Federal Constitutional Law of the Republic of Austria (1920) (excerpts related to Freedom of Association) (English)

[excerpts]

Federal Constitutional Law of November 10, 1920

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Art. 9. (1) The generally recognized rules of international law are regarded as integral parts of Federal law.

(2) Legislation or a treaty requiring sanction in accordance with Art. 50 para. 1 can transfer specific Federal competences to intergovernmental organizations and their authorities and can within the framework of international law regulate the activity of foreign states' agents inside Austria as well as the activity of Austrian agents abroad.

Art. 10. (1) The Federation has powers of legislation and execution in the following matters:

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6. civil law affairs, including the rules relating to economic association but excluding regulations which render real property transactions, legal acquisition on death by individuals outside the circle of legal heirs not excepted, with aliens and transactions in built-up real property or such as is earmarked for development subject to restrictions by the administrative authorities; private endowment affairs; criminal law, excluding administrative penal law and administrative penal procedure in matters which fall within the autonomous sphere of competence of the Laender; administration of justice; establishments for the protection of society against criminal or otherwise dangerous elements; the Administrative Court; copyright; press affairs; expropriation in so far as it does not concern matters falling within the autonomous sphere of competence of the Laender; matters pertaining to notaries, lawyers, and related professions;

7. the maintenance of peace, order and security including the extension of primary assistance in general, but excluding local public safety matters; the right of association and assembly; matters pertaining to personal status, including the registration of births, marriages and deaths, and change of name; aliens police and residence registration; matters pertaining to weapons, ammunition and explosives, and the use of fire-arms;

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Art. 102.

(2) The following matters can within the framework of the constitutionally established sphere of competence be directly performed by Federal authorities:

…demarcation of frontiers, trade in goods and livestock with other countries, customs, regulation and control of entry into and exit from Federal territory, Federal finances, monopolies, the monetary, credit, stock exchange, banking and non-social insurance system, the weights and measures, standards and hallmark system , administration of justice, passports, residence registration, matters pertaining to weapons, ammunition and explosives as well as the use of fire-arms, patent matters and the protection of designs, trade marks, and other commodity description, the traffic system, river and navigation police, the postal and telecommunications system, mining, Danube control and conservation, regulation of torrents, construction and maintenance of waterways, surveying, labour legislation, social insurance, the preservation of monuments, organisation and command of the Federal police and the Federal gendarmerie, the maintenance of peace, order and security, including the extension of primary assistance in general, but excluding those of the local public safety administration, press affairs, matters pertaining to association and assembly…

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Art. 149. (1) In addition to the present law, the following laws, with the modifications necessitated by this law, shall within the meaning of Art. 44 para. 1 be regarded as constitutional law:

Basic Law of 21 December 1867, RGBl. No. 142, on the general rights of nationals in the kingdoms and Laender represented in the Council of the Realm…

Basic Law of 21 December 1867, RGBl. No. 142

on the General Rights of Nationals in the Kingdoms and Laender Represented in the Council of the Realm

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Art. 7. Every liege bond and thraldom is abolished in perpetuity…

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Art. 11. Everyone has the right of Petition. Petitions may emanate under a joint name only from legally recognized bodies or associations.

Art. 12. Austrian nationals have the right of assembly and to constitute associations. The exercise of these rights will be prescribed in special laws.

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