Strength through Weakness: State Executive Power and Federal Reform in Austria

Abstract

AbstractDue to the absence of a strong constitutional veto player, comparative research uses to classify Austria as country with weak federal structures, occasionally even as a “federation without federalism”. From an institutional perspective, the assessment is definitely correct, in particular with regard to the nearly insignificant status of the second chamber Bundesrat. Apart from constitutional provisions, however, there are informal forces at work in decision‐making processes. Our thesis is that any approach ignoring the fact that the nominal constitution is paralleled by a real one falls short. Instead, we focus on the Conference of State Governors which, though not established by law, is a strong player in Austria's multi‐layered system qualifying the picture of “weak” federalism. The paper gives on overview of origin and function of the conference and its ambivalent role in making up for the shortcomings of the federal structures. Taking recent attempts of reorganizing fiscal equalization between states and federation as an example, the need of reforming the allocation of rights and duties between the different levels and, at the same time, the obstacles blocking the reform is outlined and analyzed.