1. GENERAL

In the 19th century, the absolutist model of government came under increasing pressure. Liberal and nationalist movements demanded political participation, legal certainty and individual civil liberties. These developments were triggered by the French Revolution of 1789, the ideas of which spread rapidly throughout Europe.

The Austrian Empire was not left unscathed either: the tensions eventually erupted in the revolutions of 1848. A „modern“ state without a constitution or guaranteed fundamental rights proved increasingly impossible to govern in the long term. Although the revolution failed on a political level, its key demands remained and had a lasting impact on subsequent reforms.

Following the defeat at Königgrätz in 1866 and the Compromise with Hungary, Emperor Franz Joseph was forced to reorganise the state. The Compromise established the Austro-Hungarian Monarchy, comprising two equal halves of the empire: (i) the Lands of the Holy Hungarian Crown of St Stephen (Transleithania) and (ii) the kingdoms and lands represented in the Imperial Council (Cisleithania). This marked the creation of the Austro-Hungarian Dual Monarchy. They were essentially united by the Emperor and a common foreign and financial policy.

2. IN DETAIL

On 21 December 1867, the Imperial Council passed six constitutional laws which, taken together, formed the December Constitution. They came into force on 22 December 1867 – Cisleithania was thus given a binding constitutional framework. Specifically:

a. Act amending the Basic Law on Imperial Representation of 26 February 1861: Among other things, this Act regulated the Emperor’s power to issue emergency decrees for the first time. According to this, decrees could only be issued in urgent cases and only when the Imperial Council was not in session – furthermore, all ministers were required to countersign them. This placed legal limits on imperial power.

b. Fundamental Law on the General Rights of Citizens for the Kingdoms and States represented in the Imperial Council: This Fundamental Law guaranteed the general rights of citizens: (i) the protection of property, (ii) freedom of religion and ecclesiastical self-government, (iii) freedom of science and education, and (iv) freedom of association and assembly. These provisions remain in force to this day as constitutional law and form the core of the protection of fundamental rights in Austria.

c. Basic State Law on the Establishment of a Reich Court: The Reich Court ruled, in particular, on appeals concerning violations of political rights, thereby contributing to the protection of fundamental rights.

d. The Basic Law on Judicial Power: Among other things, this enshrined the adversarial process as a central constitutional principle and established a strict separation between the prosecuting authority and the adjudicating power in criminal proceedings. It also enshrined the principles of public and oral proceedings.

e. Fundamental Law on the Exercise of Governmental and Executive Power: This essentially stipulated that the Emperor was inviolable, but that governmental power was to be exercised by ministers who were accountable for the legality of their actions. Another fundamental principle was that the administration may act only in accordance with the law.

f. Act concerning matters common to all the provinces of the Austrian Monarchy and the manner of their administration (Delegation Act): This Act regulated common matters such as foreign policy, war and finance. A joint ministry administered these responsibilities. It was supervised by delegations from the Imperial Council and the Hungarian Diet.

As a result, this marked the first time that a constitutional monarchy created.

3. TO PUT IT INTO A NUTSHELL

The December Constitution of 1867 curtailed the Emperor’s power, granted citizens extensive rights, enshrined fundamental rights, and regulated the administration of justice through the adversarial process and the administration of public affairs in accordance with the principle of legality. Many of these provisions were incorporated into the current Federal Constitutional Law (B-VG). The Basic Law on the General Rights of Citizens remains essentially in force today. It could be said that it was a „Christmas present“ for the citizens of Cisleithania and forms the basis of the current Austrian Constitution.

We’d be happy to help you assert your fundamental rights!

Merry Christmas and a wonderful festive season – and „Earn points with us“!