Reform of the judicial system: Austria introduces independent federal prosecutor!

Reform of the judicial system: Austria introduces independent federal prosecutor!

Österreich - Austria has agreed to establish an independent and instruction -free state prosecutor. This decision was made between the parties SPÖ, Neos and ÖVP after tough negotiations, after the Chancellor Party ÖVP had previously wrestled with the Greens for a solution. A central point of dispute was parliamentary control over the new institution. Constitutional law expert Bernd-Christian Funk has rated the solution found positively. The federal prosecutor will be free of political and military, provided that a two-thirds majority in parliament will be achieved. However, Justice Minister Anna Sporrer (SPÖ) keeps the last powers of instructions for charges and procedures.

This change could have significant effects on the duration of procedures, especially in top-class cases such as those of Karl-Heinz Grasser or Sebastian Kurz. The Buwog-Causa, which took 16 years, was criticized internationally and revealed the urgency for reforms in the Austrian judicial system. One goal of this reform, which is striving for improvement in transparency, could also sharpen the perception of the judiciary in public.

challenges and concerns

Although the basic requirements for the new federal prosecutor have been created, there are concerns about the selection of top lawyers and the control by the parliament. The FPÖ is skeptical and sees no need for a federal prosecutor. Prosecutors and lawyers also express doubts about the order mode, which the political decision -makers presents with additional challenges.

The reason for the establishment of an interdisciplinary commission was a controversial sound recording of the late judicial section Christian Pilnacek. In it, Pilnacek expressed that the ÖVP had repeatedly attempts to stop investigations. This commission, headed by Kreutner, has submitted a comprehensive report with 230 pages to be published shortly. Among other things, the report addresses the relationship between politics and the judiciary and calls for the establishment of an independent Attorney General.

public support and expert opinions

The referendum for an independent judiciary has already found 143,217 supporters in Austria. One of the main demands of the referendum is the reintroduction of the investigators abolished in 2008: inside and the anchoring of the Economic and Corruption Prosecutor's Office (WKSTA) in the constitution. Justice Minister Alma Zadić has underlined the need to counteract political influence in the judiciary. The results and demands of the referendum were discussed in an expert hearing in the Justice Committee.

experts are split over the demands. While some, like Peter Lewisch, are critical of the federal prosecutor, others, like Walter Geyer, see the facility as useful, but reject the WKStA anchoring in the constitution. MPs from various parties have also expressed themselves, with some considering the demands as incompatible with democratic principles.

Overall, it is indicated that the discussion about the independence of the judicial system in Austria will continue to gain intensity, supported by the different perspectives and the pressure to implement reforms promptly.

For more information on this topic you can Krone, ORF and parliament consult.