President of Austria
President of the Republic of Austria | |
---|---|
Bundespräsident der Republik Österreich ( | |
Nominator | Political parties or self-nomination |
Appointer | Direct popular vote sworn in by the Federal Assembly |
Term length | Six years, renewable once |
Constituting instrument | Constitution of Austria |
Precursor | Chair of the Constituent National Assembly |
Formation | 10 November 1920 |
First holder | Michael Hainisch |
Succession | Line of succession |
Salary | €349,398 annually |
Website | bundespraesident.at |
This article is part of a series on the |
Politics of Austria |
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The president of Austria, officially titled federal president of the Republic of Austria (German: Bundespräsident der Republik Österreich) is the head of state of the Republic of Austria. Though theoretically entrusted with great power by the Constitution, 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
The president appoints the
The principal residence and workplace of the president is the
History
Background
Prior to the collapse of the multinational
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.[2][3] The National Assembly appointed three coequal chairmen, one of them being Karl Seitz, and established a State Council to administer the executive branch.[4]
On 11 November, Emperor Charles I 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.[5][6] However, the next day, the National Assembly proclaimed the Republic of German-Austria, thus effectively ending the monarchy.[7][8] 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.
Establishment
On 4 March 1919, the Constituent National Assembly, the first parliament to be elected by universal suffrage, convened and named Seitz its chairman a day later.[9][10] The National Assembly disbanded the State Council on 15 March – hence Seitz became the sole head of state[11] – 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.[12]
On 1 October, the
First Republic
The parliamentary system erected by the new Constitution was highly unpopular. This led to surging support for the authoritarian and paramilitary Heimwehr 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.[16][17] Although most of these powers were to be exercised through the ministers, 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 reelected by the Federal Assembly.[18]
Three years later, Engelbert Dollfuss and the Fatherland Front tore down Austrian parliamentarism altogether, formally annulling the Constitution on 1 May 1934.[19] 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 crisis, he provided some of the stiffest resistance to Nazi demands.[20] He technically remained in office until 13 March 1938, the day Austria was annexed by Nazi Germany 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.
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.[24] 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.[25] Alexander Van der Bellen (generally associated with the Green Party) became the first president not affiliated with either of the two dominant parties – the Social Democratic Party and the People's Party[26][27] – and the first president to dismiss a chancellor as well as an entire Cabinet as a result of a parliamentary ouster.[28][29]
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.[30][31][32][33] 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
The president is elected under the two-round system. 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.
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):[35][36]
I solemnly swear that I will faithfully observe the Constitution and all the laws of the Republic and fulfill my duty to the best of my knowledge and conscience.
Latest elections
Powers and duties
The presidency as well as its powers and duties are established by the
Executive role
Appointing the Cabinet
The president appoints the
A new
If the winning party did not receive an absolute majority (the common electoral outcome since 1983), the leader of the winning party 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 leader of the winning party will commonly seek an agreement with the party that demands the least ministerial posts and is the most willing to compromise. Once a partner is found, the leader of the winning party 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 leader of the junior coalition party usually claims the vice chancellorship and an additional ministerial position.
Following the end of negotiations, the leader of the winning party submits the ministers' list 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, charges someone else with the responsibility of forming a cabinet, or calls new elections.
In practice, it is rare for a president to reject a ministers' list. 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, and 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.
The removal of a minister against their will occurred only once, when Chancellor
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
Because the
Legislative role
Signing bills into law
As state notary of Austria, the president signs bills into law.
The president generally does not verify if an enacted statute complies with constitutional law; that is subject to the 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
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.[54][55] 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 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 state diet at the request of Cabinet and with the consent of the Federal Council.[56][57] 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.[58][59] The Constitution states as follow:
To ward off irreparable damages to the general public, at a time where the National Council is not in session and cannot be convened in time, at the request of the Cabinet, and with the assent of the Standing Subcommittee of the Principal Committee of the National Council, the president is empowered to adopt provisional regulations that have the force of law.
Such emergency decrees do not affect the Constitution – which chiefly consists of the
Judicial role
Enforcer of the Constitutional Court
The president is entrusted with the enforcement of
Appointing justices
The president appoints the
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.[44][65]
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.[66]
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]".[67][68]
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).[69] The latter one – which Clause 1 vests in the presidency – has particularly been ambiguous and inconclusive.[70]
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, who is widely seen as de facto commander-in-chief,[71][72] 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 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
Incumbency
Immunity
The president enjoys full
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
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 impeached before the Constitutional Court by the Federal Assembly for violating constitutional law.[78][79] 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 as well as a successful two-thirds vote are required.[80][81]
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
Part of a series on Orders of succession |
Presidencies |
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The
The powers and duties of the presidency devolve upon the 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;[82][83]
- The office is vacated because the president dies in office, 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
Residence
The principal residence and workplace of the president is the
As its full name already divulges, the Hofburg is an edifice stemming from the times of the monarchy; it was built under
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,[91] the lodge has been used by him and his successor to host guests and foreign dignitaries.[92][93]
Protection
The president is legally protected by multiple special criminal law provisions; of which the most important is § 249 of the statutory Criminal Code:[94][95]
Anyone who attempts depose the President by force or dangerous threats or to use one of these means to coerce or prevent the exercise of his powers, in part or in their entirety, is subject to imprisonment from one to ten years.
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
See also
- History of Austria
- Politics of Austria
- Chancellor of Austria
- List of chancellors of Austria
- Vice-Chancellor of Austria
- Emperor of Austria
Notes
- ^ Which is commonly party leader.
- ^ Which is generally of professional and permanent nature
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