Austria's Constitutional Journey: A Nation's Foundation

Austria has a constitution, which defines the country as a bicameral parliamentary democracy with a near-complete separation of powers. The Federal Constitution of Austria is made up of many different acts, with the Federal Constitutional Law (Bundes-Verfassungsgesetz) at its centre. The constitution has undergone many amendments and revisions over time, with Austria being governed by multiple constitutions throughout history. The current constitution was first enacted in 1920, reinstated in 1945, and revised in 2009.

Austria's Federal Constitution

The Federal Constitution of Austria is the body of all constitutional law in the Republic of Austria. It was passed by the Constituent National Assembly on 1 October 1920 and was amended in 1929 to grant wider powers to the Federal President. The Constitution was reinstated on 1 May 1945, following the suspension of parliamentary democracy in 1933 and the occupation of Austria by the German Reich in 1938.

The Austrian Federal Constitution is split over many different acts. Its centerpiece is the Federal Constitutional Law (Bundes-Verfassungsgesetz) (B-VG), which includes the most important federal constitutional provisions. There are also many other 'federal constitutional laws' (Bundesverfassungsgesetze), as well as individual provisions in statutes and treaties that are designated as constitutional.

The Austrian Federal Constitution is a democratic document, with Article 1 of the Federal Constitutional Act stating:

> Austria is a democratic republic. Its laws emanate from the people.

The 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 Republic of Austria is comprised of nine independent federal states, or Länder: Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tirol, Vorarlberg and Vienna.

The Basic Law of 1867

The Basic Law on the General Rights of Nationals of the Kingdoms and Länder represented in the Council of the Realm, also known as the Basic Law of 1867, was a decree issued by Emperor Franz Josef on 21 December 1867. It was a response to pressure from liberal insurgents and was designed to guarantee the rights of Austrian citizens.

• Equality before the law, regardless of birth, gender, status, class, or religion.
• Freedom of movement within the state's boundaries and freedom of emigration, with some restrictions.
• Inviolability of property, with expropriation only possible in cases determined by law.
• Freedom of residence, the right to acquire and dispose of real property, and the freedom to practice any gainful activity, subject to legal conditions.
• Abolition of all liege bonds and thraldom.
• Guarantee of personal liberty and the protection of personal freedom.
• Inviolability of the rights of the home.
• Secrecy of letters and telecommunication.
• Right to petition.
• Right to assembly and to constitute associations.
• Freedom of expression, within the limits of the law, including freedom of the press and protection from censorship.
• Freedom of belief and conscience, with the enjoyment of civic and political rights independent of religious belief.
• Autonomy of recognised churches and religious societies to practice religion publicly, manage their internal affairs, and retain possession of their institutions, endowments, and funds.
• Freedom of knowledge, teaching, and artistic creativity.
• Right to choose one's vocation and to train for it.

Federal President's powers

The Federal President of Austria is the head of state and is elected by the Austrian people for a term of six years. The Federal President's powers were established in the 1929 constitutional amendment, which attributed more powers to the President than the Constitution of 1920.

The Federal President's powers include:

• Representing the Republic of Austria internationally
• Directing the implementation of treaties by issuing ordinances
• Receiving and accrediting envoys
• Sanctioning the appointment of foreign consuls
• Appointing the consular representatives of the Republic abroad
• Appointing Federal Ministers and Under-Secretaries of State
• Swearing in Federal Ministers and Under-Secretaries of State, and drawing up the instruments of appointment
• Dismissing and removing Federal Ministers and Under-Secretaries of State
• Assigning specific Federal Ministers to lead on particular matters that fall within the Federal Chancellery's competence
• Appointing a caretaker government or provisional Federal Ministers
• Swearing in the Governors of Austria's federal states
• Dissolving the parliaments of the federal states
• Removing the seat of the highest federal authorities from Vienna to another location within the federal territory for the duration of extraordinary circumstances
• Convening the National Council at a location within the federal territory other than Vienna for the duration of extraordinary circumstances
• Issuing provisional law-amending ordinances in times of crisis
• Convening and closing sessions of the National Council
• Convening the Federal Assembly
• Determining the number of members to be sent to the Federal Council by each federal state
• Ordering referenda
• Ordering public consultations
• Certifying that federal laws have been enacted in accordance with the Constitution
• Appointing the members of the Constitutional Court and numerous other public officials
• Serving as the Commander-in-Chief of the Austrian Armed Forces
• Having certain powers of disposal over the Austrian Armed Forces
• Conferring official titles upon federal civil servants and federal functionaries
• Having numerous individual powers to appoint persons pursuant to various federal laws
• Appointing ordinary judges and public prosecutors, as well as judges at federal public courts
• Swearing in the Presidents and Vice-Presidents of the Constitutional and Administrative Courts
• Enforcing the judgements of the Constitutional Court
• Having certain rights of pardon and the right to quash proceedings in individual cases of offences subject to prosecution in court
• Having the right to declare illegitimate children legitimate
• Conferring Decorations of Honour, including the Decoration of Honour for Services to the Republic of Austria and the Decoration of Honour for Science and Art
• Creating and conferring professional titles
• Approving Promotio sub auspiciis Praesidentis rei publicae and conferring the Ring of Honour upon doctoral graduates
• Conferring the second-highest official or administrative title upon civil servants upon retirement

State constitutions

Austria has been governed by multiple constitutions over the years. The current Constitution of Austria, drafted in 1920, is split into many different acts. Its centerpiece is the Federal Constitutional Law (Bundes-Verfassungsgesetz, or B-VG), which includes the most important federal constitutional provisions. The B-VG was based on drafts by Hans Kelsen and was first enacted on October 1, 1920.

The Austrian legal system is made up of thousands of constitutional provisions, spread across numerous acts. This is partly due to the legislature enacting laws that were considered "constitutionally problematic", effectively protecting them from judicial review by the Constitutional Court.

The Austrian Constitution does not include a bill of rights. However, provisions on civil liberties are included in various other constitutional pieces of legislation. A very important part of Austria's canon of constitutional civil liberties originated as an imperatorial edict predating the current Constitution of Austria by roughly fifty years. This is because the framers of the Constitution in 1920 could not agree on a set of civil liberties to include in the constitution proper. As a lowest common denominator, they resorted to the Basic Law on the General Rights of Citizens (Staatsgrundgesetz über die allgemeinen Rechte der Staatsbürger) of 1867, which remains in place and is designated as constitutional law. Since then, other civil liberties have been set out in other constitutional laws, and Austria is a party to the European Convention of Human Rights, which has also been implemented as a directly applicable constitutional law.

Like the federation, each of the nine states of Austria has a constitution defining it as a republican entity governed according to the principles of representative democracy. The state constitutions congruently define the states as unicameral parliamentary democracies, with each state having a legislature elected by popular vote and a cabinet appointed by that legislature.

Austria's previous constitutions

Austria has been governed by multiple constitutions over the years. The first of these was the Pillersdorf Constitution, which was in place in 1848. This was followed by the "irrevocable" Stadion Constitution, which was in effect from 1848 to 1851. The next constitution was the October Diploma, which was enacted in 1860 and was followed by the February Patent, which was in place from 1861 until 1865.

The Basic Law on the General Rights of Citizens (Staatsgrundgesetz über die allgemeinen Rechte der Staatsbürger) of 1867 was designated as constitutional law and remained in place as the Austrofascist constitution until Austria was annexed by Nazi Germany in 1938. During this time, the constitution underwent several changes, including the addition of the May Constitution in 1934. After World War II, the Constitution of Austria was reinstated on May 1, 1945, with modifications enacted in 1929 remaining in effect.

The Federal Constitution of Austria (Österreichische Bundesverfassung) is the current body of all constitutional law in the Republic of Austria at the federal level. Its centerpiece is the Federal Constitutional Law (Bundes-Verfassungsgesetz) (B-VG), which includes the most important federal constitutional provisions. The B-VG was first enacted on October 1, 1920, and has since undergone hundreds of minor and major amendments and revisions.

In addition to the B-VG, there are many other 'federal constitutional laws' (Bundesverfassungsgesetze) and individual provisions in statutes and treaties that are designated as constitutional (Verfassungsbestimmung). These include the Federal Constitutional Act for a Nonnuclear Austria, the Federal Constitutional Act on the Elimination of Racial Discrimination, and the Federal Constitutional Act on Sustainability, Animal Protection, Comprehensive Environmental Protection, Water and Food Security, and Research.

Frequently asked questions