Austria's Constitution: Does It Exist?

Austria has been governed by multiple constitutions throughout its history, including the Pillersdorf Constitution in 1848, the irrevocable Stadion Constitution from 1848 to 1851, the October Diploma in 1860, and the February Patent from 1861 until 1865. The current Federal Constitution of Austria, enacted in 1920 and reinstated in 1945, defines the country as a bicameral parliamentary democracy with a near-complete separation of powers. It consists of the Federal Constitutional Law (B-VG) and various other federal constitutional laws and provisions. The B-VG, which forms the centerpiece of the constitution, does not include a bill of rights, but civil liberties are outlined in other constitutional pieces of legislation, including the Basic Law on the General Rights of Citizens of 1867.

Austria's Federal Constitution

The Federal Constitution of Austria (German: Österreichische Bundesverfassung) is the body of all constitutional law of the Republic of Austria on the federal level. It was passed by the Constituent National Assembly on 1 October 1920 and has been amended many times since. The constitution is split over many different acts, with its centrepiece being the Federal Constitutional Law (Bundes-Verfassungsgesetz) (B-VG), which includes the most important federal constitutional provisions.

The Republic of Austria is a democratic republic, with laws that emanate from the people. All citizens of Austria are equal before the law, with no distinctions of birth, gender, status, class or religion. German is the official language of the Republic, but specific rights have been accorded by federal law to recognised linguistic minorities.

Austria is a federal state, comprised of nine independent federal states (the so-called Länder): Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tirol, Vorarlberg and Vienna. 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.

The Federal Constitution defines Austria as a bicameral parliamentary democracy with near-complete separation of powers. The Federal President is the head of state and is elected by popular vote for a term of six years and limited to two consecutive terms of office. The President is responsible for appointing the Federal Chancellor and the cabinet, a body consisting of the federal chancellor and a number of ministers. The Federal Chancellor is the head of government.

The Austrian Federal Constitution was reinstated on 1 May 1945, following the annexation of Austria by Nazi Germany in 1938.

The Basic Law of 1867

The law also included provisions for the secrecy of letters and telecommunications, the right to petition, freedom of assembly and association, freedom of expression and censorship, and freedom of belief and conscience. It ensured that the enjoyment of civic and political rights was independent of religious belief.

Additionally, the Basic Law of 1867 emphasised the freedom of knowledge and its teaching, the right to choose one's vocation and receive relevant training, and artistic freedom.

The Federal President's powers

The Federal President of Austria is the head of state of the Republic of Austria. The office of the president was established in 1920, and the role has varied drastically over time. 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 is the only representative of the entire country who is elected directly by the population. The President is elected by popular vote for a term of six years and is limited to two consecutive terms of office. The President is also the only person legally able to remove any Cabinet member (including the chancellor) from office.

• The appointment of the chancellor, the vice-chancellor, and the ministers, which collectively form the Cabinet of Austria.
• The power to remove the chancellor and the entire Cabinet.
• The power to dissolve the National Council and the State Legislatures.
• The power to rule by decree and oversee the Armed Forces.
• The power to sign bills into law.
• The power to appoint justices of the Supreme Courts.
• The power to sign treaties.
• The power to exercise various ceremonial duties.

The Austrian legal system

The Austrian Federal Constitution

At the top of the hierarchy is the Austrian Federal Constitution, which establishes Austria as a representative democracy with a two-chamber parliamentary system. The Federal Constitution is split over many different acts, with its centrepiece being the Federal Constitutional Law (Bundes-Verfassungsgesetz) (B-VG). The B-VG includes the most important federal constitutional provisions, but there are also many other 'federal constitutional laws' and individual provisions in statutes and treaties that are designated as constitutional.

Public Law and Private Law

Austrian law is divided into public law and private law.

Public Law

Public law governs the relationship between the government and society and includes the legal relations between individuals that are of direct concern to society. It includes constitutional law, administrative law, tax law, and international law.

Private Law

Private law regulates the legal relations of citizens with each other and with the state. It covers important legal aspects of everyday life, such as family, marriage, inheritance, property, and damage compensation. Private law is divided into general private law, which applies to all persons, and specialised forms of civil law, which apply only to specific categories, such as commercial law, competition law, transport law, consumer protection law, and employment law.

Criminal Law

Criminal law is a branch of public law that defines criminal acts and sets out the respective penalties. The most important criminal law regulations are contained in the Austrian Criminal Code (StGB).

The Austrian Court System

The Austrian court system includes ordinary courts, public prosecution offices, prisons, probationary facilities, the Federal Cartel Prosecutor, and the Supervisory Authority for Collecting Societies. The Austrian judiciary is strictly separated from the administrative system at all levels.

The Constitutional Court and the Administrative Court

The Constitutional Court and the Administrative Court have a special position within the Austrian judicial system. The Constitutional Court's primary task is to monitor compliance with the Constitution, including fundamental rights, while the Administrative Court is responsible for monitoring the lawfulness of the public administration as a whole.

The nine states of Austria

Austria is a federal republic consisting of nine federal states. The nine states are:

• Vienna: Vienna doubles as a Bundesland and the capital city of Austria. It is the largest city/state with a population of approximately 1.9 million people.
• Lower Austria: Lower Austria is the country's largest state by area, covering 7,408 square miles. It is the second-largest state in Austria with a population of approximately 1.6 million people.
• Upper Austria: Upper Austria is the third most populous state in Austria with a population of approximately 1.4 million people. It is the fourth most extensive state with an area of about 4,626 square miles.
• Styria: Styria is situated in Southeast Austria and covers an area of about 6,332 square miles, making it the second-largest state after Lower Austria. It has a population of approximately 1.2 million people.
• Tyrol: Tyrol, located in Western Austria, is the third-largest state by land area, covering approximately 4,897 square miles. The state has a population of about 750,0000 people.
• Carinthia: Carinthia is the fifth-largest state in Austria with a population of approximately 560,000 people.
• Salzburg: Salzburg is coterminous with the former Austro-Hungarian Duchy of Salzburg. It has a population of about 540,000 people.
• Vorarlberg: Vorarlberg is made up of territories acquired by the House of Habsburg in the 14th and 15th centuries. It is the smallest state in Austria with a population of about 390,000 people.
• Burgenland: Burgenland is made up of the predominantly German-speaking area that the Kingdom of Hungary ceded to the First Austrian Republic after World War I. It has a population of about 280,000 people.

Each Austrian federal state has an elected legislature, the federal state parliament, and a federal state government (Landesregierung) headed by a governor (Landeshauptmann or Landeshauptfrau). The federal state constitution determines how the seats in the federal state government are assigned to political parties. The states also have their own constitution, which, among other things, determines the allocation of seats among the political parties.

Frequently asked questions