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Austria government political science constitutional law government structure

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This document provides a summary of the principles, structure, and functions of the Austrian government. It details Austria's democratic system, its republican form of government, and its federal state structure. The summary also covers topics like the Federal President, separation of powers, the parliament, and the federal government's role.

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**[PRINCIPLES:]** **Austria is a democracy** = Policies are chosen by the people or representatives, elected by the people. Elections have equal voting rights and officials can be voted out. Freedom of press and speech is included. **Austria is a Republic** There is Austrias head of state, which...

**[PRINCIPLES:]** **Austria is a democracy** = Policies are chosen by the people or representatives, elected by the people. Elections have equal voting rights and officials can be voted out. Freedom of press and speech is included. **Austria is a Republic** There is Austrias head of state, which is the Federal President(All Austrian citizens over the age of 35), who is elected every 6 years with a maximum of 2 terms. **Austria is a federal state** Austria is divided into nine federal states, 118 political districts and 2100 municipalities. Decisions are made for the state, district and the municipalities, not just for the state. interests of the provinces are represented by the provincial governors and in parliament by the Federal Council. **Austria is a constitutional state** Laws are to be obeyed by all state organs (federal government, federal president, etc.). There are controllers, especially courts, who make sure that those laws are obeyed. They are irremovable **Liberal Principle** Refers to liberal fundamental rights and their protection. They are intended to secure the freedom and security of all people living in Austria. All laws must not contradict any of the fundamental rights. Monitored by the the independent courts, primarily the Constitutional Court, they can repeal or change laws if they violate the fundamental rights. **[\ ]** **[1.Federal President]** Head of State. Every Six years people can vote directly for the federal president. Maximum of 2 Terms = 12 years. The Office is in the Hofburg Vienna. He has 8 duties: - appoints and dismisses the federal government - represents Austria - signs laws - commander-in-chief of the Austrian armed forces - orders referendums "Volksabstimmung" on laws when necessary - dissolves the National Council or the provincial parliaments as required - appoints the senior civil servants of the administration and the judges - appoints the members of the Administrative Court and the Constitutional Court The federal president needs a proposal from the federal government or federal minister for his duties. Alexander Van der Bellen has been the federal president since 26.01.17 Ein Bild, das Text, Diagramm, Plan, technische Zeichnung enthält. Automatisch generierte Beschreibung **[2. Separation of Powers]** **Legislative/Legislature** Laws are passed here. Mainly the task of the parliament (National Council and Federal Council), the provincial parliaments and the EU Parliament. **Executive** These laws are executed here. Task of the federal -minister, -government, -president, the state government and the rest of the administration (e.g. magistrate, mayor, municipal office, police, etc.). **Judikative/Judiciary** Dispenses justice. Task of the courts. These "powers" are separated (as laid down in the federal constitution) so they can control each other. The courts (judiciary) decide citizens\* legal disputes and criminal cases and also whether the laws do not violate the Constitution. The parliament (legislative) controls the work of the government (executive). The judiciary is separated from the administration. This also means that people are not allowed to hold two specific offices at the same time. The separation is also so that one person does not have too much power and influence. **[3. Parliament]** Legislative place and political discussion. Composed of the National Council and the Federal Council. They pass and review laws that apply to all of Austria and control the work of the government. **National Council** - Composition: 183 members, elected every five years. - Leadership: Headed by the President of the National Council. - Law-Making Process: Laws are drafted and discussed in committees, where civil servants and experts may be invited. Final voting sessions are public and accessible to citizens. - Committees: Used for discussing proposed laws in detail before voting in the full assembly. **Federal Council** - Role: Represents the interests of the nine federal states in the legislative process. - Veto Power: Can object to laws passed by the National Council, but the National Council can override the veto. - Formation: Members are not directly elected but are delegated by the state parliaments based on party strength. Membership changes after each state election. **Federal Assembly** - Purpose: The combined National Council and Federal Council. Can initiate a referendum to remove the Federal President if they violate duties. - Government Formation: After National Council elections, the Federal President assigns the head of the winning party to form a government, usually through a coalition for majority support. **[4. Federal Government]** Consists of the Federal Chancellor, Federal Ministers, and State Secretaries. They implement the laws and make legislative proposals. **Formation of the government** - After the National Council elections, the party with the most votes (or coalition parties) forms a government. - The Federal President appoints the government but can reject ministers or the whole goverment. **Function** Implements laws, drafts legislative proposals, and needs National Council support to pass policies, which is why two or more parties usually form a government (coalition) to jointly have most of the deputies in parliament. **Sole Government** If a single party wins more than half of the seats, it can govern alone without forming a coalition. **Minority Government** In cases where the governing party or coalition lacks a majority, it must negotiate with other parties to gain support on each legislative proposal to pass laws. **Vote of No Confidence** If the National Council loses confidence in the government or individual ministers, the Federal President must dismiss it/them. **[5. Courts and Jurisdiction]** The judiciary, also known as the judicial branch, includes courts and judges who make sure laws are followed and the constitution is followed. **Constitutional State** Austria is a constitutional state, meaning that the constitution and laws protect fundamental rights and freedoms. The judiciary checks if these rights are respected. **Legal Systems** Austria follows both **EU law** and **Austrian law**, which includes private law (for individual matters) and public law (for government matters). **Administrative Court, Constitutional Court, and Court of Audit** - Administrative Court: Ensures that government officials follow the law. - Constitutional Court: Checks that laws, treaties, and actions by top officials (like the Federal President or Chancellor) follow the constitution. - Court of Audit: Audits state spending to make sure funds are used properly. This court is led by a president, chosen by the National Council for a 12-year term. **The Ombudsman Board** Checks for any unfair treatment by Austrian authorities. Any resident of Austria can contact this board if they feel wronged. **EU Courts** - Court of Justice of the European Union: Checks if Austria's national laws match EU laws. - European Court of Auditors: Monitors EU spending, including in Austria. **[6. Voters and Elections]** Elections are essential to Austria's democracy, allowing people to choose who represents them in government. - **Voting Age**: 16. - **Eligible Offices**: Voters can elect members of the municipal council, provincial parliament, National Council, European Parliament, and Federal President. In Vienna, they also elect district representatives. - **Voting Rights**: Voting in Austria is universal, equal, direct, free, secret, and personal. - **Election Process**: - Voting is usually done in person at a polling station. Voters fill out their ballot privately, place it in an envelope, and drop it in a secure ballot box. - **Absentee Ballots**: Voters who cannot be present on election day can request an electoral card to vote by mail. - **Mandates**: After voting, the results are converted into seats (mandates) in the National Council or other councils, and parties begin negotiations to form a government. **[7. Representation of Interests]** In Austria, groups with common interests often join to have a stronger voice in politics. - **Social Partnership**: This is the main association for interest groups in Austria, which includes both employers and employees. - **Main Members**: - **Austrian Federal Chamber of Labor** and **Austrian Federation of Trade Unions**: Represent employees and consumers. Workers\' rights, offer legal advice, and ensure protections under Austrian law. - **Austrian Federal Economic Chamber**: Represents the business community, negotiating issues like wages, working conditions, and notice periods with the Trade Unions. - **Federation of Austrian Industries** and **Austrian Chamber of Agriculture**: For agricultural and industrial interests. - **Role**: These groups negotiate with the government and represent their members' needs. For example, they discuss topics like wages, working conditions, and business regulations. **[8. Federal, State, and Municipal Responsibilities]** Austria has different levels of government: federal, state, and municipal. Each level has its own responsibilities. - **Federal Government**: Manages nationwide matters, like foreign policy and defense, and has more powers than other levels. - **States**: Handles regional matters like youth protection, building laws, hunting, and nature conservation. Laws passed by state parliaments apply only within that state. - **Municipalities**: Local governments manage issues that only affect their communities, e.g. building permits. - **Funding**: States and municipalities receive tax money from the federal government through a system called fiscal equalization. - **Representation in Parliament**: The states are represented in the Federal Council, where they can influence federal laws. **[\ ]** **[9. European Union and Austria]** Austria is an EU member since 1995, it follows EU rules and participates in EU decisions. **U Political Institutions** - European Parliament: Every five years, Austrian citizens elect members to represent Austria in the European Parliament. - Council of the European Union: Ministers from Austria's Federal Government participate in this council to help shape EU policies. - European Court of Justice: Ensures that EU laws are interpreted and applied consistently across all member states. - European Council: Includes heads of state from each member country. For Austria, the Federal Chancellor attends these meetings to discuss major EU policies. - European Commission: Each EU country, including Austria, has one Commissioner who represents its interests in this body. The European Commission proposes and enforces EU laws. - European Court of Auditors: Checks that EU funds are used correctly. - European Central Bank: Manages the euro and EU monetary policy.

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