percent of the authorized capital must be owned by the State of Carinthia.

Article 42 

1.  The State may conclude international treaties with countries bordering on Austria or their component parts on matters within its area of competence, so long as this does not change or supplement the text of the State Constitution.

2.  The State Governor has to inform the Federal Government before beginning negotiations on an international treaty pursuant to Section 1. The authorization for the State Government to begin negotiations and to conclude international treaties is up to the Federal President on a proposal from the State Government with the countersignature of the State Governor.

3.  The State Government decides on the conclusion of international treaties pursuant to Section 1. Once the State Government has decided that it wants to conclude an international treaty, the State Governor has to obtain the consent of the Federal Government. The conclusion may only take place if the Federal Government has given its consent or has been deemed to do so.

4.  International treaties that change the law or supplement it as well as international treaties, the contents of which entail the adoption or amendment of State laws require the approval of the State Parliament.

5.  The Federal President may authorize, on a proposal from the State Government and with the countersignature of the State Governor, the State Government to conclude international treaties pursuant to Section 1 that neither change nor supplement the law; such an authorization extends to the power to make orders where international treaties are to be implemented by the issue of directives.

Article 43 

1.  The State Government may order a referendum in order to find out the wishes of the citizens of the State on matters within the autonomous area of competence of the State that are of particular importance.

2.  A referendum is to be ordered if this is requested by at least 15,000 persons entitled to vote for the State Parliament.

3.  Those matters within the autonomous area of competence of the State that require exclusively an individual official decision are excluded from a referendum.

4.  A referendum may, according to the regional importance of the matter, be ordered for the whole State or for parts of it or, at the least, for the area of a commune.

5.  The procedure for the referendum is to be regulated by a State law.

Article 44 

1.  The State Governor is the director of the State Government Office.

2.  The State Government Office is divided into departments, between which business is divided up according to the subject matter and its substantive context. If necessary, the departments may be joined together as groups.

3.  The number of the departments and the assignment of business between them, where necessary also the joining together of the departments into groups, is set down in the division of business of the State Government Office. The division of business is issued by the State Governor with the agreement of the State Government. To the extent that the business of the indirect Federal administration is affected, it requires the approval of the Federal Government.

4.  The departments of the State Government Office look after the business assigned to them by the division of business, to the extent that it concerns that within the autonomous area of competence of the State, under the direction of the State Government or individual members thereof (Article 56(2)), and, to the extent that it concerns that of the indirect Federal administration or business concerning the administration of Federal assets that has been transferred to the State Governor, under the direction of the State Governor.

Article 45 

1.  The seat of the State Government is the State capital.

2.  The State Government may move its seat to another place for the duration of extraordinary circumstances.

Article 46 

1.  The State Government comprises the State Governor, a First and Second Deputy State Governor as well as four State Counselors.

2.  The State Governor is replaced in the event of an impediment, with respect to matters of the indirect Federal administration, by a member of the State Government chosen by the State Government.

3.  The State Governor is replaced, in the event of an impediment or in the event of a premature end to his office (Article 52(3)), in State matters in his quality as State Governor by the First Deputy State Governor and, if he is also impeded, by the Second Deputy State Governor.

4.  A member of the State Government is replaced in the collegial deliberations (Article 56(2)) by his alternate member (Article 49(5)) in the event of an impediment or a premature end to his office (Article 52(3)).

5.  In matters that are not subject to collegial deliberation, a member of the State Government is replaced by his alternate member (Article 49(5)) in the event of an impediment after the expiry of three months until the end of the impediment or, in the event of a premature end to his office (Article 52(3)), after the end of the legislative period until the swearing-in of the newly elected State Government.

Article 47 

1.  The State Government is elected by the State Parliament. Only a person who is eligible to be elected to the State Parliament may be elected to the State Government.

2.  The members of the State Government may not at the same time be members of the National Assembly, members of the Federal Assembly, members of the European Parliament, members of the Federal Government, Presidents of the State Parliament, members of bodies called upon to represent externally the legal professional associations, mayors or other members of a city senate or a communal executive.

3.  The activities of the members of the State Government in the private sector are subject to limitations under Federal Law (1983 Law on Incompatibility and Transparency).

Article 48 

Salaries may be granted to the members of the State Government by a State law. The same applies to the alternate members of the State Government (Article 49(5)) in the cases set out in Article 46(5) but, in the case of the substitution of a member of the State Government who has left office prematurely after the end of the legislative term, only if the substitution has already lasted three months without pay.

Article 49 

1.  The State Governor is to be elected in the presence of at least two-thirds of the members of the State Parliament and by more than half of the votes cast; if the election of the State Governor has already been placed twice on the agenda of a sitting of the State Parliament and if no election of the State Governor occurred as a result of the lack of the quorum, he is to be elected in the presence of at least half the members of the State Parliament and by more than half the votes cast. The right to make a nomination belongs to the parties represented in the State Parliament, which also have the right to make a nomination for the election of another member of the State Government according to the system of proportional representation; such a nomination must each be signed by more than half the members of the parties represented in the State Parliament and must contain the consent of the person who is nominated. If the consent to a candidacy is given for more than none nomination, these nominations are void.

2.  If the three largest parties represented in the State Parliament do not agree to elect the candidates proposed by agreement for the First and Second Deputy State Governor in the same way as the State Governor, their election takes place by proportional representation. If the election of the Deputy State Governors takes place by proportional representation, the votes received by the parties represented in the State Parliament at the election for the State Parliament determine their order.

3.  The mandates of the State Counselors are divided up among the parties represented in the State Parliament according to the system of proportional representation. The parties represented in the State Parliament have to deliver nominations signed by more than half their members to the President in accordance with the number of mandates to which they are entitled. These nominations must contain as many names of candidates for the State Government as members of the State Government to which the party represented in the State Parliament is entitled according to the system of proportional representation, including the elected State Governor and both the elected Deputy State Governors. In the election of the State Counselors only those votes are valid that are cast for a nomination in due form.

4.  The inclusion of the elected State Governor and both the elected Deputy State Governors (Section 3) has to occur each time for the party represented in the State Parliament on whose nomination the vote is being taken. If parties represented in the State Parliament present a joint nomination, the nomination has to state for which of these parties the inclusion occurs.

5.  An alternate member is to be elected by proportional representation for every full member of the State Government; the procedural provisions of Section 3 apply mutatis mutandis.

Article 50 

1.  The members of the State Government have to take the following oath before the State Parliament:

I promise solemnly to observe faithfully the Constitution and the laws of the State and the Federation and to carry out my duties to the best of my ability and conscience.

2.  Before taking office, the State Governor is made to swear by the Federal President and the other members of the State Government to the Federal Constitution.

Article 51 

1.  To the extent that the Federation’s own authorities do not exist, the State Governor and the State authorities subordinated to him exercise the executive powers of the Federation (indirect Federal administration).

2.  The State Governor is bound in matters of the indirect Federal administration by the instructions of the Federal Government as well as by those of the individual Federal Ministers, and he is obliged, in order to carry out such instructions, also to use the means available to him in his capacity as an organ of the autonomous area of competence of the State.

3.  If, in matters of the indirect Federal administration, measures to prevent manifest and irreparable harm to the general public must be taken in Carinthia at a time when the highest bodies of the administration of the Federation are prevented from acting by a higher power, the State Governor has to take such measures in their place.

4.  The State Government may, when drawing up its rules of procedure, decide that individual groups of matters of the indirect Federal administration are to be conducted in the name of the State Governor by members of the State Government because of their substantive connection with matters within the autonomous area of competence of the State. The members of the State Government in question are as bound by the instructions of the State Governor as the latter is bound by the instructions of the Federal Government or individual Federal Ministers.

5.  The instructions of the Federal Government or the individual Federal Ministers that are issued pursuant to Section 2 are to be directed to the State Governor also in the cases mentioned in Section 4. The State Governor is obliged, on his own responsibility (Article 142 of the Federal Constitution), if he does not himself conduct the matter at hand of the indirect Federal administration, to pass on the instructions in writing immediately and without any change to the member of the State Government concerned and to monitor their implementation. If the instructions are not followed, even though the State Governor has taken the necessary precautions, the member of the State Government concerned is also liable to the Federal Government according to Article 142 of the Federal Constitution.

6.  Sections 4 and 5 apply mutatis mutandis to the matters of the administration of Federal assets that are transferred to the State Governor.

Article 52 

1.  The term of office of a member of the State Government begins with his swearing-in.

2.  The term of office of a member of the State Government ends with the swearing-in of the newly elected members of the State Government that occurs after the end of the legislative term of the State Parliament.

3.  The office of a member of the State Government ends prematurely by a resignation presented to the President of the State Parliament, by the withdrawal of confidence by the State Parliament (vote of no confidence), by the swearing-in as a member of the National Assembly or the Federal Assembly or as a member of the Federal Government, by the acceptance of election as a President of the State Parliament, from the beginning of the opening of the first sitting of the European Parliament in which he participates as a member, by the taking of an office in a body called upon to represent externally the legal professional associations, by the swearing-in as mayor or other member of a city senate or a communal council, by the loss of eligibility of election to the State Parliament, on the basis of a decision of the Constitutional Court removing him from office and by his death.

4.  In the cases set out in Section 3, the State Parliament has to carry out elections in accordance with Article 49 within three weeks, unless the office of a member of the State Government has ended prematurely after the meeting of the newly elected State Parliament; agreements made pursuant to Article 49(2) remain intact unless it is agreed otherwise. At the same time as a member of the State Government is elected, his substitute is also to be elected (Article 49(5)).

Article 53 

The members of the State Government have the right to participate in the sittings of the State Parliament and its committees and, with a special invitation, in the closed-door sittings of committees of enquiry. They are to be heard at their request when it concerns a government proposal, other matters that are based on a collegial decision of the State Government or matters within their departmental responsibilities.

Article 54 

The members of the State Government are responsible to the State Parliament in accordance with Articles 142 and 143 of the Federal Constitution. Their immunity does not stand in the way of the enforcement of this responsibility before the Constitutional Court by a decision of the State Parliament.

Article 55 

1.  The State Parliament has the right to withdraw its confidence (vote of no confidence) from the State Government or individual members of the State Government.

2.  A vote of no confidence may only be adopted in the presence of at least two-thirds of the members of the State Parliament and by a majority of two-thirds of the votes cast. Such a decision may not be excluded by the rules of procedure from prior examination in a committee.

Article 56 

1.  The State Government adopts its own rules of procedure.

2.  The rules of procedure has to provide for the division of the affairs of the autonomous area of competence of the State, by groups of matters, between the individual members of the State Government; it must be laid down which of these matters are subject to collegial deliberation and decision by the State Government and which of these matters are to be handled independently by the individual members of the State Government (departmental responsibilities).

3.  The rules of procedure are to be communicated to the State Parliament.

Article 57 

1.  The convocation to collegial deliberations of the State Government is to be made by the State Governor. The State Governor presides over the meetings of the State Government.

2.  The State Government has a quorum when the members of the State Government have been properly invited to a sitting and if at least four members are present including the chair.

3.  More than half the votes cast are required for a decision of the State Government to the extent that Sections 3a or 3b do not provide otherwise.

3a.  Orders made pursuant to §§1 and 19 of the Carinthian National Park and Biosphere Park Law and orders made pursuant to §23 of the Carinthian Nature Conservation Law 20027 may be adopted or amended by the State Government only by a majority of two-thirds of the votes cast.

3b.  Decisions of the State Government made pursuant to Carinthian State Holding Company Law may only be taken by a majority of two-thirds of the votes cast, Decisions of the State Government pursuant to Article 64a may only be taken by unanimity

4.  If a collegial deliberation seems indispensable to the responsible member of the State Government with respect to individual matters that are subject to a collegial deliberation (Article 56(2)), he may introduce a vote by circulation. In this event, the same proposal for a decision is to be directed to the members of the State Government one after another. Decisions by circulation may only be taken by unanimity. A decision by circulation comes into effect on the day that the last signature is appended.

5.  Further provisions are to be laid down in the rules of procedure of the State Government (Article 56(1)).

Article 58 

1.  Temporary elected bodies, appointed professional bodies or bodies created by contract conduct the State administration under the leadership of the highest organs of the State and in accordance with the provisions of the law. They are responsible to these highest organs for their official activities and, unless Section 1a of the Federal Constitution or laws pursuant to Article 20(2) of the Federal Constitution provide otherwise, bound by the instructions of their superior organs. The subordinate bodies may refuse to follow instructions where either the instructions were given by a body without jurisdiction or where following them would contravene criminal law.

1a.  Those State and communal servants who, pursuant to State laws or in accordance with the provisions of the Carinthian Law on State and Communal Servants, are assigned to serve autonomous entities, are subject in technical matters only to the instructions of the competent bodies of these entities.

2.  All bodies that are entrusted with tasks of the Federal, State and communal administrations as well the bodies of other public-law corporations are, unless the law provides differently, sworn to secrecy concerning all facts that become known to them exclusively as a result of their official activities where the confidentiality of these facts is necessary for the maintenance of public peace, order and security, the broad defense of the State, foreign relations, the economic interests of a public-law corporation, the preparation of a decision or the overriding interest of the parties concerned (official secrecy).

3.  Official secrecy does not exist for officials employed by a general representative body as against this representative body when it expressly requests such information.

4.  Official secrecy does not exist before the State Court of Accounts when it expressly requests such information (Section 2).

Article 59 

Official authority over State servants is exercised by the State Government unless this law, the Federal Constitution or laws adopted pursuant to Article 20(2) of the Federal Constitution provide otherwise.

Chapter Five  Administrative Justice in the State

Article 59a 

1.  Administrative justice in the State is administered by the State Administrative Court. The Administrative Court consists of the President, the Vice-President and the number of other members required to carry out its tasks. The State Government appoints the member of the State Administrative Court. They are judges and are independent in carrying out their duties.

2.  The State has to provide for the State Administrative Court the necessary number of members and non-judicial servants as well as the material and financial means for the proper fulfillment of its duties.

3.  The organization of the State Administrative Court and the employment regulations of the members of the State Administrative Court are governed by a State law.

Chapter Six  Parliamentary Rights of Participation and Supervision

Article 60 

1.  The bases for the management of the State are the State budget adopted by the State Parliament as well as the consents and authorizations granted by the State Parliament for the conduct of the budget.

2.  The State Government has to present to the State Parliament before the end of the financial year a draft of the State budget for the following financial year. The tasks anticipated to be carried out for the financial participation of the State of Carinthia in support measures that are co-financed by the European Union in accordance with contractually agreed or authorized support programs are to be included in the draft State estimates. The financial participation of the State of Carinthia includes also the pre-financing of the means of the European Union for the agreed and authorized support measures.

3.  If no State budget is adopted by the State Parliament before the end of the financial year, the revenues according to the existing legal provisions are to be collected. The expenditures are to be made in accordance with the budgeted expenditures contained in the State budget for the previous financial year whereby the monthly expenditures may not exceed a twelfth of the budgeted expenditures. The expenditures needed to fulfill commitments are to be made as they fall due. The consents and authorizations granted by the State Parliament for the previous financial year apply until the coming into effect of the State budget for the present financial year.

4.  The State Government may present to the State Parliament in the course of the financial year supplements to the State budget for a decision. The State Government has to present supplements to the State budget to the State Parliament if in the course of the financial year if:

  1. (1)  the need to exceed the whole expenditures set down in the State budget exists because of unscheduled or higher than expected expenditures;

  2. (2)  the State budget is substantially changed because of more or less revenues, or

  3. (3)  a considerable impairment of the budgetary balance is threatened because of fewer revenues that cannot be made up by less expenditures.

Article 61 

1.  The State Government has to present a budget program to the State Parliament at the latest six months after the election of the State Government (Article 49). The budget program has in all cases to contain the following indications for the financial years in the current legislative period:

  1. (1)  the starting situation when the budget program is produced;

  2. (2)  the assumptions concerning the anticipated development of the economic prevailing conditions and the state budget;

  3. (3)  the objectives of budgetary policy;

  4. (4)  the prospective measures and plans for achieving the objectives of budgetary policy;

  5. (5)  the financial repercussions of the prospective extra-budgetary financing plans.

2.  Changes and supplements to the budget program are to be presented to the State Parliament at the latest together with the next report on the budget.

3.  The State Government has to present to the State Parliament at the same time as the draft State budget a report on the situation, the prevailing conditions and the development of the State budget as well as the extra-budgetary financing plans (budget report). The budget report has to give information on the fulfillment of budget program.

4.  The budget report is first to be presented in that financial year that follows the year of the adoption of the budget program.

Article 62 

1.  The State Government has to present to the State Parliament for its approval the final accounts of the State for the previous financial year as soon as possible and, in any case, before the presentation of the draft State budget for the following financial year.

2.  The final accounts of the State are in all cases to be divided into

  1. (1)  the account of assets and debts (the annual state account),

  2. (2)  the profit and loss account (the annual income account),

  3. (3)  the comparative budget account in accordance with the division of the State budget and

  4. (4)  the balancing of accounts.

Article 63 

Further provisions to the rules in Articles 60 to 62 are to be laid down by a State law.

Article 64 

1.  The consent or authorization of the State Parliament is required for guarantees at the charge of the State, leasing financing as well as the alienation or encumbering of State assets.

2.  Credit operations of the State require the consent or authorization of the State Parliament.

Article 64a 

In order to protect the special fund—“Carinthian Future”—of the Carinthian State Holding Company, an amount of 500 million Euros (“core assets”) is to be assessed and maintained free of encumbrances. A mortgaging of the core assets is not permitted. More detailed provisions concerning the assessment of the core assets are to be set down in a State law. The financing or support of projects and measures in accordance with §8(3) of the Carinthian State Holding Company Law may be made exclusively out of the revenues collected from the assessment of the core assets and not, however, from the core assets themselves. The reduction or dissolution of the core assets requires the unanimous consent of the supervisory board of the Carinthian State Holding Company and the authorization granted unanimously by the State Government. The consent or authorization of the State Parliament, which may be decided only by a majority of two-thirds of the votes cast, is required for the grant of the authorization by the State Government.

Article 65 

The statutes of the existing enterprises of the State in the area of insurance and banking require the authorization of the State Parliament.

Article 66 

1.  Agreements of the State with the Federation or other States in accordance with Article 15a of the Federal Constitution, the contents of which entail the adoption or amendment of State laws, require the consent of the State Parliament. The provisions of Article 27(2), first sentence apply mutatis mutandis to agreements, the contents of which entail an amendment or supplement to the text of this State Constitution.

2.  Agreements of the State with the Federation or other States in accordance with Article 15a of the Federal Constitution that do not come within Section 1 are to be notified to the State Parliament.

3.  The principles of international treaty law are to be applied to agreements within the meaning of Sections 1 and 2. This does not apply to agreements with other States to the extent that equivalent provisions in the constitutional laws of the States concerned provide otherwise.

Article 67 

1.  The State Parliament has the right to examine the State Government or individual members with respect to their conduct of affairs and through questions to request all pertinent information.

2.  Every member of the State Parliament has the right, in the sittings of the State Parliament, to direct short oral questions to members of the State Government (question period).

3.  At least four members of the State Parliament who belong to the same parliamentary group have the right to request the holding of a current events period to deal with subjects that significantly affects the interests of the State.

4.  Further provisions on the right to ask questions and the current events period are to be regulated in the rules of procedure.

Article 68 

1.  The State Parliament has the right to express by resolutions its wishes concerning the administration of the State by the State Government or individual members of the State Government.

2.  In particular, the holding of referendums may be requested in the resolutions referred to in Section 1.

Article 69 

1.  In order to investigate certain matters within the sphere of the administration of the State, including the activities of bodies of the State, through which the State, independently of the level of the participation, provides for economic participatory and supervisory rights, a committee of enquiry is to be set up at the written request of a quarter of the members of the State Parliament. Such a request is admissible as long as the taking of evidence by an existing committee of enquiry has not ended.

2.  The written request for the setting-up of a committee of enquiry has to indicate the subject matter of the investigation.

3.  After the request has been considered by the conference of party leaders, the President of the State Parliament has to set up the committee of enquiry immediately. The President, taking into consideration the well-founded reservations expressed by the conference of party leaders, has to reject the request immediately on grounds of inadmissibility if it deals with a subject matter that does not come within the sphere of the administration of the State, if it is not signed by a quarter of the members of the State Parliament or if it is submitted while the taking of evidence by an existing committee of enquiry has not ended. The President has—if the notification cannot take place in a sitting of the State Parliament—to inform immediately the members of the State Parliament in writing of the setting-up of the committee of enquiry or the rejection of a request and of the relevant reasons for the decision.

4.  The parties represented in the State Parliament each have the right, in accordance with the right of proportional representation, to provide members for a committee of enquiry that has been set up. If one of the parties represented in the State Parliament has no claim under the right of proportional representation, it has a right to provide one member for the committee of enquiry if members elected on the basis of a nomination by this party have joined together in a parliamentary group or a community of interests. Each of the parties represented in the State Parliament has, in accordance with the number of committee members to which it is entitled, to submit to the President a list of the members to be provided for the committee of enquiry that must be signed by more than half of the members of the State Parliament belonging to this party; these persons are thus deemed to have been dispatched. The President has to notify the members of the committee of enquiry to the State Parliament in the sitting following their dispatch.

5.  The President, at same time as the committee of enquiry is set up, has to summon the parties represented in the State Parliament that have a right to provide a member pursuant to Section 4 and to which the members of the State Parliament who have made the request pursuant to Section 1 are to be ascribed to appoint by agreement the chair of the committee of enquiry from among the members that they have provided. If such an agreed appointment does not occur, the oldest member in years from among the members of the committee of enquiry provided by the parties pursuant to the first sentence acts as chair.

6.  The authorities, offices and departments of the State are obliged to accede to a request of the committee of enquiry for the taking of evidence within the scope of the subject matter of the enquiry and to produce on demand their documents. If regular courts, administrative courts of the Federation or administrative authorities of the Federation are to be involved, the prior agreement of the responsible Federal Minister is to be obtained.

7.  More detailed provisions on the setting up and procedure of committees of enquiry are to be set down in a State law. This State law may only be adopted or amended by a majority of two-thirds of the votes cast.

Article 70 

1.  A State Court of Accounts is to be set up to review the management of the State as well as other legal persons as determined by law. Other tasks besides those which are listed below may only be transferred to the Court of Accounts by a State constitutional law.

2.  The Court of Accounts is responsible for reviewing the management of:

  1. (1)  the State;

  2. (2)  funds, foundations, institutions and other establishments that are administered by State bodies or by persons (individual or body) who have been appointed for this purpose by State bodies, in particular the review of the management of the State Hospitals Operations Company, the State hospitals, the Carinthian Trade Promotion Fund,8 the National Park Fund, the Biosphere Park Fund, the Family Fund, the Animal Epidemic Fund for the Federal State of Carinthia, the Carinthian Regional Fund, the Carinthian Water Management Fund, the Carinthian Health Fund, the Carinthian School Building Fund, the Housing and Settlement Fund for the State of Carinthia, the Carinthian Ethnic Kindergarten Fund, the Carinthian Administrative Academy, the Carinthian State Archives, the State Museum for Carinthia and the Carinthian State Holding Company;

  3. (3)  undertakings in which the State or a legal entity that is subject to management review by the Court of Accounts, holds, alone or jointly, at least 25 percent of the original, share or equity capital or which the State or such a legal entity operates on its own or jointly;

  4. (4)  undertakings and other establishments in as far as State assets are administered by them in trust or the State has assumed a liability for them; and

  5. (5)  public corporations, funds, foundations and institutions with State resources;

  6. (6)  undertakings in which communes with less than 10,000 inhabitants hold, alone or jointly, a share of at least 50 percent of the original, share or equity capital.

3.  The control of undertakings through other financial or other economic or organizational measures is to be considered equal to a participation of the State in undertakings under Section 2, indent 3. The jurisdiction of the State Court of Accounts to review management extends also to undertakings of every further level in which the conditions mentioned are present.

4.  In addition, the State Court of Accounts is responsible for:

  1. (1)  the review of the proper use as well as the effectiveness of the financial incentives and subsidies granted from State resources;

  2. (2)  the review for their mathematical accuracy and their comprehensibility of the calculations of target costs and consequential charges before the implementation of the intended large projects of the State as well as of other legal persons determined by law;

  3. (3)  the review of the implementation of large projects by the State as well as by other legal persons determined by law for the purpose of ascertaining whether in individual or several implementation stages the costs actually incurred exceed the calculation of target costs;

  4. (4)  the making of a report on the final accounts;

  5. (5)  the giving of an opinion, at the request of a committee of enquiry of the State Parliament, on a single matter that comes within the object of the enquiry from the standpoint of the criteria of mathematical accuracy and compliance with the legal provisions in force as well as the economy, efficiency and appropriateness of the management.

5.  If differences of opinion arise between the State Court of Accounts and a legal entity over the interpretation of the legal provisions that govern the jurisdiction of the State Court of Accounts, the Constitutional Court decides on an application from the State Government or the State Court of Accounts. Such differences of opinion are to be reported to the State Parliament whether or not the matter is brought before the Constitutional Court.

Article 70a 

1.  Members of the State Parliament-provided they are not members of the State Government-mayors and members of the city senate of a city with its own statute as well as mayors of communes with more than 10,000 inhabitants are obliged to disclose to the Director of the State Court of Accounts their financial circumstances every second year as well as within three months of taking office and leaving office.

2.  The following must be disclosed:

  1. (1)  properties with an exact description of the number of investments and the cadastral commune;

  2. (2)  a sum of capital assets according to §69(1), indent 1 of the Tax Valuation Law 1995,9 BGB1 Nr. 148 in the version of Federal Law BGB1 Nr. 22/2012;

  3. (3)  undertakings and shares in undertakings with indication of the firm;

  4. (4)  a sum of liabilities.

3.  The Director of the State Court of Accounts has to inform the President of the State Parliament in the event of an unusual increase in assets; the latter may at any time request a report from the Director of the State Court of Accounts.

Article 71 

1.  The State Court of Accounts is directly subordinate to the State Parliament, acts as its body and is only responsible to it. The State Court of Accounts carries out its tasks independently of the State Government.

2.  The State Court of Accounts comprises the Director and the necessary servants (members of the State Court of Accounts). The servants of the State Court of Accounts are State servants; the civil service regulations of the State apply to them. The State Court of Accounts is considered to be an agency of the State. The role of the State as employer is exercised, with respect to the servants of the State Court of Accounts, by the Director of the State Court of Accounts as long as the competences of the examination, discipline or performance evaluation commissions and the issue of regulation are not concerned. The Director of the State Court of Accounts is the administrative superior of all the servants of the State Court of Accounts. Transfers, service allocations and changes in the use of State servants of the State Court of Accounts require a proposal from the Director of the State Court of Accounts.

3.  The Director of the State Court of Accounts is appointed by the State Parliament in the presence of at least half its members by a two-thirds majority of the votes cast. If no appointment of a Director occurs after two ballots, the Director is appointed by the State Parliament as from the third ballot in the presence of at least half of its members and by a simple majority of votes. The Director of the State Court of Accounts may be dismissed from his office by the State Parliament in the presence of half its members and by a two-thirds majority of the votes cast.

4.  In carrying out his duties as an organ of the State Parliament, the Director of the State Court of Accounts is responsible exclusively to the former. The Director of the State Court of Accounts is in the same position as the members of the State Government with respect to his legal liability. In the event that a person represents the Director of the State Court of Accounts, the second sentence applies to the representative.

5.  The management reviews by the State Court of Accounts must cover, apart from the reviews under Article 70(4), the criteria of mathematical accuracy and compliance with the existing legal provisions as well as the thrift, economic efficiency and appropriateness of the management. The reviews may also be carried out using only one or several of the criteria mentioned.

6.  The State Parliament is to set up its own committee (audit committee) to consider the reports of the State Court of Accounts as well as reports of the State Government pursuant to Article 71(11) and Article 72(2). Deputies of a party that is represented in the State Parliament who form a parliamentary group in accordance with Article 29 or a community of interests in accordance with the provisions of the rules of procedure of the Carinthian State Parliament and who are not entitled, on the basis of the system of proportional representation to a member in the audit committee, have the right to appoint an additional member in an advisory capacity to the audit committee. If the largest party represented in the State Parliament that is not represented in the State Government has no right to a representative in the audit committee on the basis of Article 17, the representative of this party who is appointed pursuant to the previous sentence also has a vote in the audit committee. The members of the audit committee kept their mandates until a newly elected State Parliament has elected the audit committee.

7.  The State Court of Accounts has to carry out reviews on its own initiative or on the basis of a request from:

  1. (1)  the State Parliament;

  2. (2)  the audit committee of the State Parliament or from individual members the committee;

  3. (3)  the State Government or individual members of the State Government with respect to management documents that come within their area of responsibility.

8.  The request of an individual member of the audit committee may only be made in writing at the meeting of the committee and only twice yearly. Such a request, like a request of the audit committee, is to be forwarded by the chair of this committee to the State Court of Accounts. A request from the State Government or from individual members of the State Government is to be forwarded to the President of the State Parliament, who shall send it to the State Court of Accounts and at the same time inform the chair of the audit committee.

9.  The State Court of Accounts has to inform the audit committee of the State Parliament regularly about its review activity. The State Court of Accounts has to report any unusual observations immediately to the audit committee. The State Parliament is to deal with the reports sent to the audit committee by the Court of Accounts and the State Court of Accounts. The reports of the State Court of Accounts are also to be published and communicated to the State Government and the reviewed undertaking or other establishment (Article 70(2) to (4)); in the event that Article 70(2), indent 6 applies, they must be sent to the mayor of the commune in question.

10.  In its reviews and the publication of reports, the State Court of Accounts has to take appropriate measures to protect justified interests in confidentiality, in particular with respect to data protection and business and trade secrets.

11.  If a report of the State Court of Accounts contains complaints or proposals for overcoming deficiencies, the State Government has to inform the State Parliament within a year after the report has been considered in the State Parliament of the measures taken on the basis of the report. In this report the State Government must also, if needs be, give reasons why the complaints or proposals for overcoming deficiencies have not been complied with totally or partially or have been dealt with differently.

12.  Further provisions on the duties and set-up of the State Court of Accounts are to be laid down by a State law.

Article 72 

1.  Pursuant to Article 127(7) of the Federal Constitution, the Court of Accounts has, on a decision of the State Parliament on a request from a fifth of the members of the State Parliament, to carry out a review of certain acts of management coming within its area of competence. As long as the Court of Accounts has not made a report to the State Parliament on the basis of such a request, no further similar request may be made.

2.  If a report of the Court of Accounts contains complaints or proposals for overcoming deficiencies, the State Government has to inform the State Parliament within a year after the report has been considered in the State Parliament of the measures taken on the basis of the report. In this report the State Government must also, if needs be, give reasons why the complaints or proposals for overcoming deficiencies have not been complied with totally or partially or have been dealt with differently.

Article 72a 

1.  Pursuant to Article 148i(1) of the Federal Constitution, the Ombudsmen’s Office is declared competent also for sphere of the administration of the State of Carinthia.

2.  The Ombudsmen’s Office has to report annually to the Carinthian State Parliament on its activity concerning the sphere of the administration of the State of Carinthia.

Article 72b 

A reference in this State Constitution to one of the following State laws is to be understood as a reference to the following version:

  1. (1)  Biosphere-Nockeberge Law—K-BPNG, LGBl. Nr. 124/2012 in the version of the law LGBl. Nr. 74/2013;

  2. (2)  Carinthian Law on Civil Service Regulations 1994-K-DRG 1994, LGBl. Nr. 71 in the version of the law LGBl Nr. 30/2015;

  3. (3)  Carinthian State Holding Company Law—K-LHG, LGBl. Nr. 37/1991 in the version of the law LGBl. Nr. 10/2014;

  4. (4)  Law on the Operation of State Hospitals—K-LKABG, LGBl. Nr. 44/1993 in the version of the promulgation LGBl. Nr. 85/2013;

  5. (5)  Carinthian Natural Park and Biosphere Park Law—K-NBG, LGBl. Nr. 55/1984 in the version of the law LGBl. Nr. 85/2013;

  6. (6)  Carinthian Nature Conservation Law-K-NSG 2002, LGBl. Nr. 54/1986 in the version LGBl. Nr. 63/2005;

Chapter Seven  Final Provisions

Article 73 

1.  The Carinthian State Constitution enters into effect-in so far as Section 2 does not provide otherwise-on January 1, 1997.

2.  Article 22(2) to (4), Article 36, Article 46(5), Article 48, second sentence and from Article 35(1) the phrase “if the case set out in Article 46(5) does not apply” enter into effect on April 8, 1999.

2a.  Article 58(1), (1a) and (1b) as well as Article 72b(18) and (19) in the version of the State Constitution in LGBl. Nr. 17/2003 enter into effect on July 1, 2003. At the same time, the expression “constitutional provision”10 in §6a(3) of the Hospitals Fund Law-K-KAFG, LGBl. Nr. 18/1997 in the version of the law in LGBl. Nr. 15/2000 is repealed.

2b.  Article 58(1a) in the version of the State Constitution in LGBl. Nr. 56/2003 enters into effect on January 1, 2004.

2c.  (Deleted).

2d.  Article 27(2a) and Article 57(3a) in the version of the State Constitution LGBl. Nr. 25/2007 enter into effect on the third first day of the month following the promulgation.

2e.  Article 7, Article 70a(2) indent 2 and Article 72b in the version of the State Constitution LGBl. Nr. 1/2008 enter into effect on the first day of the month following the promulgation in the State Legal Gazette.

2f.  Article 27(3a), Article 57(3) and (3b), Article 64a and Article 72b(22) and (23) enter into effect in the version of the State Constitution LGBl. Nr. 6/2008 on the day following the promulgation.

2g.  Article 27(3) and Article 72b indent 5 in the version of the State Constitution LGBl. Nr. 78/2012 enter into effect on September 1, 2012.

2h.  Article 35(3), (3a), (3b), (3c) and 3(d) as well as Article 37a (3) in the version of the State Constitution LGBl. Nr. 39/2013 enter into effect on January 1, 2014.

2i.  Article 38(1), Article 51(1), Article 68(1) Article 54, the Fifth Chapter with Article 59a, the designation as Sixth and Seventh Chapter and Article 69 in the version of the State Constitution LGBl. Nr. 55/2013 enter into effect on January 1, 2014.

3.  Until the point in time set out in Section 2 and in derogation from Article 29, the members of the State Parliament on the basis of a nomination by the same party have the right to form a political group.

4.  Statutory regulations pursuant to Article 31(3) may be issued as from the promulgation of the Carinthian State Constitution; they enter into effect, however, on January 1, 1997 at the earliest.

5.  The administration of State assets by the Hospitals Operations Company in accordance with the Law on the Operation of Hospitals, LGBl. Nr. 44/1993 is considered to be administration within the meaning of Article 41(2).

6.  Article 41(3) does not apply to shareholdings already existing on January 1, 1997 in undertakings, the management of which is not subject to review by the State Court of Accounts.

7.  In derogation from the Article 61(1), first sentence, the budget program for the financial years falling within the current legislative session is to be submitted to the State Parliament at the latest by June 30, 1997.

8.  Article 58(1a) and (1b) as well as Article 72b in the version of the State Constitution LGBl. Nr. 96/2010 enter into effect on the day following the promulgation in the State Legal Gazette.

9.  The establishment of the number of the members of committees of enquiry for the 31st legislative session of the State Parliament is to be placed on the agenda of the first sitting of the State Parliament after the entry into force of the State Constitution LGBl. Nr. 17/2016. If a committee of enquiry is set up on the day of the entry into force of the State Constitution LGBl. Nr. 17/2016, the current state of the law existing up to this day is to be applied to it. As long as such a committee of enquiry has not submitted its report to the State Parliament, a request pursuant to Article 69(1) cannot be made.

Article 74 

With the entry into force of the Carinthian State Constitution in accordance with Article 73(1), the State Constitution of the State of Carinthia, LGBl. Nr. 190/1974 in the version of the State Constitution in LGBl. Nr. 38/1975 and 48/1979 is repealed.

Footnotes:

This is the Nationalrat, which is the Lower House of the Austrian Parliament.

This is the Bundesrat, which is the Upper House of the Austrian Parliament.

Unvereinbarkeits- und Transparenz-Gesetz.

Dienstrechtsgesetz.

National- und Biosphärenparkgesetz.

Landeskrankenanstalten-Betriebsgesetz.

Naturschutzgesetz.

Wirtschaftsförderungsfonds.

Bewertungsgesetz.

10  Verfassungsbestimmung.