Review article
The »Third Tier« in Austria: Legal Profiles and Trends of Local Government
Anna Gamper
; Professor of Public Law, Constitutional Theory and Comparative Constitutional Law, Institute of Public Law, Science on the State and Public Administration, University of Innsbruck, Austria
Abstract
Unlike other constitutions, the Austrian Federal Constitution not only recognizes the municipalities (Gemeinden) explicitly, but also regulates their organisation and functions in principle, whilst details are left to the legislation of the nine Länder. In accordance with the European Charter of Local Self-Government, all local authorities are elected democratically, deriving their mandate either directly or
indirectly from the local citizens. Numerous local functions are performed on an autonomous basis, where local authorities cannot be bound to instructions, although they are under state supervision. Whereas the constitutional status of the municipalities does not generally approach that of the Länder, they are recognised as a »third partner« in the system of fiscal equalisation and national budgeting,
where co-operation between the federation, the Länder,and the municipalities is closer than in other areas. Their
general admittance to the traditional »dual system« of Austrian
federalism is still refused, though.
Keywords
Austria; local government; fiscal equalisation; municipal bodies; three-layered federalism; local autonomy; local democracy
Hrčak ID:
135594
URI
Publication date:
5.3.2008.
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