The current one, with the substantial assistance of H. Kelsen The drafted constitution of the Republic of Austria dates from October 1st, 1920. It was fundamentally changed in 1929, abolished in 1934 in favor of a corporate state constitution and re-enacted in 1945. Since then, the main law, the Federal Constitutional Law (B-VG), has been modified several times. In addition to the B-VG and the special federal constitutional laws, normal laws and international treaties also contain constitutional provisions. For the 9 Austrian federal states, the B-VG contains detailed regulations of their state organization, which the state constitutions and the special state constitutional laws that apply alongside these may not contradict. Common to all constitutional provisions are the more difficult amendment conditions (two-thirds majority) and the obligation to expressly designate it as a constitutional law (or constitutional provision). A referendum is also necessary to change or restrict the “basic principles of the constitution” (democracy, republican form of government, federal and constitutional state). On February 23, 2005, the Austria Convention, which has been in session since 2003, presented the draft of a new federal constitution.
According to act-test-centers, Austria is a parliamentary-democratic Federal Republic with elements of a presidential system. The B-VG provides for plebiscite elements, referendums, and polls. The constitution is based on the principle of the separation of powers: legislation, administration (executive) and jurisdiction are assigned to separate organs, the tasks of legislation and administration are also divided between federal and state organs, with the federal government having the most and most important legislative tasks. According to the federal principle, only that which has not been expressly assigned to the federal government is a matter for the federal states. The federal government alone has jurisdiction. »Member state agreements« are possible between the states as well as between the states and the federal government. In addition, the countries can in matters which fall within their sphere of activity, conclude international treaties with states bordering Austria or their sub-states. Austria is committed to constitutional state objectives, among other things. for comprehensive national defense, for environmental protection, for the free establishment, existence and diversity of political parties and declares radio (including television) to be a public task.
The head of state and commander-in-chief of the armed forces is the federal president, who is directly elected by the people for a period of 6 years (re-election possible). He appoints the Federal Chancellor as chairman of the federal government and, on his proposal, the other members of the cabinet. The federal government, as the executive branch, is responsible to the National Council.
The Green politician A. Van der Bellen has been Federal President since 2017. The conservative right-wing populist government under Federal Chancellor S. Kurz , sworn in at the end of 2017, pursued a stricter migration and asylum policy, cut social benefits and overturned the targeted smoking ban in restaurants at the instigation of the FPÖ. In 2018, the unemployment rate was one of the lowest in Europe. In Kurz’s pro-European course, Austria took over the EU Presidency in the second half of 2018. The coalition achieved good popularity ratings, but broke up after 17 months. A coalition of the ÖVP and the Greens has been in power since January 2020, headed by Chancellor S. Kurz . The government program focuses on the fight against illegal migration and measures for climate protection.
Federal legislation is elected by the National Council (183 members, elected for 5 years according to the principles of proportional representation, a four percent clause applies) and the Federal Council (62 members, elected by the state parliaments of the federal states, weighted according to the size of the population and the corresponding party proportion there) exercised. The Federal Council, as the chamber of states, can only delay legislative resolutions of the National Council through its objection, not prevent them (the National Council can pass a persistent resolution, provided that the jurisdiction of the states is not restricted). The National Council and the Federal Council together form the Federal Assembly, which essentially has ceremonial tasks; it is primarily responsible for the ceremonial inauguration of the Federal President. In addition to federal legislation, the National Council is responsible for the political control of the federal government (vote of no confidence, committee of inquiry, right to ask questions). Federal laws are notarized by the Federal President and promulgated by the Federal Chancellor in the Federal Law Gazette. Legislation, like the enforcement of laws, is bound by the fundamental rights that are anchored outside of the B-VG in the State Basic Law on the General Rights of Citizens of 1867, in the European Convention on Human Rights (both have constitutional status) and in several constitutional provisions.
A federal administrative court, a federal finance court and provincial administrative courts (from 2014, before that from 1991 independent administrative senates of the federal states) as well as an administrative and a constitutional court (both based in Vienna) are appointed as “guarantees of the constitution and administration”. The Constitutional Court (consisting of the President, the Vice-President and 12 other members who are appointed by the Federal President for an unlimited period [up to the age of 70] on the proposal of the Federal Government, the National Council and the Federal Council) checks the legality of laws, ordinances and international treaties and makes decisions on conflicts of jurisdiction between state organs, is an electoral and state court (ministerial indictment) as well as guardian of constitutionally guaranteed rights.
Reference to international law: Although Austria voluntarily declared its permanent neutrality in connection with the State Treaty of Vienna (1955) by B-VG of October 26, 1955 (Article 9 a), it can become a member of international organizations, join international treaties and establish special economic relationships. Austria, for example, B. joined the EU with effect from January 1, 1995, and undertook constitutionally to participate in the common foreign and security policy and to take measures that would suspend economic relations with third countries.
Austria: Mandates in the National Council elections
| Mandates 1) and percentage of parties in the National Council elections in Austria (1945-2019) | |||||||||||||||||||
| Political party | 11/25/1945 | October 9, 1949 | February 22, 1953 | May 13, 1956 | May 10, 1959 | 11/18/1962 | March 6, 1966 | 1.3.1970 | 10/10/1971 | ||||||||||
| ÖVP | 85 | (49.8) | 77 | (44.0) | 74 | (41.3) | 82 | (46.0) | 79 | (44.2) | 81 | (45.4) | 85 | (48.4) | 78 | (44.7) | 80 | (43.1) | |
| SPÖ | 76 | (44.6) | 67 | (38.7) | 73 | (42.1) | 74 | (43.0) | 78 | (44.8) | 76 | (44.0) | 74 | (42.6) | 81 | (48.4) | 93 | (50.0) | |
| KPÖ | 4th | (5.4) | 5 | (5.1) | 4th | (5.3) | 3 | (4.4) | – | (3.3) | – | (3.0) | – | (0.4) | – | (1.0) | – | (1.3) | |
| VdU | – | (-) | 16 | (11.7) | 14th | (11.0) | – | (-) | – | (-) | – | (-) | – | (-) | – | (-) | – | (-) | |
| FPÖ | – | (-) | – | (-) | – | (-) | 6th | (6.5) | 8th | (7.7) | 8th | (7.1) | 6th | (5.3) | 6th | (5.5) | 10 | (5.4) | |
| DFP | – | (-) | – | (-) | – | (-) | – | (-) | – | (-) | – | (-) | – | (3.3) | – | (-) | – | (-) | |
| Other | – | (0.2) | – | (0.5) | – | (0.4) | – | (0.1) | – | (0.1) | – | (0.5) | – | (-) | – | (0.5) | – | (0.1) | |
| Political party | October 5, 1975 | May 10, 1979 | April 24, 1983 | 11/23/1986 | October 7, 1990 | 10/9/1994 | December 17, 1995 3) | 10/3/1999 | 11/24/2002 | ||||||||||
| ÖVP | 80 | (42.9) | 77 | (41.9) | 81 | (43.2) | 77 | (41.3) | 60 | (32.1) | 52 | (27.7) | 52 | (28.3) | 52 | (26.9) | 79 | (42.3) | |
| SPÖ | 93 | (50.4) | 95 | (51.0) | 90 | (47.6) | 80 | (43.1) | 80 | (42.8) | 65 | (34.9) | 71 | (38.1) | 65 | (33.2) | 69 | (36.5) | |
| FPÖ | 10 | (5.4) | 11 | (6.0) | 12th | (4.9) | 18th | (9.7) | 33 | (16.6) | 42 | (22.5) | 41 | (22.0) | 52 | (26.9) | 18th | (10.0) | |
| Green / Alternative 2) | – | (-) | – | (-) | – | (1.3) | 8th | (4.8) | 10 | (4.8) | 13th | (7.3) | 10 | (5.5) | 14th | (7.4) | 17th | (9.5) | |
| Liberal Forum (LiF) | – | (-) | – | (-) | – | (-) | – | (-) | – | (-) | 11 | (6.0) | 9 | (4.8) | – | (3.6) | – | (1.0) | |
| Other | – | (1.3) | – | (0.9) | – | (0.7) | – | (0.8) | – | (4.4) | – | (1.9) | – | (1.7) | – | (2.0) | – | (0.7) | |
| Political party | October 1, 2006 | 9/28/2008 | 29.9.2013 | October 15, 2017 | 29.9.2019 | ||||||||||||||
| ÖVP | 66 | (34.3) | 51 | (26.0) | 47 | (24.0) | 62 | (31.5) | 71 | (37.5) | |||||||||
| SPÖ | 68 | (35.3) | 57 | (29.3) | 52 | (26.8) | 52 | (26.9) | 40 | (21.2) | |||||||||
| FPÖ | 21 | (11.0) | 34 | (17.5) | 40 | (20.5) | 51 | (26.0) | 31 | (16.2) | |||||||||
| Green | 21 | (11.1) | 20th | (10.4) | 24 | (12.4) | – | (3.8) | 26th | (13.9) | |||||||||
| BZÖ | 7th | (4.1) | (10.7) | – | (3.5) | – | – | – | (0.0) | ||||||||||
| Team Stronach | – | – | – | – | 11 | (5.7) | – | – | – | – | |||||||||
| NEOS | – | – | – | – | 9 | (5.0) | 10 | (5.3) | 15th | (8.1) | |||||||||
| List mushroom | – | – | – | – | – | – | 8th | (4.4) | – | (1.9) | |||||||||
| Other | – | (5.0) | – | (6.1) | – | (2.1) | – | (2.1) | – | (3.2) | |||||||||
| 1) Up to 1970, 165 mandates have been awarded since 1971.2) Various list connections.
3) Taking into account the re-election of October 13, 1996. |
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