Die Kompetenzverteilung im Übergang von der österreichischen Monarchie zur Republik Österreich

Abstract

In October 1918, the Republic of (German‐)Austria came into life following the dissolution of the Habsburg Monarchy as a decentralized unitary state, consisting of provinces called Länder. In connection with subsequent decisions of the Provisional National Assembly, the same situation as in the Austrian monarchy arose with regard to the distribution of competences between the state and the Länder − with one major modification regarding the allocation of the state administration, which was now generally transferred to the Länder. Due to the connection of the state administration with the autonomous administration of the Länder, severe transgressions of competences committed by several provincial governments provoked the establishment of a ‘Länderkonferenz’ serving as an ‘infrastructural contact committee’ to resolve discrepancies between the state government and the provincial governments. In connection with the assertion of competences in drafting of the future federal constitution by the Länder, the Länderkonferenz also served at times as a federal forum for constitutional policy‐making.