Austria
National Council
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Political system
Political systems: Presidential, Parliamentary, Presidential-Parliamentary, Monarchy, Communist, Transitional.
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Presidential-Parliamentary
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Structure of parliament
Structure of parliament: Unicameral, bicameral
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Bicameral
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IPU membership
Current membership status
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Yes
Law-making
Data on parliament’s law-making role and activities
Legislative activity
- Number of laws adopted by parliament, per year
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209(2022)
Notes: Figures correspond to Federal Constitutional Laws and Federal Laws
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Total number of laws adopted by Parliament in the previous legislature
“Legislature” refers to the full period between the first session of a new legislature until it’s dissolution.
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207(2019-10 - 2019-11)
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Number of laws adopted in the previous legislature that were initiated by parliament
In some cases other entities have the right to initiate legislation in national parliaments – such as citizens, autonomous regions, and other high-level government institutions.
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92(2019-10 - 2019-11)
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Number of laws adopted in the previous legislature that were initiated by the government
In some cases other entities have the right to initiate legislation in national parliaments – such as citizens, autonomous regions, and other high-level government institutions.
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115(2019-10 - 2019-11)
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Percentage of laws initiated by parliament in the previous legislature
The percentage is calculated by dividing the number of the laws adopted that were initiated by parliament by the total number of laws adopted in the previous legislature.
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44%(2019-10 - 2019-11)
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Dates of the previous legislature
Refers to the full period between the first session of a new legislature until it’s dissolution
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09 Nov 2017 to 22 Oct 2019(2019-10 - 2019-11)
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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
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Other
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.
Sources: Federal Constitutional Law, Articles 35, 42, 44 and 50
Executive-legislative relations
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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.
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Yes
Sources:
Federal Constitutional Law, Article 47
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Number of times the Head of State declined to give assent to legislation, per year
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.
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0(2022)
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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)
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Other
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.
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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)
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Not applicable
Existence of a procedure to introduce emergency legislation
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There is a procedure for introducing emergency legislation into parliament
In some countries, the Constitution may allow the government to submit emergency legislation to parliament. The provision may, for example, allow the government to set a deadline for parliament to debate a particular bill. The procedure may also be referred to differently depending on the parliament, for e.g., urgent proceedings. In general, this is a formalized procedure that involves speeding up the passage of legislation by circumventing normal processes.
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Yes
- Number of times the procedure for emergency legislation was used, per year
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0
Notes: 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).