Legal System of Austria

Austria is located in Europe. It is geographically situated in central europe, north of italy and slovenia. The country achieved independence on no official date of independence: 976 (margravate of austria established); 17 september 1156 (duchy of austria founded); 6 january 1453 (archduchy of austria acknowledged); 11 august 1804 (austrian empire proclaimed); 30 march 1867 (austro-hungarian dual monarchy established); 12 november 1918 (first republic proclaimed); 27 april 1945 (second republic proclaimed). The capital is Vienna.

Government Overview

Government Type: federal parliamentary republic Chief of State: President Alexander VAN DER BELLEN (since 26 January 2017) Head of Government: Chancellor Christian STOCKER (since 3 March 2025) Cabinet: Council of Ministers proposed by the chancellor and appointed by the president Administrative Divisions: 9 states (Bundeslaender, singular - Bundesland); Burgenland, Kaernten (Carinthia), Niederoesterreich (Lower Austria), Oberoesterreich (Upper Austria), Salzburg, Steiermark (Styria), Tirol (Tyrol), Vorarlberg, Wien (Vienna) National Holiday: National Day (commemorates passage of the law on permanent neutrality), 26 October (1955) Suffrage: 16 years of age; universal

Legal System

The legal system of Austria is described as civil law system; Constitutional Court reviews legislative acts International Law: accepts compulsory ICJ jurisdiction; accepts ICCt jurisdiction

Constitutional Framework

The constitution has the following history: several previous; latest adopted 1 October 1920, revised 1929, replaced May 1934, replaced by German Weimar constitution in 1938 following German annexation, reinstated 1 May 1945 Amendment Process: proposed through laws designated “constitutional laws” or through the constitutional process if the amendment is part of another law; approval required by at least a two-thirds majority vote by the National Assembly and the presence of one-half of the members; a referendum is required only if requested by one-third of the National Council or Federal Council membership; passage by referendum requires absolute majority vote

Judicial Branch

Highest Court(s): Supreme Court of Justice or Oberster Gerichtshof (consists of 85 judges organized into 17 senates or panels of 5 judges each); Constitutional Court or Verfassungsgerichtshof (consists of 20 judges including 6 substitutes; Administrative Court or Verwaltungsgerichtshof - 2 judges plus other members depending on the importance of the case) Judge Selection: Supreme Court judges nominated by executive branch departments and appointed by the president; judges serve for life; Constitutional Court judges nominated by several executive branch departments and approved by the president; judges serve for life; Administrative Court judges recommended by executive branch departments and appointed by the president; terms of judges and members determined by the president Subordinate Courts: Courts of Appeal (4); Regional Courts (20); district courts (120); county courts

Legislative Branch

The legislative structure consists of bicameral Lower Chamber: National Council (Nationalrat) (183 (all directly elected) seats) Electoral System (Lower Chamber): proportional representation Upper Chamber: Federal Council (Bundesrat)

Citizenship and Suffrage

Citizenship by Birth: no Citizenship by Descent: at least one parent must be a citizen of Austria Suffrage: 16 years of age; universal

Historical Background

Once the center of power for the large Austro-Hungarian Empire, Austria was reduced to a small republic after its defeat in World War I. Nazi Germany annexed Austria in 1938, and the victorious Allies then occupied the country in 1945. As a result, Austria’s status remained unclear for a decade after World War II, until a State Treaty signed in 1955 ended the occupation, recognized Austria’s independence, and forbade unification with Germany.

This article provides a summary of the legal system and governmental structure of Austria based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.