| Parliament name (generic / translated) |
Parlament / Parliament |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Nationalrat / National Council |
| Related chamber (for bicameral parliaments) |
Bundesrat / Federal Council
|
| NATURE |
| Nature of the mandate |
· Free representation (Art. 56 (1) of the Federal Constitutional Law of 10.11.1920 as amended up to 01.01.2004) |
| Start of the mandate |
· In case of a new legislative period: on the day of the first meeting of the National Council. In the event of a change of members during the same legislature, when the letter of credentials has been deposited with the Parliamentary Administration (S. 9 of the Federal Law on the Rules of Procedure of the National Council). Procedure (S. 1 (1) of the Federal Law on the Rules of Procedure of the National Council). |
| Validation of mandates |
· Validation by the Constitutional Court only in case of challenge (Art. 141 (1) (a) and (h) of the Federal Constitutional Law)
· Procedure (Art. 141 (1) (a) and (h) of the Federal Constitutional Law and S. 67 to S. 71 (a) of the Constitutional Court Act)
|
| End of the mandate |
· On the day when the newly elected Parliament meets (Art. 27 (1) and 29 (3) of the Federal Constitutional Law; for early dissolution by the National Council, see Art. 29 (2) and (3) of the Federal Constitutional Law). In case of early dissolution by the Federal President, the mandate ends on the day of early dissolution (Art. 29 (1) of the Federal Constitutional Law). For the Presidents and the Main Committee, see S. 6 (1) of the Federal Law on the Rules of Procedure of the National Council. |
| Can MPs resign? |
Yes |
· Yes, of their own free will (see also Art. 56 (2) and (3) of the Federal Constitutional Law)
· Procedure (S. 2 (8) of the Federal Law on the Rules of Procedure of the National Council)
· Authority competent to accept the resignation: the resignation does not need to be accepted
|
| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate by judicial decision: decision by the Constitutional Court:
- Failure to take the oath, to take it in due form and without reservations (Art. 141 (c) of the Federal Constitutional Law, S. 2 (1) (1.), (2), (3), and (5), and S. 4 of the Federal Law on the Rules of Procedure of the National Council)
- Loss of mandate for absence (Art. 141 (c) of the Federal Constitutional Law, S. 2 (1) (2.), (2), (3), and (5), and S. 11 (4) of the Federal Law on the Rules of Procedure of the National Council)
- Loss of eligibility (Art. 26 (4) and (5), and 141 (c) of the Federal Constitutional Law, S. 2 (1) (3.), (2), (3), (5), and (6) of the Federal Law on the Rules of Procedure of the National Council, and S. 41 of the Federal Law on National Council Elections)
- Loss of mandate for incompatibilities (Art. 59 and 141 (c) of the Federal Constitutional Law, S. 2 (1) (4.) and (4) of the Federal Law on the Rules of Procedure of the National Council, S. 9 and 10 of the Incompatibility Law)
- Loss of mandate through election petition (Art. 141 (1) (a) and (h) and (2) of the Federal Constitutional Law, S. 2 (7) of the Federal Law on the Rules of Procedure of the National Council; see also Validation of mandates)
- General procedure (Art. 141 (1) of the Federal Constitutional Law)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The Second President
3. The Third President
4. The Chairpersons of committees
5. The Deputy Chairpersons of committees
6. The secretaries of committees
|
| Indemnities, facilities and services |
· Official passport (S. 1 (2) of the Federal Law on the Rules of Procedure of the National Council); diplomatic passport if requested
· Basic salary (S. 2, 3, and 5 of the Bundesbezügegesetz): The basic salary of 8,755.62 euros (as of January 2017) is paid 14 times a year according to the following percentages:
Members: 100 per cent (i.e. 8,755.62 euros)
Speaker: 210 per cent (i.e. about 18,380 euros)
Chairperson of a parliamentary group: 170 per cent (i.e. about 14,880 euros)
· No exemption from tax for basic salary. The allowances (see Travel and transport) are tax exempt.
· Pension scheme (Pensionskassenvorsorgegesetz)
· Other facilities:
(a) Secretariat (S. 10 (1) of the Bundesbezügegesetz, see also Travel and transport)
(b) Assistants (Art. 30 (3) to (6) of the Federal Constitutional Law, Parlamentsmitarbeiterinnen-und Parlamentsmitarbeitergesetz)
(c) Official car for the Presidents (S. 9 (1) of the Bundesbezügegesetz)
(d) Postal and telephone services within the parliament buildings
(e) Travel and transport (S. 10 (1) to (7), and 11 of the Bundesbezügegesetz)
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 57 (1) of the Constitution, S. 10 (1) of the Federal Law on the Rules of Procedure of the National Council).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.
· Derogations: responsibility to the National Council for statements, whether oral or in writing, made in the exercise of the MP's functions (see Discipline - offence or insult (S. 102 of the Federal Law on the Rules of Procedure of the National Council))
· Non-accountability takes effect (on the day when the mandate begins) and offers ( It does not offer), after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 57 (2) of the Federal Constitutional Law, S. 10 (2) of the Federal Law on the Rules of Procedure of the National Council).
· It applies only to criminal proceedings, covers all offences and protects MPs only from arrest and from their homes being searched.
· Derogations: in cases of flagrante delicto, MPs can be arrested (Art. 57 (2) and (5) of the Federal Constitutional Law, S. 10 (2) and (5) of the Federal Law on the Rules of Procedure of the National Council). Legal action can be taken if it is manifestly not connected with the political activity of the MP (Art. 57 (3) of the Federal Constitutional Law, S. 10 (3) of the Federal Law on the Rules of Procedure of the National Council).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Inviolability is provided from the start to the end of the mandate (Art. 57 (6) of the Constitution, S. 10 (6) of the Federal Law on the Rules of Procedure of the National Council)
· Parliamentary immunity (inviolability) can be lifted only with the consent of the National Council (Art. 57 (2) of the Federal Constitutional Law, S. 10 (2) of the Federal Law on the Rules of Procedure of the National Council):
- Competent authority: the National Council
- Procedure (Art. 57 (4) of the Federal Constitutional Law, S. 10 (4) of the Federal Law on the Rules of Procedure of the National Council).
· Parliament can suspend the prosecution and/or detention of one of its members in cases of flagrante delicto (Art. 57 (5) of the Constitution, S. 10 (5) of the Federal Law on the Rules of Procedure of the National Council).
- Competent authority: the National Council; the corresponding Standing Committee (during recess)
- Procedure (Art. 57 (5) of the Constitution, S. 10 (5) of the Federal Law on the Rules of Procedure of the National Council)
|
| EXERCISE OF THE MANDATE |
| Training |
· At the beginning of the legislative period, the Parliamentary Administration organises a "one-stop-shop" event and offers support for all Members of Parliament concerning IT-matters, incompatibility and transparency declarations, emolument questions, handling the internal database, and instructions on data security.
· There is no general handbook of parliamentary procedure, but there is a handbook on the Rules of Procedure for Parliamentary Investigating Committees.
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee meetings (S. 11 (1) of the Federal Law on the Rules of Procedure of the National Council; see also S. 11 (2) to (4) of the Federal Law on the Rules of Procedure of the National Council).
· Penalties foreseen in case of failure to fulfil this obligation (S. 2 (1) (2.) of the Federal Law on the Rules of Procedure of the National Council): loss of mandate (for the procedure, see Loss of mandate for absence)
· Body competent to judge such cases/to impose penalties (Art. 141 (c) of the Federal Constitutional Law): the Constitutional Court
|
| Discipline |
· The rules governing discipline within Parliament are contained in S. 13 (2) and (3), and 101 to 104 of the Federal Law on the Rules of Procedure of the National Council, in S. 17 and 18 of the Information Rules Act., and in S. 6 (3), S. 21 (1) (4.), S. 41 and S. 54 of the Rules of Procedure for Parliamentary Investigating Committees.
· Disciplinary measures foreseen:
- Call to order if speaker roams wide of a question (S. 101 (1) and 103 (1) of the Federal Law on the Rules of Procedure of the National Council and S. 54 (1) of the Rules of Procedure for Parliamentary Investigating Committees.)
- Withdrawal of the right to speak (S. 101 (2), 102 (2), and 104 of the Federal Law on the Rules of Procedure of the National Council and S. 40 (2) of the Rules of Procedure for Parliamentary Investigating Committees)
- Call to order (S. 102 (1), and 103 of the Federal Law on the Rules of Procedure of the National Council and S. 54 (1) and (2) of the Rules of Procedure for Parliamentary Investigating Committees)
- Interruption (S. 102 (2), and 104 of the Federal Law on the Rules of Procedure of the National Council)
- Non-recognition for the rest of the sitting (S. 102 (3) of the Federal Law on the Rules of Procedure of the National Council)
- Suspension of the sitting (S. 13 (3) of the Federal Law on the Rules of Procedure of the National Council)
- Criminal liability for disclosing or using certain classified information in contravention of the Federal Information Rules Act (S. 18 of the Federal Act on Information Rules of the National Council and the Federal Council)
· Specific cases:
- Offence or insult (S. 102 of the Federal Law on the Rules of Procedure of the National Council): call to order, interruption, withdrawal of the right to speak, eventually with non-recognition for the rest of the sitting
· Competent body to judge such cases/to impose penalties (S. 13 (2) of the Federal Law on the Rules of Procedure of the National Council): the Speaker
· Procedure (S. 101 to 103 (1), and 104 of the Federal Law on the Rules of Procedure of the National Council)
Persistent violation of the Information Rules Act by disclosing classified information inside or outside a sitting (S. 54 (2) and (3) of the Rules of Procedure for Parliamentary Investigating Committees): administrative fine in the amount of 500 to 1,000 euros
· Competent body to judge such cases (S. 54 (2) and (3) of the Rules of Procedure for Parliamentary Investigating Committees): chairperson upon a motion of the Procedural Judge or of his/her own accord in the case of violation outside a sitting.
Competent body to impose penalties (S. 54 (5) of the Rules of Procedure for Parliamentary Investigating Committees): the Speaker
· Procedure (S. 54 (2) to (5) of the Rules of Procedure for Parliamentary Investigating Committees)
|
| Code (rules) of conduct |
The Austrian Parliament does not have a code of conduct. However, there are various regulations concerning conflicts of interests. Regulations concerning incompatibility and transparency are laid down in the Austrian Federal Constitution (B-VG) and the Incompatibility and Transparency Act. While the incompatibility rules in the Federal Constitution concern public positions, the Incompatibility and Transparency Act regulates the admissibility of activities in the private and public sector.
Furthermore, members of parliament are fully subject to criminal liability for corruption (S. 304, Criminal Code), for accepting gains (S. 305, Criminal Code) and for accepting gains with the intent of being influenced (S. 306, Criminal Code) subject to the immunity rules, as well as to criminal liability for disclosing or using certain classified information in contravention of the Federal Information Rules Act (S. 18 of the Federal Act on Information Rules of the National Council and the Federal Council).
In the Parliamentary Investigating Committees an administrative fine in the amount of 500 to 1,000 euros can be imposed for persistent violation of the provisions of the Information Rules Act by the member of parliament.
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
