Austria

Law-making

Data on parliament’s law-making role and activities

Legislative activity

Number of laws adopted by parliament, per year
209 (2022)
See historical data for this field.
Notes For some parliaments, data can not be presented on an annual basis, for example because parliamentary sessions run from April to March of the following year. In such cases, the period to which the data corresponds is specified here.
Figures correspond to Federal Constitutional Laws and Federal Laws
Total number of laws adopted by Parliament in the previous legislature
207 (2019)
See historical data for this field.
Number of laws adopted in the previous legislature that were initiated by parliament
92 (2019)
See historical data for this field.
Number of laws adopted in the previous legislature that were initiated by the government
115 (2019)
See historical data for this field.
Dates of the previous legislature
09.11.2017 to 22.10.2019
See historical data for this field.
Outcome when the two chambers cannot agree on a piece of draft legislation For bicameral parliaments: Outcome when the two chambers cannot agree on a piece of draft legislationNot applicable; The legislation cannot be adopted unless both chambers agree; The decision of the lower chamber will take effect after a certain deadline; The decision of the upper chamber will take effect after a certain deadline; Other (please specify) For bicameral parliaments: Outcome when the two chambers cannot agree on a piece of draft legislation
Other (please specify)
Notes
Every National Council enactment is without delay transmitted to the Federal Council. It can only be authenticated and promulgated if the Federal Council raises no objection. The only exceptions are laws concerning the rules of procedure of the National Council, the federal budget, certain financial laws and the final federal budget account, where the Federal Council has no right of participation. While the Federal Council cannot change legislative proposals adopted by the National Council, it can reject them within a period of eight weeks by means of a reasoned objection to the National Council enactment. In so doing it exercises its veto power, which has, however, only a suspensive effect in most cases. In case of a veto the National Council has to deliberate once more on its enactment. It can reiterate its original decision on condition that at least one half of its Members are present. This “insistence” is final, and the Federal Council cannot object to it any more – it can thus only delay final enactment.
In some cases, however, the Federal Council has an ”absolute” veto. Matters that require the express approval of the Federal Council include:
- Constitutional laws or clauses restricting the competencies of the Provinces,
- Legal provisions affecting the Federal Council itself,
- State treaties that regulate matters falling within the autonomous sphere of competence of the Provinces.


Source Legal documents that stipulate parliament's role.
Federal Constitutional Law, Articles 35, 42, 44 and 50

Executive-legislative relations

Legislation adopted by parliament requires the assent of the Head of State In some countries, the Constitution foresees that legislation adopted by parliament must be signed into law by the Head of State. If so, the Head of State may, for example, have the power to veto the legislation, return it to parliament, or submit it to another body such as a constitutional court.
Yes
Source Legal documents that stipulate parliament's role.
Federal Constitutional Law, Article 47
Number of times the Head of State declined to give assent to legislation, per year
(2022)
See historical data for this field.
Consequences when the Head of State declines to give assent to legislation Consequences when the Head of State declines to give assent to legislation: Not applicable; No further action is taken. The legislation is rejected; The legislation is returned to Parliament for re-examination; The legislation is referred to the Constitutional/Supreme Court;The legislation is put to a referendum; Other (please specify)
Other (please specify):
Not applicable. The Head of State cannot decline to give assent to legislation adopted by parliament
No
Notes
The Head of State can only scrutinize the (formal) way in which a bill is passed and can scrutinize any content of a law.
The Head of State must deny assent if a law is unconstitutional.
Final decision when parliament and the Head of State do not agree Final decision when parliament and the Head of State do not agree: Not applicable; Parliament; Head of State; Constitutional/Supreme Court; Other (please specify)
Existence of a procedure to introduce emergency legislation
Click for historical data
See historical data for this field.
Notes For some parliaments, data can not be presented on an annual basis, for example because parliamentary sessions run from April to March of the following year. In such cases, the period to which the data corresponds is specified here.
Neither the Austrian Federal Constitution nor the Rules of Procedure of the National Council foresee urgent or extraordinary procedures. There is only one exception in Art. 18 para 3 Federal Constitutional Law that authorizes the Federal President to decree certain laws when the National Council is unable to convene. This clause has never been used. When there is a need for urgent measures it is common to speed up parliamentary proceedings (as i.e. in the COVID-19-crisis).
Not applicable. There is no procedure to introduce emergency legislation.
Yes