Federal Council (Austria)

The Federal Council constitutes in Austria next to the National Council, the second chamber of the Austrian Parliament. He is the representative body of the states on the federal level. The chairman of the Federal Council is referred to as President of the Bundesrat. The mandatories had the title of Member of the Federal Council, but are also common designations Federal or Federal Councillor.

Tasks

In political practice, the Federal Council in Austria has very little influence, as it in most cases compared to the National Council only a suspensive (ie suspensive ) has right of veto that can be overridden by the National Council by a resolution passed by a simple majority veto by resolution. This results in - with few exceptions - only at best a delaying effect on the rejection of a law.

A Zustimmrecht the Federal Council in the following cases:

Constitutional laws and regulations, which restrict the powers of the federal states ( two-thirds majority in the presence of half the members required, Article 44 para 2 B- VG)
Statutory provisions which relate to the rights of the Federal Council itself
Treaties, which governs matters within the autonomous sphere of the federal states. ( absolute majority, Article 50, para 4 B- VG)

Constitutional laws and regulations, which change Article 34 or 35 of the Federal Constitution Act, also B- VG need in accordance with Article 35 § 4 of the majority of the representatives of at least four countries in the Bundesrat.

In some matters (eg transferring tasks from the indirect Federal administration in the direct administration or change national borders ) countries also act directly in the legislative process of the federal government.

In constitutional amendments referendum also be carried out if one third of the members of the Federal Council so requests.

According to Article 42, Section 5 of the Federal Constitution, the Federal no participation rights in law, relating to any of the following points:

Amendment of the Rules of Procedure of the National Council
Resolution of the National Council ( premature termination of the legislative period )
Financial legislation (concerning the federal budget, etc.)

In contrast to the situation in the German Bundesrat applies in the Austrian Bundesrat, the free mandate. Each member of the Federal Council can vote freely, there is no compulsion block voting in faction or blocks of countries.

Composition

The number of members per state is determined in accordance with Article 34 of the Federal Constitutional Law by resolution of the Federal President after each general census in proportion to the population of the states to each other; the most populous country come to twelve seats, every country but at least three. 1993 a total of 65 members were defined in 2002 it was 62, currently consists of the Federal Council since August 12, 2013 from 61 members.

The individual cabinet ministers are nominated by the respective state legislatures in the Federal Council and reflect the approximate composition of the respective State Parliament resist. Here, the second largest party at least one member comes to the respective parliament. Otherwise, the order will be by proportional representation. The members of the Bundesrat are elected for the duration of the legislative period of the respective country day. You do not have to be members of the respective country day, but must be eligible for that.

The members of the Bundesrat are - unlike in the German Bundesrat - not bound by instructions of the respective State Parliament or the relevant provincial government ( free mandate ). Enjoy the immunity given to them by the respective parliament. The Federal President represents, in the six-month rotation of the countries in each case the strongest faction within a province. Chairmanship exchange is arranged alphabetically by state and correlated with that in the Governor 's Conference.

A composition according to parties

The Federal Council currently consists of the following groups:

Federal Councillors, who are elected on the basis of proposals by the same party diets, have the right to form a political group. A fraction consists basically of five federal councils together ( a lower number of Federal Councillors can combine only with the consent of the Bundesrat to a fraction). At present there are in the Bundesrat fractions of the SPÖ, ÖVP, FPÖ and the Greens, the Greens could form four -member Federal Council by the consent of the Federal Council in July 2013.

Current composition according to federal states

Criticism

The meaningfulness of the Bundesrat is controversial. Various political voices (especially the countries) want an appreciation of the Bundesrat, others on the contrary its abolition. Critics say the Federal Council is being abused by the parties as a political cadre to enable young politicians the first contact with the federal policy. In addition, he serves to unloved veteran member of parliament " wegzuloben ", such as the former liberal Rep. John Gudenus: After he had questioned the existence of gas chambers in question, he had to resign as a Member of Parliament, a few months later in the collect media remote Bundesrat.

Among political scientists, there is a wide majority for its abolition. A reform, in whatever direction, is proving to be difficult. Discussed are therefore not only his skills but also a different composition, eg, a body that is made up of representatives of the diets consist ( in personal union ) or the state governments. This could at least obtain financial savings. Also, the Federal Council was Angedacht by the unofficial committee of governors meeting ( an informal meeting of all state government bosses, not the constitutionally provided, however, organ ) to replace.

In its current form in which it can not prevent laws passed by the National Assembly as a rule, but merely slow down, he will be the claim, representation of the states in the federal legislative process, for several reasons not fair. Firstly, it reflects the fraction strengths of each country days, so that overall the strengths of the parties in the National Council and the Federal Council in approximately equal. This has the consequence that the balance of the parties in the two chambers is not much different. The seating arrangement of the Federal Councillors in the Chamber is not - in contrast to the German Federal Council - organized by state, but according to party affiliation. Furthermore, the Federal Council of the respective parties usually will not come together into independent groups, but together with the Members of Parliament her party belong to the relevant parliamentary clubs. This has the consequence that the federal councils a party follow the voting behavior of their colleagues in the National Council usually, making the voting behavior of the Federal Councillors is usually governed not by the interests of their own country, but of party interests.

By some political scientists the usefulness of a bicameral system in a country the size of Austria is called into question. Comparable countries, such as Sweden, Norway or Denmark usually have only a unicameral parliament.

As an argument for the retention of the Bundesrat is usually argued that bicameral systems in general are typical of states because the federal states of a participation and thus a certain influence on the federal legislation can be given by the Federal Council. Would the Federal Council will therefore be abolished without compensation, would therefore mean a total change of the Federal Constitution, which can only be performed by a qualified majority in the National Council and a committed referendum (Art 44 para 3 B- VG).

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