Powers in Detail
The Federal President’s powers are controlled by the Federal Constitution of the Republic of Austria (B-VG).The text of the Federal Constitution, as well as other relevant legal texts, can be found in the Federal Chancellery’s legal information system at www.ris.bka.gv.at.
Overview
- Represents the Republic internationally (Article 65(1) B-VG)
- Concludes treaties (Article 65(1) B-VG)
- Can direct that treaties be implemented by the issue of ordinances (Article 65(1) last sentence B-VG)
- Receives and accredits envoys, sanctions the appointment of foreign consuls, appoints the consular representatives of the Republic abroad (Article 65(1) B-VG)
- Appoints Federal Ministers and Under-Secretaries of State (Articles 70, 78 B-VG)
- Swears in Federal Ministers and Under-Secretaries of State, draws up the instruments of appointment (Articles 72, 78 B-VG)
- Dismisses and removes from office Federal Ministers and Under-Secretaries of State (Articles 70, 74, 78 B-VG)
- Assigns to specific Federal Ministers the technical direction of particular matters which fall within the Federal Chancellery’s competence (Article 77(3) B-VG)
- Asks a Federal Minister or a senior civil servant to deputise for a Federal Minister who is temporarily prevented from discharging his responsibilities (Article 73 B-VG)
- Appoints a caretaker government or provisional Federal Ministers (Article 71 B-VG)
- Swears in the Governors of Austria’s federal states (Article 101(4) B-VG)
- Removes the seat of the highest federal authorities from Vienna to another location within the federal territory for the duration of extraordinary circumstances (Article 5(2) B-VG)
- Convokes the National Assembly at a location within the federal territory other than Vienna for the duration of extraordinary circumstances (Article 25(2) B-VG)
- Dissolves the National Assembly (Article 29(1) B-VG)
- Dissolves the parliaments of the federal states (Article 100(1) B-VG)
- Is empowered to issue provisional law-amending ordinances (Article 18(3) to 5 B-VG)
- Serves as the Commander-in-Chief of the Austrian Armed Forces (Article 80(1) B-VG)
- Has certain powers of disposal over the Austrian Armed Forces (Article 80(2) B-VG)
- Appoints federal civil servants, including officers and other federal functionaries; confers official titles upon them (Article 65(2a) B-VG)
- Creates and confers professional titles (Article 65(2b) B-VG)
- Grants honorary privileges, extraordinary gratifications, allowances and pensions; has the right to nominate and confirm persons in appointments, also exercises other powers in personnel matters (see Article 65(3) and the laws adopted on the basis of this provision)
- Appoints judges (Article 86(1) B-VG)
- Swears in the President of the Audit Office (Article 122(4) B-VG)
- Appoints the officials of the Audit Office and confers official titles upon them (Article 125(1) B-VG)
- Appoints the members of the Administrative Court (Article 134(2) B-VG)
- Swears in the President and Vice-President of the Administrative Court (§ 2 VwGG [Administrative Court Act])
- Appoints the members of the Constitutional Court (Article 147(2) B-VG)
- Swears in the President and Vice-President of the Constitutional Court (Article 147(2) B-VG)
- Swears in the members of the Ombudsman Board (Article 148(g2) B-VG)
- Appoints the officials of the Ombudsman Board and confers official titles upon them (Article 148(h1) B-VG)
- Convokes the National Assembly (Article 27(2), Article 28(1) and (2), Article 70(3) B-VG)
- Declares sessions of the National Assembly closed (Article 28(3) B-VG)
- Determines the number of members to be sent to the Federal Council by each federalstate (Article 34(3) B-VG)
- Convokes the Federal Assembly (Article 39(1) B-VG)
- Orders referenda to be held concerning enactments of laws (Article 46(3), Articles 43, 44 B-VG)
- Certifies that federal laws have been enacted in accordance with the Constitution (Article 47(1) B-VG)
- Enforces the judgements of the Constitutional Court (Article 146(2) B-VG)
- Has certain rights of pardon (Article 65(2c) B-VG, § 25(3) ÜG [Provisional Law] 1920, §10 HDG [Military Disciplinary Act])
- Has the right to dismiss/quash criminal proceedings in actions that are subject to prosecution given the nature of the office (Article 65(2c) B-VG)
- Has the right to declare illegitimate children legitimate (Article 65(2d) B-VG)
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