Text of the Constitution (in English)
1. Provisions concerning the European Union
Article 23a. (1) The members to be delegated to the European Parliament by the Republic of Austria shall be elected in accordance with the principles of proportional representation on the basis of equal, direct, secret and personal suffrage for men and women who have completed their eighteenth year of life at the latest with the expiry of election day and on election day are either Austrian citizens and not excluded from the right to vote under the provisions of European Union law or are citizens of another member state of the European Union and eligible to vote under the provisions of European Union Law. The more detailed provisions about the electoral procedure will be made by Federal law.
(2) Federal territory constitutes for elections to the European Parliament a single electoral body.
(3) Eligible to be elected are all men and women who have completed their nineteenth year of life at the latest with expiry of election day and on the day appointed for election are either Austrian citizensand not excluded from the right to vote under the provisions of European Union law or citizens of another member state of the European Union and eligible to vote under the provisions of European Union Law.
(4) Exclusion from the right to vote and from eligibility can only ensue from a sentence by the courts.
(5) The implementation and conduct of elections to the European Parliament devolves upon the electoral boards appointed for elections to the National Council. Voting abroad need not take place before an electoral board. The more detailed provisions about voting abroad can only be passed in the presence of at least half the National Council’s members and by a two thirds majority of the votes cast.
(6) The electoral registers will be drawn up by the municipalities as part of their assigned sphere of competence.
Article 23b (1) Public employees who seek a seat in the European Parliament shall be granted the time necessary for the canvassing of votes. Public employees who have been elected to membership of the European Parliament shall for the duration of their duties be suspended from office accompanied by loss of their emoluments. The detailed provisions will be settled by law.
(2) University teachers can continue their activity in research and teaching and their examination activity also while they belong to the European Parliament. The emoluments for such activity shall be calculated in accordance with the services actually performed, but may not exceed twenty-five per cent of a university teacher’s salary.
(3) In so far as this Federal constitutional law stipulates the incompatibility of functions with membership or former membership of the National Council, these functions shall also be incompatible with membership or former membership of the European Parliament.
Article 23c (1) Austrian participation in the nomination of members of the Commission, the Court of Justice, the Court of First Instance, the Court of Auditors, the Managing Committee of the European Investment Bank, the Economic and Social Committee, and the Committee of the Regions within the framework of the European Union is incumbent upon the Federal Goverment.
(2) The Federal Goverment shall reach agreement with the Main Committee of the Nationalrat respecting the members of the Commission, the Court of Justice, the Court of First Instance, the Court of Auditors and the Managing Committee of the European Investment Bank. The Federal Goverment shall simultaneously inform the Main Committee of the National Council and the Federal President of its planned decision.
(3) The Federal Goverment shall on behalf of members of the Economic and Social Committee seek proposals from the statutory and other professional bodies of the various groups constituting the economic and social community.
(4) Austrian participation in the nomination of members of the Committee of the Regions and their deputies shall be effected on the basis of proposals from the Laender as well as from the Austrian Association of Cities and Towns (Austrian Municipial Federation) and the Austrian Association of municipalities (Austrian Communal Federation). In this connection the Laender shall propose respectively one, the Austrian Association of Cities and Towns and the Austrian Association of municipalities jointly three representatives.
(5) The Federal Government shall inform the National Council of the members named pursuant to paras. 3 and 4 above. The Federal Government shall inform the Federal Council of the members named pursuant to paras. 2, 3 and 4 above.
Article 23d (1) The Federation must inform the Laender without delay regarding all projects within the framework of the European Union which affect the Laender’s autonomous sphere of competence or could otherwise be of interest to them and it must allow them opportunity to present their views within a reasonable interval to be fixed by the Federation. Such comments shall be addressed to the Federal Chancellery. The same holds good for the municipalities in so far as their own sphere of competence or other important interests of the municipalities are affected. Representation of the municipalities is in these matters incumbent on the Austrian Association of Cities and Towns (Austrian Municipal Federation) and the Austrian Association of municipalities (Austrian Communal Federation) (Art. 115 para. 3).
(2) If the Federation in possession of a uniform comment by the Laender on a project within the framework of European Union where legislation is Land business, the Federation is bound thereby in negotiations with and voting in the European Union. It may deviate therefrom only for compelling foreign and integration policy reasons. The Federation must advise the Laender of these reasons without delay.
(3) In so far as a project within the framework of the European Union affects also matters whose legislation is Land business, the Federal Government can assign to a representative nominated by the Laender participation in the Council’s formation of its objective. The exercise of this authority will be effected in co-operation with the competent member of the Federal Government and in co-ordination with the latter. Para. 2 above applies to such a Land representative. In matters pertaining to Federal legislation the Laender representative is responsible to the National Council, in matters pertaining to Land legislation to the Land legislatures in accordance in respect with Art. 142.
(4) The more detailed provisions in respected of paras. 1 to 3 above shall be established in an agreement between the Federation and the Laender (Art. 15a para. 1).
(5) The Laender are bound to take measures which within their autonomous sphere of competence become necessary for the implementation of juridical acts within the framework of European integration should a Land fail to comply punctually with this obligation and this be established against Austria by a court within the framework of European Union, the competence for such measures, in particular the issuance of the necessary laws, passes to the Federation. A measure taken by the Federation pursuant to this provision, in particular the issue of such a law or the issue of such an ordinance, becomes invalid as soon as the Land has taken the requisite action.
Article 23e (1) The competent member of the Federal Government shall without delay inform the National Council and the Federal Council about all projects within the framework of the European Union and afford them opportunity to vent their opinion.
(2) If the competent member of the Federal Government in possession of an opinion by the National Council about a project within the framework of the European Union which shall be passed into Federal law or which bears upon the issue of a directly applicable juridical act concerning matters which would need to be settled by Federal legislation, then the member is bound by this opinion during European Union negotiations and voting. Deviation is only admissible for imperative foreign and integrative policy reasons.
(3) If the competent member of the Federal Government wishes to deviate from an opinion by the National Council pursuant to para. 2 above, then the National Council shall again be approached. In so far as the juridical act under preparation by the European Union would signify an amendment to existing Federal constitutional law, a deviation is at all events only admissible if the National Council does not controvert it within an appropriate time.
(4) If the National Council has pursuant to para. 2 above delivered an opinion, then the competent member of the Federal Government shall report to the National Council after the vote in the European Union. In particular the competent member of the Federal Government shall, if deviation from an opinion by the National Council has accurred, without delay inform the National Council of the reasons therefore.
(5) The maintenance of the National Council’s competencies pursuant to paras. 1 to 4 above is in principle incumbent on its Main Committee. The more detailed provisions relating to this will be settled by the Federal law on the National Council’s Standing Orders. On this occasion there can be settled in particular the extent to which a separate standing sub-committee of the Main Committee shall for the treatment of projects within the framework of the European Union be competent and the maintenance of the National Council’s competencies pursuant to paras. 1 to 4 above is reserved to the National Council itself. Art. 55 para. 3 holds good for the standing sub-committee.
(6) If the competent member of the Federal Government is in possession of an opinion by the Federal Council about a project within the framework of the European Union which needs imperatively be implemented by a Federal constitutional law that would in accordance with Art. 44 paras. 2 require the agreement of the Federal Council, then the member is bound by this opinion during European Union negotiations and voting. Deviation is only admissible for imperative foreign and integrative policy reasons. The maintenance of the Federal Council’s competencies pursuant to para. 1 above and this paragraph will be settled in more detail by the Standing Orders of the Federal Council. On this occasion there can be settled in particular the extent to which a specifically designated committee shall for the treatment of projects within the framework of the European Union be competent instead of the Federal Council and the extent to which the maintenance of the Federal Council’s competencies pursuant the para 1 and this paragraph is reserved to the Federal Council itself.
Article 23f (1) Austria takes part in the Common Foreign and Security Policy of the European Union by reason of Title V of the Treaty on European Union, as amended by the Treaty of Nice. This includes participation in tasks under Article 17 para. 2 of this Treaty as well as in measures whereby the economic relations with one or more third party countries are suspended, restricted or completely ceased. Decisions of the European Council on a common defence of the European Union and on an integration of the West European Union into the European Union require the adoption of resolutions by the National Council and the Federal Council by applying Article 44 paras. 1 and 2 analogously.
(2) Article 23e paras. 2 to 5 hold good for voting within the framework of the Common Foreign and Security Policy of the European Union by reason of Title V and of police and judicial cooperation in criminal matters by reason of Title VI of the Treaty on European Union, as amended by the Treaty of Nice.
(3) Voting on decisions concerning peace-keeping tasks and the tasks of combat forces in crisis management, including peace-making, as well as on decisions under Article 17 of the Treaty on European Union, as amended by the Treaty of Nice, concerning the progressive framing of a common defence policy and closer institutional relations with the West European Union requires the agreement between the Federal Chancellor and the Federal Minister for Foreign Affairs.
(4) If the decision to be adopted is likely to entail an obligation for Austria to dispatch units or individual persons, measures to be taken in accordance with para. 3 may be approved only with the reservation that this still requires the conduct of the procedure provided for under constitutional law governing the dispatch of units or individual persons to other countries.
Article 73 (1) Should a Federal Minister be temporarily prevented from discharging his responsibilities, the Federal President entrusts, upon recommendation of the Federal Chancellor and in consultation with the Federal Minister to be deputized or, if this is not possible, in consultation with the Vice-Chancellor, one of the other Federal Ministers, a State Secretary attached to the Federal Minister who is prevented from discharging his responsibilities, or a senior civil servant in the Federal Ministry concerned to deputize for him. This deputy carries the same responsibility as a Federal Minister (Art. 76). Staying in another Member State of the European Union is not deemed to prevent a Federal Minister from discharging his responsibilities.
(2) The Federal Minister competent for a matter can assign to another Federal Minister or a State Secretary the power to participate in the sessions of the Council of the European Union and within this framework to conduct the negotiations respecting a particular project and to vote thereon.
(3) A member of the Federal Government who is staying in another Member State of the European Union may let his business in the National Council or Federal Council be taken care of by a State Secretary attached to him or another Federal Minister. A member of the Federal Government, who is not deputized for, may assign his right to vote in the Federal Government to another Federal Minister; this does not affect his accountability. The voting right may only be assigned to a member of the Federal Government who has not already been entrusted with deputizing for another member of the Federal Government and whom a voting right has not already been assigned to.
2. Provisions concerning International Treaties
Article 10 (1) The Federation has powers of legislation and execution in the following matters:
1. the Federal Constitution, in particular elections to the National Council, and referenda as provided by the Federal Constitution; the Constitutional Court;
2. external affairs including political and economic representation with regard to other countries, in particular the conclusion of international treaties, notwithstanding Laender competence in accordance with Art. 16 para. 1; demarcation of frontiers; trade in goods and livestock with other countries; customs;
…
(3) The Federation must allow the Laender opportunity to present their views before its conclusion of treaties which within the meaning of Art. 16 render necessary enabling measures or affect the autonomous sphere of competence of the Laender in another way.
Article 15a. (1) The Federation and the Laender may conclude agreements among themselves about matters within their respective sphere of competence. The conclusion of such agreements in the name of the Federation is, depending on the subject, incumbent on the Federal Government or Federal Minister. Agreements which are to be binding also on the authorities of the Federal legislature can be concluded by the Federal Government only with the approval of the National Council. Art. 50 para. 3 shall by analogy be applied to such resolutions of the National Council; they shall be published in the Federal Law Gazette.
(2) Agreements between the Laender can only be made about matters pertaining to their autonomous sphere of competence and must without delay be brought to the Federal Government’s knowledge.
(3) The principles of international law concerning treaties shall apply to agreements within the meaning of para. 1 above. The same holds good for agreements within the meaning of para. 2 above, save as provided otherwise by corresponding constitutional laws of the Länder in question.
Article 16 (1) In matters within their own sphere of competence the Laender can conclude treaties with states, or their constituent states, bordering on Austria.
(2) The Governor must inform the Federal Government before the initiation of negotiations about such a treaty. The Federal Government’s approval must be obtained by the Governor before their conclusion. The approval is deemed to have been given if the Federal Government has not within eight weeks from the day that the request for approval has reached the Federal Chancellery told the Governor that approval is withheld. The authorization to initiate negotiations and to conclude the treaty is incumbent on the Federal President after the recommendation of the Land Government and with the countersignature of the Governor.
(3) Treaties concluded by a Land in accordance with para. 1 above shall be revoked upon request by the Federal Government. If a Land does not duly comply with this obligation, competence in the matter passes to the Federation.
(4) The Laender are bound to take measures which within their autonomous sphere of competence become necessary for the implementation of international treaties; should a Land fail to comply punctually with this obligation, competence for such measures, in particular too for the issue of the necessary laws, passes to the Federation. A measure taken by the Federation pursuant to this provision, in particular the issue of such a law or the issue of such an ordinance, becomes invalid as soon as the Land has taken the requisite action.
(5) In the same way the Federation is in the case of implementation of international treaties entitled to supervision also in such matters as belong to the Laender’s own sphere of competence. The powers vested in the Federation as against the Laender are in this instance the same as in matters pertaining to indirect Federal administration (Art. 102).
Article 48 Federal acts and such treaties ratified in accordance with Art. 50 will be published with reference to their adoption by the National Council, Federal laws based upon a referendum with reference to the result of that referendum.
Article 49 (1) Federal laws and the treaties specified in Art. 50 shall be published by the Federal Chancellor in the Federal Law Gazette. To the extent not explicitly provided otherwise, they become legally effective with expiry of the day of their publication and distributed, and apply to the entire Federal territory;
(2) The treaties ratified in accordance with Art 50 para 1 shall be published by the Federal Chancellor in the Federal Law Gazette.The National Council can on the occasion of ratifying a treaty as defined in Art. 50 resolve in which other manner the treaty or individual explicitly specified parts of it shall be published; such resolutions of the National Council shall be notified by the Federal Chancellor in the Federal Law Gazette. To the extent not otherwise expressly provided, treaties ratified in accordance with Art 50 para 1 become legally effective upon the expiry of the day on which they are published – in the case of the second clause upon expiry of the day of the promulgation of the resolution of the National Council – and shall apply to the entire territory of the Federation; this shall not apply to treaties to be complied with by issuance of an act (Art 50 para 2).
Article 50 (1) Political treaties, and others in so far as their contents modify or complement existent laws and do not fall under Art. 16 para. 1, may only be concluded with sanction of the National Council. In so far as such treaties settle matters within the autonomous sphere of competence of the Laender, they require in addition the approval of the Federal Council.
(2) At the time of giving its sanction to a treaty which falls under para. 1 above, the National Council can vote that the treaty in question shall be implemented by the issue of laws.
(3) Art. 42 paras. 1 to 4 inclusive and, should constitutional law be modified or complemented by the treaty, Art. 44 paras. 1 and 2 shall be analogously applied to resolutions of the National Council in accordance with paras. 1 and 2 above. In a vote of sanction adopted pursuant to para. 1 above, such treaties or such provisions as are contained in treaties shall be explicitly specified as "modifying the constitution".
Article 65 (1) The Federal President represents the Republic internationally, receives and accredits envoys, sanctions the appointment of foreign consuls, appoints the consular representatives of the Republic abroad, and concludes treaties. At the time of conclusion of a treaty not falling under Article 50, he can direct that the treaty in question shall be implemented by the issue of ordinances.
Article 66 (1) The Federal President can assign to the competent members of the Federal Government the right vested in him to appoint certain categories of federal civil servants.
(2) The Federal President can authorize the Federal Government or the competent members of the Federal Government to conclude certain categories of treaties which do not fall under the terms of Article 50; such an authorization extends also to the power to issue ordinances in accordance with Article 65 (1) second sentence.
(3) The Federal President can on the recommendation of a Land Government and with the countersignature of the Governor authorize the Land Government to conclude treaties in accordance with Art. 16 para. 1 when they neither modify nor complement existing laws; such an authorization extends also to the power to direct that these treaties shall be implemented by the issue of ordinances.
Article 89 (1) Save as otherwise provided by this Article, the courts are not entitled to examine the validity of duly published laws, ordinances, and treaties.
Article 140a (1) The Constitutional Court pronounces whether treaties are contrary to law. Art. 140 shall apply to treaties concluded with the sanction of the National Council pursuant to Art. 50 and to lawmodifying of law-amending treaties pursuant to Art. 16 para. 1, Art. 139 to all other treaties with the proviso that the authorities competent for their execution shall from the day of the judgment’s publication not apply those which the Court establishes as being contrary to law or unconstitutional unless it determines a deadline prior to which such a treaty shall continue to be applied. The deadline may not in the case of treaties specified in Art. 50 and of law-modifying or law-amending treaties pursuant to Art. 16 para. 1 exceed two years, in the case of all others one year.
(2) If the Constitutional Court establishes that a treaty is contrary to law or unconstitutional, a regulation of the Federal President concerning such treaty shall become ineffective under Art. 65 para 1 and a resolution of the National Council shall become ineffective under Art. 50 para 2 upon expiry of the day of the promulgation of the decision.
Article 145 The Constitutional Court pronounces judgment on contraventions of international law in accordance with the provisions of a special Federal law.
3. Provisions concerning constitutional reform
Article 44 (3) Any total revision of the Federal Constitution shall upon conclusion of the procedure pursuant to Art. 42 above but before its authentication by the Federal President be submitted to a referendum by the entire nation, whereas any partial revision requires this only if one third of the members of the National Council or the Federal Council so demands.
4. Provisions concerning referendums
Article 43 If the National Council so resolves or if the majority of members of the National Council so demands, every enactment of the National Council shall be submitted to a referendum upon conclusion of the procedure pursuant to Art. 42 above but before its authentication by the Federal President.
Article 44 (3) Any total revision of the Federal Constitution shall upon conclusion of the procedure pursuant to Art. 42 above but before its authentication by the Federal President be submitted to a referendum by the entire nation, whereas any partial revision requires this only if one third of the members of the National Council or the Federal Council so demands.
Article 45 (1) For a referendum the absolute majority of the validly cast votes is decisive.
(2) The result of a referendum shall be officially announced. Art. 46. (1) The procedure for an initiative and a referendum will be prescribed by Federal law.
(2) Everyone who on the day the initiative or referendum is held has the right to vote for the National Council shall be eligible to vote.
(3) A referendum takes place at the order of the Federal President.
Article 48 Federal acts and such treaties ratified in accordance with Art. 50 will be published with reference to their adoption by the National Council, Federal laws based upon a referendum with reference to the result of that referendum.
Article 60 (1) The Federal President is elected by the nation on the basis of equal, direct, secret and personal suffrage. If there is only one candidate, the election shall take place by way of referendum.
(6) Before expiry of his term of office the Federal President can be deposed by referendum. The referendum shall be held if the Federal Assembly so demands. The Federal Assembly shall be convoked by the Federal Chancellor for this purpose if the National Council has passed such a motion. The National Council vote requires the presence of at least half the members and a majority of two thirds of the votes cast. By such a National Council vote the Federal President is prevented from the further exercise of his office. Rejection by the referendum of the deposition holds good as a new election and entails the dissolution of the National Council (Art. 29 para. 1). In this instance too the Federal President’s total term of office may not exceed twelve years.