President of Austria

President of Austria,Österreichischer Bundespräsident, literally "Austrian Federal President") is the federal head of state of Austria. Though theoretically entrusted with great power by the constitution, in practice the President acts, for the most part, merely as a ceremonial figurehead. The President of Austria is directly elected by universal adult suffrage once in every six years. His or her offices are located in the Leopoldine Wing of the Hofburg Imperial Palace, in Vienna.
Many former Presidents have gained tremendous popularity while in office, and no incumbent has ever lost a bid for re-election. Since 2004 the office has been occupied by Heinz Fischer.


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. Following the formal refusal of Emperor Karl I to exercise highest state authority (it was not an abdication: "Ich verzichte auf jeden Anteil an den Staatsgeschäften. Gleichzeitig enthebe Ich Meine österreichische Regierung ihres Amtes.") on 11 November, parliament proclaimed the Republic of German Austria on 12 November. 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.


President appoints and swears in the Federal Chancellor and, upon the advice of the Chancellor, the federal ministers. While the President can name as Chancellor, and by extension a federal minister, anyone whom he sees fit, the National Council can divest individual ministers or the cabinet as a whole 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 cabinet's composition reflects National Council election rather than presidential election results, the president customarily assigning the office of chancellor to the National Council majority leader.
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. The president does not have the power to veto bills; his or her signature is a technical formality notarizing that the bill has been introduced and resolved upon in accordance with the procedure stipulated by the constitution. The president does not even have the authority to refuse signing a bill he or she deems unconstitutional as such; a bill may be vetoed only on the grounds that its genesis, not its substance, is in violation of basic law. Adjudicating upon the constitutionality of the bill itself is the exclusive prerogative of the Constitutional Court. The President could, however, order a referendum concerning a bill passed by the legislature.


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 is commander in chief of Austria's armed forces. This, too, is largely nominal, the actual head of command being the minister of defense.
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. (Note that he or she does need to give a reason, and may only use that reason once during his term of office.)
The President is a plenipotentiary authorized to rule by emergency decree in times of crisis.
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 can, and frequently does, pardon criminals.
The President has the right to legitimate 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.


The Austrian constitution provides that the Federal President can be removed from office by a referendum initiated by the Federal Assembly. The Federal Assembly can also impeach the President before the Constitutional Court. However, neither of these courses has ever been taken.
To hold a referendum on the deposition of the President the National Council must first pass a resolution requiring that the Federal Assembly be convened to consider the matter. This resolution must be endorsed by two-thirds of all votes cast in a meeting at which at least one half of the total number of members are present. If the resolution is passed the President is immediately suspended from the exercise of his or her powers and the Federal Assembly is convoked by the Federal Chancellor. A referendum may then be held on the demand of the assembly. If a proposal, in a referendum, to depose the President is rejected then the President is deemed to have been re-elected, the National Council is dissolved and a general election must be held.


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 be hindered from fulfilling his or her role for a period of more than twenty days, presidential powers and responsibilities devolve upon the college of the three presidents of the National Council.