Austria MLG


Representation: The Länder have direct representation in the institutions at federal level through the Bundesrat. The Gemeindebund (Austrian Association of Municipalities) represents the municipalities , and the Städtebund (Austrian Association of Cities and Towns) represents the Austrian cities (Article 115(3) Austrian Federal Constitution).

 

Information: The Länder, the Gemeindebund and the Städtebund are to be informed of government proposals. The Länder have also to inform the Gemeindebund and the Städtebund of their legislative proposals. Regarding EU issues, Article 23d of the Constitution specifies that the Länder are to be informed without delay on EU matters which directly affect their autonomous competences. The article also states that the same applies to the municipalities and the cities.

​In such circumstance, the Gemeindebund and the Städtebund are to be informed as the representatives of the municipalities and the cities.

 

Consultation: The government sends out any draft laws which can be scrutinised by the Gemeindebund and the Städtebund for a period of four weeks. They are then invited to submit their views on the legislative proposal. Yet both institutions will only activate the mechanism for consultation if certain points are met (for example financial implications). In that case the association will enter into negotiations with the government. Regarding the EU, Article 23d of the Constitution also lays down a procedure for the consultation. According to this, the municipalities are not only informed but also given the opportunity to present their views.[1]

 

Coordination:  The Länder have a direct influence on the legislation through the Bundesrat. Additionally, there are negotiations between the government and the Gemeindebund and the Städtebund on draft legislation. Furthermore, the Permanent Representation of Austria to the European Union has a Department for the Länder, the Städtebund and the Gemeindebund which is staffed with a civil servant from the Länder and deals with files that fall within the competence of the Länder.



[1] Council of European Municipalities and Regions, Study on 'Consultation procedures within European States', 2007.



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