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TIME SPAN BETWEEN ELECTION OR SELECTION OF AN OFFICIAL AND
THE SUBSEQUENT TAKING OF OFFICE IN VARIOUS FOREIGN COUNTRIES

TIME SPAN BETWEEN ELECTION OR SELECTION OF AN OFFICIAL AND THE
SUBSEQUENT TAKING OF OFFICE IN VARIOUS FOREIGN COUNTRIES

AUSTRALIA

A change in government appears to be effected in Australia

very quickly following its election. Thus, after the most recent general election held on March 5, 1983, the defeated Prime Minister resigned the next day and the new Prine Minister was sworn in on March 11, 1983.

There are certain constitutional and statutory time limitations imposed between the dissolution of the House of Representatives and the meeting of a new Parliament after a general election. dissolved the writs for a general election must be issued within ten 1/

When the House is

days,
and the writs must be returned not more than ninety days after
2/
they are issued.

A new Parliament must meet not later than thirty
3/
days after the date appointed for the return of the writs.

The following table shows the sequence of events during the

1/ Commonwealth of Australia Constitution Act, 63 & 64 Vict., ch. 12, as amended, §

2/ Commonwealth Electoral Act, 1918, as amended, § 65.

3/ Commonwealth of Australia Constitution Act, 63 & 64 Vict., ch. 12, as amended, § 5.

4/ Australia.

Parliament, House of Representatives Practice 131 (1981).

AUSTRIA

In Austria, the titular head of state is the President of the

Republic. He is elected every six years by popular vote, and after the

election, he must be affirmed by a joint session of both chambers of the federal legislature without delay. 1/

Despite the institution of the presidency, Austria is in fact a parliamentary democracy, in that the cabinet is formed by the party (or coalition of parties) with a majority in the National Council. 2/ The cabinet is chaired by the Federal Chancellor, and he and the other ministers are formally appointed by the President of the Republic.

Elections for the National Council must take place every four

years, and the Constitution mandates that the new National Council convene within thirty days of the election. 3/ No time limits for the appointment of the new Chancellor and other cabinet members are provided by law. Usually, it takes three to four weeks from the time of the election for the National Council to convene, and the new cabinet is appointed within another

two or four weeks.

Prepared by Dr. Edith Palmer

Senior Legal Specialist

European Law Division

Law Library, Library of Congress

October 1983

1/ Art. 64, para. 4, Bundes-Verfassungsgesetz [B-VG] vom 1. Oktober 1920, Bundesgesetzblatt [official law gazette of Austria] No. 1/1920, as amended.

2/ Representative chamber of the bicameral Austrian legislature.

3/ Art. 27, para. 2, B-VG.

BELGIUM

The king dissolves parliament at the request of the government. The decree dissolving it must set the date for elections within 40 days, and that for the meeting of the newly elected parliament within 60 days from the date of that decree. 1/ As soon as the results of the elections are known, the king begins consultations with the political parties so that he can appoint a new prime minister who would be likely to form a government which could obtain a vote of confidence in the newly elected parliament. During this period the outgoing government is in a state of demission and is concerned only with current business. The interval provided between the elections and the taking of office of the new government is thus a maximum of 20 days. The newly appointed prime minister and his government present themselves in parliament for a vote of confidence as soon as practicable. 2/

Prepared by Dr. George E. Glos

Assistant Chief

European Law Division

Law Library, Library of Congress
October 1983

1/ Constitution of Belgium, Art. 71, J. Servais and E. Mechelynck, comps., 3 Les Codes Belges 15 (Bruxelles, Bruylant, 1982).

2/ Herman Van Impe, Le régime parlementaire en Belgique 127-128 (Bruxelles, Bruylant, 1968).