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 at
here (EN - not including amendments adopted after 1 March 2010)) does not identify the specific legislative competences of the regions. 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. For further information, see the Constitution of Vorarlberg (see link above).
List of committees/sub-committees or working groups in the regional parliament
The Parliament includes 13 Permanent Committees, respectively in charge of:
- Energy policy;
- European Affairs;
- Finance;
- Integrations;
- Control;
- Culture and Education;
- Agriculture;
- Legal Affairs;
- Social policy;
- Sports;
- Environment;
- Internal economy;
- National Advocacy.
For further information, see
here (DE).
Committees in charge of scrutinising subsidiarity
The Committee for European 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.
The Committee for European Affairs discusses EU draft legislation and examines its compatibility with the principle of subsidiarity. The examination of subsidiarity is conducted on the basis of the legislative work program of the European Commission, which is analysed on a yearly basis by the Committee for European Affairs with regard to its relevance from a subsidiarity perspective. Each file that is identified as relevant is subsequently subject to an analysis.
The State Parliament works in close cooperation with the State Government to prepare the subsidiarity analysis. The Department for European Affairs of the administration of the State Government prepares the files in cooperation with the Director of the State Parliament and the relevant departments of the administration of the State Government. The Department for European Affairs examines the document, involves the other departments concerned, and establishes an opinion together with these departments and with the Director of the State Parliament. The opinion is established according to the analysis scheme provided by the Subsidiarity Monitoring Network of the Committee of the Regions and is subsequently transmitted to the Committee of European Affairs.
The opinions of the Committee of European Affairs on subsidiarity issues are transferred by the Vorarlberg State Parliament to the Federal Council (Bundesrat).
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. The Vorarlberg State Parliament informs other state parliaments within Austria and the Bavarian State Parliament on subsidiarity controls conducted by its Committee for European Affairs. 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 contacts with the Committee of the Regions and
participates in CALRE (Conference of European Regional Legislative Assemblies).