Omari Gates
In Austria, the Federal Government introduces the vast majority of bills. These bills are first reviewed by experts, who may modify the drafts, before being introduced in the National Council as government bills. Five members may also jointly move a bill in a sitting of the National Council, which are called private members' bills. Once a bill has passed the Third Reading, it is considered adopted by the National Council. Austrian federal legislation always originates in the National Council, never in the Federal Council. Austrian Government Bonds (RAGBs) and Austrian Treasury Bills (ATBs) are auctioned each month, with the Austrian National Bank (OeNB) providing historical data, charts, and statistics.
| Characteristics | Values |
|---|---|
| Who can introduce a bill? | Five members may jointly move a bill in a sitting of the National Council. Such bills are called private members' bills and are much rarer than government bills. |
| Who prepares the bill? | Preparing the legislative texts in detail is mostly the task of experts in the ministries who have the special knowledge it takes to prepare legislative proposals. |
| Who passes a bill? | The National Council. |
| Who can repeal a bill? | The Constitutional Court. |
| Who approves a bill before it is introduced in the National Council? | The Federal Government. |
| Who handles Austrian Government Bond and Treasury Bill auctions? | Austrian National Bank (OeNB) and Austrian Development Bank (OeKB). |
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What You'll Learn
Austria's constitution
The Federal Constitution of Austria (Österreichische Bundesverfassung) is the body of all constitutional law in the Republic of Austria at the federal level. It is split across many different acts, with the Federal Constitutional Law (Bundes-Verfassungsgesetz) (B-VG) at its centre. The B-VG includes the most important federal constitutional provisions.
The Austrian Constitution was established in 1919, with the right to revise the laws of the federal states. The new constitution was adopted in 1920, and the court was also entitled to revise national laws according to the constitution. This scheme of a separate constitutional court able to review legislative acts for their constitutionality came to be known as the "Austrian system". Austria was one of the earliest countries to have judicial review at all.
Austria's parliament consists of two houses, the National Council and the Federal Council. The 183 members of the National Council are elected by nationwide popular vote under statutes aiming at party-list proportional representation. The 64 members of the Federal Council are elected by Austria's nine state legislatures, with seats allocated roughly proportional to state population size. In practice, the National Council is the more powerful house, and Austrians frequently use the term "parliament" to refer to just the National Council. All federal legislation originates in the National Council. A majority of two-thirds in the National Council is required to make changes to the constitution, except in the case of a fundamental change, which requires a confirmation by referendum.
The Austrian Constitution includes provisions on comprehensive national defence, preserving the Federal territory's outside independence, inviolability, and unity. It also includes restrictions on voting, stating that members of the European Parliament shall be elected based on proportional representation and equal, direct, personal, free, and secret suffrage. The Constitution also covers Austrian participation in the nomination of members of various committees and councils within the framework of the European Union.
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Human rights
Austria is a democratic and peaceful society, ranking 15th out of 162 countries in the 2020 Human Freedom Index. The country has a democratic system of government, with leaders chosen through multiparty elections, and guarantees political rights and civil liberties for its citizens. Austrians have the right to a fair trial, the right to work, the right to reasonable pay, and the right to free choice of employment. They also have the right to form and join trade unions, with approximately 47% of the workforce organized into 13 national unions. The law allows unions to conduct their activities without interference, and collective bargaining is protected.
In terms of civil rights, Austrians have the right to privacy, including the privacy of their homes, and freedom of movement, opinion, and religion. The right to free speech is subject to some limitations, such as the prohibition of calling the Prophet Muhammad a paedophile. Austrians also have the right to participate in cultural and social life and the right to a reasonable standard of living, food, education, and healthcare. The government has taken steps to address issues such as domestic violence and sexual harassment, and there were no reports of coerced abortion or involuntary sterilization.
Austria is a member of the United Nations and has committed to upholding the principles of the Universal Declaration of Human Rights (UDHR). The country is also a party to various international human rights agreements, including the European Convention on Human Rights, which has constitutional status in Austria. The European Court of Human Rights (ECHR), based in Strasbourg, France, interprets the European Convention on Human Rights and is considered one of the most effective international human rights courts. Additionally, Austria has prioritized human rights in its foreign policy, focusing on areas such as the rights of women and children, the safety of journalists, and the protection of religious minorities.
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Civil liberties
The Federal Constitution of Austria (Österreichische Bundesverfassung) is the body of all constitutional law in the Republic of Austria. While the Federal Constitutional Law (Bundes-Verfassungsgesetz) (B-VG) includes the most important federal constitutional provisions, it does not include a bill of rights. Instead, provisions on civil liberties are spread across various pieces of constitutional legislation.
The Basic Law on the General Rights of Nationals of the Kingdoms and Länder represented in the Council of the Realm, a decree issued by Emperor Franz Josef on December 21, 1867, is the closest thing to a bill of rights in Austria. This decree was issued in response to pressure from liberal insurgents. It predates the current Constitution of Austria by about 50 years because the framers of the Constitution in 1920 could not agree on a set of civil liberties to include in the constitution.
Austria has a democratic system of government, and its citizens are guaranteed political rights and civil liberties. Austrians have the right to a fair trial, the right to work, reasonable pay, and free choice of employment, as well as the right to form trade unions. Citizens also have the right to vote, the right to freedom of assembly and association, and the right to participate in cultural and social life. The privacy of the dwelling is explicitly protected under Austrian law. Under Austrian law, a person cannot be detained for more than 48 hours without a trial, and investigative detention must be completed within two years. The right to free speech is subject to limitations in Austria, for example, it is prohibited to call the Prophet Muhammad a paedophile.
Austria is a party to the European Convention on Human Rights, which has been implemented as a directly applicable constitutional law in the country. Austria is also party to the International Convention on the Rights of the Child (1989), the International Convention on the Protection of All Persons from Enforced Disappearance, and the International Convention on the Rights of Persons with Disabilities.
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The National Council
At the beginning of a legislative period, the members of the National Council elect their President, Second President, and Third President from among themselves. The President represents the National Council, directs its business, and chairs its sittings, with the Second and Third Presidents serving in rotation. The President's Conference is formed by the Presidents of the National Council and the chairpersons of the Parliamentary Groups.
In practice, the Chancellor and Cabinet handle most of the day-to-day governing, and they are dependent on the confidence of the National Council. While the President has the right to name ministers and the Chancellor, the National Council can sack them, and their approval is required for the cabinet. This makes Austria a parliamentary democracy in practice, with the President as a figurehead.
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The Federal Council
The composition of the Federal Council is unique in that its members are not directly elected by the people but are instead delegated by the state legislatures. Each state sends a varying number of members to the Federal Council, proportional to its population. For instance, the state of Vienna, being the most populous, sends 12 members, while less populous states like Vorarlberg and Burgenland send three members each. This system ensures that the Federal Council accurately represents the diverse interests of the states.
The primary role of the Federal Council is to review and consent to federal legislation passed by the National Council. The Federal Council can initiate legislation, but its primary function is to scrutinize and provide feedback on bills passed by the lower house. It can request amendments, propose changes, and even veto legislation. However, this veto can be overridden by the National Council in certain circumstances, maintaining a balance of power between the two chambers.
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Frequently asked questions
The vast majority of bills and adopted texts come from the Federal Government. The government relies on experts in ministries to prepare legislative proposals. After an expert review, the draft goes to Parliament in the form of a Government Bill. If approved by the Federal Government, it is introduced in the National Council as a government bill. Once a bill has passed the Third Reading, it is considered adopted by the National Council.
The National Council is made up of 183 members who are elected by nationwide popular vote. The National Council is considered more powerful than the Federal Council, and Austrian federal legislation always originates in the National Council.
Austrian Treasury Bills (ATBs) are auctioned each month. The Austrian National Bank (OeNB) provides historical data, charts, statistics, news, and updates for Austria Treasury Bills.
