Immunity

Austria

Austria - Federal Constitutional Law (EN) 1930 (2014)

Federal Constitutional Law

Chapter II: Federal Legislation

F. Status of Members of the National Council and the Federal Council

Art. 57. (1) The members of the National Council may never be made responsible for votes cast in the exercise of their function and only by the National Council on the grounds of oral or written utterances made in the course of their function.

(2) The members of the National Council may on the ground of a criminal offence – the case of apprehension in the act of committing a crime excepted - be arrested only with the consent of the National Council. Domiciliary visitations of National Council members likewise require the National Council's consent.

(3) Legal action on the ground of a criminal offence may otherwise without the National Council's consent be taken against members of the National Council only if it is manifestly not connected with the
political activity of the member in question. The authority concerned must however seek a decision by
the National Council on the existence of such a connection if the member in question or a third of the members belonging to the Standing Committee entrusted with these matters so demands. Every act of
legal process shall in the case of such a demand immediately cease or be discontinued.

(4) In all these instances the consent of the National Council counts as granted if within eight weeks it has not given a ruling on an appropriate request by the authority competent for the institution of legal action;

the President, with a view to the National Council's adoption of a resolution in good time, shall at the
latest put such a request to the vote on the day but one before expiry of the deadline. The latter does not include the period when the National Council is not in session.

(5) In case of a member's apprehension in the act of committing a crime, the authority concerned must
immediately notify the President of the National Council of the occurrence of the arrest. If the National
Council or when it is not in session the Standing Committee entrusted with these matters so demands,
the arrest must be suspended or the legal process as a whole be dropped.

(6) The immunity of members ends with the day of the meeting of the newly elected National Council,
that of functionaries of the National Council whose tenure of office extends beyond this date on the
expiry of this term of office.

(7) The detailed provisions are settled by the Federal law on the National Council's Standing Orders.

Art. 58. The members of the Federal Council enjoy for the whole duration of their tenure of office the immunity of the members of the Diet which has delegated them.

Federal Constitutional Law

Chapter IV- Legislation and Execution by the Laender

A. General Provisions

Art. 96. (1) The members of a Diet enjoy the same immunity as the members of the National Council;
the provisions of Art. 57 are applied analogously.

Federal Constitutional Law

Chapter IV- Legislation and Execution by the Laender

A. General Provisions

Art. 105. (1) The Governor represents the Land. In matters pertaining to the indirect Federal
administration he is pursuant to Art. 142 responsible to the Federal Government. The Governor has a
member of the Land Government to substitute for him (Deputy Governor) who is designated by the Land Government. This appointment shall be notified to the Federal Chancellor. Should the need for
substitution occur, the member of the Land Government appointed as substitute is pursuant to Art. 142
likewise responsible to the Federal Government in matters pertaining to the indirect Federal
administration. Immunity is no bar to the assertion of such responsibility on the part of the Governor or the member of the Land Government who substitutes for him. Immunity is likewise no bar to the assertion of responsibility on the part of a member of the Land Government in a case arising under Art. 103 para 3.

(2) The members of the Land Government are responsible to the Diet pursuant to Art. 142.

(3) A vote to prefer a charge within the meaning of Art. 142 requires the presence of half the members.

Chapter I General Provisions. European Union

A. General Provisions

Art. 57. (1) The members of the National Council may never be made responsible for votes cast in the exercise of their function and only by the National Council on the grounds of oral or written utterances made in the course of their function.

(2) The members of the National Council may on the ground of a criminal offence – the case of apprehension in the act of committing a crime excepted - be arrested only with the consent of the National Council. Domiciliary visitations of National Council members likewise require the National Council's consent.

(3) Legal action on the ground of a criminal offence may otherwise without the National Council's consent be taken against members of the National Council only if it is manifestly not connected with the political activity of the member in question. The authority concerned must however seek a decision by the National Council on the existence of such a connection if the member in question or a third of the members belonging to the Standing Committee entrusted with these matters so demands. Every act of legal process shall in the case of such a demand immediately cease or be discontinued.

(4) In all these instances the consent of the National Council counts as granted if within eight weeks it has not given a ruling on an appropriate request by the authority competent for the institution of legal action; the President, with a view to the National Council's adoption of a resolution in good time, shall at the latest put such a request to the vote on the day but one before expiry of the deadline. The latter does not include the period when the National Council is not in session.

(5) In case of a member's apprehension in the act of committing a crime, the authority concerned must immediately notify the President of the National Council of the occurrence of the arrest. If the National Council or when it is not in session the Standing Committee entrusted with these matters so demands, the arrest must be suspended or the legal process as a whole be dropped.

(6) The immunity of members ends with the day of the meeting of the newly elected National Council,
that of functionaries of the National Council whose tenure of office extends beyond this date on the
expiry of this term of office.

(7) The detailed provisions are settled by the Federal law on the National Council's Standing Orders.

Art. 58. The members of the Federal Council enjoy for the whole duration of their tenure of office the immunity of the members of the Diet which has delegated them.

Chapter IV - Legislation and Execution by the Laender

A. General Provisions

Art. 96. (1) The members of a Diet enjoy the same immunity as the members of the National Council;
the provisions of Art. 57 are applied analogously.

Chapter IV - Legislation and Execution by the Laender

A. General Provisions

Art. 105. (1) The Governor represents the Land. In matters pertaining to the indirect Federal administration he is pursuant to Art. 142 responsible to the Federal Government. The Governor has a member of the Land Government to substitute for him (Deputy Governor) who is designated by the Land Government. This appointment shall be notified to the Federal Chancellor. Should the need for substitution occur, the member of the Land Government appointed as substitute is pursuant to Art. 142 likewise responsible to the Federal Government in matters pertaining to the indirect Federal administration. Immunity is no bar to the assertion of such responsibility on the part of the Governor or the member of the Land Government who substitutes for him. Immunity is likewise no bar to the assertion of responsibility on the part of a member of the Land Government in a case arising under Art. 103 para 3.

(2) The members of the Land Government are responsible to the Diet pursuant to Art. 142.

(3) A vote to prefer a charge within the meaning of Art. 142 requires the presence of half the members.

Austria - Federal Law on Cooperation with the ICC (EN) 2002

Part 1
General Provisions

9. Obligation to consult, and rejection of requests from the International Criminal Court
1. Matters arising shall be resolved through consultations with the International Criminal Court, in particular where the execution of a request from the International Criminal Court would:
(3) violate the State immunity or diplomatic immunity of a person or property of a third State (article 98(1) of the Statute);
(4) conflict with international obligations whereby the consent of a sending State is required to surrender a person of that State to the Court (article 98(2) of the Statute).

Rome Statute

Article 98 Cooperation with respect to waiver of immunity and consent to surrender

1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.

2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.