Can a president dismiss government and parliament? Constitutional lawyer Peter Bußjäger explains why this is theoretically possible, but not in the spirit of the constitution.
Three Hofburg candidates – one program: If Walter Rosenkranz (FPÖ), Tassilo Wallentin or Gerald Grosz win the federal presidential election, each of these candidates as head of state would probably fire the government if they didn’t like it.
Grosz has even signed a notarized deed dismissing the government and vowing to do so. Is that just a populist idea? Or is that in the spirit of the Austrian constitution?
In the end there would be chaos and new elections
Constitutional lawyer Peter Bußjäger has a clear answer: “That is not in the spirit of the constitution. The tools are theoretically available, but should only be used in the event of a crisis.”
Because things are not that simple. If the president dismisses the government, parliament can pass a vote of no confidence in the new government. In the end there would be chaos and new elections. If the Federal President also dissolves parliament – which is only possible on the proposal of the government – new elections will be held. It is uncertain whether the bill will pass in new elections and whether exactly the party that matches the wishes of the Federal President will take office. The question arises: does the game start all over again?
“What the gentlemen are doing here is playing with fire,” warns the penitentiary. It would then be a president who “thumbs up or down” the government. “The constitution provides that the government is in charge of state affairs.”
Source: Krone
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