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Austria - Constitution

Adopted in: 1929 (Document Status: 1 July 1983)
  
Article 7 [Equality, Political Rights] 
(1) All federal nationals are equal before the law. Privileges based upon birth, sex, estate, class, or religion are excluded.
Article 10 [Federal Legislation and Execution] 
(1) The Federation has powers of legislation and execution in the following matters: 
13. (...); religious affairs; (...).
Article 14 [Education] 
(6) Public schools are those schools which are established and maintained by authorities so required by law. The Federation is the authority so required by law in so far as legislation and execution in matters of the establishment, maintenance, and dissolution of public schools are the business of the Federation. The State or, according to the statutory provisions, the County, or a County Association is the authority so required by law in so far as legislation or implementing legislation and execution in matters of establishment, maintenance and dissolution of public schools are the business of the State. Admission to public school is open to all without distinction of birth, sex race, status, class, language and religion, and in other respects within the limits of the statutory requirements. The same applies analogously to kindergartens, centers, and student hostels. 
(10) In matters of the school authorities of the Federation in the States and political Districts, compulsory schooling, school organization, private schools, and the relationship between school and the Churches including religious instruction at school, the House of Representatives, in so far as matters of universities and fine arts academies are not concerned, can adopt federal legislation only in the presence of at least half the members and by a two thirds majority of the votes cast. The same applies to the ratification of treaties negotiated on these matters and which fall into the category specified in Article 50.
Article 14a [State Legislation and Execution, Exceptions] 
(3) Save as it concerns matters mentioned in Paragraph (2), legislation is the business of the Federation, execution the business of the States in matters of 
a) religious instruction;
(...)
Article 62 [Oath] 
(1) On his assumption of office the Federal President renders the following affirmation before the Federal Assembly: 
"I solemnly promise that I shall faithfully observe the Constitution and all the laws of the Republic and shall fulfill my duty to the best of my knowledge and belief." 
(2) The addition of a religious assertion is admissible.
Article 72 [Affirmation] 
(1) Before assuming office, the members of the Federal Government render an affirmation to the Federal President. The addition of a religious assertion is admissible.
Article 101 [State Government] 
(4) Before assumption of office, the State-Governor renders to the Federal President, the other members of the State Government render to the State-Governor, an affirmation with respect to the Federal Constitution. The addition of a religious assertion is admissible.
Note: Further information on the constitutional background of Austria is provided by the International Constitutional Law Project at the University of Wuerzburg. 
 


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