Persistence decision

The persistence resolution is a political instrument in Austria , with which a veto of the Federal Council can be lifted by the National Council.

After the Austrian National Council has passed a law , this requires the approval of the regional chamber (Bundesrat) before it comes into force. However, if the Federal Council rejects the proposed law, the National Council can pass a persistent resolution with a simple majority so that the law can nevertheless come into force. This is why the Federal Council's right of veto is also referred to as suspensive . In the case of a persistent resolution after the first reading of a law by the National Council, at least 50% of the MPs must be present; for a law resolution after the second or third reading, a third is sufficient.

So the Federal Council can only delay most laws, but not prevent them. An exception are laws that affect the rights of the federal states. Here the Federal Council has a final right of veto, which cannot be revoked by a persistent resolution. For the first and so far only time, such a veto was used in February 2019 for the planned resolution of the Green Electricity Act.

Exceptions

A persistence decision is not possible if the bill meets one of the following criteria:

• Constitutional laws and regulations that limit the powers of the federal states
• legal provisions that affect the rights of the Federal Council itself
• State treaties, which regulate matters of the independent sphere of activity of the federal states.

In these cases, the Federal Council has an absolute right of veto and thus a right of consent.