Justice warns proposed federal prosecutor’s office could invite political influence

Austria’s judiciary has sharply criticised plans for a federal prosecutor’s office, warning that the proposal could represent a setback for the rule of law and create an entry point for political intervention, broadcaster ORF reports.

Justice Minister wants to limit her own influence and separate politics from the judiciary. Under the plan, an independent federal prosecutor’s office would take over issuing instructions to public prosecutor’s offices.

The idea has broad support, but critics say the current draft law could have the opposite effect. “If you look closely, you can see that the goal is not being achieved. The possibilities for political intervention remain,” said Helmut Katzmayr, president of the Higher Regional Court in Linz.

Dispute over appointment procedure

The proposed appointment process is particularly controversial. The National Council would be able to reject candidates by a simple majority and without giving reasons.

That could create the impression that someone had been appointed because of links to a political party, Katzmayr said. The procedure should be as independent as possible so that such an impression could not arise, he added.

Critics also object to planned parliamentary oversight of ongoing proceedings. Katzmayr described the proposal as unusual and said it was not provided for in the existing system, referring to the separation of powers.

“There are clear responsibilities here. As a matter of principle, only an independent court can oversee ongoing proceedings. That responsibility should not be transferred to a parliamentary body,” he said.

There is no dispute that politics and the judiciary should be separated. The judiciary does, however, doubt whether the current draft can achieve that goal.