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VfGH stops FPÖ-U Committee: Clear wadness for the opposition!
The VfGH rejected the FPÖ's request for Corona measures and the death of Pilnacek as inadmissible.
VfGH stops FPÖ-U Committee: Clear wadness for the opposition!
The planned investigation committee of the Freedom Party of Austria (FPÖ) on the Corona measures and the death of the former head of section Christian Pilnacek is not implemented. According to a decision by the Constitutional Court (VfGH), the request of the FPÖ was considered illegal. This decision was made, since it was inadmissible to mix in terms of contiguous facts into a subject of investigation, according to this OE24.
As part of the procedure, the FPÖ argued that there was a connection between the corona measures and the death of Pilnacek and referred to alleged influences of members of the ÖVP government. However, these claims were rejected by the government factions, including the ÖVP, the SPÖ and the NEOS, in the National Council's regional committee.
Illegality of the application
The VfGH rejected the application of 46 FPÖ MPs, who wanted to classify the decision of the Procedure Committee as illegal. The decision determined the inadmissibility of the desire for the establishment of an investigation committee, since the proposed object of investigation did not meet the constitutional requirements. In particular, the subject of the investigation should have affected a certain, completed process in the area of implementation of the federal government, so vfgh.gv.at.
The VfGH confirmed that the FPÖ's topics, which included the investigation into the death of Pilnacek and the procedures of the authorities in meetings against the COVID-19 measures, had no sufficient context. The term "suspicion of the unhappy or party -politically motivated influence" was not sufficient to concretize the subject of the investigation.
Determination of a committee of inquiry
According to the legal framework, investigation committees in Austria may not carry out any evidence -assurance measures such as house searches or seizures. However, you can ask for the transmission of files and documents from various state organs. It is also possible to request information, which may be loaded a maximum of twice. People who refuse to appear as an information person can be demonstrated, while the Federal Administrative Court can impose an imprisonment parlament.gv.at.
The decision of the VfGH is a strong signal regarding the legal framework for the establishment of committees of investigation and its detection. Their strict requirements for the determination of the object of the investigation underline the need that political applications must be formulated precisely and relevant.