1. AUSTRIA AS AN INDIRECT PARLIAMENTARY DEMOCRACY

1.1. General

In Part I of the ‘Knowledge Bite’ on the fundamental principle of democracy, we explained that the definition of the fundamental principle of democracy in Article 1 of the Federal Constitutional Law (B-VG) is merely of a programmatic nature. It is only when considering the constitutional provisions as a whole that it becomes clear that Austria is an indirect parliamentary democracy. The following section sets out the key provisions from which this classification is derived.

1.2. Direct election of legislative bodies by the people

Article 24 of the Federal Constitutional Law (B-VG) stipulates that federal legislative power is exercised by the National Council in conjunction with the Federal Council. The National Council is elected by „the people of the Federal Republic on the basis of the equal, direct, personal, free and secret right to vote of men and women who have reached the age of 16 by polling day, in accordance with the principles of proportional representation“ (Article 26(1) of the Federal Constitutional Act) [1].

[1] The members of the Bundesrat and their substitutes are elected by the respective state parliaments for the duration of their legislative term in accordance with the principle of proportional representation; in the Bundesrat, the individual states are represented in proportion to their population.

At the state level, however, the parliaments are constituted differently: „The state parliaments are elected on the basis of the principle of proportional representation, in accordance with the right to vote – which is equal, direct, personal, free and secret – of male and female citizens of the state who are eligible to vote under the state electoral regulations“ (Article 95(1), second sentence, of the Federal Constitutional Act).

1.3. Parliamentary system of government

At federal level, there is therefore a „parliamentary system of government with presidential elements“. This is because the Federal Government – which, pursuant to Article 19(1) of the Federal Constitutional Law (B-VG), is the supreme organ of the federal executive – is not elected but appointed: „The Federal Chancellor and, on his recommendation, the other members of the Federal Government are appointed by the Federal President“. The Federal President is therefore responsible for appointing and dismissing the government. If, on the other hand, Austria had a purely parliamentary system of government, the government would be appointed by Parliament (as was the case until 1929).

Nevertheless, the Federal Government is (also) dependent on the confidence of the National Council and is politically accountable to it (e.g. dismissal following a vote of no confidence;

so-called „vote of no confidence“); there is a legal accountability to the Constitutional Court (impeachment proceedings under Article 142 of the Federal Constitutional Law (B-VG)). The National Council also has various powers of scrutiny (e.g. the National Council’s right of interpellation under Article 52(1) of the Federal Constitutional Act, investigative committees pursuant to Article 53(1), second sentence, of the Federal Constitutional Law (B-VG), and a vote of no confidence against the Federal Government or individual Federal Ministers pursuant to Article 74(1) of the Federal Constitutional Law (B-VG)). Members of the Government, on the other hand, have the right to attend and speak in the National Council, whilst the Federal Government has the right to initiate legislation.

At provincial level, however, a purely parliamentary system of government applies: the provincial government is elected by the provincial assembly in accordance with Article 101(1) of the Federal Constitutional Law (B-VG). It is therefore dependent on the confidence of the provincial assembly and is accountable to it both politically and legally.

1.4. Party democracy

Section 1(1) of the Political Parties Act (Federal Law Gazette I 56/2012, as amended by Federal Law Gazette I 43/2025; „ParteienG“) has been enacted as a constitutional provision. It stipulates the following: „The existence and diversity of political parties are essential components of the democratic order of the Republic of Austria“.

In Austria, new parties – albeit few in number – have emerged time and again over the past few decades and have now become an integral part of Austrian politics. There are currently five political parties represented in the National Council (listed from left to right according to the seating plan in the National Council: SPÖ, GRÜNE, NEOS, ÖVP and FPÖ). Further details on political parties, parties standing for election and parliamentary groups (at the National Council or state parliament) will follow in a separate ‘Knowledge Bite’.

1.5. The will of the people as the basis for government action

In a democracy, the people are at the heart of all government action. Members of the legislative bodies are elected directly by the people and are entrusted with the task of passing laws within the scope of their free mandate[2].

[2] Members of Parliament have a free mandate. This means that Members of Parliament exercise the mandate they have acquired through election independently and without being legally bound by any instructions or directives. Constitutionally, this is enshrined in Article 56(1) of the Federal Constitutional Act („… not bound by any mandate“). The principle of the free mandate is also found in the relevant provincial constitutions (e.g. Article 22(1) of the Carinthian Provincial Constitution; LGBl 85/1996 as amended by LGBl 1/2026). Key elements include freedom from instructions (deciding according to one’s own convictions), comprehensive representation (representing the entire population, not just one’s own constituency) and protection against the revocation of one’s mandate, for example in the event of failure to comply with party political directives.

These laws form the binding basis for all state action: in accordance with Article 18(1) of the Federal Constitutional Law (B-VG), both the administration and the judiciary may act exclusively on the basis of laws; in this context, the law is not a constraint, but the basis of all state action. Thus, every state decision can ultimately be traced back to one can be traced back to the source – the will of the people. Thus, by – according to Hans Kelsen – Democracies: the peace-making fiction that those subject to the law lay down the law themselves.

2. TO PUT IT IN A NUTSHELL

Austria is organised as an indirect parliamentary democracy. This stems from various constitutional provisions which, taken together, shape the democratic structure of the political system. Key features of an indirect parliamentary democracy include, in particular, the direct election of the legislative bodies by the people, the parliamentary system of government, the significant role of political parties within the framework of party democracy, and the principle that the will of the people forms the basis of state action. These elements illustrate that the formation of state policy in Austria is democratically legitimised and is carried out primarily by elected representatives.

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