Notverordnung

Emergency Decree, decree issued by the Federal President without any special statutory basis. Article 18 of the Federal Constitution entitles the Federal President to issue an emergency decree in exceptional cases, e.g. when the Nationalrat cannot convene or when it is obstructed in the execution of its duties by force majeure. The power to issue emergency decrees can be invoked by the Federal President if immediate measures have to be taken to prevent the public from irreparable damage. The emergency decree must not change the constitution or result in a permanent burden on the government´s budget. The emergency decree is issued upon recommendation of the Federal Government in accordance with the standing subcommittee of the Main Committee of the Nationalrat.

The authoritarian regime of 1933-1938 justified its seizure of power by emergency decree by wrongly basing it on the Wartime Economy Enabling Act of 1917 (Maiverfassung 1934, Corporate State). The Emergency Decree power was also laid down in the Constitution of 1867 (sec. 14) and was made use of several times when the Lower House of Parliament was suspended.

Literature: M. Welan, Das österreichische Staatsoberhaupt, 1986.