Constitutional validity of Federal Chancellor tenure rules during caretaker government following Federal Council dissolution

The Constitutional Court declared the contested provision of the Federal Act on the Federal Government (Bundeskanzlergesetz) unconstitutional and annulled it. The dispute concerned a constitutional complaint challenging the statutory interpretation of the tenure and succession rules for the Federal Chancellor, specifically whether the officeholder must resign immediately upon the dissolution of the Federal Council or if the mandate persists until the next ordinary federal election. The Court relied on Article 66 of the Federal Constitutional Law (B-VG) regarding the composition of the Federal Council and Article 67 concerning the election and resignation of the Federal Chancellor, ruling that the interpretation allowing a caretaker chancellor to remain in office post-dissolution contradicted the constitutional principle of immediate election of representatives and the separation of powers.