Austria's judicial reform: Dreieren body instead of ministers! A historical step!

Austria's judicial reform: Dreieren body instead of ministers! A historical step!

Austria's judiciary faces a fundamental reform process that is connected to the creation of a new public prosecutor. This institution will take over the top issue of instructions in criminal proceedings in the future, a role that was previously located in the area of responsibility of the Ministry of Justice. Justice Minister Anna Sporrer (SPÖ) has announced that she will probably be the last minister who can issue instructions in such cases. The aim of this reform is a clear separation between political decision -makers and law enforcement in order to further strengthen the independence of the judiciary. The fundamental decision for this was taken in the Council of Ministers before the parliamentary summer break, but the legal design is still pending. There are also concerns about the parliamentary control of the new organ, which is currently unclear. Current investigation should not be influenced by control measures, which is intended to guarantee the integrity of the judiciary. According to Kosmo, the Austrian model differs from other European countries in which typically individuals take on the function of the Attorney General.

The reform provides for a collegial management model that consists of three equal members who are ordered for six years each. The chair of the committee should rotate every two years. The occupation is made by a multi -stage procedure: A Commission in the Ministry of Justice creates a proposal, the National Council elections the members and the formal appointment is made by the Federal President. This innovation is considered a milestone by Justice experts and is intended to increase the independence of law enforcement. However, critics express concerns that exuberant reporting obligations and ongoing control by the parliament, which is intended in government agencies, could take the idea of a collegial organ. Prosecutor President Elena Haslinger has described the transparency in voting behavior as problematic. According to SN, the issue of instructions has so far been considered critical by the Minister of Justice, which has attracted great criticism both in Austria and internationally.

the European perspective

The Austrian model of the federal prosecutor's office is clearly different from other European countries. In many countries, the prosecutors have a clear role as individuals who are directly responsible for law enforcement. In Austria, on the other hand, the collegial structure sought greater independence, but also a certain complexity in decision -making. The European Commission has already rated the upcoming reforms positively, but warns of inadequate parliamentary control compared to other member countries.

in international comparison, especially in the USA, there are other interesting differences. The public prosecutors in the United States are decentralized and part of the Ministry of Justice. Here the persecution is carried out by the Federal District Prosecutor's Office in the individual states, while the U.S. Attorney General has the top line. U.S. Attorneys are appointed by the President and work under the supervision of the Attorney General, who is confirmed by the Senate himself. In the past, this system has also led to discussions about the independence of law enforcement, since the double role of the Attorney General as Minister of Justice and his possibility of dismissal by the President raise questions of loyalty. The comparison shows that, despite different structures, there are similar challenges in the area of judicial reforms everywhere, and the implementation of a new institution should be supported by clear regulations and transparency. Further information on the topic can be read in the report of the [parliament] (https://www.parlament.gv.at/fachinfos/rlw/wie-sind-storwandlabten-in-europa-und-en-usa-organized.