The Lower Austria State Parliament (Niederösterreichischer Landtag) was established in 1861.
Competences (legislative and non-legislative), legal bases and policy areas where the regional parliament is active
Legislative: he Austrian Constitution (Bundes-Verfassungsgesetz, B-VG, available here (DE) or
here (EN - not including amendments adopted after 1 March 2010)) does not identify the specific legislative competences of the Länder. Instead, it states in general terms that '[i]n so far as a matter is not expressly assigned by the Federal Constitution to the Federation for legislation or also execution, it remains within the Länder's autonomous sphere of competence' (Article 15, § 1 B-VG). The legislative competences of the Länder include inter alia youth protection, organisation of municipalities, organisation of state authorities, nursery schools, environmental protection, land use planning, removal of waste and wastewater, roads (except for federal roads), transfer of agricultural and forestry land, social assistance and care for disabled persons, promotion of culture, promotion of agriculture and hospitals.
Additionally, Article 12 B-VG enumerates areas for which the basic legislation is adopted by the Federation, while the implementing legislation is adopted by the Länder. These include inter alia social welfare, public bodies responsible for extra-judicial dispute-settlement, electricity, labor legislation, and protection of workers and employees in so far as they are engaged in agriculture and forestry.
Moreover, a specific distribution of competences applies in relation to taxation (Article 13 B-VG), schools, education and public education (Article 14a), and public procurement (Article 14b).
Furthermore, the Parliament is responsible for adopting the state budget (Articles 29 bis - 31 of the State Constitution). An overview of the law of the Länder may be found in the index of state law, established by the liaison body of the Länder (available here (DE)).
Non-legislative: The non-legislative competences are enumerated in the State Constitution (available here (DE)) and in the rules of procedure of the State Parliament (available here (DE)). They include inter alia:
- the election of Members of the State Government (Article 35 of the State Constitution);
- the control of the State Government (Article 39 of the State Constitution);
- the election of the Director of the State Court of Audit (Article 51, para. 5 of the State Constitution).
List of committees/sub-committees or working groups in the regional parliament
The Parliament includes the following Standing Committees:
- Committee on Construction;
- Committee on European Affairs;
- Committee on Health;
- Committee on Municipal Affairs;
- Committee on Culture;
- Committee on Agriculture;
- Committee on the Court of Audit;
- Committee on Legal and Constitutional Affairs;
- Committee on Schools;
- Committee on Social Affairs;
- Committee on Environment;
- Committee on Traffic;
- Committee on Economic and Financial Affairs.
For further information, see here (DE).
Committees in charge of scrutinising subsidiarity
The Committee on European Affairs.
Staff in charge of subsidiarity scrutiny
Responsibility for subsidiarity scrutiny rests with the cabinet of the Director of the State Parliament.
Subsidiarity check
Nature (selective/systematic): Selective.
Procedure: Austrian state parliaments have agreed on a coordinated procedure for the subsidiarity check. The nine Länder have divided the responsibility for the subsidiarity check according to the subject-matter of the EU draft legislation. Each Land examines EU draft legislation in one specific area with regard to subsidiarity.
The Federal Council (Bundesrat) conducts a pre-examination of EU draft legislation and sends lists of selected proposals to the state parliaments. These lists are updated approximately every month and indicate the deadlines for submitting reasoned opinions applicable to each piece of EU draft legislation.
The Director of the State Parliament transfers the lists to the members of the Committee on European Affairs of the State Government and to the political parties represented in the State Parliament, which generally decide on the basis of the lists whether to conduct a subsidiarity check or not. The reasoned opinions adopted so far by the State Parliament were all initiated by political parties. In certain cases, the Director of the State Parliament requested a technical advice to the Committee on European Affairs of the State Government on specific EU draft legislation.
Cooperation/coordination at the regional level
See the answer to the previous point.
Cooperation/coordination at the central level
EU draft legislation is transferred by the European Commission to the National Council (Nationalrat) and the Federal Council (Bundesrat). Both chambers have the right to submit an objection on the grounds of an infringement of the subsidiarity principle up to eight weeks after the reception of the draft legislation. The National Council and the Federal Council both have one vote and decide on issuing an objection by simple majority. The Federal Council shall immediately inform the state parliaments of its intentions and give them the opportunity to take a position. It is not bound by their decision. However, Article 23g, para. 3 of the Austrian Constitution (see link above) - which provides the legal basis for this cooperation - invites the Federal Council to consider the opinions issued by state parliaments.
The Federation also transmits all EU draft legislation to the state governments pursuant to the agreement between the Federation and the Länder on the right to collaboration of Länder and municipalities in European integration affairs. The state governments in turn transfer the relevant EU draft legislation to their state parliaments.
There is a platform for exchange of information, namely the 'Föderalismuskonferenz', which is composed of the President of the Federal Council and the presidents of the state parliaments.
Cooperation/coordination at the cross-regional level
ubsidiarity issues are regularly discussed during the meetings of presidents of state parliaments and directors of these parliaments. Moreover, representatives of the administration of the nine Austrian state parliaments are part of a network that also includes the legal officers of all 16 state parliaments in Germany. The purpose of the network is to exchange information and experiences, notably on subsidiarity issues.
Cooperation/coordination at the EU level
The State Parliament has regular contacts with the Members of the European Parliament, the European Commission and the European Council. Moreover, the State Parliament participates in CALRE (Conference of European Regional Legislative Assemblies).
