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 at 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 controlling the State Government. It may ask the State Government oral or written questions. It may also bring a claim against a member of the Government at the State Constitutional Court under specific circumstances. Legal bases: Article 142 (2) of the Austrian Constitution (see links above); § 117-118, § 129c - 129g of the Constitution of the City of Vienna (see link above) and § 31 - § 39b of the rules of procedure of the State Parliament (available at
here (DE)).
List of committees/sub-committees or working groups in the regional parliament
Pursuant to § 113, para. 1 of the Constitution of the City of Vienna, the Committees established by the Municipal Council are also the Committees of the State Parliament. Currently, the main Standing Committees concern:
- Integration, Women, Consumer Protection and Personal;
- Finances, Economy and City Works;
- European and International Affairs;
- Culture and Science;
- Health and Social Affairs;
- Development of the City, Traffic, Protection of Climate, Energy Planning and Participation of Citizens;
- Environment;
- Housing, Construction and Urban Renewal.
For further information, see
here (DE).
Committees in charge of scrutinising subsidiarity
The Committee on European and International Affairs.
Staff in charge of subsidiarity scrutiny
There is no separate staff specifically in charge of subsidiarity scrutiny.
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.
Since 2011, the Committee on European and International Affairs has been empowered to issue opinions on subsidiarity breaches on behalf of the Parliament at the Federal Council (Bundesrat) and its Committee on European Affairs. At the beginning of each year, the working schedule of the European Commission for future draft legislation is reviewed with a view to selecting proposals to be subjected to a subsidiarity check. The principal criterion for the selection consists in the relevance of the draft legislation for Vienna. The selection is conducted by the Municipal Department 27 (Magistratsabteilung 27) - European Affairs, together with the Committee on European and International Affairs. Immediately after the communication of the relevant draft legislation by the European Commission, the subsidiarity check is conducted (using the subsidiarity form of the Committee of the Regions) by the competent department in the subject matter of the European draft legislation. The coordination of the monitoring is organised by the Municipal Department 27. The draft opinion is submitted to the Committee on European and International Affairs for approval.
The whole procedure - from the publication of the EU draft legislation until the approval of the Committee on European and International Affairs - takes four to six weeks. Legal bases: Constitution of the City of Vienna (see link above), rules of procedure of the State Parliament (see link above) and the rules of procedure of the Committees, Sub-Committees and Commissions of the Municipal Council of the City of Vienna (available at here (DE)).
Cooperation/coordination at the regional level
See the answer to the previous question.
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).