AUSTRIA'S POLITICAL SYSTEM has been a model of stability since democracy was restored in 1945. In contrast to the interwar period, when domestic political rivalries and foreign intervention brought the system of government set out by the constitution of 1920 to a standstill, after World War II this reestablished parliamentary democracy functioned smoothly in what came to be termed the Second Republic.
For most of the postwar period, Austrian politics appeared unique in many respects to outside observers. Between 1945 and 1966, the country was ruled by the so-called grand coalition of the two major parties, the Austrian People's Party (Österreichische Volkspartei--ÖVP) and the Socialist Party of Austria (Sozialistische Partei Österreichs--SPÖ). (In 1991 the name of the latter party was changed to the Social Democratic Party of Austria [Sozialdemokratische Partei Österreichs--SPÖ].) This arrangement appealed to Austria's politicians and people mainly because it symbolized the reconciliation between social groups that had fought a brief civil war before the absorption (Anschluss) of Austria by Nazi Germany in 1938. The coregency of the ÖVP and SPÖ led to the systematic dividing of political offices and civil service posts, known in Austria as Proporz. Also benefiting from this arrangement were key economic and professional organizations that were aligned with the two major parties.
At times, Austria's political system seemed impervious to change, but by the middle of the 1980s, it had become clear that far-reaching social and economic trends were beginning to affect the country's politics. The dominance of the ÖVP and SPÖ was challenged by the reemergence of the Freedom Party of Austria (Freiheitliche Partei Österreichs--FPÖ), led by Jörg Haider, a young right-wing populist who appealed to German nationalist sentiment. After the FPÖ's short-lived coalition with the SPÖ between 1983 and 1986, it continued to attract increasing numbers of voters. In the national election of 1990, the FPÖ won 16.6 percent of the vote, establishing itself as a new power in the Nationalrat. In early 1993, however, some members of the FPÖ withdrew from it and formed their own party, The Liberal Forum (Das Liberale Forum), a potential threat to Haider's political future. Concern over environmental issues has also affected the Austrian political process, as evidenced by the entry of Green political parties into parliament in 1986. Previous patterns of government, which revolved almost exclusively around reaching agreement between the ÖVP and the SPÖ, were replaced by a more contentious, freewheeling atmosphere where more voices are heard.
While the political process underwent gradual but distinct changes, a variety of scandals during the 1980s brought Austria to the world's attention. The best-known involved Kurt Waldheim, elected president in 1986. Shortly after his election, a sharp international controversy erupted over whether he had been involved in Nazi atrocities in Yugoslavia during World War II. Although a thorough investigation found no evidence that Waldheim had participated in any atrocities, his method of handling the affair disappointed many Austrians and foreign observers. The strong emotions unleashed inside Austria by this matter showed that the older generation is still reluctant to discuss the country's role in the Nazi era.
Major changes in Austria's political landscape opened prospects of a new basis for its foreign policy. The bedrock of Austrian diplomacy in the postwar period has been its commitment to permanent neutrality. In order to achieve the removal of Soviet occupying forces, the Austrian government in 1955 pledged never to join a military alliance or to permit the stationing of foreign troops on its soil. Thereafter, Austria pursued a policy of active neutrality, which included participation in numerous United Nations peacekeeping operations. During the Cold War period, Austria was a consistent advocate of détente between the United States and the Soviet Union.
By the late 1980s, a growing number of politicians had concluded that the country should examine closely the question of whether or not to join the European Community. After a prolonged debate over the merits of membership, the Austrian government submitted a formal entry application in the summer of 1989. As of late 1993, a substantial number of Austrian citizens still had serious reservations about joining the organization, which as of November 1993 came to be known as the European Union. Membership would have to be approved in a popular referendum. Whatever the outcome of the vote, the disintegration of communism in Eastern Europe and the dissolution of the Soviet Union have raised the question of whether neutrality should--or could--remain the guiding principle of Austrian foreign policy.
Sunday, January 6, 2008
CONSTITUTIONAL FRAMEWORK
Austria is a parliamentary democracy of the kind that exists in most of Western Europe. The legal basis for the Austrian system of government is the constitution of 1920, which was amended in 1929 and several times thereafter. The constitution of 1920 provided a transition from Austria-Hungary (also seen as the Austro-Hungarian Empire) to a democratic federal republic in which the law emanates from the people. The constitution was suspended from 1934 to 1938 during the authoritarian administrations of Engelbert Dollfuss and Kurt von Schuschnigg and again during the Anschluss that was forced on Austria by Adolf Hitler from 1938 to 1945. Since 1945, when the Second Republic was proclaimed, Austria has been governed by the 1920 constitution as amended.
Executive, legislative, and judicial branches of government were established by the 1920 constitution, with the executive branch subordinate to the legislative branch. The federal presidency as established by the 1920 constitution was a weak political office whose incumbent was elected by a joint session of the bicameral legislature, the Bundesversammlung (Federal Assembly). The constitutional amendments of 1929 increased the president's political role by granting him the formal power to appoint or dismiss the chancellor and, on the chancellor's recommendation, the cabinet. The 1929 amendments also provided that the right of electing the president be taken away from the legislature and given to the people.
Austria's political system is federal in nature, reflecting the fact that the country consists of nine provinces. Although Article 15 of the constitution states that the provinces shall have jurisdiction over all matters not explicitly reserved for the federal government, Austrian federalism is weak and underdeveloped. The areas of law reserved for the provinces are few in number and relatively unimportant. Among the areas where the federal government is almost exclusively responsible are foreign affairs, national security, justice, finance, civil and criminal law, police matters, and education. In other areas of law, the provinces are called on to pass implementing legislation for matters already decided at the federal level. This process, known as indirect federal administration, applies to areas such as elections, highway police, and housing affairs. Other laws are made and administered at the provincial level, but within federally established guidelines. These concern social welfare, land reform, and provincial administration. Areas where the provinces have primary authority include municipal affairs (for example, trash removal and major aspects of zoning), preschool and kindergarten, construction laws, fire control, and tourism. The constitution does not include a bill of rights as such, but it does guarantee equality before the law and further guarantees that there shall be no discrimination because of birth, gender, civil status, class, or religion. Individual rights are further defined by inclusion in the constitution of the final article, which raises certain older Austrian laws to the rank of constitutional law. Among them is the Basic Law of December 1867, which establishes equality before the law, inviolability of property, and freedom of assembly, expression, and worship. Laws promulgated in 1862 set forth individual rights regarding personal liberty and one's home. These rights include not being held without a warrant and, except in unusual circumstances, not allowing homes to be searched without a warrant.
Some restrictions are placed on freedom of expression and association. Proper authorities must be informed when a new association is formed. Officials then have six weeks to object to its formation if the group is thought to be illegal or a potential threat to the republic. Since the Second Republic was established in 1945, care has been taken to ensure that laws concerning individuals are in accord with the United Nations Universal Declaration of Human Rights of 1948.
Amendments to the constitution can be made through laws designated constitutional laws or through constitutional provisions if the amendment is part of another law. Passage of an amendment requires a two-thirds majority vote in the presence of at least one-half the members of the Nationalrat (National Council), parliament's lower house. Constitutional laws or provisions are accompanied by a national referendum only if requested by one-third of the deputies of either the Nationalrat or the Bundesrat (Federal Council), parliament's upper house. In 1984 a constitutional amendment provided that amendments changing the division of responsibilities between the federal government and the provinces require the approval of two-thirds of the Bundesrat as well as two-thirds of the Nationalrat.
In addition to the amended constitution, two laws--a treaty and a constitutional law--are particularly important to the constitutional development of Austria because they concern the country's international status and reaffirm the people's basic rights. In April 1955, a stalemate over the restoration of full sovereignty to Austria was finally broken when the Soviet Union agreed to drop its insistence that a solution to the Austrian question be tied to the conclusion of a peace treaty with Germany. This paved the way for the signing of the State Treaty in May 1955 by the Four Powers (Britain, France, the Soviet Union, and the United States) and Austria. The treaty established Austria's frontiers as those existing on January 1, 1938, and forbade economic or political union with Germany. Rights to a democratic government and free elections were guaranteed, and the document reiterated guarantees of fundamental rights and freedoms, including equal rights for minorities. Specifically mentioned in this category were Slovenes and Croats. The second law of constitutional importance is the Federal Constitutional Law of October 26, 1955, on the Neutrality of Austria. The law declared the country's permanent neutrality and prohibited it from entering into military alliances or allowing foreign countries to establish military bases within the borders of Austria.
Executive, legislative, and judicial branches of government were established by the 1920 constitution, with the executive branch subordinate to the legislative branch. The federal presidency as established by the 1920 constitution was a weak political office whose incumbent was elected by a joint session of the bicameral legislature, the Bundesversammlung (Federal Assembly). The constitutional amendments of 1929 increased the president's political role by granting him the formal power to appoint or dismiss the chancellor and, on the chancellor's recommendation, the cabinet. The 1929 amendments also provided that the right of electing the president be taken away from the legislature and given to the people.
Austria's political system is federal in nature, reflecting the fact that the country consists of nine provinces. Although Article 15 of the constitution states that the provinces shall have jurisdiction over all matters not explicitly reserved for the federal government, Austrian federalism is weak and underdeveloped. The areas of law reserved for the provinces are few in number and relatively unimportant. Among the areas where the federal government is almost exclusively responsible are foreign affairs, national security, justice, finance, civil and criminal law, police matters, and education. In other areas of law, the provinces are called on to pass implementing legislation for matters already decided at the federal level. This process, known as indirect federal administration, applies to areas such as elections, highway police, and housing affairs. Other laws are made and administered at the provincial level, but within federally established guidelines. These concern social welfare, land reform, and provincial administration. Areas where the provinces have primary authority include municipal affairs (for example, trash removal and major aspects of zoning), preschool and kindergarten, construction laws, fire control, and tourism. The constitution does not include a bill of rights as such, but it does guarantee equality before the law and further guarantees that there shall be no discrimination because of birth, gender, civil status, class, or religion. Individual rights are further defined by inclusion in the constitution of the final article, which raises certain older Austrian laws to the rank of constitutional law. Among them is the Basic Law of December 1867, which establishes equality before the law, inviolability of property, and freedom of assembly, expression, and worship. Laws promulgated in 1862 set forth individual rights regarding personal liberty and one's home. These rights include not being held without a warrant and, except in unusual circumstances, not allowing homes to be searched without a warrant.
Some restrictions are placed on freedom of expression and association. Proper authorities must be informed when a new association is formed. Officials then have six weeks to object to its formation if the group is thought to be illegal or a potential threat to the republic. Since the Second Republic was established in 1945, care has been taken to ensure that laws concerning individuals are in accord with the United Nations Universal Declaration of Human Rights of 1948.
Amendments to the constitution can be made through laws designated constitutional laws or through constitutional provisions if the amendment is part of another law. Passage of an amendment requires a two-thirds majority vote in the presence of at least one-half the members of the Nationalrat (National Council), parliament's lower house. Constitutional laws or provisions are accompanied by a national referendum only if requested by one-third of the deputies of either the Nationalrat or the Bundesrat (Federal Council), parliament's upper house. In 1984 a constitutional amendment provided that amendments changing the division of responsibilities between the federal government and the provinces require the approval of two-thirds of the Bundesrat as well as two-thirds of the Nationalrat.
In addition to the amended constitution, two laws--a treaty and a constitutional law--are particularly important to the constitutional development of Austria because they concern the country's international status and reaffirm the people's basic rights. In April 1955, a stalemate over the restoration of full sovereignty to Austria was finally broken when the Soviet Union agreed to drop its insistence that a solution to the Austrian question be tied to the conclusion of a peace treaty with Germany. This paved the way for the signing of the State Treaty in May 1955 by the Four Powers (Britain, France, the Soviet Union, and the United States) and Austria. The treaty established Austria's frontiers as those existing on January 1, 1938, and forbade economic or political union with Germany. Rights to a democratic government and free elections were guaranteed, and the document reiterated guarantees of fundamental rights and freedoms, including equal rights for minorities. Specifically mentioned in this category were Slovenes and Croats. The second law of constitutional importance is the Federal Constitutional Law of October 26, 1955, on the Neutrality of Austria. The law declared the country's permanent neutrality and prohibited it from entering into military alliances or allowing foreign countries to establish military bases within the borders of Austria.
GOVERNMENT INSTITUTIONS
The Austrian system provides for a president who is popularly elected. The president functions as head of state and has little authority over the actions of the government. Political power is in the hand of Austria's head of government, the chancellor (prime minister), who, as in parliamentary systems elsewhere, is usually the leader of the party with the most seat in the lower house of the country's bicameral parliament, the Nationalrat (National Council). The chancellor and his cabinet have extensive executive powers and also are the authors of most legislation. Yet, however great the powers of the executive are, it is politically responsible to the Nationalrat and can only govern with its approval. The upper chamber of parliament, the Bundesrat (Federal Council), represents the interests of Austria's nine provinces. Its limited powers reflect the underdeveloped nature of Austrian federalism. The chancellor and the cabinet, together with their party's representatives in the Nationalrat, are the main center of government activity and power.
The Federal President
A 1929 amendment to the 1920 constitution introduced the concept of a popularly elected president. Because of the suspension of the constitution in 1934, however, the first popular election of a president did not take place until 1951. The president serves a six-year term and is limited to two consecutive terms. Candidates must be at least thirty-five years of age and eligible to vote in Nationalrat elections.
Political parties nominate presidential candidates, but it is customary, given the limited powers of the position, for the president to serve in a nonpartisan manner. To win an election, a candidate must receive more than 50 percent of the votes. If no candidate succeeds on the first ballot, a runoff election is held between the two candidates receiving the highest number of votes. The president serves as head of state. Presidential duties include convoking, adjourning, and, in rare cases, dissolving the Nationalrat. The president signs treaties, verifies that legal procedures for legislation have been carried out, and grants reprieves and pardons. Although he cannot veto legislation, the president is empowered to reject a cabinet proposal or delay enactment of a bill. Unless the constitution states otherwise, official acts of the president require the countersignature of the chancellor or the relevant minister.
The president plays an important, though largely formal, role in the political process of forming and dissolving governments. In the aftermath of a parliamentary election, the president invites the leader of the strongest party in the Nationalrat to form a government. This duty reflects the fact that both the government and parliament are responsible to the president in the sense that he can dismiss individual members of the government, including the chancellor, as well as dissolve the Nationalrat. The president, on the recommendation of the chancellor, also appoints individuals to cabinet positions and other important government positions, including that of vice chancellor. The president also can dismiss individual cabinet officials, but only on the recommendation of the chancellor. During the Second Republic (that is, since 1945), the president has dissolved the Nationalrat only twice, in 1971 and 1986, in both cases because the incumbent chancellor and his party wished to have a new election.
The president has emergency authority that gives him significant powers. Should an emergency arise when the Nationalrat is not in session, the cabinet can request that the president act on the basis of "provisional law-amending ordinances," as provided for in the constitution. Such ordinances require the countersignature of the cabinet. Emergency decrees must be sent to the Nationalrat. If it is not in session, the president must convoke a special session. The Nationalrat has four weeks either to enact a law to replace the decree or to void the decree.
Two procedures are outlined in the constitution for pressing charges against the president: one entails a referendum; the other entails a vote by a joint session of parliament, the Bundesversammlung (Federal Assembly). To set a referendum in motion, one-half of the Nationalrat deputies must be present and vote by a two-thirds majority to ask the chancellor to convoke the Bundesversammlung, which then must vote by a simple majority for a referendum. The referendum is carried if a simple majority of voters vote in favor of it. If the referendum is defeated, then the president is regarded as reelected, the Nationalrat is dissolved, and new elections are scheduled. Under no circumstances, however, shall a president serve more than twelve years in office.
The second procedure for bringing charges against the president results from his being responsible to the Bundesversammlung, which is authorized to vote on his actions. Either house of parliament can ask the chancellor to convoke the Bundesversammlung for such a purpose. One-half of the members of each house must be present, and the Bundesversammlung must cast a two-thirds vote to press charges against the president.
If the president dies or if the office is vacated for any other reason, a new election is held. In the interim, the chancellor carries out necessary presidential duties.
Political parties nominate presidential candidates, but it is customary, given the limited powers of the position, for the president to serve in a nonpartisan manner. To win an election, a candidate must receive more than 50 percent of the votes. If no candidate succeeds on the first ballot, a runoff election is held between the two candidates receiving the highest number of votes. The president serves as head of state. Presidential duties include convoking, adjourning, and, in rare cases, dissolving the Nationalrat. The president signs treaties, verifies that legal procedures for legislation have been carried out, and grants reprieves and pardons. Although he cannot veto legislation, the president is empowered to reject a cabinet proposal or delay enactment of a bill. Unless the constitution states otherwise, official acts of the president require the countersignature of the chancellor or the relevant minister.
The president plays an important, though largely formal, role in the political process of forming and dissolving governments. In the aftermath of a parliamentary election, the president invites the leader of the strongest party in the Nationalrat to form a government. This duty reflects the fact that both the government and parliament are responsible to the president in the sense that he can dismiss individual members of the government, including the chancellor, as well as dissolve the Nationalrat. The president, on the recommendation of the chancellor, also appoints individuals to cabinet positions and other important government positions, including that of vice chancellor. The president also can dismiss individual cabinet officials, but only on the recommendation of the chancellor. During the Second Republic (that is, since 1945), the president has dissolved the Nationalrat only twice, in 1971 and 1986, in both cases because the incumbent chancellor and his party wished to have a new election.
The president has emergency authority that gives him significant powers. Should an emergency arise when the Nationalrat is not in session, the cabinet can request that the president act on the basis of "provisional law-amending ordinances," as provided for in the constitution. Such ordinances require the countersignature of the cabinet. Emergency decrees must be sent to the Nationalrat. If it is not in session, the president must convoke a special session. The Nationalrat has four weeks either to enact a law to replace the decree or to void the decree.
Two procedures are outlined in the constitution for pressing charges against the president: one entails a referendum; the other entails a vote by a joint session of parliament, the Bundesversammlung (Federal Assembly). To set a referendum in motion, one-half of the Nationalrat deputies must be present and vote by a two-thirds majority to ask the chancellor to convoke the Bundesversammlung, which then must vote by a simple majority for a referendum. The referendum is carried if a simple majority of voters vote in favor of it. If the referendum is defeated, then the president is regarded as reelected, the Nationalrat is dissolved, and new elections are scheduled. Under no circumstances, however, shall a president serve more than twelve years in office.
The second procedure for bringing charges against the president results from his being responsible to the Bundesversammlung, which is authorized to vote on his actions. Either house of parliament can ask the chancellor to convoke the Bundesversammlung for such a purpose. One-half of the members of each house must be present, and the Bundesversammlung must cast a two-thirds vote to press charges against the president.
If the president dies or if the office is vacated for any other reason, a new election is held. In the interim, the chancellor carries out necessary presidential duties.
Chancellor and Cabinet
The chancellor (prime minister) is the head of government as well as chairman of the cabinet. Executive political power formally rests in the hands of the cabinet. The chancellor, the cabinet, and their working majority in the Nationalrat are the real focal point of executive power in the political system. The chancellor is appointed by the president and can also be dismissed by him. The chancellor is usually the leader of the party that has won the most seats in the latest parliamentary election. At the very least, he or she is the choice of a majority of the new deputies. The chancellor must be eligible to serve in the Nationalrat but need not be a member of it. The chancellor also serves as head of the Federal Chancellery, which is staffed with civil servants.
In most respects, the chancellor functions as first among equals in the cabinet. He coordinates the work of the cabinet but is not entitled to give orders to individual ministers. However, the chancellor's power varies depending on political circumstances and his own political gifts. In a coalition government, the chancellor shares coordinating duties with the vice chancellor, who is the leader of the junior party in the coalition. If the chancellor heads a one-party government, his or her leeway to make decisions is increased. During the long period of rule under Chancellor Bruno Kreisky (1970-83), the public visibility of the chancellor was enhanced through the increased use of television. From the standpoint of the public, the chancellor had become the dominant figure of government.
On recommendation by the chancellor, the president appoints individuals to the various cabinet positions. Cabinet members do not have to be members of the Nationalrat, but they must be eligible to be elected to it. Persons chosen as cabinet ministers are usually leading members of a political party or interest group. Occasionally, however, a person has entered the cabinet from a high-level civil service position.
The number of ministries varies; in 1993 there were fourteen ministries. In a coalition government, the apportionment of the cabinet posts is roughly proportional to the parties' respective strengths in the Nationalrat. The awarding of particular posts is based on a coalition agreement reached between the two parties.
In keeping with the traditional Austrian principle of Proporz (the dividing of political offices according to the respective strengths and interests of the parties), parties name individuals to posts of particular concern to them. For example, if the SPÖ is a member of the coalition, at a minimum it names the minister for labor and social affairs, in keeping with the strong support it enjoys from the trade unions. By the same token, if the ÖVP is part of the coalition, it names the minister for agriculture and forestry because farmers are one of its main interest groups. The chancellor and vice chancellor do not have total control over the selection process for filling cabinet positions. For example, the SPÖ faction in the Austrian Trade Union Federation (Österreichischer Gewerkschaftsbund--ÖGB) usually chooses the minister for labor and social affairs, and the ÖVP is careful to allow its various auxiliary associations and provincial parties to make certain selections. Beginning in 1987, the ÖVP and SPÖ have followed a practice of selecting an independent to head the Ministry for Justice.
The cabinet is subject to dismissal by the president and the Nationalrat. The president can dismiss the entire cabinet without the concurrence of the chancellor, but removal of individual members requires the recommendation of the chancellor. If the Nationalrat passes a vote of no confidence--which requires that one-half of the deputies be present--concerning the entire cabinet or a minister, the cabinet or minister is removed from office.
State secretaries are appointed and leave office in the same manner as ministers, but each government ministry does not have a state secretary. State secretaries aid ministers in parliamentary business and are bound by their ministers' instructions. They are nonvoting participants in cabinet sessions. A state secretary is not necessarily a member of the same party as the minister he serves.
In most respects, the chancellor functions as first among equals in the cabinet. He coordinates the work of the cabinet but is not entitled to give orders to individual ministers. However, the chancellor's power varies depending on political circumstances and his own political gifts. In a coalition government, the chancellor shares coordinating duties with the vice chancellor, who is the leader of the junior party in the coalition. If the chancellor heads a one-party government, his or her leeway to make decisions is increased. During the long period of rule under Chancellor Bruno Kreisky (1970-83), the public visibility of the chancellor was enhanced through the increased use of television. From the standpoint of the public, the chancellor had become the dominant figure of government.
On recommendation by the chancellor, the president appoints individuals to the various cabinet positions. Cabinet members do not have to be members of the Nationalrat, but they must be eligible to be elected to it. Persons chosen as cabinet ministers are usually leading members of a political party or interest group. Occasionally, however, a person has entered the cabinet from a high-level civil service position.
The number of ministries varies; in 1993 there were fourteen ministries. In a coalition government, the apportionment of the cabinet posts is roughly proportional to the parties' respective strengths in the Nationalrat. The awarding of particular posts is based on a coalition agreement reached between the two parties.
In keeping with the traditional Austrian principle of Proporz (the dividing of political offices according to the respective strengths and interests of the parties), parties name individuals to posts of particular concern to them. For example, if the SPÖ is a member of the coalition, at a minimum it names the minister for labor and social affairs, in keeping with the strong support it enjoys from the trade unions. By the same token, if the ÖVP is part of the coalition, it names the minister for agriculture and forestry because farmers are one of its main interest groups. The chancellor and vice chancellor do not have total control over the selection process for filling cabinet positions. For example, the SPÖ faction in the Austrian Trade Union Federation (Österreichischer Gewerkschaftsbund--ÖGB) usually chooses the minister for labor and social affairs, and the ÖVP is careful to allow its various auxiliary associations and provincial parties to make certain selections. Beginning in 1987, the ÖVP and SPÖ have followed a practice of selecting an independent to head the Ministry for Justice.
The cabinet is subject to dismissal by the president and the Nationalrat. The president can dismiss the entire cabinet without the concurrence of the chancellor, but removal of individual members requires the recommendation of the chancellor. If the Nationalrat passes a vote of no confidence--which requires that one-half of the deputies be present--concerning the entire cabinet or a minister, the cabinet or minister is removed from office.
State secretaries are appointed and leave office in the same manner as ministers, but each government ministry does not have a state secretary. State secretaries aid ministers in parliamentary business and are bound by their ministers' instructions. They are nonvoting participants in cabinet sessions. A state secretary is not necessarily a member of the same party as the minister he serves.
Nationalrat
The Nationalrat (National Council), the lower house of parliament, exercises all of the powers usually associated with a national legislature. It has the power to remove the entire cabinet or individual members of it by a vote of no confidence. All legislation and treaties must be approved by the Nationalrat. Before a vote can take place, at least one-third of the Nationalrat's members must be present. A simple majority suffices for the passage of legislation. Sessions are public unless the deputies determine otherwise.
Deputies elect a president and second and third presidents from among their members to serve during the four-year legislative term. Party leaders who are members of their party's executive and of a parliamentary faction that serves as a liaison between parliament and a political party are most likely to be presidential candidates. The president and the third president belong to the same party, usually the party holding the most seats in the Nationalrat. The second president belongs to the other major party. Presidential duties include nominating employees of the Federal Chancellery, whose staff serves the three presidents. The three presidents preside over plenary sessions in two-hour shifts. They also join with the chairmen of the parliamentary factions to form the Presidial Conference, which directs the Nationalrat's activities and decides the time and agenda of plenary sessions and, to a lesser extent, the time and agenda of the committees. The Presidial Conference is one of the rare groups not affected by the custom of proportional representation. All parties holding seats in the Nationalrat are represented on the conference.
In 1993 the Nationalrat contained roughly fifteen committees in which legislative proposals are both prepared and examined and the results of parliamentary investigations considered. Each committee has various numbers of subcommittees assigned to deal with specific kinds of legislation. In addition to the committees, there are also the Main Committee and the Permanent Subcommittee, the members of which are elected at the start of each new legislative period. The Main Committee has responsibility for overseeing aspects of the state-run industries and for dispatching Austrian troops on international peacekeeping missions. It also participates in deciding the date for Nationalrat elections and setting rates for postal and telephone services. The president of the Nationalrat serves as chairman of the Main Committee. The Permanent Subcommittee plays a limited role because its main function is to fulfill the duties of the Main Committee in the case of the dissolution of the Nationalrat by the president.
Equally as important as the committees are the Klubs (factions), which all parties in the Nationalrat maintain. The factions usually have a leader and an executive committee, and they provide deputies with a behind-the-scenes setting to discuss political strategy with like-minded colleagues. Individuals elected as deputies to the Nationalrat automatically become members of their party's faction. Faction leaders assign deputies to committees and decide on the questions that are to be asked during debates and the priority for legislative initiatives.
In addition to the work of the committees, another important function of the Nationalrat is to question the government regularly on its activities and legislative proposals. One device frequently employed is an "interpellation," which summons for questioning before the Nationalrat a particular cabinet minister or government official. A minimum of twenty deputies is required to set an interpellation in motion. Questioning a government official is the prelude to a parliamentary debate on the issue.
A 1970 amendment to the election laws increased the number of Nationalrat seats from 165 to 183. Seats in the Nationalrat are divided among the country's nine provinces according to population. Deputies serve a four-year term and are elected according to constitutional and other federal laws. Candidates must be at least twenty years old on January 1 of the election year and must also be eligible to vote.
The Nationalrat has only one session per year, beginning no earlier than September 15 and ending no later than July 15. An extraordinary session of the Nationalrat can be convoked either by order of the federal president, by request of the cabinet, or by request of one-third of the deputies. Once a request has been made, the extraordinary session must commence within two weeks. After a parliamentary election, the newly elected Nationalrat must be convened within thirty days.
The Nationalrat can be dissolved either by presidential action or by itself. The president can dissolve the Nationalrat at the chancellor's request, but he is limited to dismissing it only once for the same reason. New elections must be held soon enough to enable the new parliament to convene within 100 days of the dissolution. The Nationalrat is empowered to dissolve itself by a simple majority vote.
During the Second Republic, membership of the Nationalrat has been heavily weighted toward men who come from white-collar professions. Changes in the sociological profile of the deputies have occurred slowly. The Nationalrat elected in November 1990 contained a record 22 percent of female deputies. Prior to this election, female deputies had never accounted for more than 15 percent of the total number of deputies. The average age of the deputies elected in 1990 was forty-six. Almost 40 percent of the deputies elected in 1990 were university graduates, and 25 percent were employees of political parties, politically oriented interest groups, or social welfare organizations.
The majority of legislative proposals originate in the executive. Legislation occasionally starts in the Nationalrat, but the close cooperation between the executive and the majority party in parliament makes such initiation unnecessary most of the time. During the Second Republic, governmental legislative proposals have outnumbered Nationalrat initiatives by three to one. Parliament's role in the legislative process is focused more on bringing to public attention the background of the government's legislative proposals and exposing any mistakes the government may have made. Opposition parties have the right to force the government to answer any questions about pending legislation.
Before a bill is introduced in parliament, it has already passed through an intensive process of examination. The government solicits comments from the various interest groups affected by the bill, especially the chambers of agriculture, commerce, and labor. During this stage, a bill frequently is modified to meet the objections of key interest groups and opposition parties in parliament. Changes to legislative proposals may also be made after a bill has been introduced in the Nationalrat, but the majority of changes are made before the bill is introduced officially. Bills are amended significantly by the parliament only 10 to 15 percent of the time.
By West European standards, the percentage of bills passed unanimously by the Austrian parliament is high. Unanimity prevailed anywhere between 38 and 49 percent of the time during the parliaments of the 1970s and 1980s. In the late 1980s and early 1990s, with the advent of the Greens in parliament and the increased power of the FPÖ, unanimity was on the decline.
As the complexity of the issues facing government has increased, so too has the importance of committees to the parliament's work. After a bill reaches the Nationalrat, it is assigned to a committee and frequently also to a subcommittee. Deputies typically spend twice as much time in committee hearings as in plenary sessions. The subcommittees hold even more hours of hearings than the full committees. Because of the unwieldy nature of plenary sessions, 80 percent of changes to government legislation occur in committee.
In 1975 the Nationalrat amended its procedures to give the opposition and smaller parties a greater role in the legislative process. Under the 1975 amendments, one-third of the deputies can request the Constitutional Court to review a law for constitutionality. Further, one-third of the deputies can request the government's accounting agency to conduct an audit of a government agency. These changes reflect the intensification of political competition that occurred in the Nationalrat after the long period of grand coalition governments between the two major parties ended in 1966. The ÖVP, as the major opposition party during the era of SPÖ rule (1970-83), led the drive for greater rights for minority parties.
Deputies elect a president and second and third presidents from among their members to serve during the four-year legislative term. Party leaders who are members of their party's executive and of a parliamentary faction that serves as a liaison between parliament and a political party are most likely to be presidential candidates. The president and the third president belong to the same party, usually the party holding the most seats in the Nationalrat. The second president belongs to the other major party. Presidential duties include nominating employees of the Federal Chancellery, whose staff serves the three presidents. The three presidents preside over plenary sessions in two-hour shifts. They also join with the chairmen of the parliamentary factions to form the Presidial Conference, which directs the Nationalrat's activities and decides the time and agenda of plenary sessions and, to a lesser extent, the time and agenda of the committees. The Presidial Conference is one of the rare groups not affected by the custom of proportional representation. All parties holding seats in the Nationalrat are represented on the conference.
In 1993 the Nationalrat contained roughly fifteen committees in which legislative proposals are both prepared and examined and the results of parliamentary investigations considered. Each committee has various numbers of subcommittees assigned to deal with specific kinds of legislation. In addition to the committees, there are also the Main Committee and the Permanent Subcommittee, the members of which are elected at the start of each new legislative period. The Main Committee has responsibility for overseeing aspects of the state-run industries and for dispatching Austrian troops on international peacekeeping missions. It also participates in deciding the date for Nationalrat elections and setting rates for postal and telephone services. The president of the Nationalrat serves as chairman of the Main Committee. The Permanent Subcommittee plays a limited role because its main function is to fulfill the duties of the Main Committee in the case of the dissolution of the Nationalrat by the president.
Equally as important as the committees are the Klubs (factions), which all parties in the Nationalrat maintain. The factions usually have a leader and an executive committee, and they provide deputies with a behind-the-scenes setting to discuss political strategy with like-minded colleagues. Individuals elected as deputies to the Nationalrat automatically become members of their party's faction. Faction leaders assign deputies to committees and decide on the questions that are to be asked during debates and the priority for legislative initiatives.
In addition to the work of the committees, another important function of the Nationalrat is to question the government regularly on its activities and legislative proposals. One device frequently employed is an "interpellation," which summons for questioning before the Nationalrat a particular cabinet minister or government official. A minimum of twenty deputies is required to set an interpellation in motion. Questioning a government official is the prelude to a parliamentary debate on the issue.
A 1970 amendment to the election laws increased the number of Nationalrat seats from 165 to 183. Seats in the Nationalrat are divided among the country's nine provinces according to population. Deputies serve a four-year term and are elected according to constitutional and other federal laws. Candidates must be at least twenty years old on January 1 of the election year and must also be eligible to vote.
The Nationalrat has only one session per year, beginning no earlier than September 15 and ending no later than July 15. An extraordinary session of the Nationalrat can be convoked either by order of the federal president, by request of the cabinet, or by request of one-third of the deputies. Once a request has been made, the extraordinary session must commence within two weeks. After a parliamentary election, the newly elected Nationalrat must be convened within thirty days.
The Nationalrat can be dissolved either by presidential action or by itself. The president can dissolve the Nationalrat at the chancellor's request, but he is limited to dismissing it only once for the same reason. New elections must be held soon enough to enable the new parliament to convene within 100 days of the dissolution. The Nationalrat is empowered to dissolve itself by a simple majority vote.
During the Second Republic, membership of the Nationalrat has been heavily weighted toward men who come from white-collar professions. Changes in the sociological profile of the deputies have occurred slowly. The Nationalrat elected in November 1990 contained a record 22 percent of female deputies. Prior to this election, female deputies had never accounted for more than 15 percent of the total number of deputies. The average age of the deputies elected in 1990 was forty-six. Almost 40 percent of the deputies elected in 1990 were university graduates, and 25 percent were employees of political parties, politically oriented interest groups, or social welfare organizations.
The majority of legislative proposals originate in the executive. Legislation occasionally starts in the Nationalrat, but the close cooperation between the executive and the majority party in parliament makes such initiation unnecessary most of the time. During the Second Republic, governmental legislative proposals have outnumbered Nationalrat initiatives by three to one. Parliament's role in the legislative process is focused more on bringing to public attention the background of the government's legislative proposals and exposing any mistakes the government may have made. Opposition parties have the right to force the government to answer any questions about pending legislation.
Before a bill is introduced in parliament, it has already passed through an intensive process of examination. The government solicits comments from the various interest groups affected by the bill, especially the chambers of agriculture, commerce, and labor. During this stage, a bill frequently is modified to meet the objections of key interest groups and opposition parties in parliament. Changes to legislative proposals may also be made after a bill has been introduced in the Nationalrat, but the majority of changes are made before the bill is introduced officially. Bills are amended significantly by the parliament only 10 to 15 percent of the time.
By West European standards, the percentage of bills passed unanimously by the Austrian parliament is high. Unanimity prevailed anywhere between 38 and 49 percent of the time during the parliaments of the 1970s and 1980s. In the late 1980s and early 1990s, with the advent of the Greens in parliament and the increased power of the FPÖ, unanimity was on the decline.
As the complexity of the issues facing government has increased, so too has the importance of committees to the parliament's work. After a bill reaches the Nationalrat, it is assigned to a committee and frequently also to a subcommittee. Deputies typically spend twice as much time in committee hearings as in plenary sessions. The subcommittees hold even more hours of hearings than the full committees. Because of the unwieldy nature of plenary sessions, 80 percent of changes to government legislation occur in committee.
In 1975 the Nationalrat amended its procedures to give the opposition and smaller parties a greater role in the legislative process. Under the 1975 amendments, one-third of the deputies can request the Constitutional Court to review a law for constitutionality. Further, one-third of the deputies can request the government's accounting agency to conduct an audit of a government agency. These changes reflect the intensification of political competition that occurred in the Nationalrat after the long period of grand coalition governments between the two major parties ended in 1966. The ÖVP, as the major opposition party during the era of SPÖ rule (1970-83), led the drive for greater rights for minority parties.
Bundesrat
The interests of Austria's nine provinces are represented at the federal level in the Bundesrat (Federal Council), the upper house of parliament. The Bundesrat has sixty-three seats, which are apportioned among the provinces on the basis of population. Each province is guaranteed at least three seats. As of late 1993, the breakdown of seats was as follows: Vienna and Lower Austria had twelve each; Styria and Upper Austria, ten each; Tirol, five; Carinthia and Salzburg, four each; and Burgenland and Vorarlberg, three each. The members of the Bundesrat are elected by the provincial legislatures on the basis of proportional representation. At least one seat must be given to the party having the second largest number of seats in the provincial legislature. If several parties have the same number of seats, the party that won the second largest number of votes in the last provincial election is awarded a seat in the Bundesrat.
The main purpose of the Bundesrat is to protect provincial interests, but its powers are restricted because the government is not answerable to it. All laws passed by the Nationalrat must be presented to the Bundesrat for review. However, the Bundesrat can at most delay the passage of laws by means of a suspensive veto. In such a case, the bill is sent back to the Nationalrat, which can override the Bundesrat's veto by reapproving the bill. Once this is done, the bill becomes law. In 1984 the body's powers were increased by a constitutional amendment that required approval by two-thirds of the Bundesrat to any proposed constitutional change in the distribution of competencies between the federal government and the provinces. Despite this change, the Bundesrat remains a weak institution.
The main purpose of the Bundesrat is to protect provincial interests, but its powers are restricted because the government is not answerable to it. All laws passed by the Nationalrat must be presented to the Bundesrat for review. However, the Bundesrat can at most delay the passage of laws by means of a suspensive veto. In such a case, the bill is sent back to the Nationalrat, which can override the Bundesrat's veto by reapproving the bill. Once this is done, the bill becomes law. In 1984 the body's powers were increased by a constitutional amendment that required approval by two-thirds of the Bundesrat to any proposed constitutional change in the distribution of competencies between the federal government and the provinces. Despite this change, the Bundesrat remains a weak institution.
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