!!!Gemeinde

Gemeinde (municipality)is the smallest self-governing political unit 
in Austria. Its duties are divided into two spheres of activities, 
autonomous activities and transferred activities. The first group 
("matters of self-government") is again divided into voluntary tasks 
and those prescribed by law (e.g. administration of the municipal 
property, collection of local taxes, founding and operating of 
business or industrial enterprises, aid and ambulance services, 
undertakers enterprises, maintenance of roads, streets, squares and 
bridges, establishing and running of schools). Transferred activities 
comprise duties entrusted by the Federal government (elections to the 
Nationalrat, census, housing, infant welfare, matters relating to the 
system of registration, registration of births, deaths and marriages).

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Until 1849, when the relevant municipal law was passed (provisorisches 
Gemeinde-Gesetz), the landlords carried out the duties of the 
municipalities. Autonomy was granted to the princely towns and market 
towns and, to a limited extent, to towns that were part of a 
landlord´s estate. Local government laws are provincial laws 
based on the relevant national legislation (Reichsgemeindegesetz of 
1862). In 1920 the provisions of the latter were given the status of a 
Bundesverfassungsgesetz (Federal Constitutional law). German municipal 
laws were in force from December 1, 1934 until 1945. In 1962 a new 
municipal law was passed.

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Legally, big cities and small rural municipalities are on an equal 
footing (Orts-Gemeinde); only  Chartered Cities and Towns have a 
higher status. Originally it was mostly historic considerations which 
were decisive for granting a town a charter of its own (e.g. Waidhofen 
an der Ybbs, Rust), but the law governing the status of municipalities 
(Gemeinde-Recht of 1962) provides that all municipalities with a 
population of more than 20,000 may obtain this status. The terms 
"Markt" (market town) and "Stadt" (town) are mere titles without legal 
significance.

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Every municipality, together with its surrounding area, forms part of 
a court district and a political district. - Both nationality and the 
concept of "principal residence" of a citizen have legal significance 
in the municipalities, since the right to vote in the local government 
elections depends on these two factors.

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The organs of a municipality are: 1) The municipal council 
(Gemeinde-Vertretung): has decision-making and supervisory powers, is 
elected by secret ballot, debates and decides on all matters relating 
to municipal property and other assets, draws up the budget, decides 
on the introduction of rates or supplementary charges, elects the 
mayor and the other members of the Gemeinde-Vorstand (inner circle of 
the Gemeinde-Vertretung) from among its members and supervises their 
management. 2) The Gemeinde-Vorstand (inner circle of the 
Gemeinde-Vertretung): elected by the Gemeinde-Vertretung from among 
its members, comprises the mayor, 1-3 deputies (vice-mayors) and other 
members and is the executive organ for the municipalities´ 
autonomous sphere.

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3) The  Mayor is the executive organ for the municipalities´ 
transferred sphere and carries out the duties indirectly transferred 
by the Federal administration.


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