The State Parliament of Steiermark (Landtag Steiermark) was established on 10 November 1920.
Competences (legislative and non-legislative), legal bases and policy areas where the regional parliament is active
Legislative: The 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. 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 State Parliament is responsible inter alia for electing the members of the State Government, controlling the State Government and electing the leader of the State Court of Audit. For further information, see the Constitution of Steiermark (link above).
List of committees/sub-committees or working groups in the regional parliament
The Parliament includes inter alia the following Standing Committees:
- Committee for Education, School, Childcare and Sport;
- Committee for General Interest (Waste, Sewage, Energy, Security, Telecommunications);
- Committee for EU Affairs and Development Cooperation ;
- Committee for Finances and Participations;
- Committee for Municipalities, Residential, Construction and Space Planning;
- Committee for Health and Care;
- Committee for Agricultural Policies (Rural and Forest Economies)
- Committee for Social, Labor, Consumer, Seniors, Youth, Women, Family and Integration;
- Committee for Environment and Traffic;
- Committee for Constitutional Affairs, Law of Services, Agreements and State Contracts, Incompatibility and Immunity;
- Committee for Economy and Tourism;
- Committee for Science, Research and Culture;
- Committee for Emergency Situations.
For further information, see
here (DE)
Committees in charge of scrutinising subsidiarity
Committee for EU Affairs and Development Cooperation.
Staff in charge of subsidiarity scrutiny
The legal service of the State Parliament is in charge of subsidiarity scrutiny (see § 3, para. 1 of the rules of procedure of the Parliament, available
here (DE).
Subsidiarity check
Nature (selective/systematic): N/A.
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 members of the Committee for EU Affairs and Development Cooperation are regularly informed by the Federal Parliament on EU draft legislation. Moreover, the Federal Parliament indicates the deadlines to submit reasoned opinions and identifies those drafts that have been pre-examined with regard to subsidiarity. The Committee has an autonomous right to issue opinions, according to Article 23 (3) of the Constitution of Steiermark (see link above) and § 32c of the rules of procedure (see link above).
Cooperation/coordination at the regional level
Every three months, the State Government issues a report on the development of European affairs according to Article 41 para. 9 of the Constitution of Steiermark.
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
Subsidiarity 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 Parliament has regular contacts with the EU Parliament. The Members of the EU Parliament have the right to speak at plenary assemblies of the State Parliament on the trimestral reports issued by the State Government pursuant to Article 41, para. 9 of the Constitution of Steiermark (§ 14, para. 8 of the rules of procedure (see link above)). Moreover, the State Parliament participates in CALRE (Conference of European Regional Legislative Assemblies)..