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The president of Austria (german: Bundespräsident der Republik Österreich) is the
head of state A head of state (or chief of state) is the public persona who officially embodies a state (polity), state#Foakes, Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international p ...
of the Republic of Austria. Though theoretically entrusted with great power by the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princip ...
, in practice the president is largely a ceremonial and symbolic figurehead. The office of the president was established in 1920 following the collapse of the
Austro-Hungarian Empire Austria-Hungary, often referred to as the Austro-Hungarian Empire,, the Dual Monarchy, or Austria, was a constitutional monarchy and great power in Central Europe#Before World War I, Central Europe between 1867 and 1918. It was formed with t ...
and the Habsburg monarchy in 1918. As head of state, the president succeeded the chair of the Constituent Assembly, the post-monarchic provisional legislature. Originally intended to be chosen directly by the Austrian people through universal suffrage every six years, the president was instead appointed by the legislative Federal Assembly until 1951, when Theodor Körner became the first popularly-elected president. Since the institution of the popular vote, only nominees of the Social Democratic Party and the People's Party had been elected to the presidency, with the exception of the
Green Green is the color between cyan and yellow on the visible spectrum. It is evoked by light which has a dominant wavelength of roughly 495570 Nanometre, nm. In subtractive color systems, used in painting and color printing, it is created by ...
-endorsed incumbent
Alexander Van der Bellen Alexander Van der Bellen (; born 18 January 1944) is the current president of Austria. He previously served as a professor of economics at the University of Vienna, and after joining politics, as the spokesman of the Austrian Green Party. ...
. The president appoints the
chancellor Chancellor ( la, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the of Roman courts of justice—ushers, who sat at the or lattice work screens of a basilica or law cou ...
, the vice chancellor, the ministers, the secretaries of state, and the justices of the
Supreme Courts A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
. The president can also remove the chancellor and the
Cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filing ...
at any time. Additionally, the president signs bills into law and is empowered to dissolve the National Council and the
state legislatures A state legislature is a legislative branch or body of a political subdivision in a federal system. Two federations literally use the term "state legislature": * The legislative branches of each of the fifty state governments of the United Stat ...
, sign treaties with foreign countries, rule by emergency decree, and command the
Armed Forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
. However, most of these presidential powers have never been applied. Furthermore, the president ranks first in Austria's
order of precedence An order of precedence is a sequential hierarchy of nominal importance and can be applied to individuals, groups, or organizations. Most often it is used in the context of people by many organizations and governments, for very formal and state o ...
, ahead of the presidium of the National Council and the chancellor. The principal residence and workplace of the president is the
Leopoldine Wing The Hofburg is the former principal imperial palace of the Habsburg dynasty. Located in the Innere Stadt, centre of Vienna, it was built in the 13th century and expanded several times afterwards. It also served as the imperial winter residence, a ...
of the Hofburg Imperial Palace, situated in
Vienna en, Viennese , iso_code = AT-9 , registration_plate = W , postal_code_type = Postal code , postal_code = , timezone = CET , utc_offset = +1 , timezone_DST ...
.


History


Background

Prior to the collapse of the multinational
Austro-Hungarian Empire Austria-Hungary, often referred to as the Austro-Hungarian Empire,, the Dual Monarchy, or Austria, was a constitutional monarchy and great power in Central Europe#Before World War I, Central Europe between 1867 and 1918. It was formed with t ...
towards the end of
World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was List of wars and anthropogenic disasters by death toll, one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, ...
, what now is the Republic of Austria had been part of a
monarchy A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic (constitutional monarchy ...
with an
emperor An emperor (from la, imperator, via fro, empereor) is a monarch, and usually the sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife ( empress consort), mother ( e ...
as its head of state and chief executive. The empire noticeably began to fracture in late 1917 and manifestly disintegrated into a number of independent rump states over the course of the following year. As the emperor had grown practically powerless, the members of the lower chamber of the Imperial Council – representing Cisleithania, the empire's ethnically German provinces – formed a Provisional National Assembly for their paralyzed country on 21 October 1918. The National Assembly appointed three coequal chairmen, one of them being Karl Seitz, and established a
State Council State Council may refer to: Government * State Council of the Republic of Korea, the national cabinet of South Korea, headed by the President * State Council of the People's Republic of China, the national cabinet and chief administrative autho ...
to administer the executive branch. On 11 November,
Emperor Charles I Charlemagne ( , ) or Charles the Great ( la, Carolus Magnus; german: Karl der Große; 2 April 747 – 28 January 814), a member of the Carolingian dynasty, was King of the Franks from 768, King of the Lombards from 774, and the first Emp ...
dissolved the Imperial Cabinet and officially renounced any participation in government affairs but did not abdicate, seeing this move only as a temporary break from his rule. However, the next day, the National Assembly proclaimed the Republic of German-Austria, thus effectively ending the monarchy. The State Council assumed the remaining powers and responsibilities of the emperor that day, while the three assembly chairmen – as chairmen of the State Council – became the country's collective
head of state A head of state (or chief of state) is the public persona who officially embodies a state (polity), state#Foakes, Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international p ...
.


Establishment

On 4 March 1919, the Constituent National Assembly, the first parliament to be elected by
universal suffrage Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political sta ...
, convened and named Seitz its chairman a day later. The National Assembly disbanded the State Council on 15 March – hence Seitz became the sole head of state – and began drafting a new Constitution the same year. The Christian Social Party advocated for creating a presidency with comprehensive executive powers, similar to those of the president of the Weimar Republic. However, the Social Democratic Worker's Party, fearing that such a president would become a "substitute emperor", favored reverting to a parliamentary presidium acting as collective head of state. In the end, the framers of the Constitution opted for a presidency that is separate from the legislature but bears not even nominal authority. On 1 October, the Federal Constitutional Law, the centerpiece of the new Constitution, was ratified by the National Assembly and on 10 November, it became effective, making Seitz president of Austria in all but name. The new Constitution established that president is to be elected by the Federal Assembly, a joint session of both houses of the now-bicameral
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. ...
. On 9 December 1920, the Federal Assembly elected Michael Hainisch to become the first president of Austria.


First Republic

The
parliamentary system A parliamentary system, or parliamentarian democracy, is a system of democratic governance Governance is the process of interactions through the laws, norms, power or language of an organized society over a social system ( family, t ...
erected by the new Constitution was highly unpopular. This led to surging support for the
authoritarian Authoritarianism is a political system characterized by the rejection of political plurality, the use of strong central power to preserve the political ''status quo'', and reductions in the rule of law, separation of powers, and democratic votin ...
and paramilitary ''
Heimwehr The Heimwehr (, ) or Heimatschutz (, ) was a nationalist, initially paramilitary group operating in Austria during the 1920s and 1930s that was similar in methods, organization, and ideology to the Freikorps in Germany. It was opposed to parlia ...
'' movement, which preferred a system granting substantially more powers to the president. On 7 December 1929, under growing pressure from the ''Heimwehr'', the Constitution was amended to give the president sweeping executive and legislative authority. Although most of these powers were to be exercised through the
minister Minister may refer to: * Minister (Christianity), a Christian cleric ** Minister (Catholic Church) * Minister (government), a member of government who heads a ministry (government department) ** Minister without portfolio, a member of government w ...
s, on paper the president now had powers equivalent to those of presidents in presidential systems. It also called for the office to be elected by popular vote and expanded the president's term to six years. The first election was scheduled for 1934. However, owing to the financial ramifications of the Great Depression, all parties agreed to suspend the election in favor of having
Wilhelm Miklas Wilhelm Miklas (15 October 187220 March 1956) was an Austrian politician who served as President of Austria from 1928 until the ''Anschluss'' to Nazi Germany in 1938. Early life Born as the son of a post official in Krems, in the Cisleithani ...
reelected by the Federal Assembly. Three years later, Engelbert Dollfuss and the Fatherland Front tore down Austrian parliamentarism altogether, formally annulling the Constitution on 1 May 1934. It was replaced by an authoritarian and corporatist system of government that concentrated power in the hands of the chancellor, not the president. Miklas was stripped of the authority he had gained in 1929, but agreed to act as a figurehead for the sake of institutional continuity anyway. He was not entirely powerless, however; during the ''
Anschluss The (, or , ), also known as the (, en, Annexation of Austria), was the annexation of the Federal State of Austria into the Nazi Germany, German Reich on 13 March 1938. The idea of an (a united Austria and Germany that would form a "Ger ...
'' crisis, he provided some of the stiffest resistance to Nazi demands.William Shirer, ''The Rise and Fall of the Third Reich'' (Touchstone Edition) (New York: Simon & Schuster, 1990) He technically remained in office until 13 March 1938, the day Austria was annexed by
Nazi Germany Nazi Germany (lit. "National Socialist State"), ' (lit. "Nazi State") for short; also ' (lit. "National Socialist Germany") (officially known as the German Reich from 1933 until 1943, and the Greater German Reich from 1943 to 1945) was ...
and thus lost its sovereignty. When Austria re-established itself as an independent state on 27 April 1945, the party leaders forming the provisional government decided not to write a new Constitution, instead restoring that of 1920, as amended in 1929. Even though this revision was still somewhat controversial at that point, it was part of Austria's most recent constitutional framework, giving it at least some much-needed form of democratic legitimacy. The party leaders were also afraid that lengthy discussion might provoke the
Red Army The Workers' and Peasants' Red Army (Russian language, Russian: Рабо́че-крестья́нская Кра́сная армия),) often shortened to the Red Army, was the army and air force of the Russian Soviet Federative Socialist R ...
, then in control of
Vienna en, Viennese , iso_code = AT-9 , registration_plate = W , postal_code_type = Postal code , postal_code = , timezone = CET , utc_offset = +1 , timezone_DST ...
, to barge in and impose Communist rule. The Constitution thus reenacted, effective 1 May, therefore still entailed the provision calling for popular election of the president. Following the November 1945 legislative election, however, the Federal Assembly temporarily suspended this provision and installed Karl Renner as the president of Austria as of 20 December. The suspension in question seemed to have been motivated mainly by a lack of money; no attempt was ever made to prolong it, and Renner had already been the universally accepted, ''de facto'' head of state anyway. Starting with the 1951 election of Renner's successor Theodor Körner, all presidents have in fact been elected by the people.


Second Republic

Since the restoration of the republic, presidents have taken an increasingly passive role in day-to-day politics and are scarcely ever the focus of the press, except during presidential elections and political upheavals. A notable exception was Kurt Waldheim, who became the subject of domestic and international controversy, after his service in the armed forces of Nazi Germany and paramilitary wing of the Nazi Party garnered widespread public attention. Another exception was Thomas Klestil, who attempted to assume a far more active political role; he called for the grand coalition to remain in power and demanded to represent Austria in the European Council but ultimately failed on both counts.
Alexander Van der Bellen Alexander Van der Bellen (; born 18 January 1944) is the current president of Austria. He previously served as a professor of economics at the University of Vienna, and after joining politics, as the spokesman of the Austrian Green Party. ...
(generally associated with the
Green Party A green party is a formally organized political party based on the principles of green politics, such as social justice, environmentalism and nonviolence. Greens believe that these issues are inherently related to one another as a foundati ...
) became the first president not affiliated with either of the two dominant parties – the Social Democratic Party and the People's Party – and the first president to dismiss a chancellor as well as an entire Cabinet as a result of a parliamentary ouster.


Election


Procedure

The president of Austria is elected by popular vote for a term of six years and is limited to two consecutive terms of office. Voting is open to all people entitled to vote in general parliamentary elections, which in practice means that suffrage is universal for all Austrian citizens over the age of sixteen that have not been convicted of a jail term of more than one year of imprisonment. (Even so, they regain the right to vote six months after their release from prison.) Until 1 October 2011, with the exception of members of any ruling or formerly ruling dynastic houses (a measure of precaution against monarchist subversion, and primarily aimed at members of the
House of Habsburg The House of Habsburg (), alternatively spelled Hapsburg in Englishgerman: Haus Habsburg, ; es, Casa de Habsburgo; hu, Habsburg család, it, Casa di Asburgo, nl, Huis van Habsburg, pl, dom Habsburgów, pt, Casa de Habsburgo, la, Domus Hab ...
), anyone entitled to vote in elections to the National Council who is at least 35 years of age is eligible for the office of president. The exception of ruling or formerly ruling dynasties has been abolished meanwhile within the ''Wahlrechtsänderungsgesetz 2011'' (Amendment of the law on the right to vote 2011) due to an initiative by
Ulrich Habsburg-Lothringen Ulrich Habsburg-Lothringen (born 1941 in Wolfsberg, Austria) is an Austrian forester and politician, who was formerly in the Green Party of Austria, but is now non-partisan. He is a member of the Habsburg Family who wanted to participate in th ...
. The president is elected under the
two-round system The two-round system (TRS), also known as runoff voting, second ballot, or ballotage, is a voting method used to elect a single candidate, where voters cast a single vote for their preferred candidate. It generally ensures a majoritarian res ...
. This means that if no candidate receives an absolute majority (i.e. more than 50%) of valid votes cast in the first round, then a second ballot occurs in which only those two candidates who received the greatest number of votes in the first round may stand. However, the constitution also provides that the group that nominates one of these two candidates may instead nominate an alternative candidate in the second round. If there is only one candidate standing in a presidential election then the electorate is granted the opportunity to either accept or reject the candidate in a
referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of ...
. While in office the president cannot belong to an elected body or hold any other position.


Oath of office

Article 62 of the Austrian Constitution provides that the president must take the following oath or affirmation of office in the presence of the Federal Assembly (although the addition of a religious asseveration is admissible):


Latest elections


Powers and duties

The presidency as well as its powers and duties are established by the Federal Constitutional Law, while certain additional powers may be created by statutory law,
judicial interpretation Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the Unite ...
, convention or precedent.


Executive role


Appointing the Cabinet

The president appoints the
chancellor Chancellor ( la, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the of Roman courts of justice—ushers, who sat at the or lattice work screens of a basilica or law cou ...
, the vice chancellor, and the
minister Minister may refer to: * Minister (Christianity), a Christian cleric ** Minister (Catholic Church) * Minister (government), a member of government who heads a ministry (government department) ** Minister without portfolio, a member of government w ...
s, which collectively form the
Cabinet of Austria The Government of Austria (german: Bundesregierung der Republik Österreich) is the executive cabinet of the Republic of Austria. It consists of the chancellor, who is the head of government, the vice chancellor and the ministers. Appointme ...
. Statutory law A new National Council, the powerful lower chamber of
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. ...
, is elected at least every five years by
universal suffrage Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political sta ...
. Following such an election the president conventionally charges the chancellor candidate of the party that won either an
absolute majority A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority r ...
or a plurality of seats with the formation of a new Cabinet. Theoretically, the president could appoint any adult citizen (with some minor constraints) chancellor of Austria. However, the National Council can adopt a
motion of no confidence A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or mana ...
against the chancellor, a minister, or the entire Cabinet at any time, thus substantially limiting the president's actual options. If the winning party did not receive an absolute majority (the common electoral outcome since 1983), the victor will search for a junior coalition partner, to create a politically stable Cabinet that commands the support of the National Council. This process will kick off with a series of rather brief "exploratory discussions" (''Sondierungsgespräche'') with all parties, which usually lasts several weeks. During this time, the victor will commonly look out for the party that demands the least ministerial posts and is the most willing to compromise. The victor will subsequently enter more serious and comprehensive "coalition negotiations" (''Koalitionsverhandlungen'') with that party, a process usually lasting several months. During the coalition negotiations, both parties most produce a cabinet agenda (''Regierungsprogramm''), a coalition contract (''Koalitionsvertrag''), and a ministers' list (''Ministerliste''), which defines the Cabinet's composition; the victor commonly claims the chancellorship, while leader of the junior coalition party commonly asserts the vice chancellorship and an additional ministerial position. The list is then introduced to the president, who can either accept or reject it. If the president accepts, the new Cabinet will be appointed and officially sworn in at an inauguration ceremony about a week later. If the president rejects the list, there are several possibilities; the president asks the victor to rewrite the list and/or omit certain nominees, the president strips the victor of their responsibility to form a Cabinet and charges someone else, or the president calls a new legislative election. So far, there have only been three cases where a president refused to appoint a Cabinet nominee; Karl Renner denied to re-appoint a minister suspected of corruption, Theodor Körner dismissed the call of Chancellor Leopold Figl to appoint a Cabinet with the participation of the far-right Federation of Independents, Thomas Klestil declined to appoint a ministerial nominee involved in criminal proceedings and a ministerial nominee who had made frequent extremist and xenophobic statements.


Dismissing the Cabinet

The president can dismiss the chancellor or the entire Cabinet at any time, such at will. However, individual Cabinet members can only be dismissed by the president on the advice of the chancellor. So far, the dismissal of an entire Cabinet against its will has never occurred. President
Wilhelm Miklas Wilhelm Miklas (15 October 187220 March 1956) was an Austrian politician who served as President of Austria from 1928 until the ''Anschluss'' to Nazi Germany in 1938. Early life Born as the son of a post official in Krems, in the Cisleithani ...
did not make use of this power when Chancellor Engelbert Dollfuß absolished the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princip ...
to establish the dictatorial Federal State of Austria. The removal of a minister against their will occurred only once, when Chancellor Sebastian Kurz asked President
Alexander Van der Bellen Alexander Van der Bellen (; born 18 January 1944) is the current president of Austria. He previously served as a professor of economics at the University of Vienna, and after joining politics, as the spokesman of the Austrian Green Party. ...
to remove Interior Minister Herbert Kickl. Ensuing the
Ibiza affair The Ibiza affair (german: Ibiza-Affäre), also known as Ibiza-gate, was a political scandal in Austria involving Heinz-Christian Strache, the former vice chancellor of Austria and leader of the Freedom Party (FPÖ), and Johann Gudenus, a deputy ...
and a likely collapse of the Cabinet, Kickl swiftly appointed Peter Goldgruber – with whom he had close ties – to the office of director general for the Public Security, which would have indefinitely granted him direct operational control over the vast majority of Austrian law enforcement agencies. President Alexander Van der Bellen refused to assent Goldgruber's appointment – following a convention to avoid high-level appointments during transition periods – thus preventing him from taking office.


Appointing federal and state officials

From the official and legal point of view, the president appoints all officers of the federal government, not just the members of Cabinet and the justices of the supreme courts. This includes all
military officers An officer is a person who holds a position of authority as a member of an armed force or uniformed service. Broadly speaking, "officer" means a commissioned officer, a non-commissioned officer, or a warrant officer. However, absent conte ...
and
soldier A soldier is a person who is a member of an army. A soldier can be a conscripted or volunteer enlisted person, a non-commissioned officer, or an officer. Etymology The word ''soldier'' derives from the Middle English word , from Old French ...
s, all judges, as well as all ordinary functionaries and bureaucrats. In practice however, this power of appointment is delegated to the ministers and their subordinates, although the Supreme executive organ, highest-ranking officers of government are always personally appointed by the president. Because the Landeshauptmann, governors of the States of Austria, states do not only serve as the chief executives of their respective state but also as the chief representatives of the federal government within that state, the president swears in all governors, following their election by the Landtag, state diet.


Legislative role


Signing bills into law

As state notary of Austria, the president signs bills into law. Signing bills into law is a constitutionally mandated duty of the president and not a discretionary power; it is not comparable with the presidential veto in the United States or the Royal Assent in the United Kingdom. In their capacity as state notary, the president scrutinises the constitutionality of the lawmaking, lawmaking process undertaken to enact a piece of legislation. If the president finds the bill to have been crafted in an unconstitutional way, the president is compelled to deny their signature, which strikes down the piece of legislation. All bills on federal level, no matter if they affect Statutory law, statutory or even Constitution of Austria, constitutional law, must be signed by the president to take effect. The president generally does not verify if an enacted statute complies with constitutional law; that is subject to the Constitutional Court (Austria), Constitutional Court, once the statute becomes effective and is legally challenged. Judicial interpretations regarding the scrutiny extent of this presidential responsibility have varied, with some arguing that the president may deny signature if provisions of an enacted statute are ''undoubtedly'' unconstitutional. President Heinz Fischer established a precedent for that, by refusing to sign a statute – containing retrospective criminal provisions – into law; this remains the only time a president has denied signature. Once a bill is introduced in
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. ...
, it must pass the National Council with the requisite quorums and be approved by the Federal Council (Austria), Federal Council to become 'enacted'. After its enactment the bill is forwarded to the chancellor, who submits it to the president. The president then signs the bill into law (if it has been enacted in accordance with constitutional requirements). The chancellor subsequently countersigns and then promulgates the bill in the Bundesgesetzblatt (Austria), federal law gazette, ultimately rendering it effective. If the president refuses to sign any or particular bills into law – that are not in obvious or direct violation of the Constitution – the president may be impeached by the Federal Assembly before the Constitutional Court and subsequently removed from office through conviction for failing their constitutional responsibilities.


Dissolving the National Council

The president may dissolve the National Council at the request of Cabinet, but only once for the same reason. The legal consequences of a dissolution of the National Council by the president differ from those of a parliamentary self-dissolution. If the president terminates the legislative period, the National Council is immediately dissolved and thereby incapacitated. However, the Standing Subcommittee of the National Council's Principal Committee remains as an emergency body until the newly-elected National Council convenes. Prior to that, the president may issue emergency decrees on the request of the Cabinet and with the consent of the Standing Subcommittee of the Principal Committee. In the case of self-dissolution, the old National Council keeps meeting until a new one is elected. So far, only President
Wilhelm Miklas Wilhelm Miklas (15 October 187220 March 1956) was an Austrian politician who served as President of Austria from 1928 until the ''Anschluss'' to Nazi Germany in 1938. Early life Born as the son of a post official in Krems, in the Cisleithani ...
has made use of this power, after the Christian Social Party had lost its coalition partner and thus a majority in Parliament.


Dissolving state diets

The president can dissolve every Landtag, state diet at the request of Cabinet and with the consent of the Federal Council (Austria), Federal Council. However, the president may only do so once for the same reason; as with the dissolution of the National Council. The Federal Council must agree to the dissolution by a two-thirds majority. The delegation of the state whose diet is to be dissolved, may not partake in the vote. The dissolution of a state diet is viewed as an encroachment on federalism, as the national government directly intervenes into state affairs. Like with the presidential dissolution of the National Council, a dissolved state diet is considered incapacitated until after a new election. This power has never been applied by any president yet.


Rule by decree

The president is authorized to rule by emergency decree in times of crisis. The Constitution states as follow: Such emergency decrees do not affect the Constitution – which chiefly consists of the Federal Constitutional Law and the Basic human rights, Basic Human Rights – as well as any other important legal provision. As soon as the National Council is in session again, it is ought to immediately approve or invalidate active emergency decrees. The power to rule by decree has never been applied yet.


Judicial role


Enforcer of the Constitutional Court

The president is entrusted with the enforcement of findings of fact of the Constitutional Court (Austria), Constitutional Court, when such enforcement is not subject to Judiciary of Austria#General courts, ordinary courts. The request for enforcement is submitted to the president by the Court itself. The Constitution provides the president with extensive enforcement powers. Enforcement jurisdiction can comprise state and federal authorities (this includes the
Armed Forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
and Law enforcement in Austria, law enforcement) as well as a state or the republic in its entirety. When wielding enforcement rights, the president obtains direct operational control over the authorities concerned. If a federal authority or the republic as a whole are affected, the president does not require countersignature.


Appointing justices

The president appoints the List of presidents of the Constitutional Court (Austria), president, the List of vice presidents of the Constitutional Court (Austria), vice president, the six further justices, and the three substitute justices of the Constitutional Court (Austria), Constitutional Court on the nomination of Cabinet; additionally, the president appoints three justices and two substitute justices on the nomination of the National Council and three justices and one substitute justice on the nomination of the Federal Council. The president also appoints the List of presidents of the Supreme Court of Justice (Austria), president, the two vice presidents, the 14 presiding justices, and the 43 further justices of the Supreme Court of Justice (Austria), Supreme Court of Justice; as well as the president, the vice president, the presiding justices, and the further justices of the Supreme Administrative Court (Austria), Supreme Administrative Court on the nomination of Cabinet, of which all members expect the president and vice president are recommended to Cabinet by the Court itself.


Diplomatic role

The president is the chief diplomat of Austria and may negotiate and sign treaties with foreign countries; some treaties require the assent of the National Council. 1995 enlargement of the European Union, When Austria joined the European Union, President Thomas Klestil and Chancellor Franz Vranitzky had a disagreement on who would represent Austria in the European Council. Ultimately, the chancellor's point of view prevailed, mainly due to legal and practical reasons. However, President Klestil argued that he had only delegated this power of representation to the chancellor.


Military role

The president is the commander-in-chief of the Austrian Armed Forces. While there is no clear juridical or scholarly consensus on the exact constitutional meaning and extent of this power, the majority of legal scholars believe that the president may, in this capacity, exercise ultimate operational direction over the Armed Forces. Article 80 of the Constitution establishes how the military is to be governed. Clause 1 of that article states "the President shall have Supreme Authority over the Armed Forces", Clause 2 that "if not the President bears disposal authority, the [Minister of Defense] shall have disposal authority within a scope of responsibility defined by the Cabinet", and Clause 3 that "command authority over the military shall be vested in the [Minister of Defense]". The Constitution hence distinguishes between three different types of military authority: "command authority" (''Befehlsgewalt''), the power to issue verbal or written directives; "disposal authority" (''Verfügungsgewalt''), the power to define the organization, tasks, and missions of the Armed Forces or individual military units; and "supreme authority" (''Oberbefehl''). The latter one – which Clause 1 vests in the presidency – has particularly been ambiguous and inconclusive. As no president has ever made use of this power, precedents were never established. Day-to-day military operations are administered by the Minister of Defense (Austria), minister of defense, who is widely seen as ''de facto'' commander-in-chief, while defense policy and key decisions are made by the Cabinet as a whole. As commander-in-chief, the president succeeds the emperor of Austria in his capacity as Supreme Commander of the Imperial and Royal Armed Forces, supreme commander of the Austro-Hungarian Armed Forces, Austro-Hungarian military. Following the collapse of the Habsburg monarchy, the Principal Committee of the newly established National Council began serving as the main decision-making body of the Armed Forces. In 1929, the Christian Social Party transferred supreme military authority from the Principal Committee to the president.


Ceremonial role

The president has various additional powers and duties, which are typically vested in a
head of state A head of state (or chief of state) is the public persona who officially embodies a state (polity), state#Foakes, Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international p ...
. These include, for example, the creation and conferment of honorary and professional titles, and the basically meaningless right to Legitimacy (family law), legitimise illegitimate children at the request of their parents. Another power is the bestowal of the ''Sub auspiciis Praesidentis, Promotio sub auspiciis Praesidentis rei publicae'', a golden ring serving as the highest possible distinction and decoration for Doctoral degree, doctoral students with the most extraordinary credentials. Furthermore, the president is empowered to strike down criminal cases ("right of abolition") and to grant pardons and commutation (law), commutations. According to case law of the Constitutional Court (Austria), Constitutional Court, presidential pardons do not only void the Sentence (law), sentence but also undo the conviction.


Incumbency


Immunity

The president enjoys full sovereign immunity from any type of official prosecution, including civil suit and criminal prosecution. The president may only be prosecuted with the explicit consent of the Federal Assembly. If a government authority intends to prosecute the president, it must refer a request for extradition to the National Council. If the National Council approves, the
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must convene the Federal Assembly, which will then decide over the request for extradition.


Removal


Popular deposition

The ordinary way of removing a sitting president from office would be through popular deposition. Since the president is elected by the people, the people also have the power to remove the president again through a plebiscite. Popular deposition commences with an act of the National Council requesting the convocation of the Federal Assembly. Such a resolution of the National Council is passed with a supermajority, meaning it requires the same quorums as when amending constitutional law; the attendance of at least half of the members of the National Council and a successful two-thirds vote. If passed, the president is automatically unable to "further exercise the powers and duties of the presidency" and thereby deprived of all authority, the chancellor in turn, is required to immediately call a session of the Federal Assembly. Once convened, the Federal Assembly then considers and decides over the National Council's request of administering a plebiscite. If a plebiscite is conducted and turns out successful, the president is removed from office. However, if the plebiscite fails the Constitution treats it as a new legislative election, which triggers the immediate and automatic dissolution of the National Council; even in such a case, the president's term of office may not exceed twelve years in total.


Impeachment

The president can be Impeachment, impeached before the Constitutional Court (Austria), Constitutional Court by the Federal Assembly for violating Constitution of Austria, constitutional law. This process is triggered by either a resolution of the National Council or the Federal Council. Upon the passage of such a resolution, the chancellor is required to call a session of the Federal Assembly, which then considers the impeachment of the president. A supermajority is needed to impeach the president, meaning the attendance of at least half of the members of the National Council and the Federal Council (Austria), Federal Council as well as a successful two-thirds vote are required. If the Federal Assembly decides to impeach the president, it acts as the plaintiff before the Constitutional Court. If the Court convicts the president of having breached constitutional law, the president is automatically removed from office. Conversely, if the Court finds the president to have committed a minor offense, the president remains in office and is merely reprimanded.


Succession

The Constitution of Austria makes no provisions for an office of vice president. Should the president become temporarily incapacitated – undergoes surgery, becomes severely ill, or visits a foreign country (excluding EU member states) – presidential powers and duties devolve upon the
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for a period of twenty days, although the chancellor does not become "acting president" during that time. The powers and duties of the presidency devolve upon the President of the National Council (Austria), Presidium of the National Council in the following three cases: * The aforementioned period of twenty days expires, in which case the Presidium assumes presidential powers and duties on the twenty-first day; * The office is vacated because the president dies, resigns, or is removed from office, in which case the Presidium assumes presidential powers and duties immediately; * The president is prevented from "further exercising the powers and duties of the presidency" because the National Council has requested the convocation of the Federal Assembly to consider the popular deposition of the president, in which case the Presidium also assumes presidential powers and duties immediately. When exercising the powers and duties of the presidency, the three presiding officers of the National Council – forming the Presidium – act collectively as a collegiate body. If votes are divided equally, the higher-ranking presiding officer's vote takes precedence.


Compensation

The president is compensated for his or her service with €349,398 annually, the
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in turn is compensated with €311,962 annually. This amount is particularly high when considering that the chancellor of Germany (€251,448), the president of France (€179,000), the prime minister of the United Kingdom (€169,284), and the president of Russia (€125,973) receive a significantly lesser salary, although they are the chief executives of substantially larger countries; the Austrian president's salary is topped only by that of the president of the United States (€370,511).


Residence

The principal residence and workplace of the president is the Leopoldine Wing in the Hofburg Imperial Palace, which is located in the Innere Stadt of
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. The Leopoldine Wing is sometimes ambiguously referred to as the "Presidential Chancellery". In practice, the president does not actually reside in the Hofburg but retains their personal home. As its full name already divulges, the Hofburg is an edifice stemming from the times of the monarchy; it was built under Holy Roman Emperor Leopold I, Holy Roman Emperor, Leopold I in the 13th century. Ensuing the fall of the monarchy and the formation of the republic, democratic institutions intentionally kept their distance from monarchic establishments and so the original residence of the president became the Chancellery (Austria), chancellery building. However, following a severe bombardment during World War II, the chancellery building became uninhabitable and the president had to find new lodging. The first president of the Second Republic, Karl Renner, deliberately chose the Leopoldine Wing; as its creation and history – in particular the interior design – was majorly influenced by Empress Maria Theresia, whose profile was generally favorable among the people at the time. The chancellery building was later renovated and now serves as the residence and workplace of the
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. Today, the Leopoldine Wing harbours the offices of the Presidential Chancellery on its second and third floor. Additionally to the Hofburg, the president has a summer residence at their disposal, the Mürzsteg Hunting Lodge. Although former President Heinz Fischer pledged to sell the building while campaigning for the presidency, the lodge has been used by him and his successor to host guests and foreign dignitaries.


Protection

The president is legally protected by multiple special criminal law provisions; of which the most important is § 249 of the statutory Criminal Code: Furthermore, the title ''Bundespräsident'' (federal president) may – even with additions or in connection with other titles – not be used by anyone other than the incumbent president.


Office of the President

The Presidential Chancellery, Office of the President (''Präsidentschaftskanzlei'') is an executive agency serving under the direct authority of the president. It advises the president on the exercise of presidential powers and duties, administers domestic and diplomatic communication with the president, and manages all other day-to-day administrative operations associated with the presidency. The agency is made up of various clerks, political advisers, legal counsels, spokespeople as well as the presidential adjutant, an army office formally charged with the safety of the president. The Office of the President is seated in the
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of the Hofburg Imperial Palace.


List of presidents


See also

* History of Austria * Politics of Austria * Chancellor of Austria * List of chancellors of Austria * Vice-Chancellor of Austria * Emperor of Austria


Notes


References


External links


Official website of the Presidential Chancellery

Austria: Heads of State: 1918–1938
{{Heads of state and government of Europe Government of Austria Presidents of Austria, Presidents by country, Austria 1920 establishments in Austria