On July 15, Mayor Michael Ludwig (SPÖ) approved the first €700 million protective shield for Wien Energie by means of an emergency decree. The key question: did he act “immediately” and thus in accordance with the constitution? So says a leading constitutional lawyer.
The fact that Viennese mayor Michael Ludwig has helped the stricken Wien Energie with an emergency decree without notifying the committees is troubling for the opposition. The mayor confirmed on Tuesday that he has approved a loan of 700 million for the first time on July 15 as a protective shield for Wien Energie, and another on Monday – both legal, according to the constitution of the city of Vienna.
Blue, black and green romp
But what does the served § 92 of the constitution actually say: “In urgent cases, the mayor has the right to make decisions under his responsibility if the decision of these municipal bodies cannot be awaited without damage to the case. However, he must immediately submit the matter for approval to the responsible municipal authority. “Immediately” is the crux of the matter that infuriates Blue, Black, and Green. Right?
The Federal President can also issue an emergency decree
“The law does not specify which period this applies to. However, it immediately means that it has to be done quickly,” says state lawyer Manfred Matzka. Until Sunday, so for 44 days, the committees did not deal with this quickly. A look at the Federal Constitution, at Article 18, which has not yet been used in the Second Republic, shows that the Federal President can also issue emergency measures “to be submitted immediately to the National Council”. There, the term of eight days is set within which the National Council must be involved.
Mayor wants city council decision in September
However, Ludwig argued that it was not possible to pass a resolution on a regular subject in an extraordinary council meeting. He wants to make the follow-up decision in the next regular city council in September. What are the consequences if no action is taken “immediately”? “Political action is not subject to legal control, but purely to political control,” explains Matzka. The city council will have to assess whether the constitution has been used correctly in Wien Energie’s explosive case.
Source: Krone
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