Particularly, this impacts the Federal President, state governors or members of federal and state governments in numerous constellations. If convicted, the sanction is lack of workplace; in minor circumstances, solely a violation of the regulation might also be established.
The Federal Structure lists numerous circumstances of potential violations of regulation – within the particular case of the voting conduct of Atmosphere Minister Leonore Gewessler (Greens) within the EU Atmosphere Council, “applicable” might be that by an “Austrian consultant within the Council”. Nonetheless, the necessities for such an accusation might be excessive in a single case: “Resulting from violation of the regulation in issues during which laws is a state matter”, equivalent resolutions are required from all state parliaments – the states would due to this fact need to confer with this authorized passage in the event that they discover a violation of the regulation by Atmosphere Minister Leonore Gewessler (Greens) because of the interference in state powers.
“Resulting from violation of the regulation in issues the place laws is a federal matter,” a (easy) majority of the Nationwide Council is required – the Nationwide Council might invoke this if it discovered that Gewessler had violated the Federal Ministries Act. Nonetheless, this case is slightly theoretical – with the identical majority, the Nationwide Council might additionally vote Gewessler out of workplace by passing a movement of no confidence.
“Useless Legislation”
Austria doesn’t have a lot expertise with ministerial indictments – the previous President of the Constitutional Court docket (VfGH), Gerhart Holzinger, as soon as referred to as them “useless regulation” because of the vital majority necessities. In observe, solely the then Governor of Salzburg, Wilfried Haslauer senior (ÖVP), needed to reply to the VfGH because of this. He had disregarded an instruction from the then Minister of Social Affairs, Alfred Dallinger (SPÖ), and had stored the retailers in Salzburg open by decree on December 8, 1984.
If the Constitutional Court docket finds {that a} culpable violation of regulation has occurred, a number of measures might be taken: Within the case of minor violations of regulation, the Constitutional Court docket can restrict itself to discovering {that a} violation of regulation has occurred. Haslauer, for instance, bought away with this sanction in 1985. In any other case, within the occasion of a conviction, the particular person is disadvantaged of his workplace – “underneath notably aggravating circumstances” political rights comparable to the correct to vote can be quickly suspended.
