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 at here (DE)).
Non-legislative: The Parliament is responsible inter alia for electing the members of the State Government, controlling the State Government and approving state agreements. For further information, see Articles 61-71 of the Tyrolean Constitution (link above).
List of committees/sub-committees or working groups in the regional parliament
The State Parliament includes Standing Committees inter alia on:
- Legal, Municipal and Space Planning Affairs;
- Federalism and European Integration;
- Financial Control;
- Finance;
- Labor, Social Affairs and Health;
- Society, Education, Culture and Sport;
- Economy, Tourism and Technology;
- Agriculture, Forestry, Traffic and Environment.
For further information, see
here (DE).
Committees in charge of scrutinising subsidiarity
The Committee on Federalism and European Integration.
Staff in charge of subsidiarity scrutiny
There is no staff specifically in charge of subsidiarity scrutiny in the Parliament. Subsidiarity checks are conducted in collaboration with both the legal department and the European department of the administration of the State Government.
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.
To realise this subsidiarity check in its designated area, the Tyrol State Parliament collaborates with the administration of the State Government. Paragraph 3 of the State Constitutional Law on the cooperation of the Tyrolean State in European integration affairs explicitly states that the State Government shall transfer all EU draft legislation that concerns the legislative competences of the State Parliament and that have been transmitted by the Federation to the Länder. Moreover, the State Government shall inform the State Parliament of the deadline established by the Federation for Länder to communicate their opinion. The European department of the administration of the State Government also informs the State Parliament's directorate as soon as possible of EU draft legislation that may be relevant with regard to subsidiarity. In particular, it informs the State Parliament of initiatives taken by other Austrian state parliaments with regard to subsidiarity issues.
For further information, see
here (DE).
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
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 State Parliament participates in CALRE (Conference of European Regional Legislative Assemblies).
Additionally, it cooperates in the framework of the so-called “Three Provinces' Parliament†(“Dreier-Landtagâ€) with the Autonomous Province of South Tyrol and the Autonomous Province of Trento. It has notably promoted the organisation of a joint meeting of the three legislative assemblies: every two years, the Tyrol State Parliament, the South Tyrol Autonomous Province Legislative Assembly and the Trento Autonomous Province Legislative Assembly hold a meeting during which they discuss matters of common interest. On 30 March 2011, they decided to promote forms of cooperation between the European Affairs Committees of the three institutions.
The President of the State Parliament leads the Austrian delegation at the Committee of the Regions and acts as its Vice-President
