⚖ Made simple
Austria in five sentences
This is test area 1 (“demokratische Grundordnung”). The test is in German, so the German term is shown next to each idea: learn it. Almost every question in the test links back to one of these sentences.
Austria is a democratic republic demokratische Republik. Its law emanates from the people (Article 1 of the constitution).
Austria is a federal state Bundesstaat made up of 9 federal states Bundesländer. The capital is Vienna.
Power is divided: making laws (parliament), carrying them out (government, administration), judging (independent courts) Gewaltenteilung.
Austria is governed by the rule of law Rechtsstaat: the state must obey the law too. Everyone has fundamental rights Grundrechte.
Austria is neutral neutral (since 1955) and a member of the EU (since 1995).
The six principles of the constitution in German: Demokratisch, Republikanisch, Bundesstaatlich, Rechtsstaatlich, Gewaltenteilend, Liberal. Remember: “Drei Rote Bären Rufen Ganz Laut” — “three red bears shout very loudly”.
III Separation of powers
Three pillars of power
Legislature
Gesetzgebung · Legislative
Parliament: National Council and Federal Council. In the states: state parliaments (Landtage).
Executive
Vollziehung · Exekutive
Federal President, federal government, ministries, police, authorities. In the states: state governments.
Judiciary
Gerichtsbarkeit · Judikative
Independent judges. Nobody may give them instructions.
🏛 State bodies
Who does what?
| Body | Who / how many | Election, term | Task |
|---|---|---|---|
| National Council Nationalrat | 183 members | elected by the people every 5 years | passes federal laws and the budget, scrutinises the government (e.g. no-confidence motion, committee of inquiry) |
| Federal Council Bundesrat | about 60 members | sent by the state parliaments, number per state based on population | represents the federal states, can usually only delay laws (objection) |
| Federal Assembly Bundesversammlung | National Council + Federal Council together | — | swearing in the Federal President |
| Federal President Bundespräsident/in | 1 person | directly elected by the people, 6 years, re-electable once | head of state: appoints the Chancellor and government, signs laws, commands the armed forces, represents Austria abroad |
| Federal government Bundesregierung | Chancellor, Vice-Chancellor, ministers | appointed by the President, needs the National Council’s confidence | runs the federal administration |
| State parliament Landtag | one per state | elected by the state’s voters | state laws, elects the state government |
| State governor Landeshauptmann/-frau | one per state | elected by the state parliament | leads the state government |
| Municipality Gemeinde | mayor (Bürgermeister/in), council | municipal election | local self-government; Vienna is both a state and a municipality |
183 members · 5 years National Council · 6 years President · 16 voting age · 9 federal states · 100,000 signatures for a citizens’ initiative
How is a law made?
- Proposal (usually from the government, also from MPs, the Federal Council or a citizens’ initiative)
- Committee debate and vote in the National Council
- The Federal Council agrees or objects
- The Federal President certifies (signs) it, the Chancellor countersigns
- Publication in the Federal Law Gazette (Bundesgesetzblatt): the law now applies
⚖ Checks
Courts and oversight
Constitutional Court VfGH
Checks whether laws comply with the constitution and can strike them down. Protects fundamental rights. Based in Vienna.
Supreme Administrative Court VwGH
Highest instance for disputes with authorities. Below it, the administrative courts decide (e.g. on your citizenship decision).
Supreme Court OGH
Highest court for civil and criminal cases.
Court of Audit Rechnungshof
Checks how the state spends money. A body of parliament.
Ombudsman Board Volksanwaltschaft
Three ombudspersons. Anyone can complain free of charge if an authority acts wrongly.
✔ Fundamental rights
Your rights, simply put
Fundamental rights are found mainly in the Basic Law of 1867 (Staatsgrundgesetz) and the European Convention on Human Rights (EMRK), which has had constitutional rank in Austria since 1964.
Equality Gleichheit
Everyone is equal before the law; women and men have equal rights.
Freedom of expression and press Meinungsfreiheit
You may say and publish your opinion. Limits include incitement to hatred and Nazi propaganda.
Freedom of religion Religionsfreiheit
Everyone may have a religion, change it or have none.
Assembly and association Versammlungsfreiheit
Peaceful demonstrations and associations are allowed.
Protection of the person
Right to life, ban on torture, protection of private life, home and correspondence. The death penalty is abolished.
Fair trial
An independent court, the right to a defence, no punishment without law.
☑ Having a say
Voting and direct democracy
Right to vote Wahlrecht
From 16 (since 2007). Elections are universal, equal, direct, personal, free and secret (allgemein, gleich, unmittelbar, persönlich, frei, geheim). Women have voted since 1918.
Citizens’ initiative Volksbegehren
A bill proposed by citizens. With 100,000 signatures the National Council must debate it, but need not pass it.
Referendum Volksabstimmung
The people make a binding decision. Examples: 1978 no to the Zwentendorf nuclear plant, 1994 yes to joining the EU.
Consultative poll Volksbefragung
The people are asked their opinion; the result is not binding. Example: 2013 on conscription.
★ Symbols
Flag, coat of arms, anthem
Flag Flagge
Red-white-red, three horizontal stripes.
Coat of arms Wappen
An eagle with a mural crown, sickle and hammer. Since 1945 with broken chains as a sign of liberation.
Anthem Bundeshymne
“Land der Berge, Land am Strome”. Since 2012 the line reads “Heimat großer Töchter und Söhne” (home of great daughters and sons).
National Day
26 October: in 1955 the National Council passed the law on permanent neutrality.
Languages
The official language is German. Croatian, Slovene and Hungarian are recognised regionally.
International role
Vienna hosts the UN (UNO City), the OSCE, the IAEA and OPEC. Austria has been a UN member since 1955.