about the relationship of international law and Austrian constitutional law:
As Austria's amended constitution for the EU in advance hurry Indians surrender was
Author: Minister of Justice ad Univ. Prof. em. Dr. Hans Richard Klecatsky:The relationship between international law and Austrian constitutional law was in the 60's constitutionally neugeordnet.Unmittelbaren gave rise to symptomatic way, the decision of the Constitutional Court on VfSlg 4049/1961 Europe's only just the constitutional status of the frog right: the European Human Rights Convention.
The realization came with a right of fierce scientific and parliamentary Ablehnung.Ohne me here to engage in further detail - many of today it is found useful in my coming out of the 1964 document: "Towards a World State" - was only pointed out that the then constitutional reform even with rare thoroughness was going on: the parliamentary bodies could be based on commissional deliberations of seventeen renowned experts of international and constitutional law, the the possibility of Austria and his interests covered and not even the outset only to surrender to elsewhere invented Praktiken.Ihr self-confidence, they could not last draw sufficient negative experiences of the very own history, on the other hand, even from their own world of experience with German and Allied occupation.
One could then (1964) say - and it turned out - the reform was "well thought out, they try to build the ruined landmarks between the national and the interstate right again without having to oppose the internationalization trends of our time" . They forced the government institutions and their negotiators, eventually the parliamentarians on the compatibility of foreign notion to the Austrian constitution reflect sharper than had previously ever, and the principles of the domestic constitutional law more seriously, as the only cost-intensive shine an "international law friendly" on the international stage by signing and ratification of intergovernmental agreements, which as not being "self-executing" the national debt was discussed.
A constitutional transformation system was established, the right guaranteed by security inside and outside, by the Austrian authorities in the conclusion of intergovernmental agreements, forces you to be clear and to define what was considered by these contracts now directly as domestic law or to the first by Austrian legislative acts of a certain law-making stage: (Constitution, law, Verdnung) needed .. And the then Reform protected specifically so long strange occupied Austrian territory the people living in it compared to the uncontrolled drift of foreign public authority exercising any kind!,
this constitutional system of 1964 owed since all treaties not all EU treaties, its merger with the Austrian legal system, but more of the Lisbon Treaty: a few days before it is signed, the SPÖ-ÖVP deputies to the National Council against the voices of all opposition (including the Greens) overturned the constitutional position by the Federal Constitutional Law Gazette I 2008 / 2 with effect from January 1, 2008th Even the tumultuous rush was to the startled: the overdue presentation of a government coalition that was already in a dissolution stage was not only by opposition parties but even of the socialist parliamentary speaker sharply reprimanded and later criticized even in a sensational manner by the Ombudsman .
The date compared to the EU Treaties experienced accounts system by special authorization of federal constitutional law, which would be contrary to international treaties or the dreaded referendums have been possible in principle, is by parliamentary "approval", replaces the popular votes are withdrawn. By simple laws or treaties special Austrian sovereignty of the states themselves can in other States or to "international organizations" to be exported. "In the same way", the "activity" foreign "organs" in Austria, as the "activity" of Austrian are the "institutions" regulated abroad, the latter, foreign and inter-state sovereignty is transferred. It can be provided, are the Austrian "institutions" to the authority of the "institutions" of other States or inter-governmental "entities" or transfer them to the Austrian powers "institutions" assumes (Art 9, para 2 B-VG).
The Austrian Parliament by deciding such expense of the Austrian People's sovereignty, proves this quite as submissive EU institution, eager concerned that the EU in its Austrian Under-continue only "mown meadows" finds, however they are more in detail and at what final form it may also develop. This, of course, no one knows today, but one wonders: the Republic of Austria as a sovereign state is already fully disarmed by its representatives - without asking the people - to the full liquidation prepared in premature excitement capitulation? No wonder that the people created this suspicion, since the same time as this EU reform "related" First Federal Constitutional Settlement Act "declares 500 Constitution complexes to 27 (A4) Federal Law Gazette pages that only the title of the citation necessary, partly as no longer claiming to partly lifted, partly to ordinary statutory law, including 94 international treaties. In the future, it should be - then in the explanatory memorandum, frankly - no constitutional amendment or constitutional supplementary treaties anymore, so initially no referendum on the other insidious fate of Austria in the insidiously developing EU All the crucial federal constitutional contributions to the opening of EU. region: Austria, together with the rule of their states.
***
Hans Klecatsky was the eldest son of Joseph and Mary Klecatsky, born Schartel in Vienna born. The four-year elementary school he attended in Vienna Meidling, after the entrance examination achtklassige secondary schools, the federal reformatory Traiskirchen, at which he graduated in May 1938 Matura .
After fulfilling his duties on the Reichsarbeitsdienst in Tannheim (Tirol) and salt Saalfelden (Salzburg), he started in the winter semester 1938/39 to study the law the University of Vienna which he whether due to the war launched trimester schedule already in September 1940 successfully concluded with a master's degree. Due to the acquisition of the German judicial system after the Anschluss was in addition also the decline of the German state examination before Justice Examination Office of the Higher Regional Court of Vienna on 28 September 1940.
After studying Klecatsky was drawn to Prague for military service in the German Air Force (1.10.1940 - 08.05.1945). In parallel, he was with effect from 11th November 1940 by the Chief Justice of the Higher Regional Court of Vienna to the law clerk order and with effect from 17th June 1944 appointed assessor. After the war he resumed his academic studies in 1947 and became Dr. jur. PhD.
During the Second Republic, he joined the Ministry of Justice, came as a judge in 1951 in the Legal Service of the Federal Chancellery and 1959 as the youngest member at that time as Councilor to the Administrative Court and 1964 as a substitute member and to the Constitutional Court of the Republic of Austria. After
qualified as a lecturer in administrative procedure law at the time the Vienna University of Economics in the academic year 1969/61 Klecatsky the University of Innsbruck as a lecturer for General Administrative Law, Constitutional and Administrative Law at the 1964, on 21 January 1965 he was Professor of Public Law.
From 1966 to 1970 Hans Klecatsky exercised the function of the Federal Minister of Justice of (independent). Important laws and developed Successes of his term were the organ Liability Act (1967), the Federal Law on the Supreme Court (1968), the abolition of capital punishment, courts martial proceedings and special courts (1968), the Prison Act (1969), the Probation Act (1969) and the criminal justice compensation law (1969 ). His work as a federal minister praised the Austrian President Heinz Fischer in 2010 as an important part in securing and development of the rule of law [1] .
Since 1965 based Klecatsky the Institute for Public Law and Political Science at the Leopold-Franzens-University Innsbruck until his retirement 1991st Since then Klecatsky takes a simple professor still teaching and research activities, particularly in the areas of human rights, minority rights and European law. As Klecatskys important scientific achievement is his right-theoretical understanding of the problem of so-called private sector management of the state [2] .
is also Hans Klecatsky founding and honorary chairman of the European Ombudsman Institute "as well as founding and honorary member of the Austrian Commission of Jurists [
0 comments:
Post a Comment