Verfassungsrechtliche Grundlagen und Funktionsgrundsätze der österreichischen Verwaltung : Experiences with New Forest and Environmental Laws in European Countries with Economies in Transition

1999

S. 60-68

Unselbständiges Werk

200072426

The Local Counties in Austria: Every Austrian Federal State is divided into Counties. The County is a territoral coporate body entitled to self-administration, while being at the same time an adminstrative local district. Every piece of a State must form part of a County. A County with at least 20.000 inhabitants shall, at its own request, be awarded its own charter by way of State legislation. Villach got conferred its own character in the year 1932. Contrary to the other Counties a town with it's own charter shall perform besides its local administrative duties also those of the District administration. The self-adminstration by the Counties means the handling of public duties, including also the souvereign functions (beside the Federation and the States). Compared to the States of Austrian Counties obtain a powerful position at government level. But there exist important legal differences between the States and the Counties: - The Austrian Counties have no legislative powers and don't participate in jurisdiction. - They're only executive bodies or adminstrative organes. - The Counties are entitled to issue on their own initiative ordinances within their sphere of competence and on the basis of the law. The principle of "legality of adminstration", laid down by the Constitution has also validity for the Counties. Summing up, it may be saind, that the Counties respresent a qualified form of decentralized governmental adminstration.