Role
As the Constitution of Austria (B-VG) draws a strict distinction between federal and state legislation, its Article 42 provides the Bundesrat only with the right to veto federal laws passed by the National Council. Morevover in most cases a Federal Council's veto is just suspensive, meaning the National Council can override it, passing the law again by ordinary resolution of at least half of its members. Therefore, the decisions of the Bundesrat can only delay legislation.
In the following cases, though, the Federal Council's approval is mandatory:
- Constitutional laws or regulations limiting the competencies of the federal states
- Laws relating to the rights of the Federal Council itself
- Treaties concerning the jurisdiction of the federal states.
Since its inauguration on 10 November 1920, the deputies of Bundesrat have never achieved the status of a counterbalance in relation to the National Council. Over the decades the role of the Federal Council as a mere adjunct of the Austrian parliament has led to several discussions upon regulatory reforms, towards an actual representation of the states' governments modeled on the German Bundesrat or the complete abolition of the second chamber. So far, the concept has been maintained as a manifestation of Austria's federal system.
The Federal Council and the National Council, if in joint session, form a third parliamentary body: the Federal Assembly that convenes for the oath of office of the President of Austria.
Read more about this topic: Federal Council (Austria)
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