ПОЛИТИКО-ПРАВОВЫЕ ДИСКУССИИ О СОЗДАНИИ АВСТРИИ КАК ФЕДЕРАТИВНОГО ГОСУДАРСТВА

Abstract

Austrian federalism is closely associated with political historical events during the period 1918-1920. The union of Länder relied on the recognition of their autonomy, adoption of state constitu-tions, and the possibility of establishing the representative bodies. Many historians of law and lawyers maintain that a new Republic would have been established as a centralised unitary state. Programs of political parties and the first constitutional drafts reflected the ideas of a federal state in which states had extensive powers and expanded representation in the federation. Political parties had repeatedly voiced their support for the Swiss federal model. Hans Kelsen’s constitutional drafts to be developed on behalf of the Secretary of State Karl Renner provided a solid foundation aimed to introduce federal constitutional principles and create a parliamentary republic. Constitution, system of federal institutions, as well as forms of government were widely discussed at the Länder conferences in Salzburg and Linz. Michael Mayr, Secretary of State, made a significant progress in overcoming disagreements. Mayr’s draft constitution focused primarily on achieving consensus with conflicting political parties. After the collapse of the coalition on June 10, 1920, political parties prepared and presented their constitutional drafts covering a broad range of issues: federal constitution, the Land par-liaments, and powers of states. From July 11 to September 23 1920 constitutional issues had been discussed by special subcommittee of the Constitutional National Constitutional Assembly composed of representa-tives of political parties, the state chancellery and Hans Kelsen as its scientific advisor. Delimitation of powers between the federation and the states, composition of the Federal Council, supremacy of federal law, indirect federal government were the most important issues of constitutional debates. Principle of equity and equality between the federation and the states was the key to overcoming most disagreements. Austria’s Federal Constitutional Law was passed on October 1, 1920. Despite the fact that the states did not participate in debates of the Constitutional National Assembly, they sent their representatives to the Federal Council in November 1920. However, the western Länder expressed their objections to the procedure for the adoption of the federal constitution. Efforts of the main social forces, their willingness to compromise resulted into a unique constitutional draft of the First Republic. The 1920 Constitution was a compromise solution between a centralized unitary state and a federation.