ABSTRACT

A hierarchy of law is recognised in the Austrian legal system which distinguishes initially between laws or legal norms of general application and those of specific or individual application. In the first category, the classic hierarchy ranks in order: the Constitution, statutes (Gesetze) and secondary legislation (Rechtsverordnungen) of the Federation and then of the Bundesländer. For the most part, legislative competence between the Federation and the Länder is not shared but divided, so it is rare that a conflict arises which must be determined by the courts. Article 99 Abs 1 of the Constitution does, however, state that the Constitution of a Bundesland can be amended only to the extent it does not offend the Federal Constitution. Federal law takes precedence over the law of the Länder. To this hierarchy must now be added EC law. Its ranking, particularly vis à vis constitutional law, is a

of general norms are the rule-making powers of the local authorities. The particular norms of law applying in individual circumstances are the decisions, rulings or acts of the administrative authorities (Verwaltungsbescheide) and the judgments of the courts (Gerichtsurteile).