The legislative and executive are on three levels in Austria:
Legislative
Federal level
Legislative functions in Austria are carried out both by the National Council and by the Federal Council. The National Council is elected directly by the people, while the representatives of the Federal Council are delegated by the provincial diets in relation to the number of seats held by the parties. Together, the National Council and the Federal Council form the Federal Assembly. In physical terms, both are located in the Austrian Parliament.
The National Council plays a much bigger role than the Federal Council in Austrian politics. On the one hand it is directly legitimised by free elections, and on the other hand the Federal Government is answerable only to the National Council.
National Council
The National Council consists of 183 representatives. These are elected by the Austrian people (people aged 16 and over are eligible to vote) in an equal, direct, personal, free and secret election process. Only Austrian citizens aged 18 and over are allowed to stand as representatives. The representatives belong to a political party, list or electoral alliance for which they stand as candidates. Depending on the percentage of votes and the associated distribution of mandates for a party, a corresponding number of representatives of this party (list or electoral alliance) are represented in the National Council. In Austria there is a so-called “four percent hurdle”, i.e. parties which do not reach this percentage in the elections cannot enter the National Council. The elections for the National Council are held every five years.
Austrian representatives have political immunity. This means that they are free to exercise their mandate and are not bound to any instructions. Nevertheless it is common practice for representatives of a fraction in parliament to all vote the same way.
In the first session of a new National Council, from the 183 representatives a President of the National Council and two deputies are elected who preside on an alternating basis.
Responsibilities of the National Council:
- Legislation
Austrian federal laws are decided in the National Council. Bills can be submitted by the Federal Government, by representatives, by the Federal Council or by citizens – via popular petitions. Most bills come from the Federal Government.
Once a proposal for a law has been submitted, there are three “readings” (evaluations and discussion) in the National Council. Then the representatives vote on the law. If it is accepted, it is passed on to the Federal Council for review. If this also gives its consent – rejection of a law only postpones it – the law is authenticated by the Federal President and countersigned by the Federal Chancellor. The Federal President may reject a law only if it is formally or clearly unconstitutional.
The National Council comprises committees which deal with certain themes (e.g. budget/finances, foreign affairs, social matters, education). The National Council Plenum may allocate bills to these committees for closer review and discussion. They may also develop bills independently.
- Cooperation in the enforcement of the Federal Government
The National Council may support the Federal Government and also the Federal President in the fulfilment of their tasks. This concerns, for example, the conclusion of treaties, the appointment of members of the Constitutional Court or the election of the President of the Court of Auditors.
- Rights of control
The National Council has several rights of control vis-à-vis the federal administration. This comprises, for example
- Questions to the Federal Government (right of interpellation)
- Appointment of committees of enquiry (right of enquiry)
- Constitutional Court proceedings against ministers if these exceed limits established in laws (impeachment of a minister)
- Expression of distrust in individual members or the entire Federal Government (vote of no confidence)
Federal Council
The Federal Council is the representation of the provinces at federal level. The representatives are delegated by the provincial diets, but are not responsible to these with their activity. The President of the Federal Council presides here.
The Federal Council has little influence on Austrian politics. Its most important responsibility is to discuss laws decided by the National Council and to express opinions on these. In the event of rejection, it may only postpone a law, it cannot de facto annul it entirely.
Federal Assembly
When the National Council and Federal Council come together, they form the Federal Assembly. Its responsibilities mainly concern the Federal President (e.g. inauguration, impeachment proceedings).
Regional level
Provincial diet
The respective parliament of a province is called the provincial diet. Its representatives are elected by the inhabitants of the respective province in universal, equal, direct, secret and personal election processes. The legislative period in all provinces is five years (exception: Upper Austria six).
The provincial diet adopts provincial laws in several areas (e.g. youth protection, kindergartens, social security), but these have to be in line with the Federal Constitution.
Local level
Austrian municipalities elect a municipal council which is responsible for local tasks (e.g. maintenance of schools). The mayor presides over the municipal council.
Executive
Federal level
The supreme executive authorities at federal level are the Federal President, the Federal Chancellor, the federal ministers and the state secretaries.
Federal President
The Austrian Federal President is elected by the people for a term of six years in a universal, equal, direct, secret and personal election process.
According to the Austrian constitution, the Federal President has several important powers, e.g.:
- Representation of the Republic to the outside world
- Commissioning a party to form a government
- Appointment of the Federal Chancellor and also the federal ministers and state secretaries
- Swearing-in of the provincial governors
- Appointment of judges
- Supreme command of the armed forces
As far as domestic policy is concerned, the Federal President has the de facto role of a mediator between the state authorities and, in terms of foreign policy, has the role of the highest diplomatic representative abroad.
Federal Government
Alongside the Federal President, the Federal Government is the most important supreme body of the federal administration. It is responsible for the political deals of the Republic. One of its most important tasks is the preparation of bills.
A Federal Government consists of the Federal Chancellor, the Vice Chancellor, the federal ministers and state secretaries. The Federal Chancellor is the head of the Federal Government. This, however, is a collegial body, i.e. the Chancellor does not have any direct authority to issue directives to the federal ministers, for example.
The members of the government form the council of ministers which meets regularly and makes decisions.
Other executive authorities
at the federal level are, for example, the police and the armed forces.
Regional level
It is the supreme oversight body for company based apprenticeship training.
Provincial government
The provincial government has an executive function at the provincial level. It consists of the provincial governor, the provincial governor’s representatives and the members of the provincial government. The provincial government is elected by the provincial diet.
Provincial governor
The provincial governor presides over the provincial government. The provincial governors’ tasks comprise representing their province at the national and international level, coordination of all regional authorities in the event of crises and also acting as chair and dealing with the inauguration of the provincial government.
The provincial governors’ conference as a regular informal meeting of the nine provincial governors is, in practical terms, the most important body at the provincial level.
Local level
The districts and municipalities also have some tasks, but these are limited and few in number (e.g. in the area of security).
Ministries involved in education
Federal Ministry of Education, Science and Research (BMBWF)
The BMBWF is responsible for the entire school sector, from primary up to upper secondary level, for adult education and for the theme of “lifelong learning”. Universities, colleges, universities of applied sciences and university colleges of teacher education and also the corresponding research activities are within the sphere of responsibility of the BMBWF.
Federal Ministry for Digital and Economic Affairs (BMDW)
The BMDW is responsible for all tasks which concern dual training (apprenticeship training).
Federal Ministry of Social Affairs, Health, Care and Consumer Protection (BMSGPK)
BMSGPK is the supreme oversight body for education and training in health care (ISCED 454, 665 and 767 and also NQF levels 6 and 7).
Federal Ministry of Agriculture, Regions and Tourism (BMLRT)
BMLRT is responsible for the maintenance and staffing of higher-level schools of agriculture and forestry.
Federal Minister for Women, Family, Youth and Integration in the Federal Chancellery
Family allowances and child care responsibility is partly here and in the sphere of of the provinces.
Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology (BMK)
BMK is responsible for federally funded research, technology and innovation, especially in the fields of climate action, environment and energy.
The Federal Ministry of Defence (BMLV)
BMLV is responsible for training people who are doing compulsory military service and professional soldiers.