Budget deliberations in the National Council: Justice between savings and reforms!

Budget deliberations in the National Council: Justice between savings and reforms!

On June 17, 2025, the detailed discussions on the Justice budget chapter in the National Council ended shortly before one in the morning. Justice Minister Anna Sporrer emphasized the need for a balancing act when preparing the budget. In the budgets for 2025 and 2026, 2.4 billion euros are earmarked for 2025 and 2.41 billion euros for 2026. This represents an increase of 82 million euros from 2024 to 2025 and of 10 million euros from 2025 to 2026. Despite increasing demands, this budget does not provide for additional positions for judicial staff and there are currently no plans for cuts in staff numbers.

However, as part of the 2025 budget consolidation, reductions of 45 million euros are required, particularly in the areas of infrastructure and IT projects. The measures in the budget accompanying law include, among other things, the shortening of court practice and extensions of deadlines in adult protection law.

Fee development and criticism

The expected increases in court and land registry fees are significant. Deposits of 1.36 billion euros are expected for 2025 and 1.45 billion euros for 2026. This means an increase of 83 million euros from 2024 to 2025 and of 89 million euros from 2025 to 2026. The FPÖ expressed strong criticism of the increase in court fees and called for a reduction in order to improve access to justice. Concerns have also been raised about the high cost of medical care for incarcerated people.

However, the Greens see this as positive and praised the avoidance of massive cuts in the justice budget. At the same time, they are calling for the judiciary to be strengthened through fee increases and for the European Court of Human Rights to avoid influence. The ÖVP reiterated the need for stable positions in the justice sector and is calling for comprehensive reforms. In contrast, the SPÖ criticized the situation while emphasizing that the budget strengthens the rule of law and focuses on de-bureaucratization and protection against violence. The NEOS expressed critical comments on the administration of justice and called for improvements, although the pressure to save money was noticeable.

Legal costs and legal support

Litigation costs in civil and commercial matters are based on domestic law and vary greatly between EU member states, as there is no harmonization of costs at European level. Those interested can view information on procedural costs in the Member States as well as case studies commissioned by the European Commission. It is possible to apply for legal aid if financial resources are not sufficient. The intended legal action must also have a chance of success, otherwise help will not be granted.

Legal aid is granted in Germany for various legal proceedings, but not for everything; Defendants in criminal trials are excluded from this regulation. Applications for legal aid must be submitted to the relevant court and income levels must be supported by relevant evidence. The regulations stipulate that the costs can be reimbursed if the party in need of assistance prevails.

The connection between costs and access to justice is essential, particularly in cross-border litigation. Higher fees could restrict access to justice and thus endanger equal opportunities for citizens. A possible EU action to introduce minimum standards in the area of ​​cost transparency could counteract such a problem.