Austria - Constitution - Part B The Senate


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Article 34 [Representation]
(1) Pursuant, to the following provisions, the States are represented in the Senate in proportion to the number of nationals in each of them.
(2) The State with the largest number of citizens delegates twelve members, every other State as many as the ratio in which its nationals stand to those in the first-mentioned State, with remainders which exceed half the coefficient counting as full. However, every State is entitled to a representation of at least three members. A substitute will be appointed for each member.
(3) The number of members to be delegated by each State accordingly will be re-calculated after every general census by the Federal President.

Article 35 [Election]
(1) The members of the Senate and their substitutes are elected by the State Parliaments for the duration of their respective legislative periods in accordance with the principle of proportional representation, but at least one seat must fall to the party having the second largest number of seats in a State Parliament or, should several parties have the same number of seats, the second highest number of votes at the last election to the State Parliament. When the claims of several parties are equal, the issue shall be decided by lot.
(2) The members of the Senate need not belong to the State Parliament which delegates them, but they must be eligible for that State Parliament.
(3) After expiry of the legislative period of a State Parliament or after its dissolution, the members delegated by it to the Senate remain in office until such time as the new State Parliament has held the election to the Senate.
(4) The provisions of Articles 34 and 35 can only be amended, apart from the majority of votes requisite in general to the adoption of a resolution there, if in the Senate the majority of the representatives from at least four States has approved the amendment.

Article 36 [Chairman, Convocation]
(1) The States succeed each other in alphabetical order every six months in the chairmanship of the Senate.
(2) The representative who heads the delegation of the State entitled to the chairmanship acts as Chairman; the appointment of the Deputy Chairmen will be prescribed by the Senate's Standing Orders.
(3) The Senate will be convoked by its Chairman at the seat of the House of Representatives. The Chairman is bound immediately to convoke the Senate if at least one quarter of its members or the Federal Government so demands.

Article 37 [Quorum, Majority, Standing Orders, Publicity]
(1) Save as provided differently by law, the presence of at least one third of the members and an absolute majority of the votes cast is requisite to a resolution by the Senate.
(2) The Senate furnishes itself with Standing Orders by way of resolution. This resolution can only be adopted in the presence of half the members with a two thirds majority of the votes cast.
(3) The meetings of the Senate are public. The public can, pursuant to the provisions of the Standing Orders, be excluded by resolution. The provisions of Article 33 also apply to public meetings of the Senate and its committees.


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