Dispute over ORF Foundation Council: University of Applied Sciences Complaint!

Dispute over ORF Foundation Council: University of Applied Sciences Complaint!

The university conference (Uniko) submitted a complaint to KommaUstria against the composition of the ORF foundation council. The reason for this intervention is the supposedly incorrect occupation of the public council when posting members to the Foundation Council. A central point of the complaint is that Gertrude Aubauer and Beatrix Karl, both of whom work in ÖVP partial organizations, should not be sent to the public council. According to the provisions of the ORF law, people with political functions are excluded from participation in ORF bodies. Beatrix Karl was appointed by the government for the university area and should therefore not have belonged to this committee, as OE24 reported.

Both, Aubauer and Karl, withdrawn from the public council due to the suspicion of incompatibility, which the Uniko President Brigitte Hütter rates evidence that the public council was not independent of the party. She expressed that this process for the university conference was unacceptable. The ORF itself has not yet given an official statement on these developments.

retreat and replacement

Gertrude Aubauer has confirmed its withdrawal from the "Standard". It will not be represented on the Board of Trustees, which will meet for his constituent meeting next Tuesday. Petra Stolba, who is also attributed to the ÖVP, could possibly move into the Foundation Council instead of Aubauer. With regard to the mandates in the public council, it remains unclear who will take over, since the federal government has to select and send representatives for the areas of older people and science, as [the press reports] (https://www.diepresse.com/19793650/aubauer-und-karl-aus-aus-orf- Public Councilor.

Even before the first meeting, the public council had lost two candidates who had to be replaced by past political activities. These changes throw a skill light on the questions about political influence on the ORF.

constitutional context

The background of this problem faces constitutional concerns, since the Constitutional Court (VfGH) declared provisions of the ORF law to appoint and composition the Board of Trustees and the public council. These provisions violate the requirement of independence and pluralistic composition in accordance with Art I ABS 2 of the Federal Constitutional Act on the independence of the radio. The fact that the Federal Government nominates nine members of the board of trustees is particularly problematic, while the public council can only send six members. This leads to an overweight of the political influence, which endangers the independence of the broadcast, as VfGH reports.

The legislator has time until March 31, 2025 to make new regulations, since the unconstitutional provisions then override. During this time, the functional period of the current foundation and public council remains up to the first meeting of the newly appointed committee.