President of Austria facts for kids

Quick facts for kids President of Austria
State flag
Coat of arms
Incumbent Alexander Van der Bellen since 26 January 2017
Style	Mr. President His Excellency
Member of	Presidential Chancellery
Seat	Leopoldine Wing, Hofburg Imperial Palace Innere Stadt, Vienna
Nominator	Political parties or self-nomination
Appointer	Direct popular vote sworn in by the Federal Assembly
Term length	Six years, renewable once consecutively
Constituting instrument	Constitution of Austria
Formation	Creation: 10 November 1920 (104 years ago) (1920-11-10) Restoration: 27 April 1945 (80 years ago) (1945-04-27)
First holder	Michael Hainisch
Abolished	Anschluss: 13 March 1938 (87 years ago) (1938-03-13) (later restored)
Succession	Line of succession
Salary	€349,398 annually

The President of Austria (called Bundespräsident in German) is the head of state for the Republic of Austria. This important job means the president is the top representative of the country.

The role of president started in 1920 after the Austro-Hungarian Empire and its Habsburg monarchy ended in 1918. The president took over from the emperor as head of state. The power of the president has changed a lot over time. At first, the president had very little power and was mostly a figurehead (a leader in name only). Later, the president gained a lot of power.

However, this power was lost when a dictatorship took over in 1934. In 1938, Nazi Germany took control of Austria, and the presidency was completely removed. After Allied forces freed Austria in 1945, the country's Constitution and the president's office were brought back.

Even though the president regained a lot of power, since 1945, presidents have usually chosen to be more of a symbolic leader. This allows the Chancellor to be the main executive (the person who runs the government). Since 1951, most presidents have come from the Social Democratic Party or the People's Party. However, the current president, Alexander Van der Bellen, was supported by the Green Party.

The president has several key duties. They appoint the chancellor, vice chancellor, and other ministers who form the Cabinet. The president also signs new laws, appoints judges, and handles international agreements. They also perform many ceremonial tasks.

Some powers, like removing the chancellor or dissolving the parliament, are rarely used. The president is the highest-ranking official in Austria, above the head of parliament and the chancellor. The president's office and official home are in the Hofburg Imperial Palace in Vienna.

History of the Presidency

How the Office Began

The "Abdication Proclamation" of Emperor Charles I.

Before World War I ended, Austria was part of a large empire called the Austro-Hungarian Empire. An emperor was the head of state. Towards the end of 1917, the empire started to break apart. By 1918, it split into several independent countries.

As the emperor lost power, members of the parliament from the German-speaking parts of the empire formed a new group on October 21, 1918. This group was called the Provisional National Assembly. On October 30, they declared the creation of a new country called German-Austria. They also set up a State Council to run the government. For about two weeks, the old empire and German-Austria existed at the same time.

On November 11, Emperor Charles I gave up his role in government. He didn't officially quit being emperor, but the next day, the National Assembly declared German-Austria a republic. The monarchy officially ended in April 1919 with the Habsburg Law, and Charles I was sent into exile.

The State Council took over the emperor's duties. Three chairmen of the assembly became the country's collective (group) head of state.

Creating the President's Role

On March 4, 1919, the Constituent National Assembly met. This was the first parliament elected by all citizens. They chose Karl Seitz as their chairman. On March 15, the National Assembly ended the State Council, making Seitz the only head of state. They then started writing a new Constitution.

Some political parties wanted a strong president, like the one in Germany at the time. But others, fearing a "substitute emperor," wanted a group of leaders instead. They finally agreed on a compromise: a president separate from the parliament but with little power.

On October 1, the Federal Constitutional Law, the main part of the new Constitution, was approved. It became active on November 10, making Seitz the president in all but name. The new Constitution said the president would be chosen by the Federal Assembly, which is a meeting of both parts of the Parliament. On December 9, 1920, the Federal Assembly elected Michael Hainisch as the first official President of Austria.

The First Republic

Michael Hainisch, the first president of Austria

Many people were not happy with the new parliamentary system. This led to more support for the Heimwehr movement, which wanted a stronger president. On December 7, 1929, the Constitution was changed. This gave the president much more power, similar to presidents in countries where the president is the main leader. It also said the president would be elected directly by the people for a six-year term. The first such election was planned for 1934. However, due to money problems from the Great Depression, parties agreed to let Wilhelm Miklas be re-elected by the Federal Assembly instead.

Three years later, Engelbert Dollfuss and the Fatherland Front ended the parliamentary system. They officially cancelled the Constitution on May 1, 1934. A new authoritarian system was put in place, which gave power to the chancellor, not the president. Miklas lost the power he had gained but stayed on as a symbolic leader. He did resist some demands from the Nazis during the Anschluss crisis. He remained president until March 13, 1938, when Nazi Germany took over Austria.

Chancellor Engelbert Dollfuss played a key role in the history of fascism (1934).

The Second Republic

When Austria became independent again on April 27, 1945, leaders decided to use the 1920 Constitution, with its 1929 changes. They didn't want to spend time writing a new one, fearing the Red Army might try to impose Communist rule. So, the Constitution, which allowed for popular election of the president, was brought back on May 1.

After the 1945 election, the Federal Assembly temporarily suspended the popular vote rule and appointed Karl Renner as president on December 20. This was mainly due to a lack of money for an election. Since the 1951 election of Theodor Körner, all presidents have been elected directly by the people.

Since 1945, presidents have generally taken a less active role in daily politics. They are usually not in the news much, except during elections. One exception was Kurt Waldheim, who faced controversy over his past military service. Another was Thomas Klestil, who tried to be more active in politics but didn't succeed.

Alexander Van der Bellen (from the Green Party) was the first president not from the two main parties. He was also the first president to remove a chancellor and a whole Cabinet because of a parliamentary vote.

How the President is Elected

Election Process

The President of Austria is chosen by a public vote for a six-year term. A president can only serve two terms in a row. All Austrian citizens aged 16 or older who can vote in parliamentary elections can vote for president.

Until 2011, members of royal families (like the House of Habsburg) could not run for president. This rule was removed in 2011. Anyone eligible to vote for parliament who is at least 35 years old can now run for president.

The election uses a two-round system. If no candidate gets more than 50% of the votes in the first round, the top two candidates go to a second round. However, the group that nominated one of these two candidates can choose a different candidate for the second round. If only one person runs for president, people vote to either accept or reject that person.

While in office, the president cannot hold any other elected job or position.

Oath of Office

Before starting their job, the president must take an oath. This happens in front of the Federal Assembly. The oath is:

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 president can also add a religious statement to the oath if they wish.

What the President Does

The president's powers and duties are set out in the Federal Constitutional Law. Other powers come from laws, traditions, or past actions.

Most actions by the president need a request from someone else and a "countersignature." A countersignature confirms that the president signed the act and that it follows the Constitution. The person who countersigns is also responsible for carrying out the act.

Executive Powers

Appointing the Cabinet

Cabinet Kreisky I, with Chancellor Bruno Kreisky seated at the center and President Rudolf Kirchschläger standing behind him (center-right)

The president appoints the chancellor, the vice chancellor, and all the ministers. Together, these people form the Cabinet.

A new National Council (the main part of Parliament) is elected at least every five years. After an election, the president usually asks the leader of the party that won the most seats to form a new Cabinet. In theory, the president could choose any adult citizen to be chancellor. However, the National Council can vote to remove the chancellor or any minister at any time. The president must remove any minister the National Council wants gone. This means the chancellor must have the support of the National Council.

If no party wins a clear majority, the largest party's leader will look for a smaller party to form a coalition (a partnership). This helps create a stable Cabinet that the National Council will support. This process involves "exploratory discussions" and then more serious "coalition negotiations." The goal is to create a plan for the government, a contract between the parties, and a list of ministers. The leader of the smaller party usually becomes the vice chancellor and gets another ministry.

Once negotiations are done, the winning party's leader gives the list of ministers to the president. The president can accept or reject it. If accepted, the new Cabinet is appointed and sworn in. If rejected, the president might ask for changes, ask someone else to form a Cabinet, or call for new elections.

Only three times has a president refused to appoint a minister. Karl Renner refused to re-appoint a minister suspected of corruption. Theodor Körner rejected a demand to include a far-right party member in the Cabinet. Thomas Klestil refused to appoint someone who had been charged with a crime and another who had made extreme comments.

Removing the Cabinet

The president can remove the chancellor or the entire Cabinet whenever they wish. However, individual ministers can only be removed by the president if the chancellor asks for it. So far, a president has never removed an entire Cabinet against its will. President Wilhelm Miklas did not use this power when Chancellor Engelbert Dollfuß ended the Constitution to create a dictatorship.

A minister was removed against their will only once. This happened when Chancellor Sebastian Kurz asked President Alexander Van der Bellen to remove Interior Minister Herbert Kickl. The president is the only person who can legally remove any Cabinet member from office. Even if a Cabinet member quits or is removed by a no-confidence vote, the president must officially remove them.

Appointing Other Officials

Legally, the president appoints all federal officials, not just Cabinet members. This includes all military officers and soldiers, all judges, and all regular government workers. However, this power is usually given to the ministers and their staff. The president still has the right to personally appoint the top leaders of the federal government.

The governors of the states are both the chief executives of their state and representatives of the national Cabinet. So, the president swears in all governors after they are elected by their State Legislature.

Legislative Powers

Signing Bills into Law

The signatures of four presidents

The president signs all bills to make them laws. This is a duty, not a choice. It's not like a presidential veto in the United States. When signing, the president must check if the law was passed correctly according to the Constitution. If not, the president must refuse to sign, which stops the bill. All federal laws must be signed by the president to become active.

The president usually does not check if a law follows the Constitution; that's the job of the Constitutional Court. However, some believe the president can refuse to sign if a law is clearly unconstitutional. President Heinz Fischer once refused to sign a bill that would have punished actions that were legal when they happened. This is the only time a president has refused to sign a bill.

Once a bill is introduced in Parliament, it must pass the National Council and be approved by the Federal Council. After it's approved, the chancellor gives it to the president. After the president signs it, the chancellor also signs it and publishes it in the official law gazette, making it effective.

Dissolving the National Council

The renovated chamber of the National Council.

The president can dissolve the National Council (parliament) if the Cabinet asks. This can only be done once for the same reason. If the president dissolves the National Council, it is immediately ended. However, a small committee of the National Council stays active as an emergency group until a new National Council is elected. If the National Council dissolves itself, the old one continues to meet until a new one is chosen.

Only President Wilhelm Miklas has used this power. He did so after the Christian Social Party lost its coalition partner and parliamentary support.

Dissolving State Legislatures

The president can dissolve any State Legislature if the Cabinet asks and the Federal Council agrees. This can only be done once for the same reason. The Federal Council must agree with a two-thirds majority vote. The representatives from the state whose legislature is to be dissolved cannot vote.

Dissolving a State Legislature is seen as interfering with the states' self-governance. This power has never been used.

Emergency Decrees

The president can make emergency decrees during a crisis. The Constitution says:

To prevent serious harm to the public, when the National Council is not meeting and cannot be called quickly, the president can, at the Cabinet's request and with the approval of a special committee of the National Council, issue temporary rules that act as laws.

Emergency decrees cannot change the Constitution or important laws. As soon as the National Council meets again, it must approve or cancel any active emergency decrees. This power has never been used.

Other Legislative Powers

The president can call and end meetings of the National Council. If the Cabinet or one-third of the members of the National Council or Federal Council ask, the president must call a meeting of the National Council. The president can also call a meeting of the Federal Assembly. Finally, the president can order a binding or non-binding plebiscite (public vote).

Judicial Powers

Carrying out Constitutional Court Decisions

The president is responsible for carrying out decisions made by the Constitutional Court, if regular courts don't handle it. The Court itself asks the president to enforce its decisions.

The president has broad powers to enforce these decisions. They can give direct orders to any federal or state authorities as part of this enforcement.

Appointing Judges

The Palace of Justice, seat of the Supreme Court of Justice.

The president appoints the president, vice president, six other judges, and three substitute judges of the Constitutional Court. These appointments are based on recommendations from the Cabinet, National Council, and Federal Council.

The president also appoints all judges of the Supreme Court of Justice and the Supreme Administrative Court. The Cabinet can only choose from a list of judges nominated by the courts themselves.

Presidential Clemency

The president has the power of clemency. This includes pardons (forgiving a crime), changing sentences, and reducing punishments. A presidential pardon not only cancels the sentence but also removes the conviction itself. The president can also delete criminal records or limit who can see them.

People who want clemency must ask the Ministry of Justice. The minister decides whether to approve or deny the request. If approved, it goes to the president. The president usually agrees with the minister's decision. The president can always deny clemency but cannot grant it without a request from the Minister of Justice.

Diplomatic Powers

The president is Austria's chief diplomat. They can negotiate and sign treaties with other countries. They also receive foreign visitors, approve the appointment of consuls, and appoint consular representatives. Treaties that change existing laws must be approved by the National Council.

When Austria joined the European Union, President Thomas Klestil and Chancellor Franz Vranitzky disagreed about who should represent Austria in the European Council. The chancellor eventually took on this role, though Klestil argued he had only given his power to the chancellor.

Military Powers

The president is the commander-in-chief (top leader) of the Austrian Armed Forces. This power is not very clearly defined. The extent of the president's authority as commander-in-chief is open to interpretation.

While the president outranks the Minister of Defense and all military personnel, their military authority usually requires a countersignature or request from the Cabinet. This means the president must work with the Cabinet on military matters.

No president has ever used this power directly, so there are no past examples. Daily military operations are handled by the Minister of Defense, who is called the supreme commander of the Armed Forces by the Constitution. Defense policy and major decisions about using the military are usually made by the entire Cabinet.

As commander-in-chief, the president takes over the role of the emperor of Austria as the head of the Austro-Hungarian military. After the monarchy fell, a committee of the National Council made military decisions. In 1929, the Christian Social Party moved this top military authority to the president.

The president also gives official papers (commissions) to officers, but this is not part of their role as commander-in-chief.

Ceremonial Duties

The Golden Badge of Merit, one of the Decorations of Honour.

The president has other duties that are typical for a head of state. These include creating and giving out honorary titles. They also have the symbolic right to make children born outside of marriage legally legitimate if their parents ask.

The president also gives out the Decorations of Honour for Services to the Republic of Austria. This is Austria's highest state award. It is given for amazing achievements in areas like politics, science, and culture, at the request of the Cabinet. There are 15 levels of these awards, from the Bronze Medal to the Grand Cross. The president automatically receives the Grand Cross when they take office.

Another special honor the president gives is the Promotio sub auspiciis Praesidentis rei publicae. This is a golden ring given to doctoral students for outstanding academic achievements.

About the President's Job

Immunity

The president is generally protected from criminal charges. The president can only be prosecuted if the Federal Assembly gives its clear permission. If the government wants to prosecute the president, it must ask the National Council. If the National Council agrees, the Federal Assembly meets to decide.

The Constitution does not say that a criminal conviction automatically removes the president from office. However, a prison sentence would certainly make the president unable to do their job, leading to a loss of all presidential authority.

Accountability

Political Accountability

The Federal Assembly chamber in the Austrian Parliament Building.

One way to remove a president from office is through a public vote (plebiscite). Since the people elect the president, the people can also remove them.

This process starts with the National Council voting to call a meeting of the Federal Assembly to consider removing the president. This vote needs a two-thirds majority and at least half of all National Council members present. If this vote passes, the president is immediately unable to perform their duties. Once the Federal Assembly meets, it decides whether to hold a public vote.

If the public votes to remove the president, the president is removed. If the public votes against removal, a new parliamentary election is triggered, and the National Council is automatically dissolved.

Legal Accountability

The president can be impeached (charged with wrongdoing) before the Constitutional Court by the Federal Assembly if they violate constitutional law.

This process begins with a vote by either the National Council or the Federal Council. If the vote passes, the Federal Assembly must meet. The Federal Assembly then considers impeaching the president. A two-thirds majority and at least half of all members from both the National Council and Federal Council must be present to start the impeachment process.

If the Federal Assembly votes to impeach, it acts as the accuser before the Constitutional Court. If the Court finds the president guilty of violating the Constitution, the president is removed from office. If the president is found guilty of only a minor offense, they stay in office but receive a reprimand.

Who Takes Over?

The Constitution does not have a vice president. If the president is temporarily unable to do their job (for example, due to surgery, illness, or a trip abroad), the chancellor takes over for up to twenty days. The chancellor does not get a special title like "acting president" during this time.

The powers and duties of the president go to the Presidium of the National Council in three situations:

• If the twenty-day period with the chancellor expires, the Presidium takes over on the twenty-first day.
• If the president dies, resigns, or is removed from office, the Presidium takes over immediately.
• If the National Council calls the Federal Assembly to consider removing the president through a public vote, the Presidium also takes over immediately.

When the Presidium takes over, the three presidents of the National Council act together as one body. If their votes are tied, the highest-ranking president makes the final decision.

Salary

The president earns €349,398 per year. The chancellor earns €311,962 per year. This salary is quite high compared to leaders of much larger countries. For example, the chancellor of Germany earns €251,448, and the president of France earns €179,000.

Workplace

The mirror room (left), the central hallway (right), and the facade (below) of the Leopoldine Wing.

The president's main office and official residence are in the Leopoldine Wing of the Hofburg Imperial Palace in Vienna. Sometimes, the Leopoldine Wing is also called the "Presidential Chancellery" (the Office of the President). However, the president does not actually live in the Hofburg; they keep their own home.

The Hofburg is an old imperial building from the 13th century. After the monarchy fell and the republic was formed, democratic leaders wanted to keep their distance from royal buildings. So, the president's first office was in the chancellery building. But this building was badly damaged during World War II.

So, the first president of the Second Republic, Karl Renner, chose the Leopoldine Wing. He liked that its design was influenced by Empress Maria Theresia, who was very popular. The old chancellery building was later rebuilt and is now the workplace of the chancellor.

Today, the Leopoldine Wing holds the offices of the Presidential Chancellery on its second and third floors. The president also has a summer residence in Styria called Mürzsteg Hunting Lodge. Although former President Heinz Fischer promised to sell it, the lodge is still used by presidents to host guests and foreign visitors.

Protection

The president is legally protected by several criminal laws. One important law, § 249 of the Criminal Code, states:

Anyone who tries to remove the president by force or threats, or uses these methods to force or stop the president from doing their job, will be imprisoned for up to ten years.

The presidential title "Bundespräsident" is protected by the Constitution. No one else can use this title, even if they combine it with other words.

Office of the President

The Office of the President (Präsidentschaftskanzlei) is a government agency that works directly for the president. It helps the president with their duties, manages communication with politicians, diplomats, and citizens, and handles all other daily tasks related to the presidency. The office has various staff, including political advisors, legal experts, spokespeople, and the president's adjutant (a military officer who protects the president). The Office of the President is located in the Leopoldine Wing of the Hofburg Imperial Palace.

See also

In Spanish: Presidente de Austria para niños

• History of Austria
• Politics of Austria
• Chancellor of Austria
• List of chancellors of Austria
• Vice-Chancellor of Austria
• Emperor of Austria