All papers, statistics and materials contained in the Country Profiles express entirely the opinion of the mentioned authors. They should not, unless otherwise mentioned, be attributed to the Secretariat of the United Nations. The designations employed and the presentation of material on maps in the Country Profiles do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.

RREEPPUUBBLLIICC OOFF

AAUUSSTTRRIIAA PPuubblliicc AAddmmiinniissttrraattiioonn

CCoouunnttrryy PPrrooffiillee

Division for Public Administration and Development Management (DPADM)

Department of Economic and Social Affairs (DESA)

United Nations

May 2006

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Table of Contents

Table of Contents........................................................................................... 1

Country ........................................................................................................ 2

1. General Information ................................................................................... 4 1.1 People.................................................................................................. 4 1.2 Economy .............................................................................................. 4 1.3 Public Spending ..................................................................................... 5 1.4 Public Sector Employment and Wages....................................................... 5

2. Legal Structure .......................................................................................... 6 2.1 Legislative Branch.................................................................................. 6 2.2 Executive Branch ................................................................................... 7 2.3 Judiciary Branch .................................................................................... 7 2.4 Local Government.................................................................................. 8

3. The State and Civil Society .........................................................................10 3.1 Ombudsperson .....................................................................................10 3.2 Civil Society .........................................................................................10

4. Civil Service .............................................................................................12 4.1 Legal basis...........................................................................................12 4.2 Recruitment .........................................................................................13 4.3 Promotion............................................................................................13 4.4 Remuneration ......................................................................................13 4.5 Training...............................................................................................14 4.6 Gender................................................................................................14 4.7 Part-time Employment in the Civil Service ................................................15

5. Ethics and Civil Service ..............................................................................17 5.1 Corruption ...........................................................................................17 5.2 Ethics..................................................................................................18

6. e-Government ..........................................................................................19 6.1 e-Government Readiness .......................................................................19 6.2 e-Participation......................................................................................20

7. Links .......................................................................................................21 7.1 National sites .......................................................................................21 7.2 Miscellaneous sites................................................................................21

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Country Click here for detailed map

Source: The World Factbook – Austria

Government type federal republic

d Independence

17 September 1156 (Duchy of Austria founded); 11 August 1804 (Austrian Empire proclaimed); 12 November 1918 (republic proclaimed) Constitution

1920; revised 1929 (reinstated 1 May 1945) Legal system

civil law system with Roman law origin; judicial review of legislative acts by the Constitutional Court; separate administrative and civil/penal supreme courts; accepts compulsory ICJ jurisdiction Administrative divisions

9 states (Bundeslaender, singular – Bundesland) Source: The World Factbook – Austria

Austria is located in southern Central Europe. Geographically, its territory encompasses both the Eastern Alps (which cover some two thirds of its surface area) and the Danube Region. Austria has a land surface of 83,858 square kilometres (32,369 square miles). Given its location, it has since time immemorial been a cross-roads of travel routes between the major European economic and cultural regions. Austria has common borders with eight other countries: Germany, the Czech Republic, Slovakia, Hungary, Slovenia, Italy, Switzerland and Liechtenstein.

Austria combines a wide variety of landscapes, climatic conditions and flora. Austria´s landscapes range from the peaks of the Alps to hill country and plains. The foothills of the Alps and the Carpathians, the Vienna Basin and the Austrian segment of the Pannonian Plain in the East are the principal areas of settlement and economic activity. Austria´s highest mountain is the Grossglockner (3,797 metres / 12,530 feet). Its longest river is the Danube, which flows through Austria for a length of some 350 kilometres (220 miles).

Austria is located within a temperate climatic zone. In the west and northwest the influence of the temperate Atlantic climate is felt more strongly, in the east the

AAuussttrriiaa

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influence of the continental climate. Precipitation levels vary significantly along a west-east axis and rise with altitude. The diversity of topographical and climatic conditions accounts for the country´s abundant flora and fauna. Austria is one of Europe´s most heavily wooded countries (47% of its surface area).

The Austrian population totals 8.032,926 according to the census of 2001, some 98% of whom are German-speaking. The six ethnic groups officially recognised in Austria are concentrated on the east and south of the country. Burgenland is home to Croats and Hungarians, many of whom have migrated to Vienna. Slovenes are found in the Gail, Rosen and Jaun valleys of southern Carinthia and in some villages in the southern part of Styria. Many Czechs and Slovaks live in Vienna and in Lower Austria, particularly in the Marchfeld and Tullnerfeld regions. Romany and Sinti, who were recognized as ethnic groups in 1993, live above all in Burgenland and to some extent in Vienna. The mean life expectancy (for a new-born of 2001) stands at 81.7 years for females and at 75.9 years for males.

Some 18% of Austria´s surface area is covered by farm land, 27% by grassland and 47% by woods and forests. 41% of Austria´s total area is suitable for agriculture. 5% of all employed persons in Austria work in agriculture and forestry. With its 20,000 organic farmers, Austria occupies a leading position in this branch of agriculture in Europe.

In the field of raw materials and energy generation Austria can draw on abundant resources. It has deposits of iron ore, non-ferrous metals, important minerals and earths. However, the constant growth of the industrial sector necessitates supplementary imports to an ever increasing degree. This is also true of fuels and energy and of the electricity generating industry. Austria has its own resources of oil and natural gas. Austria is the European Union´s number one generator of hydro-electric power.

Source: Foreign Ministry of Austria (2006) Austria's economy is highly integrated internationally, with one out of three Austrian jobs depending on exports. Germany remains the destination of a higher share of total export value than Austria’s seven next most important partners combined (Italy, USA, Switzerland, France, U.K., Hungary and the Czech Republic). In recent years, Austrian exports have expanded rapidly in Central and Eastern Europe (CEE). In 2003, 18.5% of total Austrian exports went to thirteen CEE countries, a fourfold share increase from the early 90s. Small and medium-sized enterprises (SMEs) in industry and trade are “the pillars of growth and employment in the Austrian economy”. According to a recent business survey, Austria is the European country with the highest level of exporting SMEs (58%). Of these, 82% counted EU-15 among their export destinations, while as many as 52% cited having Eastern Europe and Russia as export destinations. Only 160 enterprises out of approximately 332 000 have more than 1 000 employees.

Source: OECD – Report on the application of the convention on combating bribery of foreign public officials in international business transaction transactions phase 2 – Austria (2006)

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11.. GGeenneerraall IInnffoorrmmaattiioonn

1.1 People Austria Germany Italy 1

Population a

Total estimated population (,000), 2003 8,116 82,476 57,423

Female estimated population (,000), 2003 4,141 42,177 29,578 Male estimated population (,000), 2003 3,975 40,299 27,845

Sex ratio (males per 100 females), 2003 96 96 94

Average annual rate of change of pop. (%), 2000-2005 0.05 0.07 -0.1 Youth and Elderly Population b

Total population under age 15 (%), 2003 16 15 14

Female population aged 60+ (%), 2003 25 27 28

Male population aged 60+ (%), 2003 18 21 22 Human Settlements c

Urban population (%), 2001 67 88 67

Rural population (%), 2001 33 12 33

Urban average annual rate of change in pop. (%), ‘00-‘05 0.15 0.17 0.11

Rural average annual rate of change in pop/ (%), ‘00-‘05 -0.6 -1.55 -0.62 Education d

Total school life expectancy, 2000-2001 14.8 15.3i 14.9 1

Female school life expectancy, 2000-2001 14.7 15.1i 15.3 1

Male school life expectancy, 2000-2001 14.8 15.4i 14.6 1

Female estimated adult (15+) illiteracy rate (%), 1991 .. .. 1.1ii 2

Male estimated adult (15+) illiteracy rate (%), 1991 .. .. 2.0 ii 2

Employment e

Unemployment rate (15+) (%), 2001 3.6 7.9iii 9.5 1

Female adult (+15) economic activity rate (%), 2001 49 49 36 vi 2

Male adult (+15) economic activity rate (%), 2001 68 66 62 vi 2

Notes:i 1998/1999, ii2000, iii Month of April vi Including conscription and armed forces.

1.2 Economy Austria Germany Italy 2

GDP a

GDP total (millions US$), 2002 202,954 1,976,240 1,180,921

GDP per capita (US$), 2002 24,930 23,956 20,389

PPP GDP total (millions int. US$), 2002 232,919 2,171,624 1,481,015

PPP GDP per capita(int. US$), 2002 28,611 26,324 25,570 Sectors b

Value added in agriculture (% of GDP), 2003 2.3 1.1i 2.6

Value added in industry (% of GDP), 2003 31.7 29.4i 27.8

Value added in services (% of GDP), 2003 65.9 69.4i 69.5 Miscellaneous c

GDP implicit price deflator (annual % growth), 2004 2.0 1.1 2.3

Private consumption (% of GDP), 2003 56.7 58.6i ..

Government consumption (% of GDP), 2003 18.7 19.3 i ..

Notes: i 2003.

1 United Nations Statistics Division: a Statistics Division and Population Division of the UN Secretariat; b Statistics Division and Population Division of the UN Secretariat; c Population Division of the UN Secretariat; d1 UNESCO ; d2 UNESCO; e1 ILO; e2 ILO/OECD 2 World Bank - Data and Statistics: a Quick Reference Tables; b Data Profile Tables ; c Country at a Glance

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1.3 Public Spending Austria Germany Italy Public expenditures 3

Education (% of GNP), 1985-1987 5.9 .. 5 a

Education (% of GNP), 1995-1997 5.4 i 4.8i 4.9 i a

Health (% of GDP), 1990 5.2 5.9 6.3

Health (% of GDP), 1998 5.9 ii 7.9ii 5.6 ii

Military (% of GDP), 1990 1 2.8 iii 2.1 b

Military (% of GDP), 2000 0.8 1.5 2.1 b

Total debt service (% of GDP), 1990 .. .. ..

Total debt service (% of GDP), 2000 .. .. ..

Notes: I Data may not be strictly comparable with those for earlier years as a result of methodological changes, ii Data refer to 1999, iii

Data refer to the Federal Republic of Germany before reunification.

1.4 Public Sector Employment and Wages

Data from the latest year available

Austria 1991-1995

Austria 1996-2000

European Union

Average4 1996-2000

High income OECD

average4 1996-2000

High income group

average4 1996-2000

Employment (,000) 268 171

Civilian Central Government5 (% pop.) 3.5 2.1 4.1 .. 2.8

(,000) 198 233 Sub-national Government5

(% pop.) 2.6 2.9 4.1 .. 2.8

(,000) 41 218 Education employees

(% pop.) 0.5 2.7 1.2 .. 1.3

(,000) 100 298 Health employees

(% pop.) 1.3 3.7 1.2 .. 1.1

(,000) .. .. Police

(% pop.) .. .. .. .. ..

(,000) 0 46 Armed forces

(% pop.) 0.0 0.6 0.5 .. 0.5

(,000) .. .. SOE Employees

(% pop.) .. .. .. .. ..

(,000) .. .. Total Public Employment

(% pop.) .. .. .. .. ..

Total Central gov't wage bill (% of GDP) 3.7 3.6 3.6 .. 4.2

Total Central gov’t wage bill (% of exp) 10.0 9.9 12.8 .. 16.4

Average gov't wage (,000 LCU) 407 524

Real ave. gov’t wage ('97 price) (,000 LCU) .. 524

Average gov’t wage to per capita GDP ratio 1.7 1.7 .. .. ..

Source: World Bank - Public Sector Employment and Wages

3 UNDP - Human Development Report 2002 a Data refer to total public expenditure on education, including current and capital expenditures. b As a result of a number of limitations in the data, comparisons of military expenditure data over time and across countries should be made with caution. For detailed notes on the data see SIPRI (2001). 4 Averages for regions and sub regions are only generated if data is available for at least 35% of the countries in that region or sub region. 5 Excluding education, health and police – if available (view Country Sources for further explanations).

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22.. LLeeggaall SSttrruuccttuurree

Austria is a democratic republic. Its head of state (the Federal President) and its legislative organs are elected by the people. Citizens of Austria have been guaranteed basic rights and freedoms (such as freedom of belief and conscience) since 1867. Austria has ratified the European Convention on the Protection of Human Rights and Fundamental Freedoms of November 4, 1950. On October 26, 1955 the ''Nationalrat'' enacted a federal constitutional law declaring Austria to be a permanently neutral state.

Austria is a federal republic, composed of nine constituent federal states: Burgenland, Carinthia, Lower Austria, Salzburg, Styria, Tyrol, Upper Austria, Vienna and Vorarlberg. Federal legislation is enacted by the two chambers of Parliament, the ''Nationalrat'' and the ''Bundesrat''. The latter chamber represents the interests of the federal states. The state diets exercise the legislative power of the federal states.

Source: Foreign Ministry of Austria (2006)

2.1 Legislative Branch

bicameral Federal Assembly or Bundesversammlung consists of Federal Council or Bundesrat (62 members; members represent each of the states on the basis of population, but with each state having at least 3 representatives; members serve a five- or six-year term) and the National Council or Nationalrat (183 seats; members elected by direct popular vote to serve four-year terms)6 Women in parliament: lower house 62 out of 183 seats (33.9%) and upper house 17 out of 62 seats (27.4%)7

In Austria, both houses of the Federal Government’s legislative branch – the National Council and the Federal Council – are separate bodies in organizational terms. There are 183 deputies in the ''Nationalrat'', or National Council. The legislative term of the National Council ends at the latest after four years. However, it may end earlier if a simple majority vote for its dissolution. In addition, the federal president – at the suggestion of the government – has the right to dissolve the National Council prematurely. The members of the ''Bundesrat'', or Federal Council - currently 62 - are nominated by the state diets. They are elected by the provincial diets for the duration of the provincial diet’s legislative period. Changes in the composition of the Federal Council can therefore only be made after each provincial diet election. The Federal Council does not therefore operate according to a legislative period as such, but instead has been in session continually since 1945.

Source: Parliament of Austria (2006) & Foreign Ministry of Austria (2006)

6 Source of fact boxes if nothing else stated: The World Factbook – Austria 7 Inter-Parliamentary Union - Women in National Parliaments 8 Source of fact boxes if nothing else stated: The World Factbook – Austria

elections: National Council - last held 24 November 2002 (next to be held in the fall of 2006) election results: National Council - percent of vote by party - OeVP 42.3%, SPOe 36.5%, FPOe 10.0%, Greens 9.5%; seats by party - OeVP 79, SPOe 69, FPOe 18, Greens 17; seating as of May 2005 after split within the Freedom Party: OeVP 79, SPOe 69, Greens 17, BZOe 11, FPOe 7. 8

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2.2 Executive Branch

cabinet: Council of Ministers chosen by the president on the advice of the chancellor elections: president elected by direct popular vote for a six-year term; presidential election last held 25 April 2004 (next to be held April 2010); chancellor traditionally chosen by the president from the plurality party in the National Council; vice chancellor chosen by the president on the advice of the chancellor election results: Heinz FISCHER elected president; percent of vote - Heinz FISCHER (SPOe) 52.4%, Benita FERRERO-WALDNER (OeVP) 47.6% The supreme federal executive organs are the Federal President and the members of the Federal Government, headed by the Federal Chancellor. The supreme state executive organs are the State Governments, each headed by the State Governor. The Federal Chancellor presides over the Federal Government.

The Federal President appoints the Federal Chancellor and, on the latter's recommendation, the other members of the Federal Government. The Deputy Chancellor is empowered to deputise for the Federal Chancellor in all his functions. In the event that both the Federal Chancellor and Deputy Chancellor are unable to perform their duties, the Federal President names a member of the Federal Government to deputise for the Federal Chancellor. The Federal Chancellor countersigns the federal legislation certified by the Federal President.

Source: Federal Government of Austria (2005) & Foreign Ministry of Austria (2006)

2.3 Judiciary Branch

Supreme Judicial Court or Oberster Gerichtshof; Administrative Court or Verwaltungsgerichtshof; Constitutional Court or Verfassungsgerichtshof

The Constitutional Court is composed of a president, a vice president, twelve further members and six substitute members. Three of the members and two of the substitute members are appointed by the Federal President based on recommendations made by the National Council.

The members of the Constitutional Court are appointed by the Federal President from proposals given either by the Federal Government, the National Council or the Federal Council. All 14 members of the Constitutional Court (as well as the six substitute members) have to be qualified for the position through their study of law, as well as their extensive, relevant professional experience. The justices remain in office until they are 70 years old. They cannot be removed from office, except by decision of the Constitutional Court itself.

Source: Constitutional Court of Austria (2005)

The Constitutional Court deals with proprietary claims lodged against the federal, state, regional or municipal authorities when these claims cannot be dealt with by normal legal channels nor by an administrative authority. The Constitutional Court also passes verdict in the case of disputed responsibilities between: (i) courts of law and administrative authorities; (ii) the Administrative Court and any other court of law, notably between the Administrative Court and the Constitutional Court itself, or

Fact box: chief of state: President Heinz FISCHER (since 8 July 2004) head of government: Chancellor Wolfgang SCHUESSEL (OeVP)(since 4 February 2000); Vice Chancellor Hubert GORBACH (since 21 October 2003)

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between the regular courts of law and other courts; and (iii) between the federal states, and between a federal state and the federal authorities.

Source: Foreign Ministry of Austria (2006)

2.4 Local Government

According to article 2 B-VG, Austria is a federal state that consists of nine constituent Länder. Austria is a federal state consisting of nine independent federal states: Burgenland, Carinthia, Lower Austria, Salzburg, Styria, Tyrol, Upper Austria, Vienna and Vorarlberg.

Administration in the Länder (provinces) is the duty of the regional governments, the Landesregierungen. A regional government is made up of the governor (Landeshauptmann or Landeshauptfrau), his deputies, and other government members (Landesräte). The governor represents the province. The governor is sworn in on the Federal Constitution by the Federal President, the other members of the regional government by the governor before taking office.

In matters concerning the province, a governor has no authority over the other government members. On matters of importance to the province, the regional government makes decisions as a collegiate body. As regards indirect federal administration, the Landeshauptmann acts as the administrative authority, bound on the one hand by instructions from the federal ministers, and authorised, on the other, to give instructions to the other government members.

The Landtag exercises the provinces`legislative powers. The members of the Landtag are elected by all female and male residents of the state eligible to vote on the basis of an equal, direct, secret and personal ballot. Legislation of a province must be passed by the Landtag and then certified, countersigned and published in the state gazette by the governor. In the event that a state law requires the co-operation of federal bodies for its execution, the Federal Government must give its approval. Immediately after legislation has been passed by the Landtag and before it is published, the governor must notify the Federal Chancellery thereof.

The Federal President is empowered to dissolve any Landtag at the instigation of the Federal Government and with the consent of the `Bundesrat`. This dissolution may, however, be carried out only once on the same grounds.

While the municipalities do not take part in the federal system, they constitute the lowest (third) territorial tier in Austria. Since district administrative agencies and inter-municipal associations are not territorial bodies of their own (even though they perform important functions), there is no other territorial tier below the Länder than that of the municipalities. According to the Federal Constitution, municipalities are not administrative units but also autonomous bodies with the right to selfadministration. Self-administration means that public tasks are performed by legal bodies under public law that are different from state entities, such as the federation and the Länder. It is a characteristic of self-administrative bodies to have their own (autonomous) functions as well as a delegated sphere of functions. If they perform tasks within their own sphere of functions, they cannot be bound to instructions of federal or Länder authorities, though they are subject to their supervision. Only if they perform tasks within their delegated sphere of functions are they bound to instructions given by federal or Länder authorities.

9

Source: Ministry of Foreign Affairs o Austria (2006) & Konrad-adenauer-Stiftung (2005) – Place and role of local government in federal systems – Austria

Administrative divisions 2006 Federal state

Political districts

Judicial districts Municipalities Localities

Burgenland 9 7 171 328Carinthia 10 11 132 2 824 Lower Austria 25 32 573 3 908 Upper Austria 18 28 445 6 660Salzburg 6 9 119 737 Styria 17 21 542 2 083 Tyrol 9 13 279 677 Vorarlberg 4 6 96 154 Vienna 1 12 1 23 Austria 99 139 2 358 17 394

Source: Statistics of Austria (2006)

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33.. TThhee SSttaattee aanndd CCiivviill SSoocciieettyy 3.1 Ombudsperson

Under the Austrian Federal Constitution the Ombudsman Board is entrusted with the task of examining all alleged or presumed grievances arising in connection with the public administrative system. The Ombudsman Board thus performs a public review function in the interest of the democratic state system under the rule of law. This type of review is to be seen as a complement to other existing review mechanisms including political control (by legislative bodies), juridical control (by higher authorities, supervisory boards, Constitutional Court, Administrative Court and Independent Administrative Tribunals) and financial control (by the Court of Audit).

The review competence of the Ombudsman Board covers the entire system of public administration including the enforcement of laws by authorities, agencies and government offices. In the course of its examination, the Ombudsman Board is not only concerned with the question whether the approach adopted by an administrative authority is in compliance with the law, but also with the manner in which that authority deals with its customers. The Ombudsman Board has no review competence in regard to the jurisdiction of the courts.

The Ombudsman Board's sphere of competence comprises all levels of federal government (direct and indirect federal administration). In addition, seven of Austria's nine Länder (federal administrative regions) have adopted provisions in their regional constitutional laws under which the Ombudsman Board is also authorised to examine the performance of regional and local authorities. The regional parliaments of Vorarlberg and Tyrol have passed legislation providing for separate regional ombudsman institutions. All federal, regional and local government authorities are obligated to assist it in its activity. This includes above all the obligation to provide requested items of information (observations by respondent authorities on a complaint). The Ombudsman Board has the right to inspect relevant files in order to obtain a clear picture of the course of the proceedings.

Source: Ombudsman of Austria (2005)

3.2 Civil Society

Austria has an umbrella federation of the social partners, which wields great influence as regards political opinion-forming and decision-making. Their co-operation has thus often been criticised as a “secondary government. The co-operation and coordination of interests among the associations and with the government have only ever applied to specific fields of politics, such as income policies and certain aspects of economic and social policies, (e.g. industrial safety regulations, agrarian market legislation, labour market policies and principles of equal treatment). In these areas, during the past decades the social partners have substantially contributed to Austria’s economic, social and political stability – evidence of which can be found in economic growth, in the rise of employment, in the expansion of the welfare.

Several avenues for political decision-making are open to the large national federations. A traditionally used channel is their close relationship with one or the other of the long-standing government parties, i.e. the Social Democratic Party or the Austrian People’s Party. In addition, the federations are incorporated, both

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formally and informally, into the political opinion-forming process of the relevant ministries, as evidenced by their participation in a number of committees, advisory boards and commissions. Even at the parliamentary level, involvement of experts from the federations and chambers is a normal practice.

Source: Ministry of Foreign Affairs o Austria (2006)

The private foundation act also provides for the establishment of charitable foundations, which play an important role in civil society in Austria. But as the act’s tax advantages do not differentiate between charitable and private purposes, private foundations in Austria are essentially established for favouring private persons: husbands and wives, sons and daughters, relatives and so on (so-called family foundations). In the year 2002, Austria is facing the following situation. About 2200 foundations have been established since 1993 with a total amount of assets contributed to these private foundations is estimated to be more than 36 billion euros.

Source: Robert Harauer - Enhancing civil society structures for culture and the arts: the difficult way of Austria (edited)

Source: Robert Harauer - Enhancing civil society structures for culture and the arts: the difficult way of Austria

365764

12002200

0500

1000150020002500

1993 1995 1998 2000 2002

year

The Renaissance of Private Foundations in Austria

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44.. CCiivviill SSeerrvviiccee In Austria public administration is the responsibility of the federal government, the 9 provinces and the 2,359 municipalities. The Federal Chancellery co-ordinates the matters of the federal staff (particularly General administrative service, Law enforcement, Military service, Candidates for judicial office, judges and public prosecutors, University teachers, Teachers and Civil servants in the health service). The number of persons employed are 132,757 (federal level), 180,498 (province level) and 70,400 (Municipality level). For the total breakdown of civil servants see table 4 on page 16.

Source: Federal Chancellery of Austria (2005) – fact sheet & Public service in Austria (edited)

4.1 Legal basis

With regard to the legal status of public officials, a distinction between civil servants and contract staff must be made. Civil servants are employed by virtue of a sovereign act known as "appointment" (public law service contract). As a rule, appointment is for life. The legal status of contract staff is comparable to that of wage-earners and salaried employees in the private sector. Their service contracts are, however, based on specific federal or province laws. In the late 1970s the Service Code for Civil Servants of 1979 ("Beamtendienstrechtsgesetz") was adopted. With the Salary Reform Act of 1994 the remuneration system for major groups of federal civil servants was reorganized with due regard for their functions. Farreaching amendments to the law governing the retirement of civil servants were adopted in 1997. As a result of the reform of the Contract Staff Act in 1999, employment under contract was defined as the normal form of employment in the Federal Administration, see table 2.

Source: Federal Chancellery of Austria (2005) –Public service in Austria (edited)

Table 2: Comparison of Status of Federal Civil Servants and Contract Staff

Source: Federal Chancellery of Austria (2005) –Public service in Austria (edited)

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4.2 Recruitment

Aptitude testing for “standard posts” are required. Under this procedure, candidates having achieved the highest score in the test are recruited. However, the score achieved is primarily a criterion for objective assessment, and only in the second instance an instrument which serves to identify the “best-qualified candidate”. The recruiting department may invite the top-ranked candidates to an informal interview, which is to be conducted by the prospective direct superior and a representative of the human resources department. In some cases, there are interviews instead of aptitude testing for “special posts”. This procedure applies to all candidates who apply for posts requiring a special degree of expert know-how and skills (e.g. computer experts, engineers, specialist staff) or who are considered as being in short supply owing to the situation prevailing on the labour market. Candidates for these posts do not undergo aptitude testing, but will be invited for a job interview. In addition, a large number of institutions have different recruitment procedures laid down in other federal laws. These include e.g. the University Organisation Act (Universitätsorganisationsgesetz), the Service Code for the Judiciary (Richterdienstgesetz), the Service Code for Civil Servants (Beamten-Dienstrechtsgesetz) in respect of federal teachers employed by the state, the Service Code for Province employed Teachers and the Service Code for Province-employed Teachers of Agriculture and Forestry.

Source: Federal Chancellery of Austria (2005) –Public service in Austria (edited) 4.3 Promotion

Promotion is a characteristic feature of the service grade system. Promotion means appointment to a higher service grade. Only civil servants assigned to higher-level tasks will attain the highest service grade in their respective service category. Before being appointed to a higher service grade, the civil servant must wait for a defined period of time to elapse ("waiting time"). The length of these waiting times depends on the rating of the post and on assessed performance. While "waiting" in a particular service grade, civil servants move on to the next higher salary scale at biannual intervals. There is no legal entitlement to promotion. Internal guidelines on promotion have been drawn up. Newly recruited staff are no longer employed under the old system. Staff under the old service-grade system may opt for the new advancement-based system.

Source: Federal Chancellery of Austria (2005) –Public service in Austria (edited) 4.4 Remuneration

In general, the negotiations on the adjustment of salaries (usually conducted annually) take account of the rate of inflation, economic growth, and of pay levels in the private sector. The adjustment of salaries is also linked to rises in productivity. Representatives of the Federal Government, the Province Governments and the local communities are all involved in the negotiations on the adjustment of public service salaries. The agreement reached is generally valid for the entire public service. For a number of years, the constraints posed by budgetary consolidation have been a major factor of influence. The monthly remuneration of fixed term civil servants consists of a salary plus allowances. In addition, civil servants are entitled to the equivalent of a further two months' remuneration annually. The system of remuneration of civil servants is either: (i) an advancement-based system with function allowances, or (ii) a service-

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grade system (to be gradually discontinued) for general administration and manual workers, law enforcement and military officers. The remuneration of contract staff consist of monthly remuneration. In addition, they are entitled to the equivalent of a further two months´ pay annually; hence they receive fourteen salaries per year. The remuneration scheme for contract staff consists of a uniform system of scales in each remuneration group. Contract staff automatically transfer to the next scale at biannual intervals. Contrary to the prevailing arrangements at province and local government level, the salaries for university graduates and those with university entrance qualifications employed as contract staff in the federal administrative service were lower than those of their tenured counterparts. In the other groups, the salary differential between civil servants and contract staff was and still is insignificant.

Source: Federal Chancellery of Austria (2005) –Public service in Austria (edited) 4.5 Training

In the Federal Administration, a series of institutions offer a variety of basic and further training options for federal employees and contract staff. These comprise the Educational Centre for Law Enforcement Officers (Bildungszentrum der Sicherheitsexekutive), the College for Penal Staff (Justizschule) and the Federal Finance Academy (BundesFinanz-Akademie) as well as the Centre for Administrative Management (Zentrum für Verwaltungsmanagement) Schloss Laudon, which forms part of the Federal Chancellery. T course contents are being defined by the individual ministries and administrative units, so that it will be possible to use training. The Centre for Administrative Management has been entrusted with the task of elaborating basic training modules (cross-sectional subject matter) destined for areas in which all Federal Ministries are involved.

Source: Federal Chancellery of Austria (2005) –Public service in Austria (edited)

4.6 Gender

Under the Federal Constitution, the Federal Government as well as the province and local governments are committed to the principle of equality of men and women. Measures to advance the de-facto equality of men and women, particularly by removing existing inequalities, are admissible. The Federal Act on the Equal Treatment of Women and Men (Bundesgesetz über die Gleichbehandlung von Frauen und Männern) and the Act on Advancement of Women in Federal Service (Bundesgesetz über die Förderung von Frauen im Bereich des Bundes) of 1993 constitute the statutory basis. 37.7% of civil servants are women. The number of female employed as teachers is 54.5%, in administration, 50.1%. Women are clearly in the majority in the case of contractual employees. Below is an overview of the male-female ratio according to type of contract.

Source: Federal Chancellery of Austria (2005) – fact sheet & Public service in Austria (edited)

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Table 2: Type of Contract and Gender

Source: Federal Chancellery of Austria (2005) –Public service in Austria (edited)

4.7 Part-time Employment in the Civil Service

15.0% of civil servants are employed part-time. As far as terms of employment are concerned, contractual employees are much more likely to be in part-time employment. In the case of both groups, permanent civil servants and contractual employees, more women take the opportunity of part-time employment.

Table 3. Number of Persons employed Part-time as civil servants:

16

Table 4. Persons employed as civil servants:

Source: Federal Chancellery of Austria (2005) - Public service in Austria

17

55.. EEtthhiiccss aanndd CCiivviill SSeerrvviiccee

5.1 Corruption

2003 CPI Score relates to perceptions of the degree of corruption as seen by business people and country analysts and ranges between 10 (highly clean) and 0 (highly corrupt).

Corruption Perceptions Index

2003 CPI

Score Surveys

Used Standard Deviation

High-Low Range

Number Inst.

90 percent confidence

range

Rank Country 1 Highly clean 9.7 8 0.3 9.2 - 10.0 4 9.5 - 9.9

14 Austria 8.0 9 0.7 7.3 - 9.3 5 7.7 - 8.4

133 Highly corrupt 1.3 8 0.7 0.3 - 2.2 6 0.9 - 1.7

Source: Transparency International - Corruption Perceptions Index 2003 Surveys Used: Refers to the number of surveys that were used to assess a country's performance. 17 surveys were used and at least 3 surveys were required for a country to be included in the CPI. Standard Deviation: Indicates differences in the values of the sources. Values below 0.5 indicate agreement, values between 0.5 and c. 0.9 indicate some agreement, while values equal or larger than 1 indicate disagreement. High-Low Range: Provides the highest and lowest values of the sources. Number Institutions: Refers to the number of independent institutions that assessed a country's performance. Since some institutions provided more than one survey. 90 percent confidence range: Provides a range of possible values of the CPI score. With 5 percent probability the score is above this range and with another 5 percent it is below.

The Austrian Court of Audit (SAI Austria) is established under the constitution by an act of parliament/Legislative body. Parliament appoints the Head of the SAI. The procedure for terminating the appointment of the Head of the SAI is end of term, or removal by Parliament. The President of the Court is appointed if one is eligible for parliament/entitled to vote. The Head of SAI is appointed for a fixed twelve-year tenure. The SAI has powers of requisitioning all records of the auditee departments/organisations to discharge its mandate by virtue of Court of Audit act. The SAI has powers to enforce or initiate enforcement action to secure access to needed records which are not produced. The Court of Audit has the authority by virtue of Court of Audit act and seizure of the Constitutional Court. However, the SAI does not have power to seal, search and seize documents and other related items considered necessary for audit and inspection. Further, it does not have power to seek testimonials of the persons concerned and can not seek co-operation of persons other than agencies subject to audit.

Source: Austrian Court of Audit (2005)

The Austrian Parliament passed a law in 2004 amending large sections of the Criminal Penal Code, which is the principal source of law governing criminal procedure in Austria. The law significantly expands the role of prosecutors and enters into force only in January 2008 in order, inter alia, to allow sufficient time to recruit and train 90 additional prosecutors. While the discussion below principally focuses on current law and practice, occasional references are made to the new law where it is expected to introduce significant changes. The primarily competent Austrian police body in major economic and financial crimes other than domestic bribery is the Economic and Financial Investigations section of the Federal Criminal Investigation

18

Office (BKA), a subdivision of the Ministry of the Interior. This section includes a whitecollar crimes unit, which has jurisdiction to investigate all foreign bribery cases. While other police forces could also investigate such cases, the white collar crimes unit can take over a foreign bribery case.

Source: OECD – Report on the application of the convention on combating bribery of foreign public officials in international business transaction transactions phase 2 – Austria (2006)

5.2 Ethics

Public officials are not allowed to engage in any side-line activities which may impede the accomplishment of official tasks, which may create the impression of bias, or which compromise any other important official interests. Side-line activities exercised with gainful intent must be reported. Public officials must ensure that their overall conduct is such as to uphold public confidence in the impartial execution of official tasks. Public officials are bound to support and inform any person seeking assistance from their department or office if such request does not contravene the interests of the service or the prescribed impartial exercise of office. Unless bound by a statutory duty of secrecy, public officials must provide information on facts within the sphere of activity of their department or office. With respect to their official position, public officials must not demand, accept or obtain promise of any gifts, pecuniary advantage or any other benefit for themselves or any third party. The Disciplinary Code with its sanctions is designed to ensure that public officials fulfil their official duties. By providing for a termination of service in the case of a severe breach of duty with the associated loss of confidence, the Disciplinary Code has the objective of counterbalancing the principle of indissoluble and life-long employment.

Source: Federal Chancellery of Austria (2005) - Public service in Austria

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e-Government Readiness Index: The index refers to the generic capacity or aptitude of the public sector to use ICT for encapsulating in public services and deploying to the public, high quality information (explicit knowledge) and effective communication tools that support human development. The index is comprised of three sub-indexes: Web Measure Index, Telecommunications Infrastructure Index and Human Capital Index.

Web Measure Index: A scale based on progressively sophisticated web services present. Coverage and sophistication of state-provided e-service and e-product availability correspond to a numerical classification.

Telecommunications Infrastructure Index: A composite, weighted average index of six primary indices, based on basic infrastructural indicators that define a country's ICT infra-structure capacity. Primary indicators are: PC’s, Internet users, online population and Mobile phones. Secondary indicators are TVs and telephone lines.

0

0.1

0.2

0.3

0.40.5

0.6

0.7

0.8

0.9

Austria

German

y Ita

ly

Spain

Portug

al

Franc

e UK

e-Government Readiness Index

Source: United Nations – World Public Sector Report 2003

Human Capital Index: A composite of the adult literacy rate and the combined primary, secondary and tertiary gross enrolment ratio, with two thirds of the weight given to adult literacy and one third to the gross enrolment ratio.

66.. ee--GGoovveerrnnmmeenntt

6.1 e-Government Readiness

00.1

0.20.30.40.5

0.60.70.80.9

1

Austria

German

y Ita

ly

Spain

Portug

al

Franc

e UK

Web Measure Index Telecom. Infrastructure Index Human Capital Index

Source: United Nations – World Public Sector Report 2003

20

e-consultation:

The government website explains e-consultation mechanisms and tools. It offers a choice of public policy topics online for discussion with real time and archived access to audios and videos of public meetings. The government encourages citizens to participate in discussions.

e-decision making:

The government indicates that it will take citizens input into account in decision making and provides actual feedback on the outcome of specific issues.

e-Participation Index:

Refers to the willing-ness, on the part of the government, to use ICT to provide high quality informa-tion (explicit know-ledge) and effective communication tools for the specific purpose of empower-ring people for able participation in consultations and decision-making both in their capacity as consumers of public services and as citizens.

e-information:

The government websites offer information on policies and programs, budgets, laws and regulations, and other briefs of key public interest. Tools for dissemi-nating of information exist for timely access and use of public information, including web forums, e-mail lists, newsgroups and chat rooms.

6.2 e-Participation

0

5

10

15

20

25

30

Austria

German

y Ita

ly

Spain

Portugal

France UK

e-information e-decision making e-consultation

Source: United Nations – World Public Sector Report 2003

00.10.20.30.40.50.60.70.80.9

1

Austria

German

y Ita

ly

Spain

Portugal

France UK

e-Participation Index

Source: United Nations – World Public Sector Report 2003

21

77.. LLiinnkkss

7.1 National sites

Authority Topic

Federal Foreign Ministry of Austria http://www.bmaa.gv.at/

Federal Chancellery of Austria http://www.bundeskanzleramt.at/

Ombudsman of Austria http://www.volksanw.gv.at/

Parliament of Austria http://www.parlinkom.gv.at/

Constitutional court of Austria http://www.rtr.at

Court of Audit of Austria http://www.intosaiitaudit.org/

7.2 Miscellaneous sites

Institution Topic

OECD http://www.oecd.org

World Bank http://www.worldbank.org

European Union http://www.europa.eu.int