President of Austria

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President of Austria
Bundespräsident der Republik Österreich
Coat of arms of Austria.svg
Flag of Austria (state).svg
Frauen-Fußballnationalmannschaft Österreich EM 2017 Empfang Bundespräsident 10 Alexander Van der Bellen.jpg
Alexander Van der Bellen

since 26 January 2017
Executive branch in Austrian Politics
Presidential Chancellery
StyleMr. President
His Excellency
(international correspondence)
StatusHead of State
ResidenceLeopoldine Wing, Hofburg Imperial Palace
SeatInnere Stadt, Vienna
NominatorPolitical parties or self-nomination
AppointerDirect popular vote
sworn in by the Federal Assembly
Term lengthSix years, renewable once
Constituting instrumentConstitution of Austria
  • Constituted:
    1 October 1920
  • Implemented:
    10 November 1920
First holderKarl Seitz
as President of the Constituent National Assembly (4 March 1919)
Michael Hainisch
as President of Austria (9 December 1920)
Salary328,000 annually[1] (in German)
This article is part of a series on the
Politics of Austria
Coat of arms of Austria.svg
Foreign relations

The President of Austria (German: Bundespräsident der Republik Österreich, lit. 'Federal President of the Republic of Austria') is the head of state of the Austrian Republic.

Though theoretically entrusted with great power by the Constitution of Austria, in practice the president is, for the most part, merely a ceremonial figurehead who acts mostly on the advice of the Chancellor and the Cabinet.[2][3][4][5][6][7][8][9] The President of Austria is directly elected by universal suffrage every six years. The President's offices are located in the Leopoldine Wing of the Hofburg Imperial Palace in Vienna.

Many presidents have gained tremendous popularity while in office, and no incumbent has ever lost a bid for re-election, although Kurt Waldheim did not run for a second term in office. Five presidents have died in office. From 2004 to 2016, the office was occupied by social democrat Heinz Fischer. Since the establishment of direct election in 1951, only members of the Social Democratic Party (SPÖ) and the People's Party (ÖVP) (and their predecessors) had been elected to the post (with the exception of Rudolf Kirchschläger, an independent endorsed by both the SPÖ and ÖVP) until the election of Green-endorsed Alexander Van der Bellen in 2016.


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 a number of independent nation states over the course of the following year.

Effective 21 October 1918, the Imperial Council parliamentarians representing the empire's ethnically German provinces formed a Provisional National Assembly for their paralyzed rump state and appointed veteran party leader Karl Seitz as one of their three largely coequal chairmen (21 October 1918 – 16 February 1919). As chairman, he also became a member (ex officio) of the Austrian State Council (Deutschösterreichischer Staatsrat). On 12 November 1918, the State Council collectively assumed the functions of head of state according to a resolution of the National Assembly.

On 11 November, Emperor Karl I announced "I relinquish every participation in the administration of the State. Likewise I have released the members of the Austrian Government from their offices."[10] The next day, parliament proclaimed the Republic of German Austria. The assembly presidents (Seitz, Franz Dinghofer and Johann Nepomuk Hauser) continued to serve as acting heads of state until 4 March 1919, when the National Constituent Assembly collectively assumed these functions. Anton David (4 March 1919 – 5 March 1919) and Seitz (5 March 1919 – 10 November 1920) were the presidents of the National Constituent Assembly.

Karl Seitz performed the duties of head of state according to a law of 1 October 1920, which transferred these duties to the "former president of the National Constituent Assembly" for the period from 10 November 1920, to the day of swearing-in of the first President (9 December 1920). Since Austria had not finalized its decision to structure itself as a federation prior to the formal promulgation of the Constitution of Austria on 1 October 1920, referring to Seitz as President would have been inaccurate. Austria's first Bundespräsident proper thus was Michael Hainisch, Karl Seitz' immediate successor. In a related note, many popular sources quote some more or less random date between October 1918 and March 1919 as the beginning of Seitz' tenure. While most of them are merely misleading, others are plainly wrong: even though Seitz was appointed President of the Provisional National Assembly in October 1918, it would have been impossible for him to be President of Austria as of that month, the republic not even having been proclaimed by then.

The constitution originally defined Austria to be a parliamentary republic. Originally, the constitution was radically parliamentarian in character. The bicameral parliament, called the Federal Assembly, not only possessed legislative power, but also a good deal of executive power as well. The cabinet was appointed by the National Council rather than the president, who in turn was elected by the both houses of the Federal Assembly rather than the people. The President's term of office was four rather than six years. The president was answerable to the Federal Assembly and, in particular, had no authority to dissolve the National Council. Not even having much actual influence on the appointment of Constitutional Court justices, the President was confined to a nearly exclusively ceremonial role.

The role and nature of the President was the result of a compromise reached during the drafting of the constitution. The Social Democrats would have preferred that the president of the National Council serve as ex officio head of state, while the Christian Socials wanted a president with executive powers similar to those of the President of Germany. In the end, the framers enacted a compromise—while a separate presidency was created in accordance with the wishes of the Christian Socials, his role was almost entirely ceremonial to appease the Social Democrats. It was under this constitutional framework that Michael Hainisch and Wilhelm Miklas assumed office on 9 December 1920 and 10 December 1928, respectively.

The parliamentary system prescribed by the constitution was highly unpopular, however, with the authoritarian Heimwehr movement evolving during the 1920s. The Heimwehr was in favor of a system granting more powers to the president. On 7 December 1929, under growing pressure from the Heimwehr, the constitution was amended to give the president the sweeping executive and legislative authority he formally still has. It also called for the office to be filled by popular vote for a term of six years. The first election was scheduled for 1934. However, owing to the growing worldwide financial crisis, all parties agreed to suspend the election in favour of having Miklas reelected by parliament.

Only three years later, however, the Fatherland Front—an alliance of the Heimwehr and the Christian Social Party—tore down Austrian parliamentarism altogether, formally annulling the constitution on 1 May 1934. Though Austria now was a dictatorship in all but name, power was concentrated in the hands of the Chancellor, not those of the president. Wilhelm Miklas was stripped of the powers he'd gained in 1929, but agreed to act as a figurehead of institutional continuity anyway. He was not entirely powerless, however—during the Anschluss crisis, he provided some of the stiffest resistance to the Nazi demands.[how?] He technically remained in office until 13 March 1938, the day Austria was annexed by Nazi Germany and thus lost sovereignty.

When Austria re-established itself as an independent nation on 27 April 1945, the party leaders forming the provisional government decided not to frame a new constitution, reverting instead to that of 1920, as amended in 1929. Even though this revision 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, and the party chairs were afraid that lengthy discussion might provoke the Red Army then in control of Vienna to barge in. The constitution thus reenacted effective 1 May therefore still included the provision calling for a president elected by popular vote. Following the November 1945 National Council elections, however, the National Assembly temporarily suspended this provision and installed Karl Renner as the President of Austria as of 20 December. The suspension in question seems to have been motivated mainly by lack of cash: no attempt was ever made to prolong it, and the benign septuagenarian Renner had been the universally respected provisional 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.


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 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 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[11] (Amendment of the law on the right to vote 2011) due to an initiative by Ulrich Habsburg-Lothringen.

The President is elected under the two-round system. This means that if no candidate receives an absolute majority (i.e. more than 50%) of 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 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 occupation.

Oath of office[edit]

Article 62 of the Austrian Constitution provides that the President must take the following oath or affirmation of office in the presence of the Federal Assembly (although the addition of a religious asseveration is admissible):

I solemnly promise that I shall faithfully observe the Constitution and all the laws of the Republic and shall fulfill my duty to the best of my knowledge and belief.

Latest elections[edit]

e • d Summary of the 2016 Austrian presidential election results
Candidates (party membership) First round Second round (annulled) Second round (re-run)
Votes % Votes % Votes %
Norbert Hofer (Freedom Party of Austria) 1,499,971 35.1 2,220,654 49.7 2,124,661 46.2
Alexander Van der Bellen (The Greens) 913,218 21.3 2,251,517 50.3 2,472,892 53.8
Irmgard Griss (independent) 810,641 18.9
Rudolf Hundstorfer (Social Democratic Party of Austria) 482,790 11.3
Andreas Khol (Austrian People's Party) 475,767 11.1
Richard Lugner (independent) 96,783 2.3
Valid votes 4,279,170 97.9 4,472,171 96.4 4,597,553 96.8
Invalid votes 92,655 2.1 164,875 3.6 151,851 3.2
Total votes 4,371,825 68.5 4,637,046 72.7 4,749,404 74.2
Eligible voters 6,382,507 6,382,507 6,399,572
Source: Bundesministerium für Inneres

Legality of acts[edit]


Acts of the President are referred to as resolutions. Most of them require countersignature. While so-called appointment certificates are issued when appointing a new government, the dismissal of the government does not require a written form, but merely has to be brought to the attention of the persons concerned. The government can therefore also be dismissed against its will.

Advice and countersignature[edit]

Although the Constitution vests the President with great power, his acts are bound to proposals and countersignatures, if the Constitution doesn't say otherwise.[12] This means that the President can only become active on advice of the Government (or a Minister). In addition, most acts of the President are only valid if they are countersigned by the Chancellor or by the Minister responsible. This considerably restricts the possibilities of the President to act on his own.

This however, also means that the President does not have to accept a proposal from the government either. He could even replace the Chancellor, to receive proposals such at will, and dissolve the National Council before it can initiate a vote of no confidence against the new Chancellor. So ​​far—although this would not be unconstitutional— this has never been done for real-political reasons.

The following acts of the President do not require a proposal:

  • The appointment of the Chancellor
  • The dismissal of the Chancellor or the entire government
  • The appointment of a provisional government
  • The inauguration of the Chancellor, ministers, state secretaries, governors etc
  • The prevailing doctrine and practice also excludes mere representation tasks from propositions

The following acts of the President require no countersignature:

  • The dismissal of the government
  • the dismissal of an individual minister (required a proposal of the Chancellor instead)
  • The convocation of an extraordinary meeting of the National Council
  • Directives within the execution of findings of the Constitutional Court

Powers and duties[edit]

The Leopoldine Wing of Hofburg Imperial Palace in Vienna, home to the offices of the Federal President

Although granted powers comparable to that of the chief executive of a semi-presidential system, Austria actually operates under a parliamentary system of government, and the President is mainly a figurehead.

Officially, the President has free rein in appointing the Chancellor, federal cabinet ministers, Supreme Court justices, military officers, and most major bureaucrats. The President even has the authority to dissolve the National Council (the more powerful lower house of the Austrian parliament) at will. However, in practice, the President takes a mostly ceremonial role similar to that of a British monarch. By convention, Presidents are expected to be nonpartisan and to serve as symbols of national identity, and not to intervene in actual politics.

Chief appointments officer[edit]

The president appoints and swears in the Federal Chancellor and, upon the advice of the chancellor, the federal ministers. In theory, the President can name as chancellor, and by extension a federal minister, anyone who is eligible to serve in the National Council. However, it is impossible for a President to appoint a government entirely of his own choice or keep it in office against the will of parliament. The National Council can remove an individual minister or the entire Cabinet from office through a motion of no confidence. Also, a cabinet without enough support in the National Council could easily end up paralyzed. In practice, therefore, the Chancellor and the cabinet are responsible to the National Council. The Chancellor is usually the leader of the senior partner in the governing coalition, and cabinet composition reflects National Council election results rather than presidential election results.

The President also appoints and swears in judges, military officers, and federal civil servants. Responsibility for the less relevant of these appointments is largely conferred upon the federal ministers, but vacancies in top-level positions such as those of Constitutional Court justices are in fact filled by the president in person. Finally, the governors of Austria's federal states are sworn in by the President.


The President signs bills into law, and some Presidents have vetoed bills. A bill can be vetoed on the grounds that its genesis is in violation of the basic law. Adjudicating upon the constitutionality of the bill itself is the exclusive prerogative of the Constitutional Court.


Newsletter Interessante Blatt reporting about the constitutional amendment

The President is the commander-in-chief of the Austrian Armed Forces (Oberbefehlshaber über das Bundesheer)[13], according to Art 80 § 1 of the Federal Constitutional Law. Although the role’s detailed powers remain unclear, it cannot solely be seen as ceremonial and symbolic, but rather as a very powerful reserve right. In theory, a command of the President is supreme and outranks the ones of every other military authority (inducing the Defense Minister)[14]. A presidential military command is sovereign and thus not bound to a proposal or countersignature[15].

No President has ever made use of this power. Day-to-day military affairs are overseen and managed by the Minister of Defense, who is simply denoted as the ‘commander’ (Befehlshaber) of the armed forces and is seen as its de facto highest authority[16][17]. Making key decisions on the use of the armed forces is usually subject to the Government.

As commander-in-chief the President succeeds the Emperor in his capacity as supreme commander of the Austro-Hungarian Military. After the fall of the monarchy in 1918 the principal committee of the National Council functioned as ultimate organ of the back-then newly established Bundesheer. In 1929, the Christian Social Party transferred supreme command over the armed forces from the principal committee to the President via constitutional amendment, in order to advance authoritarianism in Austria, which subsequently triggered the Austrian Federal State.

The President can definitely issue exceptional recruitment measures and possesses an extensive right to be informed. When executing decisions of the Constitutional Court the President can control the armed forces without restrictions.

Rule by decree[edit]

According to Art 18 § 3 of the B-VG, the President is plenipotentiary authorized to rule by emergency decree in times of crisis. The constitution states: "to defend obvious, irreparable damages to the general public, at a time where the National Council is not assembled and cannot be assembled in time, at the request of the Government, and with consent of the standing subcommittee of the principal committee of the National Council, the President is entitled to adopt provisional regulations amending the law". Such emergency decrees do not change constitutional law and other important provisions. As soon as the National Council is able to convene again, active emergency decrees are to be confirmed by the latter in law, and if the National Council declares these invalid, they are to be repealed immediately. The power to pass emergency decrees has never been used yet.

Judicial executor[edit]

146 B-VG § 2, entrusts the President with the execution of findings of the Constitutional Court in cases which are not subject to ordinary courts. The request for execution is lodged by the Constitutional Court itself. The constitution provides the head of state with extensive enforcement rights. Execution jurisdiction can encompass state and federal authorities as well as a state or the republic in its entirety. Thereby the President can issue direct orders to all federal and state authorities, including the armed forces and the police. If a federal organ or the republic as a whole are affected, the President's resolutions do not require to be countersigned.

Representing the Republic[edit]

The President represents the Austria Republic and concludes international treaties, of which some require the approval of the National Council. When Austria joined the EU, there was a disagreement between President Thomas Klestil and Chancellor Franz Vranitzky, who may represent Austria in the European Council. Materially, the legal view of the Chancellor has prevailed, the President however, was of the opinion that he had only delegated this right to the Chancellor.

Other duties[edit]

Austrian President Heinz Fischer meets Iranian President Hassan Rouhani, 8 September 2015
  • The President represents Austria in international relations. Actual foreign policy being cabinet matter, however, this responsibility is exclusively ceremonial. Mainly, the president accredits foreign ambassadors and symbolically acts as the host for state visits to Austria.
  • The President has the authority to dissolve the National Council (on advice of the Federal Government), or, in this case pending approval of the Federal Council, a state parliament, but exercising this power without good reason would be an unprecedented breach of constitutional convention. The President does need to give a reason, and may only use that reason once during his term of office.
  • The President can, and frequently does, pardon criminals (this is also still a strong power and not a ceremonial responsibility like in parliamentary systems).
  • The President confers the honours and decorations of the Austrian national honours system. From the day of being elected, he is entitled to wear the Grand Star of the Decoration for Services to the Republic of Austria for life.
  • The President has the right to legitimise children born out of wedlock, upon request by the parents. Since Austrian law, for (almost) all intents and purposes, no longer differentiates between legitimate and illegitimate children, this is no longer of any practical importance.

Immunity, removal and representation[edit]


The President is fully immun from judicial and other types of official prosecution during his incumbency. The President may only be prosecuted with the explicit assent of the Federal Assembly. If an authority intends to prosecute the President, it must address a "request for extradition" at the National Council. If the National Council consents a prosecution, the Chancellor shall immediately convene the Federal Assembly, which will then decide over the extradition.[18]

Indictment at the Constitutional Court[edit]

The President can be sued at the Constitutional Court for "violating the Constitution"[19]. This process requires a resolution by either the National Council or the Federal Council; upon such a decision, the Chancellor shall convene the Federal Assembly, which will thereupon decide over the indictment. The vote of the Federal Assembly shall take place in the presence of at least half of the members of the National Council and Federal Council; a two-thirds majority is required.[20]


The President can only be removed from office by the people through a referendum[21]. This requires an application of the National Council to convene the Federal Assembly – such a resolution is formed with the same quorums as when changing constitutional law, wich means it requires the presence of at least half of the deputies and a two-thirds majority. If the National Council has concluded such a resolution, the Chancellor shall convene the Federal Assembly, which then decides over the request (that is the question of holding a referendum). Already from the National Council's request to convene the Federal Assembly on, the President is "prevented from exercising his office" and is represented by the three Presidents of the National Council[22]. If the people reject the President to be deposed, the referendum is treated as new election and causes the immediate dissolution of the National Council; even in such a case, the President's term of office may no exceed twelve years in total.


The Constitution of Austria makes no provision for an office of Vice President. Should the president fall ill, or for some other reason be temporarily incapacitated, presidential powers and responsibilities devolve upon the Chancellor. Should the President die, be impeached, be removed from office as a result of impeachment or recall, or for some other reason to be unable to fulfill the duties of office for a period of more than twenty days, presidential powers and responsibilities devolve upon the Presidium of the National Council (consisting of the three Presidents of the National Council).


The Constitution does not state any rules on resignation, which is why it is debatable whether a resignation is de jure possible[23].

List of presidents[edit]

Portrait Name Lifespan Took office Left office Political party
First Republic (1918–1938)
1 Karl Seitz cropped.JPG Karl Seitz 4 September 1869 – 3 February 1950 5 March 1919 9 December 1920 SDAPÖ
2 Michael Hainisch.jpg Michael Hainisch 15 August 1858 – 26 February 1940 9 December 1920 10 December 1928 independent
3 WilhelmMiklas37840v.jpg Wilhelm Miklas 15 October 1872 – 20 March 1956 5 March 1919 9 December 1920 CS
Second Republic (since 1945)
1 Karl Renner 1905.jpg Karl Renner 14 December 1870 – 31 December 1950 20 December 1945 31 December 1950 SPÖ
2 Theodor Körner.jpg Theodor Körner 23 April 1873 – 4 January 1957 21 June 1951 4 January 1957 SPÖ
3 Adolf Schärf 1961.jpg Adolf Schärf 20 April 1890 – 28 February 1965 22 May 1957 28 February 1965 SPÖ
4 Franz Jonas 1965.jpg Franz Jonas 4 October 1899 – 24 April 1974 9 June 1965 24 April 1974 SPÖ
5 Rudolf Kirchschläger.jpg Rudolf Kirchschläger 20 March 1915 – 30 March 2000 8 July 1974 8 July 1986 independent
(SPÖ nominated)
6 Kurt Waldheim 1971b.jpg Kurt Waldheim 21 December 1918 – 14 June 2007 8 July 1986 8 July 1992 independent
(ÖVP nominated)
7 Thomas Klestil.jpg Thomas Klestil 4 November 1932 – 6 July 2004 8 July 1992 6 July 2004 ÖVP
8 Heinz Fischer - Buchmesse Wien 2018.JPG Heinz Fischer born 9 October 1938 8 July 2004 8 July 2016 SPÖ
9 Alexander Van der Bellen 2016 (cropped).jpg Alexander Van der Bellen born 18 January 1944 26 January 2017 Present independent
(Green supported)

See also[edit]


  1. ^ "Kundmachung des Anpassungsfaktors" (PDF) (in German). Website des Rechnungshofes. 14 December 2011. Archived from the original (PDF) on 13 April 2012.
  2. ^ Maurice Duverger, 1980: A New Political System Model: Semi-Presidential Government. European Journal of Political Research 8(2), 165-187. (168: "Figurehead presidency;" 184: "In Austria, Ireland and Iceland, figurehead presidents play a far smaller role than that allowed by their constitutional prerogatives.")
  3. ^ Ceren Senkul, 2017-10-15: Austria's snap election: Everything you need to know. Sky News
  4. ^ Sean Sheehan, 2003: Austria, 2nd edition. Marshall Cavendish. (28: "In reality, the president is more of a figurehead and usually follows the suggestions of the chancellor in making important decisions.")
  5. ^ Sputnik News Staff, 2017-01-16: Alexander Van der Bellen Sworn in as President of Austria. Sputnik News.
  6. ^ Owen Jones, 2016-05-24: The far right's narrow defeat in Austria should be a wake-up call for Europe. The Guardian.
  7. ^ The Local Staff, 2016-04-26: What is the role of the President in Austria? The Local. ("The President is an authority in reserve. It can in some way be compared to the Queen in Great Britain. The Austrian President probably has more of a busy daily schedule that the Queen but lots of the political power is symbolic power.")
  8. ^ Marcelo Jenny, 2016: Austria's presidential election. London School of Economics. ("The Austrian president [...] is often been described as a figurehead and “state notary” who signs bills passed by parliament into law.")
  9. ^ Reuters, 2017-09-12: Austrian president to insist on pro-EU government after election. Business Insiders. ("he is mainly a figurehead")
  10. ^ "Emperor Karl I's Abdication Proclamation, 11 November 1918". Retrieved 6 February 2014.
  11. ^ Wahlrechtsänderungsgesetz 2011 (in German)
  12. ^ "Art. 67 B-VG". (in German). Retrieved 2018-11-20.
  13. ^ "Der Bundespräsident, seine Aufgaben und Rechte". (in German). Retrieved 2018-11-11.
  14. ^ "Ein Heer von Befehlshabern". (in German). Retrieved 2018-11-11.
  15. ^ "Ein Heer von Befehlshabern". (in German). Retrieved 2018-11-11.
  16. ^ "Tasks of the Austrian Armed Forces". Retrieved 2018-11-11.
  17. ^ "Wehrgesetz 2001 - WG 2001". (in German). Retrieved 2018-05-26.
  18. ^ "Art. 63 B-VG". (in German). Retrieved 2018-11-18.
  19. ^ "Art. 142 B-VG". (in German). Retrieved 2018-11-18.
  20. ^ "Art. 68 B-VG". (in German). Retrieved 2018-11-18.
  21. ^ "Art. 60 B-VG". (in German). Retrieved 2018-11-18.
  22. ^ "Art. 60 B-VG". (in German). Retrieved 2018-11-18.
  23. ^ "Wie wird man eigentlich Bundespräsident?". (in German). Retrieved 2018-11-20.

External links[edit]