from the constitutional complaint against the accession of Austria in the EU and the subsequent contracts:
The permanent neutrality of Austria, as evidenced by the Federal Constitutional Law 26th October 1955 a Federal Building the Austrian constitution, intended also to Article 9 of the Federal Constitution, the comprehensive defense of Austria, which is intended to serve "in particular to maintain and defend the perpetual neutrality" is that Austria's membership in the European Union since its accession in question. The rich discussion of this problem has not yet led to its solution.
Such far-reaching and profound union of states, such as the European Union (a real state), and (so far) of the European Community, it can not be the neutrality issue to reduce so-called core elements, namely to reduce the participation in war, alliances and Stützpunktlosigkeit.
This contradicts already the first paragraph of Article 1 of the Neutrality Act, under which Austria's permanent neutrality "maintained with all means available to him and defend" is. In paragraph 2 of this Article, if you will, the core elements of neutrality, are only very serious breaches of neutrality. Membership in the European Union, which already from the Common Foreign and Security Policy (CFSP) addresses war, is certainly not a measure that preserve the neutrality maintain and defend suitable, especially not since the Amsterdam Treaty, the so-called Petersberg tasks in Article 17 Paragraph 2 is anchored, namely "humanitarian and rescue tasks, peacekeeping tasks and tasks of combat forces in crisis management, including peacemaking". Combat forces in crisis management can not be other than peace-building activities military measures which do not serve the defense and in any case are illegal under international law if they are not legalized by the United Nations under its Charter.
The limitation of the neutrality principle to a core military neutrality is contrary to Article 9 a para 2 B-VG itself, as it says that: "Universal national defense include the military, intellectual, civil and economic defense." Correctly sees the Federal Constitution, the necessity of using all forces for the defense of the country. Accordingly, the spiritual, civil and above all the economic opportunities of a country part of the neutralization tätsprinzips. Above all, Austria is quite economical in the Euro-pean The more integrated.
developed, the Treaty of Lisbon, the Security and Defence Union has been achieved. On the one creating this agreement, as in the 2nd Part A and set out to IV, a state, is incorporated in Austria. This state ends the permanent neutrality of Austria, making a total constitutional amendment of article 44 para 3 B-VG and also a violation of the immutable principles of the constitutional structure of Austria. To an ever closer union of the security and defense policies of the Member States targeted provision of Article 28a (42) TEU makes an independent national defense, as provided in Article 9 of Austria a B-VG, absolutely no longer.
The defense, as evidenced by Article 28a (42) para 2 subpara. 1 sentence 2 should lead "to a common defense", when the European Council, which decided unanimously not include Austria. Austria also committed by the Treaty under Article 28a (42) para 3 subpara. 2 P. 1 TEU, "improve its military capabilities." This obligation is in Article 28d (45) TEU, the tasks of the European Defence Agency has as its object, are specified below. This is an upgrade commitment in the (alleged) interest of all Member States to the common Si-safety- and defense policy should be used.
Article 17 para 1 subpara. 2 EU Treaty as amended allows the Common Foreign and Security Policy of the Union "the special character of the security and defense policy of certain Member States" generally unaffected. This scheme takes into account the neutral and supple Member States, including Austria. This might have fulfilled the duty of neutrality, if you reduce it to a core area. The relevant wording is now but only in paragraph 2 of Article 7 p. 28a (42) TEU and therefore relates to the position of the scheme in the text, only the treaty obligations in the event of an armed attack on the territory of a Member State. Apart
the fact that the European Union finally by the Treaty of Lisbon to the state is such that the security and defense policy differentiation of the Member States is questionable, all other obligations of the common security and defense policy remain so for the neutral countries, including for Austria, are authentic.
Austria, is that the treaty largely integrated into the security and defense policy of the Union and cease its (final), the permanent neutrality and thus a basic element of its constitution. If the step at all is lawful, he always needs the approval of the entire covenant people. Thus, Austria committed by Article 28b (43) para 1 TEU also to "humanitarian and rescue tasks, tasks, military advice and assistance tasks, conflict prevention and peace-keeping combat forces in crisis management, including peace-making and operations to stabilize the situation in post-conflict ". By Theorem 2 of this provision, these missions will contribute to the fight against terrorism, including by supporting third countries in combating terrorism in their territory ". The fight against terrorism, as appropriate, designed to attack war, as the current situation turns out in different parts of the world.
added by Article 23 f. of the Federal Constitution Austria's neutrality already largely eigeschränkt and the European Council decisions for the common defense of the European Union and to integrate the Western European Union over to the Proceedings of the National Council and Federal Council.
paragraph 4 of Article 23 f. of the Federal Constitution even allows the commitment of Austria to the deployment of units or individual persons to peacekeeping and combat missions in crisis management including peacemaking. The security and defense policy commitments, which introduces the Treaty of Lisbon go over this already clear at the expense of permanent neutrality in the constitution enshrined military integration of Austria in the security and defense policy also, in particular the obligation to upgrade and the obligation to to fight terrorism around the world, including wars of aggression in the sense of international law.
(Prof. Dr. jus. K. Albrecht Schachtschneider constitutional complaint S 364)
The neutrality of Austria will - argue constitutional experts - constantly adapted to international requirements - and thus reduced to a "core". On 18 June 1998 decided to f the National Council with the votes of the SPÖ, the ÖVP and the Liberal Forum, which under a Social Democratic Party-led government, the Article 23 of the Austrian Federal Constitution, which is specifically for participation in EU military operations no UN mandate necessary.
yet to bring the EU Treaty of Lisbon, the military build-up by all means, the deployment of Austrian soldiers in third countries in combating "terrorism" and a defense commitment in the event of an attack on a Member State of the Union. If these constitutional changes at all at the disposal of the legislature?
The Constitutional Law of 26 October 1955 on the permanent neutrality of Austria, "the Swiss model" is still in full force, and it currently can not legally changed to be corrected, not by popular vote under Article 44 para 3 B-VG.
It completed the first - all within Austria Constitutional issues going forward - even before the end of the Second World War with Austria's declaration of independence on 27 April 1945 (State Law Gazette No. 1) initiated phase of constitutional restoration of the Second Republic as a free and independent State, ending the foreign occupation of their territory by the four victorious Allied powers in the way of the "Moscow Memorandum" of 15 April 1954 and following the Vienna State Treaty of 15 May 1955 (Federal Law Gazette No. 152). For the first became the Republic's fully capable of action, sovereign statehood. The neutrality of constitutional law is thus one of the complex of the present Federal Constitution and the law preceding full force only brings about statehood document of the Second Republic. The 26th October, as stated in explicit memory of this event twelve years später5 fundamental state of the national holiday throughout Germany. And twenty years later, the permanent neutrality was also under the special protection provided for in the future, all facing constitutional state goal of "comprehensive national defense."
Article 9a VG6-B says: "Austria is committed to universal national defense, their job is the independence of the outside as well as the integrity and unity of the territory to Preserve particular the maintenance and defense of permanent neutrality. In this case, the constitutional establishments and their capacity, and the democratic freedoms of residents of violent attacks are to be protected from the outside and defend (paragraph 1).
Universal national defense include the military, intellectual, civil and economic defense (paragraph 2). State objectives of this kind, once adopted, have also in itself beyond time-limited legislatures, and can therefore be chosen only temporary authorities, including the Parliament do not be suspended.
Neutrality is thus with the outer and inner constitutional identity of the second Republic, with their inner "building code" or "basic principles" that are their own and their future "permanent" after the clear terms of the neutrality of constitutional law, "permanently", "forever" linked - thus a simple, not "eternal" constitutional provisions of the B-VG f superior and also his later carelessly inserted Article 23 of the outset of limiting state standard or fundamental Staatsexistenzialnorm, the only than those of self-determination subject to Austrian people. Not only politicians, including legal scholars, the day the constitutional axioms of the Austrian people as a whole attributable to restoration of the 2nd Republic (1945), less the Allied occupation forces (1955) negative, should say so openly!
neutrality means contribution to peace in the world
neutrality means contribution to peace in the world, is never a guaranteed for all. Austria's neutrality after "Swiss model", and this is for centuries. It is in itself not an indication that at the time elected officials the Republic of arbitrarily "perpetual" state fundamental rights affect only temporarily. The supreme state institutions: President, Federal Government and its true the Federal Minister of Defence by virtue of its constitutional leadership over the armed forces (Art. 80 B-VG), in conjunction with the state goal of Article 9 of the Federal Constitution a special obligation to the neutrality of the Republic to protect positive, even "spiritual", "civil," "political," in all directions, including towards the EU, and not just occasionally, reduced, but full.
Under Article 44 para 3 B-VG, which literally reads: "Any total revision of the Federal Constitution, a part of change but only when requested by a third of the members of the National Council or Federal Council, is at the end of the procedure of Article 42" (procedure before the Federal Council), "but before its authentication by the President to submit a vote of the entire covenant people" - the whole Austrian debate on EU's Lisbon Treaty does move to the question whether seeing is such a total change of the Federal Constitution !
sure, but it is also misleading, because - as I said - extradition Sale, lease, any alienation of sovereignty to foreign (supranational) entities one thing remains the präverfassungsrechtlichen determination of the people and for this reason its involvement in the constitutional sale (subjugation) Act requires, regarding the neutrality also because the Neutrality constitutional law as a the external relations of the Republic of relevant state entity (fundamental) norm away from the "Federal Constitution" not simply in the historical auzulegenden "Federal Constitution" concept-of Article 44, paragraph 3 (originally: para 2) B-VG falls, the total change after the ruling, the fuzzy knowledge the Constitutional Court VfSlg. 2455 following vague "theory" in any case only a change in the internal "guiding principles", "building codes", "principles" to mean, etc., or even just the "core". Regardless of its gefährlichen7 ambiguity which stems from the 1920 constitutional provision has since been changed or taken seriously, but from the constitutional practice of simply playing.
Already in the first, then in the Second Republic there was only fished in troubled waters: the overall change in the Federal Constitution was "insidious" in front of him. The since the fifties of the last century constantly floating charge of the national vote without "fraudulent acquisition of the overall amendment of the Constitution" 8 found in the constitutional and legislative producers nor heard as the in detail to extensive criticism of the great Viennese polyhistorian Ernst C. Light Bling: "The amendments to the Austrian Federal Constitution in light of the constitutional violation" ( 1970) 9, or even his writing, "undermining the Constitution" (1966) 10
Links:
http://www.webinformation.at/htm/neutralitaet.htm
About neutrality in the new "citizenship papers" No. 10 starting on page 6
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