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 Parliament is responsible inter alia for electing the members of the State Government and controlling the State Government. For further information, see the Constitution of Upper Austria (link above).
List of committees/sub-committees or working groups in the regional parliament
The State Parliament includes 16 Standing Committees, respectively responsible for:
- Constitutional Affairs, Administration, Immunity and Incompatibility;
- Financial Affairs;
- Internal Affairs;
- Economy;
- Construction;
- Traffic;
- Environment;
- Social Affairs;
- Housing, Nature and Landscape Protection;
- Education, Youth and Sport;
- Culture;
- Rules of Procedure;
- Women;
- Control;
- European Affairs;
- Petitions and Removal of Obsolete Sections and Words of Legislation.
For further information, see
here (DE).
Committees in charge of scrutinising subsidiarity
N/A
Staff in charge of subsidiarity scrutiny
N/A
Subsidiarity check
Nature (selective/systematic):N/A
Procedure: N/A.
Cooperation/coordination at the regional level
N/A
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).