VfGH stops FPÖ-U committee: Clear wade for the opposition!

VfGH stops FPÖ-U committee: Clear wade for the opposition!

The planned investigative committee of the Freedom Party of Austria (FPÖ) into the Corona measures and the death of the former section leader Christian Pilnacek will not be implemented. According to a decision by the Constitutional Court (VfGH), the FPÖ's request was deemed unlawful. This decision was made because it was inadmissible to combine unrelated facts into one subject of investigation oe24.

As part of the proceedings, the FPÖ argued that there was a connection between the Corona measures and Pilnacek's death and referred to alleged influence by 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 Rules of Procedure Committee.

Illegality of the application

The Constitutional Court rejected the application from 46 FPÖ MPs who wanted to classify the decision of the Rules of Procedure Committee as unlawful. The decision determined that the request to set up a committee of inquiry was inadmissible because the proposed subject of the investigation did not meet the constitutional requirements. In particular, the subject of the investigation should have concerned a specific, completed process in the area of ​​federal enforcement, so vfgh.gv.at.

The Constitutional Court confirmed that the FPÖ's evidentiary topics, which included the investigation into Pilnacek's death and the authorities' actions at meetings against the COVID-19 measures, did not have a sufficient substantive connection. The term “suspicion of unobjective or party-politically motivated influence” was not sufficient to specify the subject of the investigation.

Determination of a committee of inquiry

According to the legal framework, investigative committees in Austria are not allowed to carry out measures to preserve evidence such as house searches or seizures. However, you can request the transfer of files and documents from various government bodies. It is also possible to request people to provide information, although they may be invited a maximum of twice. Persons who refuse to appear as informants can be brought before the Federal Administrative Court, while the Federal Administrative Court can impose penalties, explained parliament.gv.at.

The Constitutional Court's decision is a strong signal regarding the legal framework for the establishment of committees of inquiry and their verification. Their strict requirements for the specificity of the subject of investigation underline the need for political proposals to be formulated precisely and relevantly.