!!!Bundesländer

Bundeslaender (variously referred to as "Laender", (federal) provinces 
or (federal) states): The historical development of Austria is 
characterised by the formation of various territories (marches, 
duchies, counties) and their unification under a Prince. Each of these 
"provinces" developed its own bodies of laws, and from the Middle Ages 
they had differently composed Estates advised and assisted the Prince 
and represented the population. From the 17%%sup th/%  century during 
the period of absolutism they lost influence but showed their loyalty 
to the state by consenting to the  Pragmatic Sanction. After 1848 the 
constitution was adjusted at various times to reflect the new 
situation (October diploma of 1860, February Patent of 1861); Landtage 
were set up, the provinces obtained restricted legislative power and 
an autonomous administration. At the same time a princely 
administration was established (governorships, groups of provinces 
with governors, crown lands). These different coexistent 
administrative systems led to several conflicts during the monarchy, 
especially since from 1873 the Landtage were no longer entitled to 
send delegates to the Reichsrat. On October 30, 1918, the Provisional 
National Assembly proclaimed Austria an independent state. The 
provinces set up organisations similar to states and claimed the right 
to have their own legislatures. They solemnly declared their 
membership of the newly established republic, which was accepted by 
the Provisional National Assembly on November 12, 1918 and enshrined 
in the law of November 14, 1918. At the provincial conferences in Linz 
and Salzburg the  Federal Constitution of 1920, which took into 
consideration the federalist and autonomous nature of the provinces 
and established the Republic as a  Federal State, was worked out. The 
authoritarian constitution of 1934 jeopardised the federal nature of 
the Austrian state. The term "Republic" was removed from the official 
name of the state, which became merely the Federal State of Austria. 
After the anschluss the Austrian provinces were subdivided into gaus 
of the German Reich which were directly subordinate to the central 
offices of Berlin (1939/40-1945). After the re-establishment of the 
Republic in 1945, the provinces were endowed with their old powers.

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Article 2 of the Federal Constitutional Law stipulates: "Austria 
is a Federal State. The Federal State shall consist of the following 
Provinces: Burgenland, Carinthia, Lower Austria, Upper Austria, 
Salzburg, Styria, Tirol, Vorarlberg and Vienna." The principle of the 
Federal State is established by the provinces' powers concerning 
legislation (enacted by the  Landtage) and administration (with the  
Provincial Government, as the highest organ); furthermore, the 
provinces have an influence on federal legislation since they send 
members to the  Bundesrat. The number of members of the provincial 
governments and of the Bundesrat is proportional to the size of the 
respective province. All Austrians possess Austrian  Citizenship, and 
are at the same time citizens of the province in which they have their 
permanent residence.

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The provinces are entitled to enact  Constitutions, Provincial, 
although these must not conflict with the provisions of the Federal 
Constitution; the  Constitutional Court may declare null and void any 
provisions of the provincial constitutions that are in conflict with 
Federal Constitutional Law. While the Federal Constitution vests the 
judicial power exclusively in the federal government, it assigns the 
legislative and administrative powers to the federal government and 
the provinces. Disputes over the distribution of powers are decided by 
the Constitutional Court.

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Legislative and executive powers not explicitly delegated to the 
Federal Government by the Federal Constitution are within the 
competence of the provinces ( autonomous field of action). Since the 
Federal Constitution, however, delegates the most important 
legislative and executive powers to the federal government, there are 
not many powers left within the autonomous field of action of the 
provinces, these are restricted mainly to local security police, 
municipal issues, building, fire police, provincial cultural affairs 
(theatre, cinema), hunting and fishing rights, field and nature 
preservation, animal protection, sports and tourism, service 
regulations of provincial and municipal civil servants. The provinces 
may sign state treaties with countries bordering on Austria or their 
constituent states if the respective issue is within their autonomous 
field of action. Moreover, the Federal Constitution assigns several 
issues to the federal government in so far as basic legislation is 
concerned, while leaving the implementing legislation and execution to 
the provinces (e.g. public assistance, youth welfare, sanatoriums and 
nursing homes, electricity, industrial legislation and protection of 
workers in agriculture and forestry); other issues are subject to 
federal legislation but the execution of the respective federal laws 
is entrusted to the provinces (e.g. citizenship, traffic police, 
professional interest groups except for those subject to federal 
action). The Federal Constitution authorises the federal legislature 
to determine the distribution of taxing powers and of the tax revenues 
between the federal government and the provinces.

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This distribution of powers between the federal government and the 
provinces leaves the position of the provinces as entities under 
private law untouched; like all citizens they may participate in legal 
transactions (e.g. by participation in enterprises or the allocation 
of subsidies). The federal government and the provinces, as well as 
the provinces amongst themselves may conclude agreements about issues 
within their respective field of action.

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The unicameral Landtage are the legislative bodies of the provinces. 
The provincial governments are the highest administrative organs of 
the provinces; their members, as well as their chairman, the  
Landeshauptmann, are elected by and responsible to the Landtag. The 
Landeshauptmann is head of the province and its representative.

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Vienna has a special status since, under the Federal Constitution, it 
is primarily a municipality but at the same time also a province. 
Thus, the governmental bodies of the city of Vienna have a double 
function: the Municipal Council is also Landtag, the Senate is also 
the provincial government, and the mayor is the Landeshauptmann.  
Public Authorities, Structure of,  Population.

!Literature
F. Koja, Das Verfassungsrecht der 
oesterreichischen Bundeslaender, 1967.


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