Part A The House of Representatives
Article 24 [Legislative Power]
The legislative
power of the Federation is exercised
by the House of Representatives jointly with the Senate.
Article 25 [Seat]
(1) The seat of the House of Representatives is Vienna, the
federal capital.
(2) For the duration of extraordinary circumstances, the Federal
President can at the request of the Federal Government convoke
the House of Representatives elsewhere within federal territory.
Article 26 [Election]
(1) The House of Representatives is elected by the nation in
accordance with the principles of proportional representation on
the basis of equal, direct, secret, and personal suffrage
for
men and women who have completed their nineteenth year of life on
a day appointed prior to the election. Voting is compulsory
in
the Federal States where this has been enacted by State law.
Detailed provisions about the electoral procedure and compulsory
voting, if necessary, will be made by federal law. This federal
law shall in particular lay down the reasons held to excuse
non-participation in the election notwithstanding compulsory
voting.
(2) The federal territory will be divided into self-contained
constituencies whose boundaries may not overlap States
boundaries. The number of deputies shall be divided among the
qualified voters of a constituency in proportion to the number of
nationals in the constituencies, i.e., the number of federal
nationals who in accordance with the result of the last census
had their domicile in the constituencies. A division of the
electorate into other electoral bodies is not admissible.
(3) The day of the poll must be a Sunday or other public holiday.
(4) Eligible for election is every qualified voter who has
completed his/her twenty first year of life before the day
appointed prior to the election.
(5) Exclusion from the right to vote and from eligibility can
only ensue from a sentence or order by the courts.
(6) Electoral boards shall be appointed for the implementation
and conduct of elections to the House of Representatives, the
election of the Federal President, and referenda in accordance
with Article 46 as well as for
assistance in the scrutiny of initiatives. Their members, with
voting rights, shall include representatives from the participant
political parties. The main electoral board shall include members
who belong or have belonged to the judiciary. The electoral
regulations shall lay down, notwithstanding members originating
from the professional judiciary, number of members to be
allocated to the participant political parties in accordance with
their strength as ascertained at the last House of
Representatives election.
(7) The electoral register will be drawn up by the Counties as
part of their assigned sphere of competence.
Article 27 [Term]
(1) The legislative period of the House of Representatives lasts
four years, calculated from the day of its first meeting but in
any case until the day on which the new House of Representatives
meets.
(2) The newly elected House of Representatives shall be convened
by the Federal President within thirty days after the election.
The latter shall be so arranged by the Federal Government as to
enable the newly elected House of Representatives to meet on the
day after the expiry of the fourth year of the legislative
period.
Article 28 [Sessions]
(1) The Federal President convokes the House of Representatives
each year for an ordinary session which shall not begin before 15
Sep and not last longer than 15 July the following year.
(2) The Federal President can also convoke the House of
Representatives for extraordinary sessions. If the Federal
Government or at least one third of the members of the House of
Representatives or if the Senate so demands, the Federal
President is bound to convoke the House of Representatives for an
extraordinary session to meet within two weeks of the demand; the
convocation needs no countersignature. A request by members of
the House of Representatives or by the Senate does not require a
recommendation by the Federal Government.
(3) The Federal President declares sessions of the House of
Representatives closed in pursuance of a vote by the House of
Representatives.
(4) Upon the opening of a new House of Representatives session
within the same legislative period work will be continued in
accordance with the stage reached at the close of the last
session. At the end of a session individual committees can be
instructed by the House of Representatives to continue their
work.
(5) During a session the President of the House of
Representatives convokes the individual sittings. If within a
session at least a quarter of the House of Representatives'
members or the Federal Government so demands, the President is
bound to convoke a sitting in such manner that the House of
Representatives meets within five days of the demand.
(6) The federal law on the House of Representatives' Standing
Orders shall lay down special provisions for its convocation in
the event of the elected Presidents being precluded from the
performance of their office or being deprived of their functions.
Article 29 [Dissolution]
(1) The Federal President can dissolve the House of
Representatives, but he may avail himself of this prerogative
only once for the same reason. In such case the new election
shall be so arranged by the Federal Government that the newly
elected House of Representatives can at the latest meet on the
hundredth day after the dissolution.
(2) Before expiry of a legislative period the House of
Representatives can vote its own dissolution by simple law.
(3) After a dissolution pursuant to Paragraph (2) as well as
after expiry of the period for which the House of Representatives
has been elected, the legislative period lasts until the day on
which the newly elected House of Representatives meets.
Article 30 [Organization]
(1) The House of Representatives elects the President, the
Second, and Third Presidents from among its members.
(2) The business of the House of Representatives is conducted in
pursuance of a special federal law. The federal law on the House
of Representatives' Standing Orders can only be passed in the
presence of half the members and by a two thirds majority of the
votes cast.
(3) The Parliamentary Staff, which is subordinate to the
President of the House of Representatives, is competent for the
conduct of Parliamentary auxiliary services and administrative
matters within the scope of the federal legislature. The internal
organization of the Parliamentary Staff for matters of the Senate
shall be settled in agreement with the Chairman of the Senate who
is likewise invested with authority to issue instructions as to
implementation of the functions assigned to the Senate on the
basis of this law.
(4) The nomination of Parliamentary Staff employees and all other
competencies in personnel matters lie with the President of the
House of Representatives.
(5) The President of the House of Representatives can delegate
parliamentary Staff employees to parliamentary parties for help
in the fulfillment of parliamentary duties.
(6) The President of the House of Representatives is the highest
administrative authority in the execution of the administrative
matters for which he is, according to this Article, competent and
he exercises these powers in his own right. He may issue
ordinances inasmuch as these exclusively concern administrative
matters regulated by this Article.
Article 31 [Majority]
Save as otherwise provided in this law or as otherwise laid down
in the federal law on the House of Representatives' Standing
Orders with regard to individual matters, the presence of at
least one third of the members and an absolute majority of the
votes cast is requisite to a vote by the House of
Representatives.
Article 32 [Publicity]
(1) The sessions of the House of Representatives are public.
(2) The public shall be excluded if the chairman or one fifth of
the members present so demand and the House of Representatives
votes this after the withdrawal of the audience.
Article 33 [Publications]
No one shall be called to account for publishing true accounts of
proceedings in the public sessions of the House of
Representatives and its committees.
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