Austria 1920 Constitution (reinstated 1945, reviewed 2013) - Page 2 of 9

Table of Contents

Chapter II. Federal Legislation

A. The National Council

Article 24

The legislative power of the Federation is exercised by the National Council jointly with the Federal Council.

Article 25

The seat of the National Council is Vienna, the Federal capital.
For the duration of extraordinary circumstances the Federal President can at the request of the Federal Government convoke the National Council elsewhere within the Federal territory.

Article 26

The National Council is elected by the Federal people in accordance with the principles of proportional representation on the basis of equal, direct, personal, free and secret suffrage by men and women who have completed their sixteenth year of life on the day of election.
The Federal territory will be divided into self-contained constituencies whose boundaries may not overlap the Laender boundaries; these constituencies shall be sub-divided into self-contained regional constituencies. The number of deputies will be divided among the qualified voters of the constituencies (electoral bodies) in proportion to the number of nationals who in accordance with the result of the last census had their principal domicile in a particular constituency plus the number of those who on the day of the census did not have their principal domicile in Federal territory, but were entered on the electoral register of a municipality pertaining to that particular constituency; the number of deputies allocated to a constituency will be divided in the same way among the regional constituencies. The National Council electoral regulations shall provide for a final distribution procedure relating to the whole Federal territory whereby in accordance with the principles of proportional representation which ensures a balance between the seats allocated to the parties standing for election in the constituencies and the distribution of the as yet unallocated seats. A division of the electorate into other electoral bodies is not admissible.
The day of election must be a Sunday or a statutory holiday. If other circumstances arise that impede the start, the continuation or the conclusion of the election, the electoral board can prolong to the next day or adjourn the election
Eligible for election are those being entitled to vote for the National Council, who are in the possession of the Austrian nationality on the keydate and have completed their eighteenth year of life on the day of election.
Exclusion from the right to vote or eligibility, also to respectively varying extent may only be provided by Federal Law as consequence of a final sentence by the courts.
Persons entitled to vote presumably prevented on the day of election to cast their vote before the electoral authority, for example for absence, for reasons of health or staying abroad may make use of their right to vote by postal ballot upon application indicating the reason. The identity of the applicant is to be proven prima facie. The qualified voter has to declare by signature in lieu of oath, that the vote has been cast personally and confidentially.
The electoral register will be drawn up by the municipalities as part of their assigned sphere of competence.
Further details of the electoral procedure are determined by Federal law.

Article 26a

The implementation and organization of the elections to the European Parliament, the National Council, the Federal President and of referenda and plebiscites as well as the participation in the control of popular initiatives, consultations of the people as well as the participation in the implementation of European citizens’ action groups is incumbent to election authorities being constituted anew before each election to the National Council. Members of the campaigning parties have to sit in the election authority, as committee members, having a vote, in the Federal election authority also active or retired judges; the number of committee members is to be determined in the election rules to the National Council. The members not being judges shall be appointed on the basis of proposals of the campaigning parties corresponding to their proportion in the preceding election to the National Council. Parties represented in the recently elected National Council not being entitled to the appointment of committee members are however entitled to propose a committee member for the Federal election authority.

Article 27

The legislative period of the National Council lasts five years, calculated from the day of its first meeting, but in any case until the day on which the new National Council meets.
The newly elected National Council shall be convened by the Federal President within thirty days after the election. The latter shall be so arranged by the Federal Government as to enable the newly elected National Council to meet on the day after the expiry of the fifth year of the legislative period.

Article 28

The Federal President convokes the National Council each year for an ordinary session which shall not begin before 15 September and not last longer than 15 July the following year.
The Federal President can also convoke the National Council for extraordinary sessions. If the Federal Government or at least one third of the members of the National- or the Federal Council so demands, the Federal President is bound to convoke the National Council for an extraordinary session to meet moreover within two weeks of the demand reaching him; the convocation needs no countersignature. A request by members of the National Council or by the Federal Council does not require a recommendation by the Federal Government.
The Federal President declares sessions of the National Council closed in pursuance of a vote by the National Council.
Upon the opening of a new National Council session within the same legislative period work will be continued in accordance with the stage reached at the close of the last session. At the end of a session individual committees can be instructed by the National Council to continue their work. From the beginning of a legislative period popular initiatives and citizens’ initiatives submitted to the National Council are regarded as business for the newly elected National Council. The Federal law on the National Council’s Standing Orders can determine the same for further business.
During a session the President of the National Council convokes the individual sittings. If during a session the number of members stipulated by the Federal law on the National Council’s Standing Orders or the Federal Government so demands, the President is bound to convoke a sitting. More detailed provisions are settled by the Federal law on the National Council’s Standing Orders which shall also prescribe a period within which the National Council must convene.
The Federal law on the National Council’s Standing Orders shall lay down special provisions for its convocation in the event of the elected President’s being precluded from the performance of their office or being deprived of their functions.

Article 29

The Federal President can dissolve the National Council, but he may avail himself of this prerogative only once for the same reason. In such case the new election shall be so arranged by the Federal Government that the newly elected National Council can at the latest meet on the hundredth day after the dissolution.
Before expiry of a legislative period the National Council can vote its own dissolution by simple law.
After a dissolution pursuant to para 2 above as well as after expiry of the period for which the National Council has been elected, the legislative period lasts until the day on which the newly elected National Council meets.

Article 30

The National Council elects the President, the Second and Third Presidents from among its members.
The business of the National Council is conducted in pursuance of a special Federal law. The Federal law on the National Council’s Standing Orders can only be passed in the presence of half the members and by a two thirds majority of the votes cast.
The Parliamentary Staff, which is subordinate to the President of the National Council, is competent for the assistance with Parliamentary tasks and the conduct of administrative matters within the scope of the authorities of the Federation’s legislature as well as of similar tasks and administrative matters concerning the members of the European Parliament having been elected in Austria. The internal organization of the Parliamentary staff for matters pertaining to the Federal Council shall be settled in agreement with the Chairman of the Federal Council who is likewise invested with authority to issue instructions as to implementation of the functions assigned to the Federal Council on the basis of the law.
The nomination of Parliamentary Staff employees and all other competences in personnel matters lie with the President of the National Council.
The President of the National Council can second Parliamentary Staff employees to parliamentary parties for help in the fulfillment of parliamentary duties.
The President of the National Council is the highest administrative authority in the execution of the administrative matters for which he is in accordance with this Article competent and he exercises these powers in his own right. He mag issue ordinances inasmuch as these exclusively concern administrative matters regulated by this Article.

Article 31

Save as otherwise provided in this law or as otherwise laid down in the Federal law on the Standing Orders with regard to individual matters, the presence of at least one third of the members and an absolute majority of the votes cast is requisite to a vote by the National Council.

Article 32

The sessions of the National Council are public.
The public shall be excluded if the Chairman or the number of members established in the Federal law on the National Council’s Standing Orders so demands and the National Council votes this after the withdrawal of the audience.

Article 33

No one shall be called to account for publishing the accounts of proceedings in the public sessions of the National Council and its committees.

B. The Federal Council

Article 34

Pursuant to the following provisions, the Laender are represented in the Federal Council in proportion to the number of nationals in each Land.
The Land with the largest number of citizens delegates twelve members, every other Land as many as the ratio in which its nationals stand to those in the first-mentioned Land, with remainders which exceed half the coefficient counting as full. Every Land is however entitled to a representation of at least three members. A substitute will be appointed for each member.
The number of members to be delegated by each Land accordingly will be laid down after every general census by the Federal President.

Article 35

The members of the Federal Council and their substitutes are elected by the Diets for the duration of their respective legislative periods in accordance with the principle of proportional representation but at least one seat must fall to the party having the second largest number of seats in a Diet or, should several parties have the same number of seats, the second highest number of votes at the last election to the Diet. When the claims of several parties are equal, the issue shall be decided by lot.
The members of the Federal Council need not belong to the Diet which delegates them; they must however be eligible for that Diet.
After expiry of the legislative period of a Diet or after its dissolution the members delegated by it to the Federal Council remain in office until such time as the new Diet has held the election to the Federal Council.
The provisions of Arts. 34 and 35 can only be amended -apart from the majority of votes requisite in general to the adoption of a resolution there -if in the Federal Council the majority of the representatives from at least four Laender has approved the amendment.

Article 36

The Laender succeed each other in alphabetical order every six months in the chairmanship of the Federal Council.
As chairman acts the top-listed representative of the Land designated for the chair, whose mandate goes to the party having the largest number of seats in the Diet or, if several parties have an equal number of seats, had the highest number of voters in the most recent Diet election; in case of equal entitlements of several parties the decision is made by lot. However, the Diet can resolve, that the chair shall be held by another representative of the Land, whose mandate in the Federal Council is with the same party; such resolution however requires the approval of the majority of those members of the Diet, whose mandates in the Diet are with this party. The appointment of the deputies of the chairman is governed by the Federal Council´s Standing Orders. The chairman carries the title “President of the Federal Council”, his deputies carry the title “Vice-President of the Federal Council”.
The Federal Council will be convoked by its Chairman at the seat of the National Council. The Chairman is bound immediately to convoke the Federal Council if at least one quarter of its members or if the Federal Government so demands.
The Governors are entitled to participate in all Federal Council proceedings. In accordance with the specific rules of the Federal Council’s Standing Orders they have at their request always the right to be heard on business relating to their Land.

Article 37

Save as otherwise provided by this law or as otherwise laid down in the Federal Council’s Standing Orders in regard to individual matters, the presence of at least one third of the members and an absolute majority of the votes cast is requisite for a resolution by the Federal Council.
The Federal Council furnishes itself with Standing Orders by way of resolution. This resolution can only be adopted in the presence of half the members with a two thirds majority of the votes cast. Provisions effectual also beyond the internal scope of the Federal Council can be made in the Standing Orders in so far as this is requisite for its handling of business. The Standing Orders have the status of a Federal law; they shall be published by the Federal Chancellor in the Federal Law Gazette.
The meetings of the Federal Council are public. Nevertheless the public can, pursuant to the provisions of the Standing Orders, be excluded by resolution. The provisions of Article 33 apply also to public meetings of the Federal Council and its committees.

C. The Federal Assembly

Article 38

The National Council and the Federal Council meet as the Federal Assembly in joint public session at the seat of the National Council for the affirmation of the Federal President as well as for the adoption of a resolution on a declaration of war.

Article 39

Apart from the cases stated in Article 60 para 6 Article 63 para 2, Article 64 para 4 and Article 68 para 2, the Federal Assembly is convoked by the Federal President. The chairmanship alternates between the President of the National Council and the Chairman of the Federal Council, beginning with the former.
The Federal Law on the National Council’s Standing Orders is applied analogously in the Federal Assembly.
The provisions of Article 33 hold good also for the sessions of the Federal Assembly.

Article 40

The resolutions of the Federal Assembly are authenticated by its Chairman and countersigned by the Federal Chancellor.
The resolutions of the Federal Assembly upon a declaration of war shall be officially published by the Federal Chancellor.

D. Federal Legislative Procedure

Article 41

Legislative proposals are submitted to the National Council as motions by its members, by the Federal Council or by one third of the Federal Council’s members, and as bills by the Federal Government.
Every motion by 100,000 voters or by one sixth each of the voters in three Laender (henceforth called “popular initiative”) shall be submitted by the Federal electoral board to the National Council for action. The right to vote, as to popular initiatives, appertains to those who on the last day of registration for National Council suffrage and have their principal domicile in a municipality in Federal territory. The popular initiative must concern a matter to be settled by Federal law and can be put forward in the form of a draft law.
The detailed provisions on the procedure for the popular initiative shall be made by Federal Law.

Article 42

Every enactment of the National Council shall without delay be conveyed by its President to the Federal Council.
Save as otherwise provided by constitutional law, an enactment can be authenticated and published only if the Federal Council has not raised a reasoned objection to this enactment.
This objection must be conveyed to the National Council in writing by the Chairman of the Federal Council within eight weeks of the enactment’s arrival; the Federal Chancellor shall be informed thereof.
If the National Council in the presence of at least half its members once more carries its original resolution, this shall be authenticated and published. If the Federal Council resolves not to raise any objection or if no reasoned objection is raised within the deadline laid down in para 3 above, the enactment shall be authenticated and published.
The Federal Council has no claim to participation in so far as National Council enactments concern the National Council’s Standing Orders, the dissolution of the National Council, a Federal Law providing detailed regulations on the making of the Federal finance frame law, the Federal finance law and on the household of the Federation a Federal finance law, a temporary provision consonant with Article 51a para 4 or a disposal of Federal property, the assumption or conversion of a Federal liability, the contraction or the conversion of a Federal monetary debt, the sanction of a final Federal budget account.

Article 42a

To the extent an enactment of the National Council requires the approval of the Laender, it is to be notified by the Federal Chancellor according to Article 42 immediately after the procedure has been closed to the offices of the Laender governments of the Laender concerned. The approval is deemed to be granted if the Governor of the Land does not notify the Federal Chancellor within eight weeks after the day on which the enactment has been served to the office of the government of the land, that the approval is denied. Before expiration of this period the enactment may only be published if the Governors of the Laender concerned have notified the express approval by the Land.

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 Article 42 resp. pursuant to Article 42a but before its authentication by the Federal President.

Article 44

Constitutional laws or constitutional provisions contained in simple laws can be passed by the National Council only in the presence of at least half the members and by a two thirds majority of the votes cast; they shall be explicitly specified as such (“constitutional law”, “constitutional provision”).
Constitutional laws or constitutional provisions contained in simple laws restricting the competence of the Laender in legislation or execution require furthermore the approval of the Federal Council which must be imparted in the presence of at least half the members and by a two thirds majority of the votes cast.
Any total revision of the Federal Constitution shall upon conclusion of the procedure pursuant to Article 42 above but before its authentication by the Federal President be submitted to a referendum by the Federal people 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

For a referendum the absolute majority of the validly cast votes is decisive.
The result of a referendum shall be officially announced.

Article 46

A referendum takes place at the order of the Federal President.
Entitled to vote in referenda is who possesses the suffrage to the National Council on the day of the referendum.
The detailed provisions on the procedure for the plebiscite shall be made by Federal Law. Article 26 para 6 is to be applied analogously.

Article 47

The constitutional enactment of Federal laws is authenticated by the Federal President.
The submission for authentication is effected by the Federal Chancellor.
The authentication shall be countersigned by the Federal Chancellor.

Article 48

Federal laws and state treaties having been approved according to Article 50 para 1 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

Federal laws shall be published by the Federal Chancellor in the Federal Law Gazette. Unless explicitly provided otherwise, their entry into force begins with expiry of the day of their publication and it extends to the entire Federal territory.
The state treaties according to Article 50 para 1 are to be published by the Federal Chancellor in the Federal Law Gazette. In case a state treaty according to Article 50 para 1 subpara 1 has been laid down in more than two languages authentically, it is sufficient if
1. two authentic language versions and a translation into the German language,
2. if, however, the German language version is authentic, such and a further authentic language version
are published. The National Council can on the occasion of the approval of state treaties pursuant to Article 50 para 1 resolve in which other way than in the Federal Law Gazette the publication of the state treaty or single parts exactly to be specified shall take place; such resolutions of the Federal Council are to be published by the Federal Chancellor in the Federal Law Gazette. Unless explicitly provided otherwise, state treaties according to Article 50 para 1 enter into force upon expiry of the day of its publication – in the case of the third phrase upon expiry of the date of proclamation of the resolution of the National Council – and extend to the entire Federal territory; this does not apply to state treaties to be implemented by passing laws (Article 50 para 2 subpara 4).
Announcements in the Federal Law Gazette and according to para 2 second phrase must be accessible to the general public and be ascertained completely and forever in the published form.
The detailed provisions on the proclamation on the Federal Law Gazette shall be made by Federal Law.

Article 49a

The Federal Chancellor is empowered jointly with the competent Federal Ministers to restate Federal laws, with the exception of this Law, and treaties published in the Federal Law Gazette in their valid version by proclamation in the Federal Law Gazette.
In the proclamation on the republication
1. obsolete terminological expressions can be rectified and outdated spelling assimilated to the new manner of writing;
2. references to other regulations which no longer tally with current legislation as well as other inconsistencies can be rectified;
3. provisions which have been nullified by later regulations or otherwise rendered void can be declared no longer valid;
4. title abridgements and alphabetical abbreviations of titles can be laid down;
5. the designations of articles, sections, paragraphs, and the like can in case of elimination or insertion be correspondingly altered and in this connection references thereto within the text of the regulation be appropriately rectified;
6. interim provisions as well as earlier still applicable versions of the Federal law (state treaty) can by specification of their purview be summarized.
Unless explicitly provided otherwise republished Federal Law (the republished state treaty) and the other regulations contained in the proclamation enter into force upon expiry of the day of proclamation.

Article 49b

A consultation of the people on a matter of fundamental and overall national importance for whose settlement the legislature is competent must take place if the National Council votes it by reason of a motion from its members or from the Federal Government. Elections and matters subject to a decision by a court or an administrative authority cannot be the topic of a consultation of the people.
A motion pursuant to para 1 above must include a proposal for the formulation of the question to be basically put in the consultation of the people. This must consist either of a question to be answered with “Yes” or “No” or of two alternative solution proposals.
Consultations of the people shall be implemented in a manner analogous to Arts. 45 and 46. The right to vote, as to consultations of the people, appertains to those who on the day appointed for consultation possess National Council suffrage. The Federal electoral board must submit the result of a consultation to the National Council and the Federal Government.

E. Participation of the National Council and of the Federal Council in the Execution by the Federation

Article 50

The conclusion of
1. Political state treaties and state treaties the contents of which modify or complement existent laws and do not fall under Article 16 para 1, as well as
2. State treaties by which the contractual bases of the European Union are modified,
require the approval of the National Council.
To state treaties according to para 1 subpara 1 additionally the following applies:
1. In case a state treaty provides its simplified modification such modification does not require approval according to para 1, unless the National Council has reserved such approval.
2. To the extent a state treaty settles matters falling within the autonomous sphere of competence of the Laender it requires the approval by the Federal Council.
3. In case a state treaty has been laid down authentically in more than two languages, it is sufficient, if the approval under para 1 is granted
  1. on the basis of two authentic language versions and a translation into the German language,
  2. if, however, the German language version is authentic, on the basis of such and a further authentic language version.
4. At the time of approval of a state treaty, the National Council can resolve to which extent the treaty in question shall be implemented by the issue of laws.
Article 42 paras 1 to 4 inclusive shall be analogously applied to resolutions of the National Council in accordance with paras 1 subpara 1 and para 2 subpara 4 above.
Notwithstanding Article 44 para 3 state treaties according to para 1 subpara 2 may only be concluded with the approval of the National Council and the approval of the Federal Council. These resolutions each require the presence of at least half of its members and the majority of two thirds of the votes cast.
The National Council and the Federal Council are to be informed without delay on the beginning of negotiations of a state treaty according to para 1.

Article 50a

The National Council participates in matters of the European Stability Mechanism.

Article 50b

An Austrian representative in the European Stability Mechanism may only agree or abstain in voting to

a proposal for a resolution to grant stability aid to a member state in principle
an alteration of the approved share capital and an adaptation of the maximum loan volume of the European Stability Mechanism as well as the calling of approved share capital not having been paid in and
amendments of the financial aid instruments,

if the National Council has authorized him to do so on the basis of a proposal of the Federal Government. In cases of special urgency the Federal Minister in charge may consult with the National Council. Without approval by the National Council the Austrian representative must refuse the proposal for such a resolution.

Article 50c

The Federal Minister in charge has to inform the National Council immediately in matters of the European Stability Mechanism according to the regulations in the Federal Law on the Standing Orders of the National Council. The Federal Law on the Standing Orders of the National Council has to provide the right of comments by the National Council.
To the extent the National Council has made comments in matters of the European Stability Mechanism in due time, the Austrian representative in the European Stability Mechanism has to respect them in negotiations and votings. The Federal Minister in charge has to report to the National Council immediately after the voting and eventually to disclose the reasons for which the Austrian representative did not respect the comments.
The Federal Minister in charge regularly reports to the National Council on the measures taken in the frame of the European Stability Mechanism.

Article 50d

Further details to Article 50b and 50c para 2 and 3 are determined in the Federal Law on the Standing Orders of the National Council.
The Federal Law on the Standing Orders of the National Council may provide additional competences of the National Council for the participation in the exertion of the voting right by Austrian representatives in the European Stability Mechanism.
For the participation in matters of the European Stability Mechanism the Committee of the National Council in charge of preparatory advice for Federal financial laws elects permanent Sub-Committees. At least one member of any party represented in the Main Committee of the National Council must sit on any of these Sub-Committees. Competences of the National Council under para 2, Article 50b and 50c may be transferred to these standing Sub-Committees by the Federal Law on the Standing Orders of the National Council. The Federal law on the Standing Orders of the National Council has to provide, that the permanent Sub-Committees can be convened and meet any time. If the National Council is dissolved by the Federal President according to Article 29 para 1, the participation in matters of the European Stability Mechanism is incumbent on the permanent Sub-Committees.

Article 51

The National Council votes the Federal Finance Frame Law and within its limits the Federal Finance Law. The respective Federal Government’s draft shall form the basis of the debates.
The Federal Government has to submit to the National Council every year the latest at a deadline fixed in a Federal law, the draft of a Finance frame law or the draft of a Federal law by which the Federal Frame Finance Law is modified. The federal finance frame law has to contain upper limits for the financial means to be approved by the National Council in the respective financial frame law to be approved on the basis of categories as well as the basics of the personal planning; exempted from this is the use of means for the repayment of financial debts and of monetary commitments for the temporary strengthening of cash funds and the use of means as result of capital exchange in case of foreign exchange agreements. For further subcategories upper limits are to be provided for the subsequent financial year and the next following three financial years.
The Federal Government must submit to the National Council the draft of a Federal Finance Law for the ensuing fiscal year for which a Federal Finance Law is to be resolved at the latest ten weeks before the beginning of the fiscal year. Exceptionally the Federal Government may submit the draft of a Federal Finance Law also for the subsequent and the next following finance year, separate according to the years, to the National Council. .
In case a Federal Finance Law is passed for the subsequent and the next subsequent finance year, in the second half of the subsequent finance year, the draft of a Federal law, modifying the Federal Finance Act, is to be submitted by the Federal Government the latest ten weeks before the beginning of the next subsequent finance year, to the National Council. The modifications of the Federal Finance Law contained therein have in any case to make reference to the next subsequent finance year. The draft is to be negotiated by the National Council till the end of the subsequent finance year. Article 51 a para 1 and para 2 are to be applied accordingly.
The Federal Finance Law shall include as annexes the Federal budget estimates and the personal planning as well as other elements material for the management of the household. .
To the management of the household of the Federation apply.
1. Upper limits of the categories of the Federal Finance Frame Law may neither be exceeded nor may such exceeding the authorized.
2. The upper limits of the subcategories, to be determined by a Federal Law according to para 7 of the Federal Financial Frame Law for the subsequent financial year, must not be exceeded nor may such exceeding be authorized, unless a Federal Law according to para 9 provides, that these upper limits may be exceeded with the approval of the Federal Minister of Finance.
If exceptionally a Federal Finance Law is passed for the subsequent and the next subsequent financial year, the regulations of para 2 are to be applied with the proviso, that the upper limits named in para 2 last phrase apply to the subsequent and the next subsequent year.
The upper limits of para 6 subpara 1 and 2 may be exceeded in the following cases:
1. In case of imminent danger, on the basis of an ordinance of the Federal Government, in consent with the Committee of the National Council entrusted with preliminary consultation of Federal Financial Laws, unforeseeable and unobjectionable additional means to the extent of a maximum of 2/1000 of the means allowed for by the Federal Finance Law may be provided, if coverage is safeguarded. If the Committee of the National Council in charge of preliminary consultation does not render a decision within two weeks consent deems to be given.
2. In case of defense, for the purpose of comprehensive military defense (Article 9a) unobjectionable additional means within the financial year up to the amount of a total of 10/100 of the means having been provided for by Federal Financial Law for spending may be provided on the basis of an ordinance of the Federal Government in consent with the Committee of the National Council in charge of preliminary consultation for Federal Finance Laws. To the extent the allocation of such additional means cannot be safeguarded by economization of means or additionally raised means the ordinance of the Federal Government has to authorize the Minister for Finance to care for the necessary allocation of means by making or conversion of financial debts.
In the management of the Federal budgets the principles of striving for efficiency, mainly under respect of the goal of equal treatment of women and men, transparency, efficiency and a true picture of the financial situation of the Federation as much as possible are to be respected.
The more detailed provisions as to the preparation of the Federal Finance Frame Act, the Federal Finance Act and as to the other management of the Federal household shall be settled in conformity with uniform principles in accordance with the provisions of para 8 by Federal law. The latter shall in particular prescribe:
1. the measures for an administration striving for efficiency, especially also under respect of the goal of equal treatment of women and men;
2. the measures to safeguard transparency including the duty to render reports to the Committee of the National Council in charge of preliminary consultation regarding Federal Finance Laws;
3. the making, structuring and binding effect of the Federal Finance Frame Law;
4. the structuring of Federal Budget;
5. the binding effect of the Federal Financial Law, mainly regarding the aspects of time and amount;
6. the arguments for debts in advance including the preconditions which, if met, debts in advance require an ordinance of the Federal Minister for Finance in consent with the Committee of the National Council in charge of the preliminary consultation of Federal Finance Laws or statutory authorization;
7. the creation of positive and negative budget reserves;
8. disposition on Federal assets including the preconditions which, if met, require an ordinance of the Federal Minister for Finance in consent with the Committee of the National Council in charge of the preliminary consultation of Federal Finance Laws or statutory authorization;
9. the assumption of liabilities by the Federation;
10. making or conversion of liabilities by procuring financial means, which are not redeemed within the same financial year or through long term financing (financial debts);
11. incentive- and sanction mechanisms;
12. controlling;
13. participation of the Court of Audit for the correctness of accountancy.

Article 51a

In case the Federal Government has not presented to the National Council in due time (Article 51 para 2 and 3) the draft of a Federal Finance Frame Act or a Federal Finance Act, a draft of a Federal Finance Frame Act or a Federal Finance Act may also be brought in by the members of the National Council.
In case the Federal Government presents the draft of a Federal Finance Frame Law or a Federal Finance law after such proposal has been brought forward, the National Council may resolve to consider either draft in its deliberations.
In case the National Council has not passed a Federal Finance Frame Law in a Financial year, the upper limits of the most recent financial year, for which upper limits had been determined, continue to apply.
If the National Council does not pass a Federal Finance Law for a financial year and likewise makes no temporary provision by way of a Federal law, the Federal household is to be managed according to the provisions of the most recently passed Federal Finance Law. Monetary debts then can only be incurred to half of the respectively anticipated ceiling amounts as well as short term commitments for the temporary reinforcement of cash holdings.

Article 51b

The Federal Minister for Finance has to provide that in managing the budget first obligations due will be covered and then the other spending of means will be made, however on the condition they can be covered and under respect of the principles according to Article 51 para 8.
If the development of the Federal Budget so requires or in the course of the financial year an essential change of the national economical development begins to emerge, the Federal Minister for Finance, with the approval of the Federal Government or on the basis of authorization under the Federal Finance Law, in order to control the Federal Budget may earmark a certain percentage of the spending of means provided by the Federal Finance Law, to the extent this does not affect the meeting of due obligations of the Federation. Within one month after the earmarking he has to report to the Committee of the National Council in charge of the preliminary consultations for Federal Finance Laws.
The Federal Minister for Finance has to regularly inform the members of the Federal Government and the other leading budgeting organs on the implementation of the budget.

Article 51c

The use of means, not provided for in the Federal Finance Law or exceeding the use of means approved by the National Council may only be made on the basis of an authorization by Federal Finance Law.
The National Council may authorize the Federal Minister for Finance and the Federal Finance Law to approve the exceeding of the use of means provided for in the Federal Finance Law. Such authorization may only be granted to the extent the excession is linked to preconditions on material grounds and is specified or computable in amount. Furthermore, upon agreement by the Federal Minister for Finance, the use of means provided for in the Federal Finance Law may be exceeded,
1. on the basis of a statutory obligation,
2. in case of an existing financial debt or on the basis of currency exchange agreements or
3. on the basis of another obligation already existing at the time the Federal Financial Law enters into force.
The approval on the basis of the provisions of this paragraph may only be granted in case of an unforeseen requirement and only to the extent as coverage is safeguarded and the respectively binding applicable upper limits according to Article 51 para 2 and 6 for the relevant financial year are not exceeded. The Federal Minister for Finance may transfer the authorizations granted on the basis of the provisions of this paragraph for the approval to exceed the use of means having been provided for with the exceptions of those according to subpara 2 – in consent with the leading budgeting organs in charge, to the heads of official authorities, to the extent this is necessary to implement an administration striving for efficiency.
The Federal Minister for Finance has to report quarterly to the Committee of the National Council in charge of the preliminary consultations for Federal Finance Laws on the measures taken according to para 2.

Article 51d

A participation of the National Council in the budget management is incumbent on the Committee of the National Council in charge of the preliminary consultations for Federal Finance Laws. It may transfer certain agenda to a permanent sub-committee on which also the participation in the budget management is incumbent, in case the National Council is dissolved by the Federal President according to Article 29 para 1. The Committee in charge of the preliminary consultations for Federal Finance Laws and its permanent subcommittee are also to be convened when the National Council (Article 28) is not in session, if necessary. The Federal Law on the Standing Orders of the National Council provides further details.
Any further reports beyond Article 51b para 2 and 51c para 3 are to be submitted to the Committee of the National Council in charge of the preliminary consultations for Federal Finance Laws with regard to specific Federal legal provisions.

Article 52

The National Council and the Federal Council are entitled to examine the administration of affairs by the Federal Government, to interrogate its members about all subjects pertaining to execution, and to demand all relevant information as well as to ventilate in resolutions their wishes about exercise of the executive power.
The competent committees of the National Council and the Federal Council are entitled to demand the presence of the head of an institution being dispensed of instructions according to Article 20 para 2 in the sessions of the committees and to interrogate him on all subjects of the administration of affairs.
Rights of control pursuant to para 1 hold good as regards the Federal Government and its members likewise in respect of enterprises in which the Federation has a participation of at least fifty per cent in the share, stock, or equity capital and which is subject to the control of the Public Audit Office. Such a financial participation shall be deemed equivalent to the domination of enterprises by way of different financial or other economic or organizational measures. This applies also to enterprises at every further level where the prerequisites pursuant to this paragraph are on hand.
Every member of the National Council and the Federal Council is entitled during the sessions of the National Council and the Federal Council to address brief oral questions to members of the Federal Government.
The detailed regulations respecting the right of interrogation will besettled by the Federal law, by the National Council’s Standing Orders as well as in the Federal Council’s Standing Orders.

Article 52a

The National Council’s competent committees each elect a standing sub-committee of inquiry to review measures for the safeguard of constitutionally established agencies as well as their operative capacity and intelligence measures to secure the country’s military defense. Each subcommittee must include at least one member from each of the parties represented in the Main Committee of the National Council.
The standing sub-committees are empowered to require from the competent Federal Ministers all relevant information and insight into the relevant materials. This does not apply to information and material, in particular about sources, whose disclosure would endanger national security or the safety of individuals.
The standing sub-committees can, if need be, meet at times others than those of National Council sessions.
The Federal law on the National Council’s Standing Orders settles detailed provisions.

Article 52b

For the scrutiny of a particular proceeding in a matter relating to the Federal financial administration the Committee constituted pursuant to Article 126d para 2 elects a Standing Sub-Committee. At least one member from every party represented in the National Council’s Main Committee must belong to this Sub-Committee.
The detailed provisions are settled by the Federal law on the National Council’s Standing Orders.

Article 53

The National Council can by resolution set up committees of inquiry.
The detailed regulations respecting the establishment of, and the procedure for, committees of inquiry will be settled by the Federal law on the National Council’s Standing Orders.
The courts and all other authorities are obliged to comply with the request of these committees to take evidence; all public departments must on demand produce their files.

Article 54

(Note: Repealed by F.L.G. I No. 2/1997)

Article 55

The National Council elects its Main Committee from its members in accordance with the principle of proportional representation.
Should the need arise, the Main Committee shall be convoked also between sessions of the National Council (Article 28).
The Main Committee elects from its members a Standing Sub-Committee upon which devolve the powers stipulated by this Law. The election takes place in accordance with proportional representation; respect for this principle must nonetheless allow for inclusion in the Sub-Committee of at least one member of every party represented in the Main Committee. The Federal Law on the Standing Orders of the National Council must provide that the Standing Sub-Committee can be convoked and can meet at any time. If the National Council in accordance with Article 29 para 2 is dissolved by the Federal President, participation in the executive power which in accordance with this Law otherwise lies with the National Council (Main Committee) devolves upon the Standing Sub-Committee.
It can be stipulated by Federal law that certain general acts of the Federal Government or a Federal Minister need the agreement of the Main Committee as well as that reports be rendered to the Main Committee by the Federal Government or a Federal Minister. More detailed provisions, especially if no agreement is reached, are settled by the Federal Law on the National Council’s Standing Orders.
As regards ordinances by the competent Federal minister concerning control measures for safeguarding undisturbed production or the supply of the population and other consumers with essential economic and consumer goods, provision shall be made for obtaining the consent of the National Council’s Main Committee; in an emergency and for the repeal of such ordinances, special regulations may be adopted. Resolutions of the Main Committee approving such ordinances can only be adopted in the presence of at least half of its members and by a two-thirds majority of the votes cast.

F. Status of Members of the National Council and the Federal Council

Article 56

The members of the National Council and the members of the Federal Council are bound in the exercise of their function by no mandate.
If a member of the Federal Government or a State Secretary has relinquished his seat as a member of the National Council, the competent electoral board shall again assign him the seat when he has left office, in the circumstances of Article 71 after release from entrustment with continuation of the administration, provided that he has not within eight days advised the board of his disclaimer to the renewed exercise of his mandate.
This renewed assignment ends the mandate of that National Council member who has held the seat of the temporarily retired member in so far as another, subsequent National Council member did not on the occasion of nomination to the seat in the same constituency declare to the electoral board his wish to exercise the mandate as deputy for the temporarily retired member of the National Council.
Paras 2 and 3 also hold good if a member of the Federal Government or a State Secretary has not accepted his election to membership of the National Council.

Article 57

The members of the National Council may never be made responsible for votes cast in the exercise of their function and only by the National Council on the grounds of oral or written utterances made in the course of their function.
The members of the National Council may on the ground of a criminal offence – the case of apprehension in the act of committing a crime excepted – be arrested only with the consent of the National Council. Domiciliary visitations of National Council members likewise require the National Council’s consent.
Legal action on the ground of a criminal offence may otherwise without the National Council’s consent be taken against members of the National Council only if it is manifestly not connected with the political activity of the member in question. The authority concerned must however seek a decision by the National Council on the existence of such a connection if the member in question or a third of the members belonging to the Standing Committee entrusted with these matters so demands. Every act of legal process shall in the case of such a demand immediately cease or be discontinued.
In all these instances the consent of the National Council counts as granted if within eight weeks it has not given a ruling on an appropriate request by the authority competent for the institution of legal action; the President, with a view to the National Council’s adoption of a resolution in good time, shall at the latest put such a request to the vote on the day but one before expiry of the deadline. The latter does not include the period when the National Council is not in session.
In case of a member’s apprehension in the act of committing a crime, the authority concerned must immediately notify the President of the National Council of the occurrence of the arrest. If the National Council or when it is not in session the Standing Committee entrusted with these matters so demands, the arrest must be suspended or the legal process as a whole be dropped.
The immunity of members ends with the day of the meeting of the newly elected National Council, that of functionaries of the National Council whose tenure of office extends beyond this date on the expiry of this term of office.
The detailed provisions are settled by the Federal law on the National Council’s Standing Orders.

Article 58

The members of the Federal Council enjoy for the whole duration of their tenure of office the immunity of the members of the Diet which has delegated them.

Article 59

No member of the National Council, the Federal Council or the European Parliament can simultaneously belong to one of the two other representative bodies.

Article 59a

A public employee who seeks a seat in the National Council shall be granted the time necessary for the canvassing of votes.
A public employee who is a member of the National Council or the Federal Council shall, at his request, be granted leave of absence or be retired for the time necessary for the fulfilment of his membership duties. During leave of absence, pay shall correspond to the amount of work actually performed within the framework of service duties, but shall not exceed 75 per cent of total pay; this limit also applies if no use is made either of leave of absence or retirement. Retirement entails the termination of all service-related payments.
If it is not possible for a public employee to be appointed to his previous post because of the fulfilment of his membership duties, he is entitled to be assigned a reasonably equivalent – if he agrees, also a not equivalent – activity. The pay shall be determined by the activity actually performed by the employee.

Article 59b

To control the pay of public employees who have been elected members of the National Council or Federal Council, a Commission will be set up under the auspices of the Parliamentary Staff. The Commission consists of:
1. one representative nominated by each of the Presidents of the National Council,
2. two representatives nominated by the President of the Federal Council with the consent of the Vice-Presidents,
3. two representatives of the Laender,
4. two representatives of the municipalities, and
5. one member who previously exercised a judicial function.
The members in accordance with subparas 3 to 5 shall be appointed by the Federal President; in its recommendation (Article 67) regarding subpara 3, the Federal Government shall be bound by a joint recommendation by the Laender-Governors and regarding subpara 4 by a recommendation by the Austrian Federation of Local Authorities and a recommendation by the Austrian Union of Towns. The members of the Commission according to subparas 1 to 4 must be persons who previously exercised a function within the meaning of Article 19 para 2. A person who pursues a gainful occupation cannot be a member of the Commission. Membership in the Commission terminates with the expiry of the legislative period, but not before a new member has been nominated or appointed.
At the request of a public employee, who is a member of the National Council or the Federal Council, or at the request of his employing authority, the Commission gives an opinion on disputes arising between the public employee and his employing authority in the execution of Article 59a or in respect of regulations issued in its implementation. The Commission also gives opinions on such disputes arising between a judge and chamber or a commission within the meaning of Article 87 para 2 as well as on disputes arising between a member of the National Council or the Federal Council and the President of the National Council in the execution of Article 30 para 3.
The member of the National Council or Federal Council who is a public employee is obligated to inform the Commission each year about the arrangement he has made in respect of his leave of absence or retirement in accordance with Article 59a and how the work to be performed by him will be reviewed. Article 53 para 3 shall analogously apply to inquiries by the Commission. The Commission furnishes itself with Standing Orders. Each year, the Commission shall file a report with the National Council – as far as members of the Federal Council are concerned, with the Federal Council -, which shall be published.