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89-451: The Court does not have a fixed number of members. As of the early 21st century, there are typically between fifty and sixty justices on the Court. The responsibility for appointing Supreme Court justices is vested in the president of Austria , but the president can and usually does delegate this task to the minister of justice . The minister picks from a shortlist of three nominees provided by

178-508: A ministers' list ( Ministerliste ), which determines the Cabinet's composition. The leader of the junior partner usually receives the vice chancellorship and an additional ministry. Following the end of the negotiations, the leader of the winning party submits the ministers' list to the president, who can either accept or reject it. If the president accepts, the new Cabinet will be appointed and officially sworn in at an inauguration ceremony. If

267-541: A number of independent rump states over the course of the following year. As the emperor had grown practically powerless, the members of the lower chamber of the Imperial Council – representing Cisleithania , including the empire's ethnically German provinces – formed a Provisional National Assembly for their paralyzed country on 21 October 1918. On 30 October, the National Assembly passed

356-471: A plenary session is mainly required to authorize the yearly activity report. The president of the Supreme Court is the head and chief administrator of the Court. The president leads the judicial administration ( Justizverwaltung ), which also comprises the two vice presidents as well as the chief of staff ( Präsidialrichter ). The Judicial Administration includes affairs related to the personnel,

445-497: A routine part of the legislative process; neither the Cabinet nor the legislature are required to defer to any of them. The Court maintains the Central Library ( Zentralbibliothek ), Austria's official public law library. As of September 2023, the Supreme Court of Justice consists of a president, two vice presidents, thirteen presiding justices ( Senatspräsident ) and forty-four regular justices ( Hofrat ). Since

534-458: A shortlist of three candidates in the event of a vacancy. In theory, the minister may appoint any Austrian legally qualified to sit on the bench (and not excluded by the constitution's rudimentary incompatibility provisions). In practice, the minister dependably picks one of the three candidates nominated by the Court. For the purpose of actually trying cases, the Court is partitioned into 18 panels ( Senate ) of five members each. As everywhere in

623-408: A specialized final exam ( Richteramtsprüfung ). Supreme Court justices cannot be members of a cabinet or legislative body. The responsibility for appointing justices is vested in the president of Austria , but the president can and usually does delegate this power to the minister of justice . The Court maintains a specialized personnel committee ( Personalsenat ) that provides the minister with

712-456: A statute is undoubtedly unconstitutional. President Heinz Fischer refused to sign a bill – containing criminal provisions with retrospective effect – into law; this remains the only time a president withheld their signature. Trial court A trial court or court of first instance is a court having original jurisdiction , in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with

801-419: Is a parliamentary democracy in which most bills originate not from individual lawmakers but from the Cabinet; the country has had strong consociationalist tendencies historically and remains highly consensus-oriented to this day. Formal expert opinions on draft bills offered by political lobbying groups, professional associations, churches, regional governments, and various arms of the federal bureaucracy are

890-719: Is authorized to hear some type of civil or criminal case that is not committed exclusively to another court. The United States district courts are the trial courts of general jurisdiction of the federal judiciary ; each state has a system establishing trial courts of general jurisdiction, such as the circuit courts in Florida, the superior courts in California, and the New York Supreme Court in New York state. Most trial courts are courts of record , where

979-445: Is elected under the two-round system . This means that if no candidate receives an absolute majority (i.e. more than 50%) of valid votes cast in the first round, then a second ballot occurs in which only those two candidates who received the greatest number of votes in the first round may stand. However, the constitution also provides that the group that nominates one of these two candidates may instead nominate an alternative candidate in

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1068-539: Is open to all people entitled to vote in general parliamentary elections, which in practice means that suffrage is universal for all Austrian citizens over the age of sixteen that have not been convicted of a jail term of more than one year of imprisonment. (Even so, they regain the right to vote six months after their release from prison.) Until 1 October 2011, with the exception of members of any ruling or formerly ruling dynastic houses (a measure of precaution against monarchist subversion, and primarily aimed at members of

1157-601: Is primarily an appellate court, but has original jurisdiction in cases involving a diplomatic official or a state. Because different U.S. states apply different names to their courts, it is often not evident whether a court has general or limited jurisdiction or indeed is a trial court at all. For instance, the Maine District Court is a court of limited jurisdiction, but the Nevada District Courts are courts of general jurisdiction. Likewise,

1246-507: Is the only person legally able to remove any Cabinet member (including the chancellor) from office. Even if a Cabinet member resigns or is ousted by a no confidence vote, the president must remove them. From a legal perspective, the president appoints all federal officers and not just the members of Cabinet. This includes all military officers and soldiers , all judges as well as all ordinary functionaries. However, this constitutional power has been statutorily or conventionally delegated to

1335-603: Is virtually identical to the contemporary system. A statute enacted in August 1850 established the panel system and otherwise detailed Supreme Court organization and procedure. Effective 1852, Franz Joseph rescinded the March Constitution, attempting to reestablish himself as an absolute monarch . A complete rewrite of the Penal Procedure Code in 1853 eliminated judicial independence and, partially,

1424-785: The Reichsgericht in Leipzig ; there was no strong reason for an extra appeals court intermediating between the Reichsgericht and the paltry 3 higher regional courts of the Reich's new territorial addition, the State of Austria ( Land Österreich ). For another thing, the Nazis were already planning to dissolve the State of Austria into a number of unlinked provinces ( Reichsgaue ) in

1513-573: The Austro-Hungarian Compromise of 1867 . The collapse of the empire at the end of World War I and the Austrian rump state's subsequent transition from monarchy to democratic republic necessitated a number of changes to Austria's system of courts of public law. The system of general courts, on the other hand, remained largely unaffected, except of course for its drastic decrease in geographic reach. A pair of laws enacted by

1602-566: The Constituent National Assembly , the first parliament to be elected by universal suffrage , convened and named Seitz its chairman a day later. The National Assembly disbanded the State Council on 15 March – hence Seitz became the sole head of state – and began drafting a new Constitution the same year. The Christian Social Party advocated creating a presidency with comprehensive executive powers, similar to

1691-642: The Federal Constitutional Law , the centerpiece of the new Constitution, was ratified by the National Assembly and on 10 November, it became effective, making Seitz president of Austria in all but name. The new Constitution established the president to be elected by the Federal Assembly , a joint session of both houses of the now-bicameral Parliament . On 9 December 1920, the Federal Assembly elected Michael Hainisch as

1780-607: The Green Party ) became the first president not affiliated with either of the two dominant parties – the Social Democratic Party and the People's Party – and the first president to dismiss a chancellor as well as an entire Cabinet as a result of a parliamentary ouster . The president of Austria is elected by popular vote for a term of six years and is limited to two consecutive terms of office. Voting

1869-601: The House of Habsburg ), anyone entitled to vote in elections to the National Council who is at least 35 years of age is eligible for the office of president. The exception of ruling or formerly ruling dynasties has been abolished meanwhile within the Wahlrechtsänderungsgesetz 2011 (Amendment of the law on the right to vote 2011) due to an initiative by Ulrich Habsburg-Lothringen . The president

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1958-538: The Ibiza affair and a likely collapse of the Cabinet, Kickl moved to appoint Peter Goldgruber – with whom he had close ties – to the office of director general for Public Security , which would have granted him direct control over Austrian law enforcement. President Alexander Van der Bellen refused to assent Goldgruber's appointment – following a convention to avoid high-level appointments during transition periods – thus preventing him from taking office. The president

2047-643: The March Constitution , elaborating on a number of the provisions of the Pillersdorf Constitution. In particular, the March Constitution confirmed that the judicial powers and responsibilities of landlords, cities, and ecclesiastical corporations were abolished. All disputes were to be settled by the State, in courts explicitly created by statutory law and according to procedure explicitly set forth in statutory law. The new constitution also expressly established judicial independence and

2136-511: The Social Democratic Party and the People's Party had been elected to the presidency, with the exception of the Green -endorsed incumbent Alexander Van der Bellen . The most notable presidential power is the appointment of the chancellor, the vice chancellor and the ministers , which collectively form the Cabinet of Austria . The president also signs bills into law, appoints the justices of

2225-596: The Staatsgründungsbeschluss , the law that proclaimed the creation of German-Austria and served as its provisional constitution. Additionally, the National Assembly appointed three coequal chairmen, one of them being Karl Seitz , and established a State Council to administer the executive branch. For about two weeks, the Empire and German-Austria co-existed, having a roughly similar population and territory. On 11 November, Emperor Charles I dissolved

2314-590: The State Legislature . The president signs all bills into law. Signing bills into law is a duty and not a discretionary power of the president; it is not comparable with the presidential veto in the United States . When signing bills into law, it is the task of the president to check if a piece of legislation was enacted according to constitutional prerequisites. If that is not the case, the president must withhold their signature, which strikes down

2403-776: The Supreme Courts , signs treaties and exercises various ceremonial duties. Additionally, the president is empowered to remove the chancellor and the Cabinet, dissolve the National Council and the State Legislatures , rule by decree and oversee the Armed Forces but these powers have never or rarely been used. The president ranks first in Austria's order of precedence , ahead of the Presidium of

2492-527: The United States Tax Court in the federal judiciary) or by other means, such as small claims courts in many states for civil cases with a low amount in controversy . Other trials do not take place in courts at all, but in quasi-judicial bodies or in administrative agencies with adjudicatory power created by statute to make binding determinations with simplified procedural practices, such as arbitration . The United States Supreme Court

2581-436: The allied forces in 1945, the republican Constitution was restored and so was the office of the president. Though the president regained the tremendous power they held before the corporatist era, since the second republic, the president voluntarily chose to serve as a ceremonial and symbolic figurehead, allowing the chancellor to become chief executive instead. Since the institution of the popular vote in 1951, only nominees of

2670-403: The chancellor , the vice chancellor , and the ministers , which collectively form the Cabinet of Austria . A new National Council , the dominant lower chamber of Parliament , is elected at least every five years by universal suffrage . Following such an election, the president, according to political convention, charges the chancellor candidate of the party that won the most seats with

2759-620: The presidency of the Weimar Republic . However, the Social Democratic Worker's Party , fearing that such a president would become a "substitute emperor", favored reverting to a parliamentary presidium acting as collective head of state. In the end, the framers of the Constitution opted for a compromise, creating a presidency that was separate from the legislature but lacked even nominal power. On 1 October,

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2848-542: The separation of powers of judiciary and executive. Subsequent legislation pursuant to the March Constitution created a system of general courts that also survived, with a few significant but narrow alterations, to this day. Most notably, the Constitution of the Courts ( Gerichtsverfassungsgesetz or GVG ) of June 1849 and the Penal Procedure Code ( Strafprozessordnung or StPO ) of January 1850 implemented an empire-wide hierarchy of trial and appellate courts that

2937-432: The Austrian court system, panels are subject to a fixed and specific apportionment of responsibilities ( feste Geschäftseinteilung ). The fixed apportionment is meant to prevent the Cabinet from influencing outcomes by hand-picking a panel sympathetic to its perspective. One panel exclusively deals with appeals decisions reached by arbitration tribunals; another panel hears appeals against antitrust verdicts handed down by

3026-499: The Court also deals with some intra-judicial disputes. It hears, as court of first instance, complaints lodged by judges against the public administration and disciplinary complaints against justices of the Supreme Court and higher regional courts and attorneys of the Supreme Prosecutorial Service and the higher regional prosecution services ( Oberstaatsanwaltschaft ). The first disciplinary committee of

3115-628: The Court deals with the Court's own justices and personnel. In contrast, the second disciplinary committee deals with the judges, attorneys and other personnel of the aforementioned inferior institutions. It also has appellate jurisdiction in disciplinary proceedings against lower-ranking judges, prosecutors, attorneys, and notaries. Decisions handed down by the Court are final. Although the Supreme Court has disciplinary authority ( Disziplinargewalt ) over lower-ranking judicial bodies, it does not have operational authority ( Dienstaufsicht ) over them. The Ministry of Justice has operational authority over

3204-417: The Court is charged with publishing appraisals of draft legislation presented to the National Council by the Cabinet ; the Court is required to evaluate a Cabinet bill if asked to do so by the president of the Court or the minister of justice . The Court does not have the authority to actually veto legislation, however, and neither does it have the soft power to make draft bills politically untenable. Austria

3293-515: The Court itself. The Supreme Court of Justice convenes in the Palace of Justice in Vienna . The Supreme Court of Justice has ultimate appellate jurisdiction over all civil and criminal court cases in Austria and is the highest body within the general court system ( ordentliche Gerichtsbarkeit ). Any party to a general court case can file an appeal on points of fact and law ( Berufung ). If

3382-625: The Court unaltered. The absorption of Austria into the German Reich in March 1938 made the Supreme Court superfluous and, in fact, inconvenient; for one thing, the German judiciary used the same four-tier hierarchy as its Austrian counterpart. The judicial districts served by German and Austrian local, regional, and higher regional courts, respectively, were roughly comparable in size. Decisions of Germany's 28 higher regional courts were appealed to

3471-524: The Imperial Cabinet and officially renounced any participation in government affairs but did not abdicate, seeing this move only as a temporary break from his rule. However, the next day, the National Assembly proclaimed German-Austria to be a republic. Despite the effective dissolution of the Empire, the monarchy officially still continued to exist and Emperor Charles I continued exercising ceremonial powers as German-Austria refused to be seen as

3560-692: The National Council and the chancellor. The workplace and official residence of the president is located in the Leopoldine Wing of the Hofburg Imperial Palace in Vienna . Prior to the collapse of the multinational Austro-Hungarian Empire towards the end of World War I , what now is the Republic of Austria had been part of a monarchy with an emperor as its head of state and chief executive. The empire noticeably began to fracture in late 1917 and manifestly disintegrated into

3649-636: The Republic of Austria') is the head of state of the Republic of Austria . The office of the president was established in 1920 by the Constituent National Assembly of the first republic following the collapse of the Austro-Hungarian Empire and the Habsburg monarchy in 1918 . As head of state, the president indirectly succeeded the emperor of Austria . The power and role of the presidency has varied drastically over time. During

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3738-1394: The Supreme Prosecutorial Service ( Generalprokuratur ), a unique specialised judicial body with the power to review the compliance of lower court verdicts with statutory and constitutional law; as its nature and purpose is different from all other prosecution services, the Supreme Prosecutorial Service cannot file criminal charges and does not have operational authority over lower prosecution services, though it may handle certain demarcation conflicts between them. Civil cases include regular civil trials ( Zivilprozess ) as well as so-called "non-adversary proceedings" ( Außerstreitverfahren ), enforcement proceedings ( Exekutionsverfahren ) and insolvency proceedings ( Insolvenzverfahren ). Non-adversary proceedings in turn include matters related to property ( Grundbuchssachen ), incorporation ( Firmenbuchssachen ), guardianship ( Obsorge ), inheritance ( Verlassenschaftsverfahren ), child support ( Unterhaltsverfahren ), preliminary lawsuits ( Mahnverfahren ), adoption ( Adoption ), involuntary hospitalization ( Unterbringung ), declarations of death ( Todeserklärung ) and various other things; they are primarily adjudicated by judicial magistrates ( Rechtspfleger ). It hears "appeals-at-law" against decisions of appellate courts . A successful appeal-at-law not only overturns but utterly erases

3827-472: The Vienna higher regional court, which has specialist exclusive jurisdiction over all Austrian antitrust cases. A third panel handles disciplinary proceedings and other disputes internal to the judiciary. Of the remaining fifteen panels, ten deal with regular civil cases and five with criminal trials. Every panel is presided over by a chairperson . Though it is common for the president, the vice presidents and

3916-461: The applicable law. In most common law jurisdictions, the trial court often sits with a jury and one judge; in such jury trials , the jury acts as trier of fact . In some cases, the judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this is referred to as a bench trial . In the United States, a trial court of general jurisdiction

4005-474: The bill. All federal bills, statutory and constitutional, must be signed by the president to become effective. The president generally does not verify if an enacted statute complies with constitutional law; that falls within the purview of the Constitutional Court . Opinions regarding the extent of this responsibility have varied, with some arguing that the president may deny their signature if

4094-591: The case is a civil case, the appellate court will examine whether the trial court has made any procedural errors: if yes, it orders a retrial, sending the case back to the trial court; if no, or if the case is criminal, the appellate court conducts what is essentially a retrial itself. An appellate trial does not merely review points of law but also points of fact, assessing evidence and questioning witnesses again. While an appeal-at-law in civil matters ( Revision ) can be filed by any party, appeals-at-law in criminal matters ( Nichtigkeitsbeschwerde ) can only be filed by

4183-435: The chancellor candidate will commonly seek out the party most willing to compromise. Once a potential partner is found, the winning party will subsequently enter more serious and comprehensive "coalition negotiations" ( Koalitionsverhandlungen ), a process usually lasting several months. The objective of the coalition negotiations is to produce a cabinet agenda ( Regierungsprogramm ), a coalition contract ( Koalitionsvertrag ) and

4272-513: The chancellor must be acceptable to the National Council and maintain its confidence. If no party wins an absolute majority (the common electoral outcome since 1983), the leader of the largest party will search for a junior coalition partner to create a politically stable Cabinet that commands the support of the National Council. This process will kick off with a series of rather brief "exploratory discussions" ( Sondierungsgespräche ) with all parties, which usually lasts several weeks. During this time,

4361-466: The constitutionality of statutes or the legality of ordinances, hears election complaints, and hears complaints regarding the conduct of sitting elected officials and political appointees. While the general courts deal with all civil and criminal cases. Within the general court system, all trial court cases are adjudicated either by district courts ( Bezirksgericht ) or regional courts ( Landesgericht ); decisions of district courts can be appealed to

4450-407: The courthouse, the physical inventory, the budget, collaboration programs with universities, foreign countries, the press, the internal rules as well as the presidium, the secretariat, the bureau of evidence and the library and recruiting commissions. The president also presides over the personnel and second disciplinary committees. Like any other court president, the president of the Supreme Court has

4539-412: The demand of Chancellor Leopold Figl to appoint a Cabinet that would have included the far-right Federation of Independents , and Thomas Klestil declined to appoint a nominee that has been indicted and a nominee who had made frequent extremist and xenophobic remarks. The president can remove the chancellor or the entire Cabinet such at will. However, individual Cabinet members can only be dismissed by

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4628-413: The early 21st century, the Supreme Court typically has fifty to sixty members but Court and Cabinet may appoint as many justices as they deem necessary and appropriate. As with any other general court, Supreme Court justices are professional judges; they have graduated from law school , done four years of internship-type practical work ( richterlicher Vorbereitungsdienst ) in actual courthouses and passed

4717-480: The early first republic, the president was an utterly powerless figurehead . In the late first republic, the president received tremendous power but this power was swiftly taken away again following the abrogation of the Constitution and the erection of a corporatist dictatorship in 1934. When Nazi Germany annexed Austria in 1938, the presidency was completely abolished. Following the liberation of Austria by

4806-565: The emerging republic's provisional government in late 1918 and early 1919 confirmed the Supreme Court in its existence. The only thing the transition really changed was the name: the Supreme Court of Cassation ( Oberster Gerichts- und Kassationshof ) became the Supreme Court of Justice ( Oberster Gerichtshof ). Both the Kelsen Constitution of 1920 and the Austrofascist Federal State of 1934 retained

4895-423: The executive and legislative branches of government. One of its limbs, the administrative court system, reviews the legality of administrative acts. Its other limb, the Constitutional Court , adjudicates on liability claims against Austria, its states and its municipalities , handles demarcation conflicts between courts of law, or between courts and members of the public administration ; hears complaints regarding

4984-569: The financial ramifications of the Great Depression , all parties agreed to suspend the election in favor of having Wilhelm Miklas reelected by the Federal Assembly. Three years later, Engelbert Dollfuss and the Fatherland Front tore down Austrian parliamentarism altogether, formally annulling the Constitution on 1 May 1934. It was replaced by an authoritarian and corporatist system of government that concentrated power in

5073-457: The first official president of Austria. The parliamentary system erected by the new Constitution was highly unpopular with the majority of the population. This led to surging support for the authoritarian and paramilitary Heimwehr movement, which preferred a system that strengthens presidential authority. On 7 December 1929, under growing pressure from the Heimwehr , the Constitution

5162-483: The formation of a new Cabinet. Theoretically, the president could appoint any adult citizen eligible to be elected to the National Council as chancellor. However, the National Council can adopt a motion of no confidence against the chancellor, a minister, or the entire Cabinet at any time, and the President is constitutionally required to dismiss any minister whom the National Council wants gone. In practice, this means

5251-527: The hands of the chancellor, not the president. Miklas was stripped of the authority he had gained in 1929, but agreed to act as a figurehead for the sake of institutional continuity anyway. He was not entirely powerless, however; during the Anschluss crisis, he provided some of the stiffest resistance to Nazi demands. He technically remained in office until 13 March 1938, the day Austria was annexed by Nazi Germany and thus lost its sovereignty. The annexation

5340-466: The higher regional courts, the higher regional courts over the regional courts and the regional courts over the district courts; operational authority does not confer the right to meddle with judicial independence ( richterliche Unabhängigkeit ). The higher regional courts are also responsible for the general management ( Geschäftsführung ) of all courts within their circuit ( Oberlandesgerichtssprengel ). In addition to its adjudicative functions,

5429-600: The law, and the abolition of outdated remnants of the feudal system, finally forced the Habsburgs to take drastic action. The first milestone was the Pillersdorf Constitution enacted by Emperor Ferdinand in April 1848. The constitution promised increased civil liberties, provided for a limited form of democratic participation in government, and stipulated that from now on all jurisprudence would be within

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5518-510: The matter is ambiguous or inconsistent, the panel has to add an additional six members, for a total of eleven. A case that raises a question of law of wider importance also requires a panel of eleven ( verstärkter Senat ) if the verdict is going to overturn a large body of existing Supreme Court case law ( ein Abgehen von der ständigen Rechtsprechung ) or a verdict handed down by another panel of eleven. The Court only rarely meets in plenum;

5607-453: The members of the panel is appointed case manager ( Berichterstatter ). The case manager directs the preliminary research. An office staffed with about 30 to 40 researchers and other assistants is attached to the Court to aid case managers in this task. Once the preliminary investigation is complete, the panel convenes, hears the official presentation of case and research by the case manager, deliberates, and votes. The case manager votes first,

5696-403: The ministers and their subordinates. Though the president retains the right to personally appoint the top brass of the federal apparatus. Because the governors of the states do not only serve as the chief executives of their respective state government but also as the representatives of the national Cabinet within that state, the president swears in all governors, following their election by

5785-873: The near future; any institution that expressly and specifically served the territory traditionally known as Austria would eventually have to be disbanded in any case. The Court ceased operations in March 1939. When Austria regained independence in 1945, the Supreme Court was restored. Since then, its role and institutional structure have remained largely unchanged. President of Austria Wöginger • Rendi-Wagner • Kickl • Maurer • Meinl-Reisinger • [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] The president of Austria ( German : Bundespräsident der Republik Österreich , lit.   'Federal President of

5874-405: The other hand, had been allowed to lag. Civil and criminal procedure as well as the criminal code proper had made great strides forward during the reigns of Maria Theresa and Joseph II in the late 18th century, a period of rapid and profound reform. In the early 19th century, Emperor Francis II had revolutionized the civil code. In terms of its organizational structure, however, the Court system

5963-476: The power of appellate review ( appellate courts ). Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law. In the trial court, evidence and testimony are admitted under the rules of evidence established by applicable procedural law and determinations called findings of fact are made based on the evidence. The court, presided over by one or more judges , makes findings of law based upon

6052-587: The power to indefinitely suspend any justice from duty; a suspension automatically triggers a disciplinary proceeding again that justice. The following is a list of presidents: Between shortly after 1300 and shortly before 1800, the Habsburgs had gradually transformed their empire from a personal union of numerous independent realms and territories into a highly centralized unitary state . Feudal structures had been replaced with rules-based bureaucracies, hereditary local potentates with professional civil servants. The consolidation and modernization of jurisprudence, on

6141-473: The presence of the Federal Assembly (although the addition of a religious asseveration is admissible): I solemnly swear that I will faithfully observe the Constitution and all the laws of the Republic and fulfill my duty to the best of my knowledge and conscience. The presidency as well as its powers and duties are established by the Federal Constitutional Law , while additional powers may be rooted in statutory law , convention or precedent. Every act of

6230-508: The president on the request of the chancellor. So far, the dismissal of an entire Cabinet against its will has never occurred. President Wilhelm Miklas did not make use of this power when Chancellor Engelbert Dollfuß absolished the Constitution to establish the dictatorial Federal State of Austria . The removal of a minister against their will occurred only once, when Chancellor Sebastian Kurz asked President Alexander Van der Bellen to remove Interior Minister Herbert Kickl . Ensuing

6319-418: The president rejects the list, there are several options; the president asks the chancellor candidate to rewrite the list or omit certain nominees, charges someone else with the formation of a cabinet or calls new elections. There have only been three instances where a president refused to appoint a Cabinet nominee; Karl Renner denied to re-appoint a minister suspected of corruption, Theodor Körner dismissed

6408-412: The president requires a request or/and a countersignature to become effective, unless the Constitution expressly says otherwise. While requests are made on a discretionary basis, countersignatures exist to confirm that the act has in fact been signed by the president and meets all constitutional prerequisites. The countersigning authority is also responsible for implementing the act. The president appoints

6497-426: The presiding justice votes last; other members vote in order of decreasing seniority. In cases that are trivial or routine, the panel is permitted to meet as a panel of just three ( Dreiersenat ). If a panel of five ( einfacher Senat ) suspects that a case currently before it may raise a question of law of wider importance ( Rechtsfrage von grundsätzlicher Bedeutung ) and that existing Supreme Court case law in

6586-408: The presiding justices of the Court to chair a panel, it is not a legal necessity. For example, the 18th panel of the Court is chaired by a vice president and includes a presiding justice as ordinary member; conversely, the 11th panel was chaired by a presiding justice and included a vice president as ordinary member. A new case that comes before the Court is first assigned to the relevant panel. One of

6675-460: The provision calling for popular election of the president. Following the November 1945 legislative election , however, the Federal Assembly temporarily suspended this provision and installed Karl Renner as president of Austria as of 20 December. The suspension in question seemed to have been motivated mainly by a lack of money; no attempt was ever made to prolong it, and Renner had already been

6764-543: The purview of the emperor, implicitly promising and end to Austria's jumbled mess of landlord, estate, and ecclesiastical courts. Another milestone was an edict issued on August 21 abolishing the Supreme Judicial Office and creating the Supreme Court of Cassation ( Oberster Gerichts- und Kassationshof ). When Ferdinand's concessions failed to appease the revolutionaries and Ferdinand was forced to abdicate, his successor, Emperor Franz Joseph , promulgated

6853-552: The record of the presentation of evidence is created and must be maintained or transmitted to the appellate court. The record of the trial court is certified by the clerk of the trial court and transmitted to the appellate body. Not all cases are heard in trial courts of general jurisdiction. A trial court of limited jurisdiction is authorized to hear only specified types of cases. Trial courts of limited jurisdiction may be limited in subject-matter jurisdiction (such as juvenile , probate , and family courts in many U.S. states, or

6942-507: The respective regional court, regional court verdicts can be appealed to a higher regional court ( Oberlandesgericht ). The four higher regional courts and the Supreme Court of Justice do not have original jurisdiction and are limited to hearing appeals. To guarantee a consistent, nationwide interpretation and application of the law, some verdicts may be appealed to the Supreme Court directly, especially verdicts citing past and potentially outdated Supreme Court decisions. In addition to that,

7031-512: The ruling of the appellate court, sending the case down the ladder again. Decisions of trial courts − although not of appellate courts − that result from a trial court's invocation of an unconstitutional statute or ordinance can be challenged in the Constitutional Court by filing an "extraordinary appeal-at-law". The Austrian judiciary is organized into general courts ( ordentliche Gerichte ) and courts of public law ( Gerichte öffentlichen Rechts ). The courts of public law are responsible for

7120-484: The second round. If there is only one candidate standing in a presidential election then the electorate is granted the opportunity to either accept or reject the candidate in a referendum . While in office the president cannot belong to an elected body or hold any other position. Article 62 of the Austrian Constitution provides that the president must take the following oath or affirmation of office in

7209-504: The separation of powers. The hierarchy of trial and appellate courts in general and the Supreme Court of Cassation at its top in particular, however, survived. The Court then also survived the gradual return to constitutional rule between 1860 and 1868, although it lost jurisdiction over the eastern half of the empire when the Lands of the Crown of Saint Stephen gained legal independence ensuing

7298-508: The successor to Austria-Hungary and thus the monarchy was not legally abolished; only following the passage of the Habsburg Law in April 1919, the monarchy formally ceased to exist and Charles I was dethroned and exiled. The State Council assumed the remaining powers and responsibilities of the emperor, while the three assembly chairmen – as chairmen of the State Council – became the country's collective head of state . On 4 March 1919,

7387-449: The universally accepted, de facto head of state anyway. Starting with the 1951 election of Renner's successor Theodor Körner , all presidents have in fact been elected by the people. Since the restoration of the republic, presidents have taken an increasingly passive role in day-to-day politics ( Rollenverzicht ) and are rarely ever the focus of the press, except during presidential elections and political upheavals. A notable exception

7476-672: Was Kurt Waldheim , who became the subject of national and international controversy, after his service in the Wehrmacht and the Sturmabteilung were revealed to the public. Another exception was Thomas Klestil , who attempted to assume a far more active political role; he called for the grand coalition to remain in power and demanded to represent Austria in the European Council but ultimately failed on both counts. Alexander Van der Bellen (generally associated with

7565-421: Was amended to give the president sweeping executive and legislative power. Although most of these powers were to be exercised through the ministers , on paper the president now had powers equivalent to those of presidents in presidential systems . It also called for the office to be elected by popular vote and expanded the president's term to six years. The first election was scheduled for 1934. However, owing to

7654-511: Was legally formalised after Austria and Germany simultaneously passed what was effectively the same law; a plebiscite with 99% support was intended to give the Anschluss additional democratic legitimacy. When Austria was re-established as an independent state on 27 April 1945, the party leaders forming the provisional cabinet decided not to write a new constitution, instead reverting to that of 1920, as amended in 1929. Even though this revision

7743-444: Was no systematic separation of powers between judiciary and administration. The State as such mostly only exercised a limited amount of appellate jurisdiction. The Supreme Judicial Office ( Oberste Justizstelle ) in Vienna , created by Maria Theresa in 1749, functioned both as a token court of last appeal and as a rudimentary ministry of justice. The Revolutions of 1848 , whose goals included constitutional rule , equality before

7832-502: Was still essentially medieval. Original jurisdiction over most civil and criminal matters resided with local princes ( Landesfürsten ) in some regions, with the estates of the realm ( Landstände ) in others, with petty landlords in parts of the countryside, and with proto-democratic municipal governments in certain cities. Clergy, aristocracy, transients, or members of guilds could be subject to claims of jurisdiction based not on locale or subject matter but purely on social class. There

7921-464: Was still somewhat controversial at that point, it was part of Austria's most recent constitutional framework, giving it at least some much-needed form of democratic legitimacy. The party leaders were also afraid that lengthy discussion might provoke the Red Army , then in control of Vienna , to barge in and impose Communist rule. The Constitution thus reenacted, effective 1 May, therefore still entailed

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