2.4 Bodies of the Province of Vienna

The Vienna City Council also exercises the functions of the Vienna Provincial Parliament. Likewise the City Senate, in its function as the Provincial Government, is the highest executive body at the provincial level. The Mayor also serves as the Provincial Governor of Vienna, and the Vienna City Administration doubles as the Office of the Vienna Provincial Government.

The Provincial Parliament

The Provincial Parliament is the legislative body of the province of Vienna. The main regulation of the Vienna City Statutes governing the Provincial Parliament (sec 113, para 1 of the Vienna City Statutes) sets forth that "the Vienna City Council is at the same time the Provincial Parliament of the province of Vienna. The Committees and Commissions elected by the City Council are at the same time Committees and Commissions of the Provincial Parliament." Given this dual role, the electoral period of the Provincial Parliament is identical to that of the City Council.

Unlike the sessions of the City Council, sessions of the Provincial Parliament are convened by the (First) President of the Vienna Provincial Parliament (in accordance with the rules of procedure of the Provincial Parliament, three presidents are currently elected). Written and oral requests as well as urgent motions can be submitted to the Provincial Parliament.

Drafts for legal acts are generally filed in Provincial Government meetings by the competent member of the Provincial Government, and, after consultation, are forwarded to the President of the Provincial Parliament . Drafts for legal acts may equally be tabled by any member of the Provincial Parliament, provided that the proponent is supported by a minimum of four other members of the Provincial Parliament.

There are two readings for legislative acts, which may, however, be held at the same time. Every Provincial Act needs to be adopted by the Provincial Parliament, recorded by the Provincial Governor, countersigned by the Head of the Officeof the Vienna Provincial Government, and published in the Official Gazette of the Province of Vienna (“Landesgesetzblatt für Wien”). The role of the federal authorities in provincial legislation is defined in the relevant federal-level provisions (sec 97, para2 of the B-VG, the Austrian Federal Constitutional Act; sec 9 and 14 of the F-VG, the Act Governing Constitutional Rules on Public Finance). For example, the consent of the Federal Government must be obtained if the execution of a Provincial Act requires the active cooperation of federal bodies (sec 97 para2 B-VG). The Federal Government is considered to have given tacit consent unless it declares within eight weeks’ time that the federal level refuses to cooperate in the execution. Before the eight weeks have passed, the Provincial Act may only be published with the express consent of the Federal Government.

The Provincial Government

The City Senate also fulfils the functions of the Vienna Provincial Government. The Provincial Government is the highest executive body of the province, and is based on the principle of collective responsibility. Vienna has not made use of its right to introduce the "monocratic" principle at the provincial level (i.e. to allocate portfolios to the individual members of the Provincial Government). A specific ordinance (Delegation Ordinance), however, does allow for frequently recurring matters of similar nature and issues of minor significance to be delegated to the Office of the Vienna Provincial Government, which subsequently deals with them on behalf of the Vienna Provincial Government itself.

The tasks of the Provincial Government are laid down in the relevant federal and provincial acts.

The Office of the Vienna Provincial Government

The Vienna City Administration also serves as the Office of the Vienna Provincial Government. By consequence, its Chief Executive Director is also the Head of the Office of the Provincial Government. The Office of the Vienna Provincial Government is an auxiliary body to the Provincial Governor and the Provincial Government.

Other bodies at the provincial level

Administrative Court of the province of Vienna

The 2012 amendment to the system of administrative jurisdiction (Austrian Federal Law Gazette I/51) stipulated the establishment of administrative courts of first instance. Accordingly, since 1 January 2014 every federal province in Austria has one administrative court of first instance; two have been set up at federal level (i.e. the Federal Administrative Court and the Federal Fiscal Court). The previous stages of appeal within the public administrative system have thus been replaced by a two-stage system of appeals within the administrative court system itself ( administrative courts – Supreme Administrative Court) in all matters except for matters pertaining to the municipality’s own sphere of competence. However, even this one exception can be overruled by law. The 2012 amendment has thus led to fundamental changes to the entire legal protection system in public administrative matters.

Based on the stipulations of the Austrian Federal Constitutional Law, the (Provincial) Act on the Vienna Administrative Court specifically provides for the establishment of an administrative court of first instance in the Province of Vienna. The Act also contains a number of further stipulations, such as specific requirements regarding the appointment of judges and court clerks at the Vienna Administrative Court as well as other court bodies (plenary assembly, human resources and business allocation committee) as well as the rules of procedure and allocation of business within the court.

In particular, the administrative courts rule on complaints filed against decisions taken by public administrative authorities, on appeals against direct acts of enforcement by an administrative authority, and on complaints that the responsible administrative authority has failed to take a decision. To a limited extent, further responsibilities can be designated to the administrative courts by federal or provincial law (in accordance with sec 130 para2 of the Austrian Federal Constitutional Act).

Vienna Ombuds Office for Environmental Protection

The legal basis of the Ombuds Office for Environmental Protection is provided by the Vienna Environmental Protection Act. The Ombuds Office is part of the Office of the Vienna Provincial Government and consists of the Environmental Ombudsperson and the required number of staff. Its tasks include participating as a party in administrative procedures concerned with environmental matters as well as assessing draft acts and ordinances of particular relevance to environmental protection. The Environmental Ombudsperson is not subject to any directions in exercising her or his functions.

Vienna Hospital Ombuds Office

Based on the Act on the Vienna Hospital Ombuds Office, this service was established at the Office of the Vienna Provincial Government to uphold and safeguard the rights and interests of patients in all matters of healthcare. It deals with complaints, looks into defects and grievances and makes recommendations. In order to exercise these functions, the Vienna Hospital Ombuds Office is independent and not bound to any directions.

Vienna Children's and Youth Ombuds Office

The Vienna Act on Children‘s and Youth Services 2013 stipulates the establishment of the Vienna Children’s and Youth Ombuds Office as part of the Office of the Vienna Provincial Government. This service is to safeguard the interests of children and young persons. In fulfilling their tasks, the children’s and youth ombudspersons are not subject to any directions.

External Reporting Office of the Province of Vienna for Breaches of EU Law

The EU Directive on the protection of persons who report breaches of Union law (“EU Whistleblowing Directive”) has been implemented in Vienna via the Vienna Informant Protection Act (Wiener Hinweisgeberinnen- und Hinweisgeber-Schutzgesetz, W-HSchG).

The measures stipulated in the Act include the establishment of an external reporting office with the following tasks:

• receiving and verifying information on breaches of law in the areas specified by Art. 3 W-HSchG, provided that they fall within the legislative competence of the Province of Vienna;
• guaranteeing protection of the identity of informants (“whistleblowers”) and of individuals affected by their reports
• providing information according to Art. 21 W-HSchG.

The head of the External Reporting Office of the Province of Vienna for Breaches of EU Law is appointed by the Vienna Provincial Government for a term of 5 years, during which she/he exercises the office independently and is not subject to directions.