Constitution of Austria - Further Checks and Balances

Further Checks and Balances

In addition to their legislative capacity, the members of the two houses of parliament have the authority to impeach the president, who is then tried before the Constitutional Court, serving as State Court, or call for a referendum to have the federal president removed from office. Exertion of these emergency powers is a two-step process: first the National Council requests the president to be impeached or subjected to referendum, then the members of the National Council and the Federal Council convene in joint session, thus forming the National Assembly, and decide on the National Council's motion. If a referendum is held, and the President is not removed from office by popular vote, he is automatically considered re-elected for another six-year term (although he may still not serve for more than twelve consecutive years). The National Council will then be dissolved automatically and new general elections must be held.

The president may also dissolve the National Council, but only once for the same reason during his term of office. Note that the president does not have the power to veto specific acts of legislation: no matter how vehemently he objects to some particular bill, or believes it to be unconstitutional, all he can actually do is threaten to dismiss the government or dissolve the National Council before the bill is actually passed.

Needless to say, none of these emergency powers have been exercised thus far.