ÖVP is considering ministerial charges against Gewessler – what’s behind it?

ÖVP is considering ministerial charges against Gewessler – what’s behind it?

In current political events in Austria, the former climate protection minister Leonore Gewessler (Greens) is coming into focus because the Freedom Party of Austria (FPÖ) has requested a ministerial indictment against her. Loud vienna.at, the ÖVP is considering joining this charge. ÖVP constitutional spokesman Wolfgang Gerstl emphasized that a more than 50 percent probability of success of the lawsuit before the Constitutional Court is required, otherwise support will be refused in order not to make Gewessler a “martyr”.

The resentment towards Gewessler had its origins in her approval of the EU renaturation regulation and her stopping of several controversial road construction projects, including the Lobau Tunnel. This led to massive accusations from the FPÖ, which accused Gewessler of violating applicable law for ideological reasons, since the canceled projects were part of the Federal Highway Act. A decision on the ministerial impeachment also requires a majority in the National Council, which could come about through the votes of the FPÖ and ÖVP.

The accusation and the background

The FPÖ argues that Gewessler violated applicable law by defying parliament. The ÖVP has now left the black-green coalition and is open to a ministerial impeachment. A motion has already been discussed in the Constitutional Committee of the National Council, but the vote has been postponed kleinezeitung.at reported.

Wolfgang Gerstl from the ÖVP suggests holding an “expert hearing” to examine the appropriateness of an indictment. The Greens, in turn, have rejected the allegations, with Gewessler emphasizing that the projects needed a new review to avoid negative impacts and comply with current environmental standards.

Legal framework

A ministerial impeachment can be initiated up to one year after leaving the ministerial office, with the aim of the impeachment being the loss of the ministerial office. In particularly serious cases, more extensive sanctions are also possible, as the Constitutional Court (VfGH) stipulates. The Constitutional Court has the task of reviewing laws and making decisions that influence the application and understanding of legal provisions, such as parliament.gv.at can be read.

In addition, the controversial planned messenger surveillance is currently being discussed in the Constitutional Committee, which is encountering resistance between the coalition partners. The question here is whether the surveillance draft is constitutional, which is seen as problematic by some MPs.

Leonore Gewessler plans to be elected as the new party leader at the Green Federal Congress in June, which promises additional political explosiveness in view of current developments.