[БОДЛОГЫН СУДАЛГАА, ШИНЖИЛГЭЭ] Боть-6 149 that according to Article 133 is barred from the competence of the Administrative Court. (3) If the Constitutional Court finds that a right within the meaning of Paragraph (1) has not been infringed by the challenged ruling or the exercises of direct administrative power and compulsion, and if it does not concern a case that in accordance with Article 133 is barred from the competence of the Administrative Court, the Court shall, on the request of the applicant, at the same time as it rejects the plea transfer the complaint to the Administrative Court for decision whether the applicant, by the ruling or the exercise of direct administrative power and compulsion, sustained the infringement of any other right. This applies analogously in the case of decisions in accordance with Paragraph (2). Article 145 [International Law] The Constitutional Court pronounces judgment on contraventions of international law in accordance with the provisions of a special Federal law. Article 146 [Enforcement] (1) The enforcement of judgments pronounced by the Constitutional Court on claims made in accordance with Article 137 is implemented by the ordinary courts. (2) The enforcement of other judgments by the Constitutional Court is incumbent on the Federal President. Implementation shall, in accordance with his instructions, lie with the Federation or States authorities, including the Federal Army, appointed at his discretion for the purpose. The request to the Federal President for the enforcement of such judgments shall be made by the Constitutional Court. The aforementioned instructions by the Federal President require, if it is a matter of enforcements against the Federation or Federal authorities, no countersignature in accordance with Article 67. Article 147 [Establishment] (1) The Constitutional Court consists of a President, a Vice-President, twelve additional members, and six substitute members. (2) The President, the Vice-President, six additional members, and three substitute members are appointed by the Federal President on the recommendation of the Federal Government; these members shall be selected from among judges, administrative officials, and professors holding a chair in law. The remaining six members and three substitute members are appointed by the Federal President on the basis of recommendations listing three candidates for each vacancy, the House of Representatives submitting those for three members and two substitute members and the Senate those for three members and one substitute member. Three members and two substitute members must have their domicile outside the Federal capital, Vienna. Administrative officials who are appointed members of the Constitutional Court shall, in so far and for as long as they are not superannuated, be freed from all official duties. (3) The President, the Vice-President, and the other members and substitute members must have completed their studies in law and political science and for at least ten years have held a professional appointment which prescribes the completion of these studies. (4) The following cannot belong to the Constitutional Court: members of the Federal Government or a State Government, members of the House of Representatives, the Senate, or any other popular representative body; for members of these representative bodies who have been elected for a fixed term of legislation or office such incompatibility continues until the expiry of that term of legislation or office. Finally, persons who are under employment of or hold office in a political party cannot belong to the Constitutional Court. (5) Anyone who, during the preceding four years, has exercised one of the functions specified in Paragraph (4), cannot be appointed President or Vice-President of the Constitutional Court. (6) Articles 87 (1) and (2), 88 (2) apply to members of the Constitutional Court; detailed provisions will be prescribed in the Federal law to be promulgated pursuant to Article 148. The 31 Dec of the year in which a judge completes his seventieth year of life is fixed as the age limit on whose attainment his term of office ends. (7) If a member or substitute member disregards without satisfactory excuse three successive requests to attend a hearing of the Constitutional Court, the Court shall formally establish the fact after listening to his testimony. Establishment of the fact entails loss of membership or the status of substitute membership. Article 148 [Organizational Law] Detailed provisions about the organization and procedure of the Constitutional Court will be prescribed by a special Federal law and in Standing Orders to be voted by the Constitutional Court on the basis of this.
RkJQdWJsaXNoZXIy MjE1NzIw