Democracy under pressure: FPÖ warns of step backwards by new public prosecutor

Democracy under pressure: FPÖ warns of step backwards by new public prosecutor

Österreich - On May 24, 2025, FPÖ judicial spokesman NaBg. Mag. Harald Stefan on the recent discussion about the introduction of a federal prosecutor in Austria. Stefan emphasizes that the existing system should be maintained and that the creation of a new public prosecutor is superfluous. He criticizes the government parties ÖVP, SPÖ and NEOS as well as the attempt to establish a politically occupied pace of instructions, which he sees as a step backwards in democracy. He also sees this as a disempowerment of parliamentary control.

In this context, it is important that Justice Minister Alma Zadić (Greens) has confirmed a three -senate, which could have potential effects on the occupation of the new post. Stefan also makes it clear that the prosecutors are bound by instructions and that the top of the issue should be located by the Minister of Justice. He also criticizes the minister's attitude on topics such as the reduction in penalty to twelve years and demands that even under 14-year-olds should be held for serious crimes.

parliamentary control and reform efforts

Minister of the Constitution Karoline Edtstadler (ÖVP) emphasized the need for parliamentary control of the Attorney General. She described this as "Conditio sine qua non" and "not negotiable". Edtstadler demands that the order, dismissal and ongoing control of the Attorney General should be carried out by the parliament. This includes the right of interpellation and the possibility of setting up committees. She rejects the three -senate solution proposed by an expert group and emphasizes the dangers of a "democratic room" without parliamentary control.

In her statements, Edtstadler also referred to a lecture on the Minister from ÖVP and Greens from March 2021, which addressed parliamentary control and other legal themes. She would also like to take measures to strengthen accusation rights, shorten the duration of the procedure and introduce a reimbursement of costs in the event of free claims. Her position on the name "Bundeswundwält" remains unchanged while she rejects "Attorney General".

tension between judiciary and politics

Minister of Justice Alma Zadić defends the planned reform, which aims to separate independence between the judiciary and politics more clearly. According to Zadić, the control of the Attorney General was discussed in the previous year; The Ministry of Justice is therefore now planning a draft for the reform, within the framework of which discussions with coalition partners and other parliamentary parties are also to be held.

The discussion about the reform and the role of the Attorney General is not new. Historically, the separation of the judiciary and administration in Austria is anchored in Article 94 (1) of the Federal Constitutional Act (B-VG). This separation aims to ensure that decisions about a case may not be made by a court and an administrative authority at the same time. Prosecutors act as part of the ordinary jurisdiction and are subject to the principle of instructions, which continues to make the question of independence and control in the judiciary.

The SPÖ has criticized the ÖVP to block the introduction of an independent federal prosecutor for 20 years. In this area of ​​tension between the political discourses, the FPÖ sets clear demands for maintaining the existing instruction structures to ensure accounting to the parliament.