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, 3 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 2 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 Office of 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, para 2 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, para 2 B-VG). The Federal Government is considered to have given tacit consent unless it declares within 8 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.