Debate about the Ombudsman: FPÖ warns of green influence!

Debate about the Ombudsman: FPÖ warns of green influence!

On May 22, 2025, a heated debate took place in the National Council about a motion submitted by the Greens to reform the Ombudsman's office. The FPÖ spokesman for incompatibility, NAbg. Dr. Markus Tschank, expressed sharp criticism of the proposed changes and questioned the need to discuss the appointment method of the Ombudsmen instead of considering the expansion of their competencies. Tschank emphasized that the original idea of ​​the Ombudsman as a “lawyer of public law” according to Hans Kelsen was in danger because the Greens' proposal called for an external selection committee to appoint the Ombudsmen.

Tschank pointed out that this step aims to eliminate the entire Ombudsman's appointment system and saw this as a further attempt by the Greens to undermine the FPÖ's constitutional right to make proposals. He also warned that NGO-affiliated committees should decide who becomes Ombudsman instead of democratically elected representatives, which he said weakens parliament and disregards the will of the people.

Appointment and demands for reform

In the background of this political discussion is the upcoming appointment of Elisabeth Schwetz (FPÖ) as the new Ombudsman. NGOs such as Amnesty International and Diakonie are urgently calling for a reform of the appointment process. They advocate a more transparent process, including a public tender, to ensure that selection and appointment are based on objective and transparent criteria. The consideration of candidates from different social classes as well as different educational and professional backgrounds is considered essential.

These demands are reinforced by international recommendations: In 2021, numerous states recommended that Austria reform the appointment process as part of the Universal Periodic Review (UPR), but to date no structural changes have been implemented. This is seen as insufficient, especially after a report by the Global Alliance for National Human Rights Institutions (GANHRI) in March 2022 sharply criticized the process in terms of transparency and independence.

Demands for more transparency

The civil society organizations are calling on the future government to include the reform of the appointment process in its government program. The reforms called for include, among others:

• Öffentliche Ausschreibung der Position.
• Diversität der Kandidat*innen aus unterschiedlichen gesellschaftlichen Bereichen.
• Konsultation und Beteiligung der Zivilgesellschaft am Auswahlverfahren.
• Transparente und objektive Auswahlkriterien.

The urgency of these reforms is underscored by the international criticism that underpins the need for reform. Representatives of civil society agree that a comprehensive reform of the appointment process can not only strengthen the independence of the Ombudsman, but also ensure public trust in this institution.

Overall, the current debates take place against the background of a profound debate about how the Ombudsman can be staffed in the future and how its independence can be guaranteed. The coming decisions could have far-reaching consequences for the institutional integrity and democratic processes in the country.

For more details on the discussions, please visit OTS, ORF and Amnesty International.