Subdivisions of Austria - Federalism and State Responsibilities

Federalism and State Responsibilities

Each Austrian state has an elected legislature, the Landtag, a state government, the Landesregierung, and a governor, the Landeshauptmann. Elections are held every five years (six years in Upper Austria). The state constitution, among other things, determines how the seats in the state government are assigned to political parties, with most states having a system of proportional representation based on the number of delegates in the Landtag in place. The Landeshauptmann is always elected by the Landtag, meaning that it may be necessary to form a coalition in order to secure the election of a particular candidate. Vienna, the capital of Austria, plays a double role as city and "Bundesland", meaning that the mayor serves as governor and the city council as Landtag at the same time.

Austrian federalism is largely theoretical as the states are granted few legislative powers. The federal constitution initially granted all legislative powers to the states, but many powers have been subsequently taken away, and only a few remain, such as planning and zoning codes, nature protection, hunting, fishing, farming, youth protection, certain issues of public health and welfare and the right to levy certain taxes.

All other matters, including but not limited to criminal law, civil law, corporate law, most aspects of economic law, defense, most educational matters and academia, telecommunications, and much of the healthcare system are regulated by federal laws. There is also no judiciary of the Länder, since the federal constitution defines the judiciary as an exclusively federal matter. This centralisation follows a historic model where central power during the time of the empire was largely concentrated in Vienna.

However, the state governor (Landeshauptmann) is in charge of the administration of much of federal administrative law within the respective state, which makes this post an important political position. Furthermore, state competences include zoning laws, planning issues and public procurement on the regional level, which adds considerable weight to state politics. As a practical matter, there have been cases where states have been able to block projects endorsed by the federal government, as in the case of a railway tunnel that was to be built below the Semmering.

Austrian Länder are endowed formally and practically with a much smaller degree of autonomy than American or German states. Even so, Austrians tend to identify passionately with their respective Land and often defend what little independent governance their states have. It is not unheard of for Austrians to consider themselves, for instance, Tyrolean first, Austrian second.