Austria’s federal constitution
Austria is a federal state consisting of nine federal provinces. Its constitution is typically republican-democratic and is based on a moderately federalist structure. Essential and politically relevant tasks are performed by the State (constitutionally the super-ordinate state, colloquially also known as the "Bund", that is the federal government). The nine federal provinces are also vested with legislative and executive competencies.
The municipalities (towns, market communities, villages) are the smallest units in the state organisation and as such have no legislative powers. However, they are entitled to issue general regulations (ordinances) and assume many of the state’s administrative tasks. Their sphere of competence is protected by the federal constitution.
The federal state, the federal provinces and the municipalities are so-called regional authorities responsible for designated governmental functions and for the citizens living on their territory. Regional authorities are juridical persons under public law which includes all individuals geographically connected to them (for example through residence or abode). The bodies of representative democracy effective at the regional authorities are called "general representation bodies", comprising the National Council, regional diets, municipal councils and district councils (Vienna only).
Regional authorities
Regional authorities rely on a number of, mostly elected, bodies to fulfil their tasks. Some of these, such as the municipal council offices and city administrations, consist of several elected bodies - political mandatories elected for a term of office -, as well as nominated or contracted employees (civil servants, employees under contract). Municipalities are self-governing bodies. They have their own sphere of competence, clearly defined and guaranteed to them by the federal constitution. Self-government is a type of decentralised, indirect administration. It fulfils its tasks without being subject to any directions and has its own sphere of competence guaranteed by law or by constitution. Bodies of self-government are not restricted in their activities by state control.
Separation of powers
The Austrian constitution builds on the principle of separation of powers. Administration, legislation (governed by National Council and Federal Assembly at the federal level; by provincial diets at the provincial level) and jurisdiction are treated separately at all instances and levels. Jurisdiction is always considered a federal matter; unlike in other federal states, provinces in Austria do not have their own jurisdiction. The "Independent Administrative Tribunals" established in the provinces are not subject to any directions when ruling in administrative offences or other administrative matters, but are not considered courts of justice. Despite the principle of separation of powers legislative bodies may assume administrative tasks and enjoy certain participation rights.
It should also be noted that the "general representation bodies" operating at the municipal level, i.e. the municipal councils, are not considered legislative bodies.
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