“The Habsburg Crisis”

The Habsburg Law of April 3, 1919 banned members of the Habsburg family from residing in Austria. Only after an explicit renunciation of claims to the throne, after a declared exit from the “House of Habsburg-Lorraine” and after a clear commitment to the Republic, did entry into Austria become possible. Otto Habsburg, the oldest son of Emperor Charles I., made this declaration in early 1961. Still, the Council of Ministers failed to repeal his expulsion so Habsburg appealed to the Constitutional Court, which, on formal grounds, declared that it lacked jurisdiction; Habsburg then turned to the Administrative Court with an inactivity complaint. The court granted the appeal on May 24, 1963. For Justice Minister Christian Broda this judgment was a “judicial coup”. He sought to address the issue in a motion for a resolution together with the FPÖ (Freedom Party) in breach of the coalition agreement with the ÖVP (Austrian People’s Party). Although the National Council later resolved that the federal government and the executive committee of the National Council were responsible for such waivers, this solution could not be applied retroactively. In order not to exacerbate the coalition crisis, the ÖVP and the SPÖ (Social Democratic Party) agreed on a moratorium. It was not until June 1, 1966, under the ÖVP government, that Habsburg received a valid Austrian passport. Ultimately, the crisis revealed the death of the grand coalition. Otto Habsburg’s renunciation served to prominently grandstand the SPÖ and to explore the possibility of a small coalition with the FPÖ.