Austria can be often found in enumerations of federal states in Europe just on the side of Switzerland and Germany but is Austria a real federal state or just a decentralized state?
“Austria is a federal state. The Federal State is composed of the autonomous Länder of Bur-genland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tirol, Vorarlberg and
Vienna. The Federal territory comprises the territories of the Federal Länder.” (Article 2 and 3, Austrian federal constitutional law).
With these articles it can be seen that the Austrian constitution clearly identifies Austria as a federal state but if you take a closer look at this constitution the question will occur if the Federal State of Austria does suffer from a lack of federalism. In the first part of the essay I will explain the development of federalism beginning with the end of the monarchy in 1918. The second part will be an explanation of how federalism is supposed to work in this country and the third part will be dedicated to the efforts of reforming and renew the Austrian system of federalism.
Table of Contents
1. The development of federalism in Austria
2. Efforts to reform and renew the federal system of Austria
3. Conclusion
Objectives and Topics of the Study
The primary objective of this work is to examine whether the Federal Republic of Austria, despite its constitutional status as a federal state, suffers from a functional deficiency in federalism. The essay investigates the historical development, the structural limitations of the current system, and the recurring political efforts to reform Austrian federalism in light of these perceived shortcomings.
- Historical evolution of federalism since the end of the monarchy in 1918.
- Structural weaknesses and the limited power of the second chamber (Bundesrat).
- The lack of financial sovereignty and jurisdiction at the provincial level.
- The role of the informal "Landeshauptleutekonferenz" (Conference of Governors) as a shadow power.
- Reform initiatives and the debate regarding the future of the federal state.
Excerpt from the Book
The development of federalism in Austria
The origins of Austria as a federal state can be already found in the Austro-Hungarian Empire. First of all there was a high level of autonomy for the Hungarian Part of the Empire, which was introduced in 1867, as a concession after some upheavals against the Austrian rulers. From this point on the Habsburg Empire was separated in an Austrian and a Hungarian Part. These two parts were only connected in questions of foreign, military and financial policy. Hungary was even seen as an independent state which had some institutions in come with the rest of the monarchy and the emperor was in personal union Emperor of Austria and King of Hungary. (A. Pelinka and S. Rosenberger 2002 18)
The second origin of Austrian federalism can be recognized in the structure of the Austrian part of the empire. It was composed of the crown-lands. Parts of these crown-lands had developed to the present Austrian “Bundesländer” (H. Schambeck 1997 7). The crown-lands were represented in the imperial assembly (“Reichsrat”) which was made up of two chambers: the House of Lords and the House of Representatives. Before 1873 the lower camber of the “Reichsrat” was nominated by the “Landtage” (parliaments of the crown-lands) and from that point on it was directly elected by men over twenty-four years, who paid a certain amount of taxes.
After the First World War in 1918 the monarchy collapsed and the German-speaking crown lands united to form the Republic of Austria. The two big government-parties (the Social Democratic Labour Party and the Christan Social Party) enacted the Austrian constitution in 1920. This constitution was a compromise between those two parties. The Socialists wanted to have a unitary state without sovereignty of the provinces and without a chamber which represents these provinces. The Conservatives on the other side put themselves out for a federal state with a high autonomy for the provinces and two-chamber system in which the chamber that represents the provinces (Bundesrat) is equal to the national assembly. As a compromise the constitution incorporated a federal state with weak province rights and a “Bundesrat” with minor powers. (A. Pelinka and S. Rosenberger 2002 24)
Summary of Chapters
The development of federalism in Austria: This chapter traces the origins of Austrian federalism from the Austro-Hungarian Empire through the collapse of the monarchy in 1918 to the enactment of the 1920 Constitution as a political compromise.
Efforts to reform and renew the federal system of Austria: This section details the historical attempts to strengthen provincial influence through constitutional amendments and the persistent challenges in achieving a comprehensive structural reform.
Conclusion: The author summarizes the findings, asserting that Austria currently suffers from a lack of true federalism and suggests necessary reforms to empower the provinces and the second chamber.
Keywords
Austria, Federalism, Bundesrat, Constitution, Provinces, Bundesländer, Landeshauptleutekonferenz, Decentralization, Reform, Legislation, Sovereignty, Parliamentary System, Second Republic, Political Compromise, Competencies.
Frequently Asked Questions
What is the central focus of this essay?
The essay explores the validity of Austria's claim to being a federal state by analyzing the historical and structural realities that often suggest a lack of substantive federalism.
What are the main thematic areas covered?
The main themes include historical constitutional evolution, the distribution of legislative power, the limitations of the second parliamentary chamber, and the impact of party politics on federal structures.
What is the primary research question?
The primary question asks whether the Federal Republic of Austria truly functions as a federal state or if it is merely a decentralized state with significant structural deficits.
Which scientific method is applied?
The author utilizes a descriptive-analytical approach, drawing upon legal and historical sources to assess the practical implementation of federal principles against constitutional theory.
What topics are discussed in the main body?
The main body covers the origins of Austrian federalism, the weakness of the Bundesrat, the absence of provincial financial sovereignty, and the role of the Conference of Governors.
Which keywords best describe the work?
Key terms include Austria, Federalism, Bundesrat, Constitution, Provinces, and Financial Sovereignty.
Why is the "Bundesrat" considered weak in the Austrian system?
The Bundesrat is considered weak because it possesses only a temporary veto, is often ignored in legislation, and its delegates lack mandatory instructions from provincial parliaments.
What is the significance of the "Landeshauptleutekonferenz"?
It acts as a "shadow power" that efficiently coordinates between provinces and the federal level despite being an informal body not mentioned in the constitution.
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- Nina Eder-Haslehner (Autor:in), 2009, Does the federal state of Austria suffer from a lack of federalism?, München, GRIN Verlag, https://www.hausarbeiten.de/document/166335
