Term of Office
Assumption of Office and End of TermThe Oath of Office
Under Article 62(1) of the Federal Constitution of the Republic of Austria (BVG), the Federal President takes the following oath before the Federal Assembly upon assuming office:
“I solemnly promise that I shall faithfully observe the Constitution and all the laws of the Republic and shall fulfil my duty to the best of my knowledge and belief.”
The BVG provides this wording for the Federal President only.
The addition of a religious statement is permissible (Art. 62(2) BVG). Authorisation for this was first given in the 1929 constitutional amendment allowing for the addition of a religious statement when taking the oath of office, and was first used on 8 July 1974 by President Kirchschläger. On that occasion, the words “So help me God” were chosen as the religious statement. President Kirchschläger’s example of 1974 and 1980 was followed by Kurt Waldheim (1986) and Thomas Klestil (1992).
President Kirchschläger stressed the simplicity of this oath and emphasised that the transcendental sphere – and thereby the sacred – should be avoided. The idea was to remain within the law, with as few limitations as possible. He noted that the pledge is not only a statement of what is expected of the Federal President, “but what should be the fundamental attitude of all citizens.”
The Inauguration
The President’s solemn inauguration ceremony goes beyond a mere matter of protocol and beyond an expression of the acceptance of the election. Before the inauguration, the President-elect has a right to the office. Having taken the oath, the President acquires the rights and responsibilities tied to the office. In taking the oath, he or she publicly takes office.
Since the Federal President can be held responsible by the Constitutional Court only for a violation of the Constitution, his or her pledge actually exceeds his or her legal accountability.
The Inaugural Address
Traditionally, the State inauguration ceremony is followed by the Federal President’s inaugural address. Unlike the Federal Government's inaugural address, this is not a statement of government policy, since the Federal President does not function as the head of the government and in this sense also does not govern. Rather, the speech is a statement of how the incoming Federal President intends to fulfil the responsibilities and perform the duties of the Presidency.
End of Term
The Federal President’s term ends upon its expiration or upon the death of the President, a judgement of the Constitutional Court which orders his or her removal from office, removal by popular referendum (Art. 60(6) BVG) or conviction for certain actions subject to prosecution. Whether or not a Federal President can resign (relinquish his or her office) is a disputed question among constitutional experts.
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