!!!Notverordnung
Emergency Decree, decree issued by the Federal President without any
special statutory basis. Article 18 of the Federal Constitution
entitles the Federal President to issue an emergency decree in
exceptional cases, e.g. when the Nationalrat cannot convene or when
it is obstructed in the execution of its duties by force majeure. The
power to issue emergency decrees can be invoked by the Federal
President if immediate measures have to be taken to prevent the public
from irreparable damage. The emergency decree must not change the
constitution or result in a permanent burden on the government´s
budget. The emergency decree is issued upon recommendation of the
Federal Government in accordance with the standing subcommittee of the
Main Committee of the Nationalrat.
\\
The authoritarian regime of 1933-1938 justified its seizure of power
by emergency decree by wrongly basing it on the Wartime Economy
Enabling Act of 1917 ( Maiverfassung 1934, Corporate State). The
Emergency Decree power was also laid down in the Constitution of 1867
(sec. 14) and was made use of several times when the Lower House of
Parliament was suspended.
!Literature
M. Welan, Das oesterreichische Staatsoberhaupt, 1986.
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