Democracy in Austria

Austria is a parliamentary democracy. This means that everyone should have the opportunity to express their views in a spirit of mutual respect and to represent their interests. In Parliament, this is achieved through the various political parties and individual Members of Parliament. To this end, there are rules governing the legislative process and parliamentary scrutiny, as well as various ways for the public to participate in parliamentary proceedings.

If decisions were made solely by the majority, there would be a risk that democracy would be reduced to a matter of voting. In that case, it would be primarily those who know how to secure a majority who would have their interests upheld.

These two sentences are among the best-known provisions of the Federal Constitution. Brief and clear as they are, they are often quoted in newspaper articles, commentaries, or speeches by politicians.

At the same time, many people feel that this provision of the Federal Constitution is not given enough attention: the Federal Government or the Provincial Governments, political parties, the business community, or the EU and international obligations seem to dictate which laws are passed and which measures are enacted. Many wonder whether this is how a democracy works and whether their opinion – or the "will of the people" – still counts for anything.

Why don’t citizens make the important decisions directly – alongside Parliament or in its place?

When they hear the phrase "laws emanate from the people", many people initially associate it with two ideas: the majority should decide, and "the people" – that is, specifically not "the politicians" – should be consulted.

How democracy should be structured was already being discussed in 1919–20, when a constitution was being drafted for the new Republic of Austria. The legal scholar Hans Kelsen provided an answer to this question that remains of great significance to this day. He played a key role in the drafting of the Federal Constitution and is regarded as its architect.

Hans Kelsen’s answer consists of three parts:

• Firstly, it concerns "its law". This is not an immutable, eternally unchanging law. It is the legal order that can be created and subsequently amended through democratic processes.
• This leads to the second part of the answer: clear rules are needed for the creation and amendment of a legal system. Everyone must be able to understand what has been decided and what applies. It must also be clear who is responsible for a decision. For this, says Hans Kelsen, parliaments are best suited. It is always clear how they are constituted, how they reach decisions, how these can be reviewed, and how those who have made decisions can be held to account in recurring elections.
• This leads to the third part of his answer: when Article 1 of the Federal Constitution Actstates "emanates from the people", this means that all law must be derived from democratically-elected parliaments (i.e. another procedure). It is not meant to imply that every decision must be put to the people.

Parliamentary democracy is intended to enable all people to express their opinions and represent their interests in a spirit of mutual respect. In the Parliament, this is achieved through the various political parties, the rules governing legislation, and parliamentary scrutiny.

There are also a number of ways for citizens to participate directly. Crucially, politicians in Parliament must answer questions and listen to others. A newspaper or television interview may be declined, and appointments at political offices may be cancelled. In Parliament, however, attendance is compulsory.

The principle that "laws emanate from the people" has two key implications in Austria:

All state institutions and public officials must be accountable to the citizens for every decision and action they take. They must disclose the key reasons behind their decisions and stand for election regularly. They cannot, therefore, act without the citizens or without being accountable to them.
Consequently, the political freedom of all citizens must be realised and safeguarded. Everyone must have the opportunity to express their own opinion and to become politically active themselves.
However, this can work only if there are clear rules and orderly procedures and if everyone is prepared to acknowledge, respect, and treat one another fairly. The National Council and the Federal Council have a central role to play in this regard; under the Austrian Federal Constitution, they are intended to be at the heart of the state and politics.