During the past decades observers both at home and abroad have repeatedly remarked that the Austrian political system shows some distinctive features. The unusual situation of two large, dominant parties on the one hand and the overriding principle of social partnership as a strong social and political factor on the other, for a long time left its mark on the development of the republic. A fundamental consequence is Austria’s remarkable political stability and governability today.
Austria, like other countries, has seen political change. Comparison in particular with the early 20th century, but also with the Second Republic, reveals that Austria’s political system has a markedly different appearance at the beginning of this century.
The main features of the political system in Austria are summarised in the following chapters.
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The Federal President
The Government
The Parliament
The Political System
Austria is a democratic republic. Its head of state (the Federal President) and its legislative organs are elected by the populace. 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.
Austria is a federal republic, composed of nine constituent federal states: Burgenland, Carinthia, Lower Austria, Salzburg, Styria, Tyrol, Upper Austria, Vienna and Vorarlberg. Vienna is also the nation''s capital. 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.
The 183 deputies in the ''Nationalrat'' are elected by the populace every four years. The members of the state diets are elected by the population of the federal state concerned. The members of the ''Bundesrat'' - currently 62 - are nominated by the state diets.
After the last national parliamentary election on October 1, 2006, the distribution of seats is as follows: 68 Social Democratic Party of Austria (SPÖ), 66 Austrian People's Party (ÖVP), 21 Freedom Party of Austria (FPÖ), 21 The Greens (Grüne), 7 Alliance Future Austria (BZÖ).
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.
On October 26, 1955 the ''Nationalrat'' enacted a federal constitutional law declaring Austria to be a permanently neutral state.
Parliamentary Democracy
Austria is a democratic republic. Its laws proceed from the people. Thus Article 1 of the Federal Constitutional Act
Federal Constitution
The Austrian Federal Constitution was passed by the Constituent National Assembly on October 1, 1920.
The formulation of the Federal Constitution was the work of representatives of the political parties, experts from what was then the State Chancellery, but most notably Professor Hans Kelsen (1881-1973).
The Federal Constitution was amended by the ''''Nationalrat'''' on December 7, 1929. The purpose of this amendment was to grant wider powers to the Federal President.
The Constitutional Transition Act passed by the Provisional State Government on May 1, 1945 brought the Federal Constitutional back into force with the 1929 amendments. Austria is a federal republic comprised of independent federal states:
* Burgenland
* Carinthia
* Lower Austria
* Salzburg Styria
* Tyrol
* Upper Austria
* Vienna
* Vorarlberg
The territory of the federal republic is made up of the territories of the federal states, constituting a uniform monetary, economic and customs entity.
The federal capital and the seat of the supreme federal authorities is Vienna.
All citizens of Austria are equal before the law. There are no distinctions of birth, gender, status, class or religion.
German is the official language of the Republic of Austria, but specific rights have been accorded by federal law to the recognized linguistic minorities
The colours of the Republic of Austria are red, white and red.
Federal Coat of Arms
The Austrian Republic`s coat-of-arms consists of a single-headed black eagle with golden arms and red tongue. Its chest is covered by a red escutcheon with a silver cross-bar. The eagle bears a golden coronet with three visible merlons. Its claws are banded by a severed iron chain. In its right claw it holds a golden sickle with the blade turned inwards; in its left claw a golden hammer.
Federal and State Authorities
In the federal states the State Governor exercises federal executive power (indirect federal administration) where no separate federal authority exists (direct federal administration).
In matters pertaining to indirect federal administration, the State Governor is subject to directives from the Federal Government and individual Federal Ministers.
All state legislation enacted by the state diets must, immediately after their enactment, be made known to the Federal Chancellery before the State Governor publishes it.
Each state diet may be dissolved by the Federal President at the instigation of the Federal Government and with the consent of the `Bundesrat`. This dissolution may, however, be enforced only once on the same grounds.
From the History of the Republic
On March 4, 1933 parliamentary democracy in Austria was suspended. From March 13, 1938 onwards Austria was occupied by the German Reich and thus prevented from exercising its sovereign power. It remained part of the Third Reich until April 1945. As had been the case with the First Republic (1918-1938), it was the political parties that founded the Second Republic after Austria`s liberation in April 1945.
The three anti-fascist parties - the Socialist Party of Austria (SPÖ, now Social Democratic Party of Austria), the Christian Social Party (now Austrian People`s Party (ÖVP), and the Communist Party of Austria (KPÖ) reached agreement on the formation of a Provisional State Government headed by Karl Renner (1870-1950) and on the proclamation of Austria`s independence.
This Declaration of Independence was proclaimed on April 27, 1945. The first two Articles read as follows:
Article I: The democratic Republic of Austria is restored and shall be instituted in the spirit of the Constitution of 1920.
Article II: The annexation enforced on the Austrian people in 1938 is declared null and void.
The Austrian Constitution is based on the principles of a republican, democratic and federal state, the principle of the rule of law, and the principle of the separation of legislative and executive powers and the separation of jurisdiction and administration.
The basic rights and freedoms guaranteed in the Federal Constitution were first accorded more than a century ago. The provisions of the European Convention on the Protection of Human Rights and Fundamental Freedoms supplement Austria`s constitutional law.
Austrian Federal Constitution (German only)
The Austrian National Day
The celebration of the 26 of October as the Austrian National Day goes back to the beginnings of the 2nd Republic after WW II.
After the end of the War, Austria was occupied by the four Allied powers (Sowjet Union, United States, Great Britain and France) and accordingly divided into four zones. With their consent an Austrian government was elected democratically, but every legislative regulation or political action required their consent.
The negotiations over a State Treaty ending this occupation could finally be brought to conclusion in the spring of 1955: the Austrian State Treaty was signed on 15 May 1955 in Vienna's Schloß Belvedere (maybe one of the most moving events in Austrian history) and entered into force on July 27 1955.
October 26 marks the day that followed the day on which the last foreign troops left the Austrian territory; therefore de facto the first day Austria was again an independent and sovereign country. As the status of permanent neutrality was the condition upon which the Sowjet Union had agreed to the signing of the State Treaty, the Austrian Parliament also chose this very special day to pass the law on permanent neutrality to mark the fact that it was taking a unilateral and independent decision.
* The Federal Government celebrates this day every year with a series of events in Vienna:
* the Federal President and the Federal Minister for Defense attend a Mass on the Heldenplatz
* the Federal President followed by the Federal Government lay wreaths at the tomb of the unknown soldier in the Crypt of the outer Burgtor
* a festive meeting of the Council of Ministers is held
* the government attends a Concert for Austria at the Vienna Staatsoper and
* finally the new recruits of the Austrian Armed Service are sworn in.
The citizens are offered the possibility to visit the federal museums for free. Various institutions also traditionally open their doors for the day (ie. the Federal Chancellery). Around the country so called "marches for fitness" are organized to raise awareness among the population about the benefits of exercise and fitness.
Around the world the Austrian Embassies celebrate the National Day with receptions for the Austrian citizens.
Political Parties
The Political Parties Act of July 2, 1975 states: The existence and diversity of political parties are key factors in the Republic of Austria''s democratic order.
Political parties may be established at will provided that they do not violate federal constitutional law. The activities of political parties may not be subject to specific legal constraints. Five political parties are currently represented in the Austrian Parliament:
Social Democratic Party of Austria (SPÖ)
Austrian People''s Party (ÖVP)
Freedom Party of Austria (FPÖ)
The Greens
Alliance for the Future of Austria (BZÖ)
Legislation
Draft legislation is submitted to the Nationalrat by deputies of the Nationalrat (in the form of tabled motions), by the Bundesrat or by one third of the members of the Bundesrat, or by the Federal Government (in the form of bills).
Draft legislation formulated by the Federal Government (Government bills) must be adopted unanimously by the cabinet.
The draft legislation is provisionally formulated by the Federal Minister concerned and then sent out for review by the federal states and the statutory representative bodies before being approved by the cabinet.
The Federal Minister concerned may modify the draft legislation to take account of changes suggested during the review procedure, but he is not obliged to make these changes.
Other channels of initiating legislation
Draft legislation submitted by members of the Nationalrat is known as a "motion". It does not have to go through the above review procedure.
Draft legislation may also be submitted in the form of a Popular Motion (Volksbegehren). If a Popular Motion receives 100,000 signatures of members of the national electorate or one sixth of the signatures of the electorate in any three federal states, then this motion must be debated by the Nationalrat.
Electoral commissions are established to carry out and supervise parliamentary and presidential elections and to monitor Volksbegehren. These commissions must include voting members recruited from the political parties contesting the election.
The passage of federal legislation
When the Nationalrat enacts legislation, the President of the Nationalrat must immediately notify the Bundesrat thereof.
When a law has passed the Nationalrat, it may be placed on record and published only on condition that the Bundesrat does not lodge an objection and elucidate its grounds for objection.
If the Nationalrat reiterates its passage of the legislation concerned in the presence of at least half of the deputies, the law may be placed on record and published. The Nationalrat''''s passage of federal financial laws (budget) need not be conveyed to the Bundesrat because the Nationalrat enjoys financial sovereignty.
Any law enacted by the Nationalrat may be made the subject of a national referendum (Volksabstimmung) before it is placed on record if the Nationalrat so decides or if the majority of the members of the Nationalrat vote in favour of so doing.
Any overall modification of the Federal Constitution must be made the subject of a national referendum.
A Federal President may be dismissed by national referendum before expiration of his term of office. The referendum must be held if the Federal Assembly so desires. If the referendum result produces a majority against dismissing the Federal President, this referendum ranks as the re-election of the Federal President, and the Nationalrat will subsequently be dissolved.
In the national referendum, the absolute majority of valid votes cast counts. Constitutional laws or constitutional provisions contained in federal laws can be enacted by the Nationalrat only in the presence of at least half of its deputies and with a two-thirds majority of the votes cast.
The Federal President signs federal legislation to authenticate they it has been enacted in conformity with the Federal Constitution. The Federal Chancellor countersigns each law when it is placed on record. After a law is laced on record, the Federal Chancellor publishes it in the Federal Gazette.
Controlling Bodies
In Austria, the public authorities´ financial dealings, legislation and administration are subject to scrutiny by auditing authorities.
Central Auditing Office
The purpose of the Central Auditing Office is to monitor the activities of the federal, state, municipal and other public authorities defined by law.
The Central Auditing Office compiles the Federal Auditors` Report and submits it to Parliament. The Central Auditing Office is directly answerable to Parliament.
The Central Auditing Office is independent of the Federal Government and the State Governments and is subject only to the provisions of the law. Its staff is made up of a President and the requisite full-time and auxiliary employees.
The President of the Central Auditing Office is appointed on the recommendation of the Main Committee of the `Nationalrat` for a twelve-year term. The President may not be re-elected. Before taking office, the President of the Central Auditing Office is sworn in by the Federal President.
The President of the Central Auditing Office may not be a member of a statutory representative body nor may he or she have belonged to the Federal Government or a State Government within the last four years.
Administrative Control
The administration is subject not only to financial but also to parliamentary control. The two chambers of Parliament are empowered to monitor the activities of the Federal Government, to question members of the Federal Government on all issues pertaining to executive action, to require all relevant information, and to voice their wishes on the implementation of executive powers in the form of parliamentary resolutions.
Legislative Control
At the instigation of the Administrative Court or the Supreme Court, the Constitutional Court declares federal or state legislation to be constitutional or not. The Constitutional Court may also examine the constitutionality of state legislation at the instigation of the Federal Government or the constitutionality of federal legislation at the instigation of a State Government
The Austrian Ombudsman Board
The Austrian Ombudsman Board, established in 1977, is an institution to which any person may turn directly if he or she feels wrongly treated by a public administrative authority.
If dealing with such complaints, the Ombudsmen have the unconditional right to inspect the relevant documentation. On completion of their investigations, the Ombudsmen may recommend to the public authority concerned that the subject of the complaint be rectified.
The Ombudsman Board is an independent institution answerable only to the Nationalrat to which the Ombudsman Board submits an annual Report.
The Austrian Ombudsman Board is a collegiate body made up of three Ombudsmen. The presidency rotates on an annual basis.
The Ombudsmen are elected by the `Nationalrat` on the basis of nominations by the three largest parliamentary parties. The legislation governing the Ombudsman Board is part of the Federal Constitution.
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Central Auditing Office
Administrative Court
Constitutional Court
The Austrian Ombudsman Board
Jurisdiction
All jurisdiction in Austria proceeds from the Federal Republic.
Verdicts and findings are proclaimed and published in the name of the Republic.
Nobody may be deprived of appearance before a judge as prescribed by law.
Military jurisdiction is suspended except in time of war. The death sentence has been abolished.
Judges are independent in the exercise of their offices. They may be neither dismissed nor transferred.
Proceedings in courts of civil and penal law are verbal and public. The law itself defines exceptions to this principle.
The general public is involved in the process of jurisdiction. In the case of crimes entailing severe penalties - these crimes being designated by law - and in the case of political crimes and offences, a jury passes verdict. In other cases lay assessors are involved in the proceedings if the prescribed sentence exceeds a certain limit defined by the law.
The final court of appeal for civil and criminal proceedings is the Supreme Court.
The judiciary is separate from the executive at every level of jurisdiction.
Supreme Courts
The Supreme Court is the final court of appeal for civil and criminal proceedings.
The Administrative Court deals with cases of alleged legal offences in connection with decisions taken by the administrative authorities.
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:
* courts of law and administrative authorities
* the Administrative Court and any other court of law, notably between the Administrative Court and the Constitutional Court itself, or between the regular courts of law and other courts
* between the federal states, and between a federal state and the federal authorities.
At the instigation of the Federal Government or a State Government, the Constitutional Court also reaches a finding on whether a legislative or executive act falls within the purview of the federal or the state authorities.
Social partnership
Even if, internationally, Austria is not considered to be a special case, there is still widespread agreement on the fact that cooperation and the coordination of interests between the federations is one of this country’s distinctive features. The common definition for this type of cooperation is “social partnership”.
The federations and chambers work in close contact with one or other of the two political parties, the Austrian People’s Party or the Social Democratic Party of Austria. The considerable economic growth and rise in employment and wages during the 1950s and 1960s created a favourable basis for the exchange of economic and socio-political interests. All this contributed to the wide-spread establishment of the Austrian system of social partnership in the 1960s. If the 1970s could be regarded as its heyday, the 1990s, in particular, have witnessed a change in this system’s significance.
Social partnership is neither anchored in the Austrian constitution nor laid down in any specific act. It is rooted in the free will of the players concerned. To a large extent, it is implemented informally and confidentially and is not normally accessible to the general public.
The umbrella federations of the social partners wield great influence as regards political opinion-forming and decision-making. Their co-operation has thus often been criticised as a “secondary government”, although the political omnicompetence often attributed to the social partners has, in fact, never existed as such. 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 state and also in the often quoted “social peace”.
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 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.
Austria’s accession to the European Union has expanded the federations’ scope in that they not only have privileged access to relevant information and documentation. Of even greater importance are their possibilities for influencing the Austrian position in proposing EU legislation. All in all, by comparison with many other countries, this means that the large national federations in Austria have excellent possibilities for shaping the policies relating to their interests. However, social partnership in the true sense of the word goes beyond this: its core task consists of the balancing of opposing interests in the aforementioned political fields through contextual compromises among federations or between the federations and the government.
Since the 1980s, economic, social and political changes have become apparent in Austria, too. Evidence of this lies in reduced economic growth, rising budgetary deficits, increasing competition and unemployment, and an expanding rivalry between the political parties. Against this backdrop, it has not only become more difficult for the federations to align the different interests of their members to a common denominator: reduced turnout in elections to the chambers and the general calling into question of compulsory membership are symptoms of change. In addition, it is not only becoming increasingly difficult, but also rarer, to strike a balance between the federations’ interests. Well-known institutions, such as the Paritätische Kommission für Lohn- und Preisfragen (Parity Commission for Wages and Prices), which – particularly in the comments of foreign observers – has been widely recognised as a central institution of the Austrian social partnership, have lost some of their significance. The changes are mainly manifest in the re-weighting of the influence of the players involved in the political decision-making process; the government has gained formative power and influence. In important budgetary, economic and socio-political questions it decides both the procedure and the core contents. Austria’s accession to the European Union has reinforced this development. At the same time, however, EU membership also entails a loss of terrain for the federations. Decisions on topics such as agricultural, competition and monetary policies are decided at EU level. Here, the influence of the federations is essentially limited to formulating the Austrian position, which is just one out of 15.
All this does not currently mean that the system of social partnership has come to an end. There are also visible signs of continuity. The privileged position of the national federations remains unchanged. In the political decision-making process a balance of interests can still be achieved. However, the influence has lessened. Not the end, but certainly changes and reforms of the social partnership, are currently on the agenda.
Fundamental rights and freedoms
Fundamental rights and freedoms have always been of the utmost importance and continue to be accorded high priority in the Austrian constitution. When the Federal Constitution Law was adopted in 1920, the fundamental rights and freedoms as laid down in 1867 were incorporated and to this day form part of the Austrian constitution. Because the individual political parties represent very different basic values, the democratic republic has not yet succeeded in compiling a modern, comprehensive list of fundamental rights. Most fundamental rights apply not only to Austrian citizens but also to foreigners and stateless persons, i.e. they are basic human rights. Among them are the inviolability of property, individual freedom, the right to fair trial, the right to privacy in the home, the privacy of correspondence, freedom of expression, freedom of the press, freedom of faith and conscience and the freedom of science and its teachings.
Within the context of international organisations, particularly the United Nations and the Council of Europe, Austria participates to a high degree in the further development of human rights. The European Convention for the Protection of Human Rights has been in force in Austria since 1958; in 1964 it was incorporated entirely into the constitution. It contains, inter alia, the right to life, the prohibition of torture as well as of inhuman and humiliating punishment, the prohibition of forced labour, prohibition of the deportation of Austrian citizens, the freedom to emigrate, respect of private and family life and the right to marry and have a family.
Among the fundamental rights, special political significance is accorded to the protection of minorities, as embodied in the State Treaty of St. Germain (1919) and the State Treaty of Vienna (1955).
Fundamental social rights are laid down in Austria only in a general legal context but are not anchored in the Constitution. These rights are based on the European Social Charter and the UN Covenant on Economic, Social and Cultural Rights.
The Länder administration
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.
Landtag (State parliament)
The Landtag exercises the provinces` legislative powers.
The members of the Landtag are elected by all the 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.
In the case of Vienna, which is national capital and state at one and the same time, the City Council also serves as the Landtag, the City Senate as the Landesregierung, and the Mayor as the Landeshauptmann/frau.
Links to the regional governments (German only):
Burgenland
Carinthia (Kärnten)
Lower Austria (Niederösterreich)
Upper Austria (Oberösterreich)
Salzburg
Styria (Steiermark)
Tyrol (Tirol)
Vorarlberg
Vienna (Wien)