Federal Assembly (Austria)
| Federal Assembly | |
|---|---|
| Parliament logo | Parliament building |
|
|
| position | Control and decision-making body of Parliament |
| State authority | legislative branch |
| founding | October 1, 1920 (Austrian Federal Constitutional Law ) |
| Seat | Vienna 1 , Ringstrasse |
| Chair | alternately President of the National Council and Chairman of the Federal Council |
| Guarantee of existence | Art. 38–40 (Federal Assembly) B-VG |
| Website | www.parlament.gv.at |
The Federal Assembly is a constitutional body of the Republic of Austria . It is made up of the members of the National Council and the members of the Federal Council . The President of the National Council and the President of the Federal Council act as chairmen of the Federal Assembly in alternating order . The Federal Assembly finds its legal basis in Articles 38 to 40 B-VG . You are entrusted with executive tasks, some of which have never been carried out before. Since 1945, the Federal Assembly has only met to swear in one elected Federal President .
history
According to the Federal Constitutional Law of 1920, the Federal Assembly was primarily responsible for electing the Federal President. Although the popular election was planned after the comprehensive B-VG amendment of 1929, the provision was initially suspended so that Wilhelm Miklas was still elected by the Federal Assembly. After the re-enactment of the B-VG in 1945, this also applied to Karl Renner , whom the Federal Assembly unanimously elected head of state. Since the Federal President has been determined directly by the federal people since Theodor Körner's election in 1951 , the actual main task of the Federal Assembly was lost. Nevertheless, it continues to exist for the performance of its other functions as a constitutional body. The Federal Assembly has met 18 times since 1920, most recently when Alexander Van der Bellen swore in 2017.
tasks
Basics
The Federal Constitutional Act regulates the basic tasks of the Federal Assembly in Art. 38 as follows:
"The National Council and the Federal Council meet as the Federal Assembly in a joint public session to swear in the Federal President and to pass resolutions on a declaration of war at the seat of the National Council."
In principle, the Federal Assembly is convened by the Federal President. Exceptions are cases in which the head of state himself is the subject of consultation to the assembly - for example for the purpose of dismissal or indictment - and the swearing-in of a new federal president if the office is permanently terminated - for example through the death of the head of state. On these occasions, the right to convene passes to the Federal Chancellor or the committee of the three Presidents of the National Council.
The Federal Assembly and the Federal President
Although the Federal Assembly is made up of representatives of the federal legislative bodies, it does not pass any laws. It only fulfills specific tasks that are particularly related to the office of Federal President . This is how the Federal Assembly swears in the Federal President. Furthermore, at the request of the National Council - which must be supported by two thirds of the MPs - and after being convened by the Federal Chancellor with a simple majority, it decides on the implementation of a possible referendum for the early removal of the Federal President. In addition, the Federal Assembly has to give its consent to official prosecution or to the bringing of charges against the Federal President at the Constitutional Court for violating the Federal Constitution. So far, no Federal President has been proposed or charged for removal.
declaration of war
The Federal Assembly also decides on a declaration of war . No use has been made of this competence either.
Meeting and delimitation
The Federal Assembly has met 18 times since the Federal Constitutional Law came into force in 1920, most recently to swear in Alexander van der Bellen's first term as Federal President on January 26, 2017. Since the Federal Assembly meets in the meeting room of the former House of Representatives of the Austrian Reichsrat , which is more than 500 seats, but the constitutional body itself currently has only 244 members, public figures who do not themselves belong to the Federal Assembly, such as governors or former politicians, also take part in the meetings for the inauguration of the Federal President.
The Federal Assembly is to be distinguished from the joint celebratory and commemorative sessions of the National and Federal Councils, which are held annually, for example, to commemorate the liberation of the Mauthausen concentration camp on May 5 as part of the day of remembrance against violence and racism in memory of the victims of National Socialism or on the occasion of the death of high politicians. These celebratory and commemorative sessions also take place in the former session room of the House of Representatives , which is now the session room of the Federal Assembly, but they are not, however, meetings of the Federal Assembly.
See also
Web links
Individual evidence
- ↑ "In constitutional terms, the actions of the Federal Assembly are to be assigned to the state function of legislation." Öhlinger / Eberhard (2012): Verfassungsrecht, 9th edition, margin no. 433.
- ↑ The Federal Assembly is nevertheless an organ of the legislature, see Theo Öhlinger, Harald Eberhard: Verfassungsrecht . 9th, revised edition. facultas.wuv, Vienna 2012, ISBN 978-3-7089-0844-1 , Rn 433, 434a .
- ↑ Convening of the 18th Federal Assembly by resolution of the Presidium of the National Council, which performs the functions of the Federal President in accordance with Art. 64 Para. 1 B-VG, on December 22, 2016
