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This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Oversight and Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

Parliament name (generic / translated) Parlament / Parliament More photos  >>> Structure of parliament Bicameral Chamber name (generic / translated) Bundesrat / Federal Council Related chamber (for bicameral parliaments) Nationalrat / National Council Affiliation to the IPU Yes Affiliation date(s) 1890 - LEADERSHIP President Inge Posch-Gruska (F)  Notes 1 July - 31 Dec. 2018 Secretary General Harald Dossi (M)  Notes 1 March 2012 - COMPOSITION Members (statutory / current number) 61 / 61 PERCENTAGE OF WOMEN More statistics  >>> Women (current number) 19 (31.15%) Mode of designation indirectly elected 61 Notes Note: The President of the Republic determines the total number of members in the Federal Council as well as the allocation of seats to each of the nine federal provinces. The allocation of seats is based on the ratio between each federal province and the one with the largest population. Term  The term of office of Councillors varies from 5 to 6 years according to the province they represent; they are partially renewed after the provincial elections. Last renewal dates not applicable (View details) CONTACT INFORMATION Address Bundesrat Parlamentsgebäude Dr. Karl-Renner-Ring 3 A 1017 WIEN (Export mailing lists) Phone (431) 401 10-0 401 10-2646 (direct) Fax (431) 401 10 2435 E-mail bundesratskanzlei@parlament.gv.at Website http://www.parlinkom.gv.at http://www.parlament.gv.at/

Parliament name (generic / translated) Parlament / Parliament Structure of parliament Bicameral Chamber name (generic / translated) Bundesrat / Federal Council Related chamber (for bicameral parliaments) Nationalrat / National Council LEGAL FRAMEWORK Electoral law 10 November 1920 Last amendment: 21.11.2003 Mode of designation indirectly elected 61 Constituencies 9 multi-member constituencies (3 to 12 seats, depending on the population size of each province). Each province is entitled to a representation of at least three members. The number of members to be delegated by each province will be determined by the Federal President following every general census. Voting system : Seats are divided between the parties according to the number of seats they hold in the provincial assemblies, which are determined on the basis of proportional representation. A substitute will be appointed for each member. Vacancies arising between general elections are filled by alternate members chosen at the same time as titular members. Voter requirements 9 provincial assemblies CANDIDATES Eligibility - age: 18 years - Austrian citizenship, including naturalized citizens - eligibility for the provincial legislature - residency in homeland Incompatibilities - members of the Constitutional Court or Administrative Court - Federal President - members of the Federal Council - members of the European Parliament - members of the Supreme Court, the Constitutional Court or an Administrative Court - President of the Audit Office - Parliamentary Commissioners (Ombudsmen) - Executives of stock corporations, companies with limited liability, foundations or savings banks can be incompatible - Judges, public prosecutors, civil servants in the police force as well as in other public security services, civil servants in the military service and employees in the fiscal or land assessment service are generally prohibited from continuing their service assignments, but exceptions are possible. Candidacy requirements NA (not applicable) - eligibility for the provincial legislature

Parliament name (generic / translated) Parlament / Parliament Structure of parliament Bicameral Chamber name (generic / translated) Bundesrat / Federal Council Related chamber (for bicameral parliaments) Nationalrat / National Council BACKGROUND Dates of election / renewal (from/to) not applicable Timing and scope of renewal (not applicable) (not applicable) STATISTICS Voter turnout Distribution of votes Distribution of seats Distribution of seats according to sex Men Women Percent of women 43 18 30.65% Distribution of seats according to age Distribution of seats according to profession Comments Source: Parliament (01.01.2012, 02.07.2013, 01.01.2015, 01.01.2017) Note on the statutory number of members in the Federal Council: - The President of the Republic determines the total number of members in the Federal Council as well as the allocation of seats to each of the nine federal provinces. The allocation of seats is based on the ratio between each federal province and the one with the largest population. - Following the 2011 population census, Upper Austria (Oberösterreich) lost one seat despite an increase in its population. The number of seats allocated to the eight other federal provinces remained the same. Consequently, the statutory number of members decreased from 62 to 61 in August 2013.

Parliament name (generic / translated) Parlament / Parliament Structure of parliament Bicameral Chamber name (generic / translated) Bundesrat / Federal Council Related chamber (for bicameral parliaments) Nationalrat / National Council APPOINTMENT AND TERM OF OFFICE Title President of the Federal Council Term - Duration: 6 months. The presidency of the Federal Council rotates among the provinces every six months, with the provinces taking turns in alphabetical order. - Reasons for interruption of the term: resignation, loss of mandate as a member of the Chamber, appointment to another office or position, conviction for illegal activities. - The President cannot be removed by members of the Chamber before the end of his/her mandate. - The President's role between dissolution and election: not applicable (There is no legislative period at the Federal Council and its session has been uninterrupted since 1945). Appointment - The office of President goes to the Federal Council member who is ranked first on the list established by his/her Federal Province. Eligibility - Only members of the Chamber are eligible - The President's post is incompatible with those of the Vice-President of the Federal Council and the Federal President. - Former Federal Council Presidents may seek re-election. Voting system Not applicable: The President is elected by the Provincial Diet holding the presidency of the Federal Council. Procedures / results Not applicable: The President is elected by the Provincial Diet holding the presidency of the Federal Council. STATUS Status - The President of the Federal Council holds the seventh highest office in the State after the Federal President, the Chancellor, the Speaker of the National Council, the Vice-Chancellor, former Federal Presidents (who all rank fifth), Federal Ministers and the President of the Constitutional Court (who rank sixth). - The Speaker of the Lower Chamber (National Council) ranks higher in the hierarchy of the State than the President of the Upper Chamber. - Although the National Council and the Federal Council are separate bodies, their members form a third parliamentary body called the Federal Assembly. The Speaker of the National Council and the President of the Federal Council preside over the Federal Assembly alternately. - The President of the Federal Council may not act as Head of State. - In the absence of the President of the Federal Council, the Vice-President assumes his/her roles and duties. Board - The President of the Federal Council is assisted by the Conference of Presidents. - The Conference of Presidents is an advisory body. - The Conference of Presidents consists of the President and the Vice-President of the Federal Council and the chairpersons of all parliamentary groups, including opposition groups. They automatically become members by virtue of their function in the Federal Council. - The term of the members of the Conference of Presidents varies, depending on their function. Material facilities - A special allowance of a maximum of 8,000 euros per month. - An official car - Four additional staff members FUNCTIONS Organization of parliamentary business The Speaker may: - convene sessions, - establish and modify the agenda, i.e. the programme and schedule of work, - organize the debates and set speaking times, - refer a text to a committee for study in agreement with the chairpersons of the parliamentary groups (i.e. members of the Conference of Presidents), - group amendments for debate and voting purposes. Chairing of public sittings The Speaker may: - open, adjourn and close sittings, - interpret the rules or other regulations governing the functioning of the Chamber, - ensure respect for provisions of the Constitution and the Standing Orders, - make announcements concerning the Chamber, - take disciplinary measures in the event of a disturbance and lift such measures, - establish the list of speakers, - give and withdraw permission to speak, - select which amendments are to be debated, - establish the order in which amendments are taken up, - call for a vote, - decide how a vote will be carried out, - verify the voting procedure, - check the quorum, - repeat a vote in the event of irregularities, - authenticate the adopted texts and the records of debates, - give the floor outside the agenda and thus organize impromptu debates, - decide on the proposal of the declassification or re-classification of information, - following consultations with the respective Conference of Presidents , decide on access to classified information by employees of the Parliamentary Administration, - participate in enacting supplementary provisions in terms of the Information Rules Act. Special powers The Speaker may: - propose the Chamber's budget, - recruit, assign and promote staff, - be responsible for safety and discipline in the Chamber and may call in the police in the event of a dispute in the Chamber. The Conference of Presidents may: - participate in proposing the Chamber's budget. - participate in the declassification or re-classification of information forwarded to both the National and the Federal Council. Speaking and voting rights, other functions The Speaker may: - take the floor in legislative debates, - take part in voting.

Parliament name (generic / translated) Parlament / Parliament Structure of parliament Bicameral Chamber name (generic / translated) Bundesrat / Federal Council Related chamber (for bicameral parliaments) Nationalrat / National 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 · When the MPs are elected by the legislative bodies of the provinces (see Art. 35 (1) of the Federal Constitutional Law, S. 1 (1) of the Federal Law on the Rules of Procedure of the Federal Council) Validation of mandates No End of the mandate · On the day when the legislative period of the respective provincial diet ends or on the day of early dissolution but the Member remains in office until the new Members are elected (Art. 35 (3) of the Federal Constitutional Law, S. 3 (1) (a) and (2) of the Federal Law on the Rules of Procedure of the Federal Council) Can MPs resign? Yes · Yes, of their own free will (S. 3 (1) (b) of the Federal Law on the Rules of Procedure of the Federal Council) · Procedure (S. 3 (3) of the Federal Law on the Rules of Procedure of the Federal 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 (2) and S. 3 (1) (c) of the Federal Law on the Rules of Procedure of the Federal Council) - Loss of mandate for absence (Art. 141 (c) of the Federal Constitutional Law, S. 3 (1) (c), and 4 (2) to (4) of the Federal Law on the Rules of Procedure of the Federal Council) - Loss of eligibility to the provincial diet (Art. 35 (2), and 141 (c) of the Federal Constitutional Law, S. 3 (1) (c) of the Federal Law on the Rules of Procedure of the Federal Council) - Loss of mandate for incompatibilities (Art. 59 and 141 (c) of the Federal Constitutional Law, S. 3 (1) (c) of the Federal Law on the Rules of Procedure of the Federal Council, S. 9 and 10 of the Incompatibility Law) - General procedure (Art. 141 (c) of the Federal Constitutional Law, S. 3 (4) and (5) of the Federal Law on the Rules of Procedure of the Federal Council) (b) Reduction of the number of Members after a general census (Art. 34 (3) of the Federal Constitutional Law) STATUS OF MEMBERS Rank in hierarchy Indemnities, facilities and services · Diplomatic passport for the President, the two Vice-Presidents and MPs who are at the same time members of the Parliamentary Assembly of the Council of Europe. MPs receive official passports if requested (S. 1 (3) of the Federal Law on the Rules of Procedure of the Federal Council). · 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: 50 per cent (i.e. 4,375 euros) President: 100 per cent (i.e. 8,160 euros) Leader of a parliamentary party: 70 per cent (about 6,125 euros) · No exemption from tax · No special pension scheme · Other facilities: (a) Secretariat (S. 10 (1) of the Bundesbezügegesetz, see also Travel and transport) (b) Assistants (S. 15 of the Federal Law on the Rules of Procedure of the Federal Council) (c) Official car for the President (S. 9 (1) of the Bundesbezügegesetz) (d) Postal and telephone services within the parliament buildings (e) Travel and transport (S. 10 (1) and (2), and 11 of the Bundesbezügegesetz) Obligation to declare personal assets Yes Parliamentary immunity - parliamentary non-accountability · The concept does exist. Members enjoy the immunity of the Members of the provincial diet which has delegated them (Art. 58 of the Federal Constitutional Law, S. 5 of the Federal Law on the Rules of Procedure of the Federal Council). Parliamentary immunity - parliamentary inviolability · The concept does exist. Members enjoy the immunity of the Members of the provincial diet which has delegated them (Art. 58 of the Federal Constitutional Law, S. 5 of the Federal Law on the Rules of Procedure of the Federal Council). EXERCISE OF THE MANDATE Training · There is no training/initiation process on parliamentary practices and procedures for MPs. · There is no handbook of parliamentary procedure. Participation in the work of the Parliament · It is compulsory for MPs to be present at plenary sittings and committee meetings (S. 4 (1) of the Federal Law on the Rules of Procedure of the Federal Council). · Penalties foreseen in case of failure to fulfil this obligation (S. 3 (1) (c), and 4 (4) of the Federal Law on the Rules of Procedure of the Federal 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. 7 (2), and 68 to 71 of the Federal Law on the Rules of Procedure of the Federal Council, and in S. 17 and 18 of the Information Rules Act. · Disciplinary measures foreseen: - Warning for irrelevance (S. 69 (1) and 71 of the Federal Law on the Rules of Procedure of the Federal Council) - Withdrawal of the right to speak, eventually with non-recognition for the rest of the sitting (S. 68, 69 (2), and 70 (2) of the Federal Law on the Rules of Procedure of the Federal Council) - Interruption (S. 68 of the Federal Law on the Rules of Procedure of the Federal Council) - Call to order (S. 70 (1) and (3), and 71 of the Federal Law on the Rules of Procedure of the Federal Council) - Suspension of the sitting (S. 7 (2) of the Federal Law on the Rules of Procedure of the Federal Council) · Specific cases: - Offence or insult (S. 70 of the Federal Law on the Rules of Procedure of the Federal Council): call to order, interruption, withdrawal of the right to speak, with non-recognition for the rest of the sitting · Competent body to judge such cases/to impose penalties (S. 7 (2) of the Federal Law on the Rules of Procedure of the Federal Council): the President of the Federal Council · Procedure (S. 7 (2), and 68 to 71 of the Federal Law on the Rules of Procedure of the Federal Council) Code (rules) of conduct The Austrian Parliament does not have a code of conduct. But 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 advantages (S. 305 Criminal Code) and for accepting advantages with the intent to be 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). Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 2 July 2018
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