Constitution of Austria - Federal Executive

Federal Executive

Federal executive authority is vested with the federal president, an official elected by popular vote for a term of six years and limited to two consecutive terms of office. The president is the head of state and appoints the federal cabinet, a body consisting of the federal chancellor and a number of ministers. The president also appoints the members of the Constitutional Court and numerous other public officials, represents the republic in international relations, accredits foreign ambassadors, and acts as the nominal commander in chief of Austria's armed forces.

While Austria's federal cabinet is technically not answerable to the legislature (except for a motion of censure), it would be almost totally paralyzed without the active support of the National Council. Since constitutional convention prevents the executive from exerting its authority to dissolve the Nation Council, the president is unable to hector the legislature into doing his or her bidding, and the president's cabinet is for all intents and purposes subject to National Council approval. The cabinet's composition therefore reflects National Council election results rather than presidential election outcomes.

After elections, it is customary for the President to ask the leader of the strongest party to become chancellor and form a cabinet. Since this party leader, for all intents and purposes, needs a majority in the National Council, he will usually seek to form a coalition with another political party or parties. The coalition then agrees on a list of ministers, customarily including the coalition parties' leaders. (Obviously, if a party holds a majority in the National Council all by itself, no such coalition is needed. This has happened in the past, but, owing to the growing number of political parties in Austria and the system of proportional representation will not likely again any time soon.)

The list is then submitted to the president by the chancellor-to-be; the president usually adopts it without much argument, although there has been at least one case in recent history where the president did refuse to install a minister. The president retains the right to dismiss the whole cabinet at will, or certain ministers of it at the request of the chancellor. Although elected for a four year term (changing to five after the next elections), the National Council can dissolve itself at any time, bringing about new elections.

The federal chancellor's dual role as executive officeholder and heavyweight party official well-connected to the legislature makes him or her far more powerful than the formally senior federal president. Actual executive authority thus lies with the chancellor and his or her ministers, while the federal president is a figurehead rather than an actual head of government. Austria's presidents are largely content with their ceremonial role, striving for the role of impartial mediator and dignified Elder Statesman, and more or less consistently steer clear of the murky waters of hands-on politics. The stern frown worn by the late president Thomas Klestil while swearing in Wolfgang Schüssel's controversial cabinets was at the time widely considered the strongest unilateral political statement made by any Austrian president. In recent times, however, the current holder of office, Heinz Fischer, has been known to comment on current political issues from time to time.