Austria's Tricameral Parliament: A Unique Governance System

Austria is a democratic republic with a federal parliamentary system. The Austrian Parliament is bicameral, consisting of two chambers: the National Council (Nationalrat) and the Federal Council (Bundesrat). The National Council is the main legislative body and is comprised of 183 members who are directly elected by Austrian citizens every five years. The Federal Council, on the other hand, is not directly elected by popular vote but by regional parliaments, reflecting the distribution of seats in the Austrian Landtage. It has 61 members and represents the interests of the nine federal states or provinces (Bundesland, Land; plural: Bundesländer, Länder) of Austria. In specific cases, both houses convene as the Federal Assembly (Bundesversammlung), a body with mostly ceremonial functions.

Austrian Parliament's two chambers

The Austrian Parliament is the bicameral federal legislature of Austria. It consists of two chambers: the National Council and the Federal Council.

The National Council is the dominant chamber in the Austrian Parliament, and the terms 'Parliament' and 'National Council' are commonly used synonymously. The National Council is composed of 183 members elected through proportional representation in a general election. The legislative period lasts five years, and elections may be held earlier if the National Council prematurely moves for its own dissolution.

The Federal Council, on the other hand, is the upper house of the Austrian Parliament. It represents the nine States of Austria at the federal level and is elected indirectly through the provincial assemblies (Landtage) of these states. The number of representatives delegated by each state ranges from three to twelve, depending on its population. The Federal Council has the right to veto federal laws passed by the National Council, but this veto can be overridden by the latter in most cases.

In specific cases, both houses of the Austrian Parliament convene as the Federal Assembly, a body whose function is mostly ceremonial. The Federal Assembly only convenes on rare occasions, such as the inauguration of the Federal President. However, under exceptional circumstances, the Austrian constitution grants it significant responsibilities, such as the hypothetical impeachment of a Federal President.

Federal Council's limited power

The Federal Council (Bundesrat) is the upper house of the Austrian Parliament, representing the nine States of Austria at the federal level. As part of a bicameral legislature alongside the National Council, it can be compared to an upper house or a senate. However, the Federal Council has far less power than the National Council. While it must approve every new law decided upon by the lower chamber, the National Council can, in most cases, overrule the Federal Council's refusal to approve.

The Austrian Constitution draws a strict distinction between federal and state legislation. It provides the Federal Council with only the right to veto federal laws passed by the National Council. In most cases, a Federal Council veto is just suspensive, meaning the National Council can override it by passing the law again through an ordinary resolution of at least half of its members. Therefore, the decisions of the Bundesrat can only delay legislation.

The Federal Council's approval is mandatory in the following cases:

• Constitutional laws or regulations limiting the competencies of the federal states
• Laws relating to the rights of the Federal Council itself
• Treaties concerning the jurisdiction of the federal states

The Federal Council and the National Council, if in joint session, form a third parliamentary body: the Federal Assembly. The Federal Assembly convenes for the oath of office of the President of Austria and for the swearing-in of the Federal President. It can also call a referendum on the removal of the president from office or bring the president before the Constitutional Court if it concludes that the president violated the constitution. Ultimately, the Federal Assembly is responsible for declaring war.

National Council's dominance

The Austrian Parliament is a bicameral federal legislature, consisting of two chambers: the National Council and the Federal Council. The National Council is the dominant chamber, or lower house, in the Austrian Parliament.

The National Council is where Austria's federal legislative authority is concentrated. 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. Each Austrian aged 16 or older on the election day is entitled to one vote. 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 force it into law by simply passing it again. The Federal Council does not have any real power to prevent the adoption of legislation, as the National Council can easily override it.

The Federal Council, on the other hand, is the upper house of the Austrian Parliament, representing the nine States of Austria at the federal level. It is made up of 61 members, elected indirectly through the provincial assemblies (Landtage) of the nine States of the Federal Republic. The deputies of the Federal Council have never achieved the status of a counterbalance in relation to the National Council. Over the decades, the role of the Federal Council as a mere adjunct of the Austrian parliament has led to several discussions upon regulatory reforms, towards an actual representation of the states' governments.

Federal Assembly's role

The Federal Assembly is the name given to a formal joint session of the two houses of the Austrian Parliament, the National Council and the Federal Council. The Federal Assembly does not function as a legislative body, and the two chambers enact legislation and even amend the constitution separately.

The Federal Assembly's role is mostly ceremonial. Since 1945, it has only met to swear in the elected President of Austria. The Assembly also convenes to witness the inauguration of the Federal President. However, under exceptional circumstances, the Austrian constitution grants the Federal Assembly significant responsibilities. For example, it can impeach the president before the Constitutional Court upon a two-thirds majority request by the National Council, or decide on a referendum to remove the president from office. The Assembly is also responsible for declaring war, although this power has never been exercised.

The Federal Council, or the upper house, represents the nine States of Austria at the federal level. It is far less powerful than the National Council, as the latter can overrule the Federal Council's refusal to approve new laws. The Federal Council's approval is mandatory in cases concerning constitutional laws or regulations that limit the competencies of the federal states, laws relating to the rights of the Federal Council, and treaties concerning the jurisdiction of the federal states.

The National Council is composed of 183 members elected through proportional representation in a general election. 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 the dominant house in the Austrian Parliament, and its term is commonly used synonymously with 'Parliament'.

The Imperial Council

For a bill to become law, it had to be passed by both houses, signed by the responsible government minister, and then granted royal assent by the Emperor. The laws were then published in the Reichsgesetzblatt (Reich Law Gazette).

The final electoral reform of the House of Deputies was introduced in 1906 by minister-president Paul Gautsch von Frankenthurn, who faced fierce opposition from the House of Lords. This reform introduced universal suffrage for men, abolished the curia system, and raised the number of deputies to 516.

Throughout its existence, the Imperial Council struggled with conflicts between and within the numerous constituent nationalities of the Empire, which hindered its effectiveness. The Council was suspended during the July Crisis in 1914 and for the duration of World War I, until it was reconvened in May 1917. It was permanently dissolved on 12 November 1918, following Austria-Hungary's defeat in the war and the abdication of Emperor Charles.

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