Federal Council of Austria
Encyclopedia
The Federal Council of Austria or Bundesrat (ˈbʊndəsʁaːt) is the second chamber of the Austrian parliament
Parliament of Austria
In the Parliament of Austria is vested the legislative power of the Republic of Austria. The institution consists of two chambers,* the National Council and* the Federal Council ....

, representing the nine States of Austria
States of Austria
Austria is a federal republic made up of nine states, known in German as Länder . Since Land is also the German word for a country, the term Bundesländer is often used instead to avoid ambiguity. The Constitution of Austria uses both terms...

 (Bundesländer) on federal level. As part of a bicameral
Bicameralism
In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....

 legislature alongside of the National Council of Austria
National Council of Austria
The National Council is one of the two houses of the Austrian parliament. According to the constitution, the National Council and the complementary Federal Council are peers...

 (Nationalrat), it can be compared with an upper house
Upper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...

 or a senate
Senate
A senate is a deliberative assembly, often the upper house or chamber of a legislature or parliament. There have been many such bodies in history, since senate means the assembly of the eldest and wiser members of the society and ruling class...

. In fact, however, it is far less powerful than the National Council: although it has to approve every new law decided for by this "lower" chamber, the latter can - in most cases - overrule the Bundesrat´s refusal to approve. The Bundesrat has its seat at the Austrian Parliament Building
Austrian Parliament Building
The Austrian Parliament Building in Vienna is where the two Houses of the Parliament of Austria conduct their sittings. The building is on the Ringstraße boulevard in the first district Innere Stadt, close by the Hofburg Palace and the Palace of Justice.The main construction lasted from 1874 to 1883...

 in Vienna
Vienna
Vienna is the capital and largest city of the Republic of Austria and one of the nine states of Austria. Vienna is Austria's primary city, with a population of about 1.723 million , and is by far the largest city in Austria, as well as its cultural, economic, and political centre...

, in a conclave of the former Herrenhaus
Herrenhaus
The German term Herrenhaus is equivalent to the English House of Lords and describes roughly similar institutions as the English House of Lords in German-speaking countries.More specifically, Herrenhaus, can refer to either of the following:...

chamber of the Imperial Council (Reichsrat).

Composition

The 62 members of the Federal Council (Bundesräte) are elected according to proportional representation
Proportional representation
Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...

 by each of the Austrian states' legislatures (Landtag
Landtag
A Landtag is a representative assembly or parliament in German-speaking countries with some legislative authority.- Name :...

e
) for 4- to 6-year terms. The composition of the Bundesrat therefore changes after every state election and the distribution of seats in the Austrian Landtage
Distribution of seats in the Austrian Landtage
Eight political parties are represented in the Landtage legislative assemblies of the nine Austrian states. Currently the Austrian People's Party , the Social Democratic Party of Austria and The Greens are represented in all state diets, while the Freedom Party of Austria lost its seats in the...

. The second largest faction of the particular Landtag has the right to designate at least one deputy. The number of representatives delegated by each Bundesland ranges between three and twelve, depending on its population as ascertained by a regular census; it is fixed per presidential
President of Austria
The President of Austria is the federal head of state of Austria. Though theoretically entrusted with great power by the constitution, in practice the President acts, for the most part, merely as a ceremonial figurehead...

 decree.

Though the Federal Council has no strong party discipline
Party discipline
Party discipline is the ability of a parliamentary group of a political party to get its members to support the policies of their party leadership. In liberal democracies, it usually refers to the control that party leaders have over its legislature...

, the deputies may ally along party lines and form political groups, which have to meet a quorum of five seats, if not admitted by particular resolution (as in case of the FPÖ
Freedom Party of Austria
The Freedom Party of Austria is a political party in Austria. Ideologically, the party is a direct descendant of the German national liberal camp, which dates back to the 1848 revolutions. The FPÖ itself was founded in 1956 as the successor to the short-lived Federation of Independents , which had...

). There are currently three groups in the Bundesrat:
MPs ÖVP
Austrian People's Party
The Austrian People's Party is a Christian democratic and conservative political party in Austria. A successor to the Christian Social Party of the late 19th and early 20th centuries, it is similar to the Christian Democratic Union of Germany in terms of ideology...

 
SPÖ
Social Democratic Party of Austria
The Social Democratic Party of Austria is one of the oldest political parties in Austria. The SPÖ is one of the two major parties in Austria, and has ties to trade unions and the Austrian Chamber of Labour. The SPÖ is among the few mainstream European social-democratic parties that have preserved...

 
FPÖ
Freedom Party of Austria
The Freedom Party of Austria is a political party in Austria. Ideologically, the party is a direct descendant of the German national liberal camp, which dates back to the 1848 revolutions. The FPÖ itself was founded in 1956 as the successor to the short-lived Federation of Independents , which had...

 
Non-Inscrits
Burgenland
Burgenland
Burgenland is the easternmost and least populous state or Land of Austria. It consists of two Statutarstädte and seven districts with in total 171 municipalities. It is 166 km long from north to south but much narrower from west to east...

 
3 1 2
Carinthia
Carinthia (state)
Carinthia is the southernmost Austrian state or Land. Situated within the Eastern Alps it is chiefly noted for its mountains and lakes.The main language is German. Its regional dialects belong to the Southern Austro-Bavarian group...

 
4 1 1 2 (FPK
Freedom Party in Carinthia
The Freedomites in Carinthia is a far right political party in Austria, operating in the federal state of Carinthia. Historically, it has been shaped by Jörg Haider...

)
Lower Austria
Lower Austria
Lower Austria is the northeasternmost state of the nine states in Austria. The capital of Lower Austria since 1986 is Sankt Pölten, the most recently designated capital town in Austria. The capital of Lower Austria had formerly been Vienna, even though Vienna is not officially part of Lower Austria...

 
12 7 3 1 1 (Greens)
Salzburg
Salzburg (state)
Salzburg is a state or Land of Austria with an area of 7,156 km2, located adjacent to the German border. It is also known as Salzburgerland, to distinguish it from its capital city, also named Salzburg...

 
4 2 2
Styria  9 4 4 1
Tyrol
Tyrol (state)
Tyrol is a state or Bundesland, located in the west of Austria. It comprises the Austrian part of the historical region of Tyrol.The state is split into two parts–called North Tyrol and East Tyrol–by a -wide strip of land where the state of Salzburg borders directly on the Italian province of...

 
5 3 1 1 (FRITZ)
Upper Austria
Upper Austria
Upper Austria is one of the nine states or Bundesländer of Austria. Its capital is Linz. Upper Austria borders on Germany and the Czech Republic, as well as on the other Austrian states of Lower Austria, Styria, and Salzburg...

 
11 6 3 1 1 (Greens)
Vienna
Vienna
Vienna is the capital and largest city of the Republic of Austria and one of the nine states of Austria. Vienna is Austria's primary city, with a population of about 1.723 million , and is by far the largest city in Austria, as well as its cultural, economic, and political centre...

 
11 1 6 3 1 (Greens)
Vorarlberg
Vorarlberg
Vorarlberg is the westernmost federal-state of Austria. Although it is the second smallest in terms of area and population , it borders three countries: Germany , Switzerland and Liechtenstein...

 
3 2 1
Overall 62 27 22 7 6

The President of the Federal Council is nominated by the largest party of each state in half-yearly intervals.

Role

As the Constitution of Austria
Constitution of Austria
The Constitution of Austria is the body of all constitutional law of the Republic of Austria on the federal level. It is split up over many different acts...

 (B-VG) draws a strict distinction between federal and state legislation, its Article 42 provides the Bundesrat only with the right to veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...

 federal laws passed by the National Council. Morevover in most cases a Federal Council's veto is just suspensive, meaning the National Council can override it, passing the law again by ordinary resolution of at least half of its members. Therefore, the decisions of the Bundesrat can only delay legislation.

In the following cases, though, the Federal Council's approval is mandatory:
  • Constitutional laws or regulations limiting the competencies of the federal states
  • Laws relating to the rights of the Federal Council itself
  • Treaties concerning the jurisdiction of the federal states.


Since its inauguration on 10 November 1920, the deputies of Bundesrat have never achieved the status of a counter balance in relation to the National Council. Over the decades the role of the Federal Council as a mere adjunct of the Austrian parliament has led to several discussions upon regulatory reforms, towards an actual representation of the states' governments modeled on the German Bundesrat
Bundesrat of Germany
The German Bundesrat is a legislative body that represents the sixteen Länder of Germany at the federal level...

 or the complete abolition of the second chamber. So far, the concept has been maintained as a manifestation of Austria's federal system
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...

.

The Federal Council and the National Council, if in joint session, form a third parliamentary body: the Federal Assembly
Federal Assembly of Austria
The Federal Assembly is the name given to a formal joint session of the two houses of the Austrian federal parliament, the National Council and the Federal Council....

 that convenes for the oath of office
Oath of office
An oath of office is an oath or affirmation a person takes before undertaking the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations...

 of the President of Austria
President of Austria
The President of Austria is the federal head of state of Austria. Though theoretically entrusted with great power by the constitution, in practice the President acts, for the most part, merely as a ceremonial figurehead...

.
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