Wirtschaftskammern#
Economic Chambers (Wirtschaftskammern), formerly called Chambers of Trade (Kammern der gewerblichen Wirtschaft) or Chambers of Commerce (Handelskammern), interest groups of businesspersons, with compulsory membership and endowed with the right to examine bills and draft regulations since 1849; gradually gained influence by various laws from 1850, 1868, 1920 and 1937, and largely reorganised on the basis of the Handelskammergesetz (Law on Chambers of Commerce) of 1946 (amended in 1995) and the Wirtschaftskammergesetz (Law on Economic Chambers) in 1998.
Each province has a regional chamber consisting of 6 sections, which
are not legal entities and which cover some of the following areas:
Crafts, Trades, Services, Industry, Trade, Credit and Insurance
Issues, Transport, Telecommunications, Tourism and Leisure Industry.
Until 1937, when a federal chamber (Bundeskammer) was founded, there
were only provincial chambers. However, it did not become active until
1938. In 1946 a powerful Bundeskammer was set up (renamed
Wirtschaftskammer Oesterreich on January 1, 1994); although it wields
considerable control power, its federative structure gives a certain
amount of autonomy to its various organs.
The integration of specialised associations into the Chamber
organisation in 1946 is unique in the world; it is made up of 130
trade associations and of specialised groups in the provincial
chambers, which are mainly called Federal or Provincial Guilds
(Bundes- und Landesinnungen) within the Crafts, Trades and Services
section and Federal or Provincial Committees (Bundes- und
Landesgremien) in the Trade section. In some cases, there are only
Fachvertretungen, i.e. representative bodies without legal personality
instead of Fachgruppen, which are organised as corporations under
public law. The entire Chamber organisation comprises about 1,000
corporations under public law (Federal Chamber (Bundeskammer),
Provincial Chambers (Landeskammern), and specialised associations and
groups. Responsibility is divided up according to the principle of
subsidiarity; matters are either dealt with jointly, in specialised
groups or in a particular section itself.
Almost all branches of the industry and trade except for the electric
power industry are members of Economic Chambers. On account of the
frequent need to negotiate compromises among the different branches,
compulsory membership (also obligatory for specialised associations,
i.e. Fachgruppen and Fachvertretungen) is very important. A relevant
license that entitles the holder to run a business in trade and
industry is the condition for membership in both a chamber and in a
specialised association. At the end of 1999, the provincial chambers
had about 374,000 members, of which many were businesses in the public
sector.
The chambers are in control of their own sphere of operation (they are
exempted from state direction and are only subject to legal
supervision by the Federal Ministry of Economic Affairs). They defend
the interests of businesses against the state and against other groups
of persons in gainful employment. They are entitled to advisory status
in the examination of bills and especially important draft
regulations, and they delegate representatives to numerous
institutions including commissions, councils, social security
authorities etc. Chambers, specialised associations and specialised
groups have the capacity to enter into collective agreements. Chambers
also act on behalf of the state in respect of duties delegated to them
and are involved in vocational training.
Decisions are taken by functionaries who are elected for five years;
the principal organs include the Kammertag (Council of Chambers) of
the Wirtschaftskammer Oesterreich, the general assemblies of the
provincial chambers and the meetings of the associations. All members
of the competent specialised agencies are members of the Kammertag
(direct democracy). The elections for the associations´
committees are direct, the other elections are indirect (proportional
representation with due regard for small groups of voters). The
president of the Wirtschaftskammer Oesterreich is elected by the
Council of Chambers (Kammertag), the presidents of the provincial
chambers are elected by the general assemblies. The Wirtschaftskammer
Oesterreich has a secretariat general and a secretary general, each
provincial chamber a chamber directorate (Kammerdirektion) and a
chairperson.
The chambers run the largest non-governmental system of education and
further training through their umbrella organisation, the
Wirtschaftsfoerderungsinstitut Oesterreich (WIFI). The
Wirtschaftskammer Oesterreich possesses about 80 Foreign Trade
Offices for the promotion of trade with foreign countries. The
chambers and specialised associations are financed by various levies
(chamber levy and basic levies including those for specialised
associations, registration fees and fees for special services.
Literature#
K. Korinek, Wirtschaftliche Selbstverwaltung, 1970; F. Geissler, Oesterreichische Handelskammerorganisation der Zwischenkriegszeit, 2 vols., 1977/80; H. Reiger, Zum Recht der Handelskammern, 1992; P. Pernthaler, Kammern im Bundesstaat, 1996; K. Retter, Die Wirtschaftskammerorganisation, 1997.