Austria's Upper House: Senators Or Something Else?

Austria's Parliament is bicameral, consisting of two chambers: the National Council (Nationalrat) and the Federal Council (Bundesrat). The Federal Council is often compared to an upper house or senate, but it is far less powerful than the National Council. The National Council is the predominant chamber, and the terms Parliament and National Council are used synonymously. The Federal Council can be overruled by the National Council in most cases, and its decisions can only delay legislation.

Austria's Federal Council

The Federal Council has 61 members, who are elected according to proportional representation by each of the Austrian states' legislatures (Landtage) for 5- to 6-year terms. The number of representatives from each state ranges from three to twelve, depending on the population. The composition of the Federal Council changes after every state election and the distribution of seats in the Austrian Landtage.

The Federal Council exercises legislative power at a federal level, alongside the National Council. It can raise objections to legislative decisions of the National Council, but these objections are usually only suspensive, meaning the National Council can override them. The Federal Council can only delay legislation, not prevent it. However, the Federal Council does have an absolute veto in some cases, such as legislation that would limit the powers of the states or of the Federal Council itself.

The Federal Council and the National Council together form a third parliamentary body, the Federal Assembly, which meets every six years for the swearing-in of the Federal President.

The Austrian Parliament

The National Council is the dominant (albeit 'lower') house in the Austrian Parliament, and consequently, the terms Parliament and National Council are often used synonymously. It is composed of 183 members elected through proportional representation in a general election. The legislative period lasts five years, and elections are held earlier if the National Council prematurely moves for its own dissolution.

The Federal Council is the upper house of the Austrian Parliament, representing the nine States of Austria at the federal level. It is elected indirectly through the provincial assemblies (Landtage) of the nine States of the Federal Republic and reflects the distribution of seats in the Austrian Landtage. The states are represented in the Federal Council roughly in accordance with the size of their populations. The Federal Council is made up of a president, elected for a term of six months, and two vice-presidents.

In specific cases, both houses convene as the Federal Assembly, a body whose function is mostly ceremonial in nature. The Federal Assembly convenes only rarely, for instance, to witness the inauguration of the Federal President. However, under exceptional circumstances, the Austrian constitution endows the Federal Assembly with significant responsibilities, such as its pivotal role in the hypothetical impeachment of a Federal President.

The Austrian political system

Austria is a democratic republic with a federal semi-presidential system. The territory of the Federal Republic consists of nine federal states or provinces (called Bundesland or Land in singular and Bundesländer or Länder in plural). Vienna is the federal capital and the seat of the supreme federal authorities.

The Austrian Parliament is the bicameral federal legislature of Austria. It consists of two chambers: the National Council (Nationalrat) and the Federal Council (Bundesrat). In specific cases, both houses convene as the Federal Assembly (Bundesversammlung). The Federal Assembly is mostly ceremonial and convenes for events such as the inauguration of the Federal President. The Austrian Parliament meets in the Austrian Parliament Building in Vienna.

The National Council is composed of 183 members elected through proportional representation in a general election. The legislative period lasts five years, and elections are held earlier if the National Council prematurely dissolves. The National Council is the dominant chamber in the Austrian Parliament, and the terms 'Parliament' and 'National Council' are often used synonymously.

The Federal Council is elected indirectly through the provincial assemblies (Landtage) of the nine States of the Federal Republic. The number of representatives from each state depends on its population, as ascertained by a regular census. The Federal Council has a suspensive right of veto in most cases, which can be overridden by the National Council. However, the Federal Council has absolute veto powers over bills intended to alter the powers of the states or the Federal Council itself.

Austria's head of state is the Federal President (Bundespräsident), who is elected by popular vote for a term of six years and is limited to two consecutive terms. The office of the Federal President is largely ceremonial, but the constitution allows the president to dismiss the cabinet as a whole or dissolve the National Council and call for new elections.

The head of the government is the Federal Chancellor (Bundeskanzler), who is appointed by the Federal President. The federal cabinet, which includes the Federal Chancellor and ministers appointed by the president on the recommendation of the chancellor, is responsible to the National Council and can be forced to resign through a motion of no-confidence.

The Austrian President

The Federal President of the Republic of Austria is the country's head of state. The current president is Alexander Van der Bellen, who was inaugurated on 26 January 2017 and re-elected in October 2022 for a second six-year term.

The president is elected by popular vote for a term of six years and is limited to two consecutive terms in office. Suffrage is universal for all Austrian citizens over the age of sixteen who have not been convicted of a jail term of more than one year of imprisonment. The president's workplace and official residence are located in the Leopoldine Wing of the Hofburg Imperial Palace in Vienna.

The role of the Austrian president has varied drastically over time. The office was established in 1920, and during the early first republic, the president was a powerless figurehead. In the late first republic, the president's power increased significantly, but this was short-lived as Austria became a dictatorship in 1934, and the presidency was abolished when Nazi Germany annexed the country in 1938.

Following World War II and the liberation of Austria by the Allies in 1945, the republican Constitution was restored, and with it, the office of the president. The president once again became the head of state, but this time, they chose to serve as a ceremonial and symbolic figurehead, allowing the chancellor to become the chief executive.

While the president's role is largely ceremonial, they do possess certain powers, including:

• The appointment of the chancellor, vice-chancellor, and ministers, who collectively form the Cabinet of Austria.
• Signing bills into law.
• Appointing justices of the Supreme Courts.
• Signing treaties.
• Dissolving the National Council and State Legislatures.
• Rule by decree in times of crisis.
• Serving as the Commander-in-Chief of the Austrian Armed Forces.
• Granting pardons and commutations.
• Conferring honorary titles and decorations.

The president is also responsible for offering moral support to the country, including facilitating the integration of minorities and protecting democracy. Extensive experience in politics, a steady positioning within the population, and competence in all spheres of life are seen as essential prerequisites for a presidential candidate.

The Austrian National Council

The Austrian Parliament is a bicameral federal legislature, consisting of two chambers: the National Council and the Federal Council. The National Council is the predominant chamber of the two and is commonly used synonymously with the Parliament.

The National Council is made up of 183 members, who are elected through proportional representation in a general election. Each Austrian aged 16 or older on the election day is entitled to one vote. The legislative period lasts five years, and elections may be held earlier if the National Council moves for its own dissolution.

The National Council is responsible for proposing, deliberating, and passing laws. It also has control functions, such as the ability to address specific questions to the Federal Government and to deny confidence to the Government or its members, forcing them to step down. The members of the National Council also see it as their duty to keep in touch with the public in their constituencies and to play an active role in Parliament's international activities.

The National Council is where Austria's federal legislative authority is concentrated. For a bill to become federal law, it must be resolved upon by this chamber. Bills passed by the National Council are sent to the Federal Council for corroboration. If the Federal Council approves the bill or does nothing for eight weeks, the bill has succeeded. If the Federal Council vetoes the bill, the National Council may still pass it into law by passing it again with a higher quorum than a regular resolution. The Federal Council only possesses an absolute veto over bills intended to alter the powers of the states or of the Federal Council itself.

The Austrian Constitution characterises the republic as a federation consisting of nine autonomous federal states. The federal legislative power is vested in the two chambers of Parliament, with the National Council holding far more power than the Federal Council.

Frequently asked questions