Austrian Supreme Court President says working conditions in judiciary are 'unacceptable' amid budget shortfalls

Kodek's central demand is for the government to create new judgeships and prosecutorial posts. According to reporting, the call from judges and prosecutors for additional permanent posts will not be met even in the planned double budget for 2027 and 2028 — despite a steady increase in the workload the courts must absorb. "Was nicht geht, ist, ohne massive Aufgabenreduktion und ohne Personalvermehrung den Standard zu halten", Kodek said.

Early releases and enforcement

The OGH president framed the issue as a question of political priorities rather than technical capacity. "Es fehlt nicht an Ideen, aber es fehlt an finanziellen Mitteln. Und zwar schon seit Längerem", he noted. He added that investments in the courts have always been difficult to argue for in front of policymakers, calling this "der Preis der Unabhängigkeit" — the price of judicial independence.

A second area of concern is the recent public debate over early prisoner releases as a possible cost-saving measure. Kodek said he views the discussion "sehr kritisch, sehr besorgt". He argued that whether court judgments can actually be enforced should not depend on the budget. "Ob Urteile vollzogen werden, würde dann nicht mehr von den Entscheidungen der Gerichte abhängen, sondern vom Budget", he warned. "Dann muss man es aber auch politisch verantworten."

Pay, workload and the limits of endurance

The president also pushed back against the suggestion that early release could meaningfully ease the prison system's cost burden. He argued that "Haft in der Heimat" — house arrest or detention in the country of origin — might be "vielleicht ausbaufähig", but he warned that releasing prisoners early is not a real solution. He criticised the broader political framing as "in gewisser Weise unehrlich", pointing out that the courts largely finance themselves through flat-rate fees. "Das ist in gewisser Weise unehrlich."

On the substance of criminal policy, Kodek positioned himself as favouring a modern approach for professional, not fiscal, reasons. "Das halte ich für eine ganz besorgniserregende Fehlentwicklung." Prison administration and rehabilitation both cost money, he said: "Der Strafvollzug kostet. Und Resozialisierung kostet. Das müsse der Gesellschaft etwas wert sein." The judge added that the judiciary itself already offers potential savings, for example through a shorter chain of appeals in civil cases, even though he would not personally advocate for that route.

Modernisation at the Justizpalast

Pay, Kodek said, is another area in urgent need of adjustment. He argued that entry-level salaries in the judiciary must be "dringend nachjustiert" — urgently revised — to remain competitive. On the ground, he said, many judges and prosecutors have been operating at or beyond the limits of what they can reasonably handle "seit Jahren an der Grenze oder über der Grenze der Belastbarkeit."

The head of Austria's highest court also used the interview to look ahead at internal reforms. He said small courts in particular continue to function very well — "Gerade die kleinen Gerichte funktionieren sehr gut" — and that any savings there would be marginal and only realised in the long term. As for the OGH itself, Kodek listed physical modernisation as a goal: district cooling throughout the Justizpalast, an exhibition space, and a multi-purpose hall for hearings and events. "Ich hätte gerne eine flächendeckende Fernkälte."

Political context and what comes next

One broader objective Kodek set out is to make the judiciary more visible to the public, even though he acknowledged that the court's administrative system is "extrem erstarrt". He said there are "kleinere Dinge, die mich freuen und die gelungen sind", pointing to incremental progress since he took office. His appointment in early 2024 was itself notable: for the first time, a personnel senate was involved in the selection process. Kodek's deputy, Anna Sporrer, is mentioned alongside him in coverage of the court's leadership.

Politically, the budget fight over the judiciary plays out against a coalition backdrop that includes the ÖVP, SPÖ and NEOS. The fact that the 2027/28 double budget does not deliver the requested judgeships has intensified concerns inside the legal profession. Kodek's intervention adds the weight of the country's top court to those concerns and could sharpen parliamentary debate over the next budget cycle.

The OGH president's message is unambiguous: without additional posts, competitive salaries and sustainable funding, Austria risks a slow erosion of its court system's capacity. Whether his warnings translate into political action will depend on negotiations over the double budget and on whether the coalition partners treat the judiciary as a spending line — or as a pillar of the rule of law worth defending.

Overall, Kodek's interview is a rare public airing of grievances from the head of Austria's highest court. He blends professional caution with pointed criticism of fiscal shortcuts that, in his view, would weaken enforcement and threaten the independence he sees as central to the judiciary's legitimacy. His concrete proposals — from entry-level pay rises to physical upgrades in the Justizpalast — are pitched as modest, achievable steps that nonetheless require sustained political will.

Whether the government responds by opening the purse strings or by asking the courts to do more with less will be a key test for Austria's justice system in the coming budget cycle. Kodek has now put that choice on the record.

In parallel with the budget debate, Kodek also took aim at the political rhetoric surrounding early releases, calling the framing "in gewisser Weise unehrlich" given that the courts effectively pay for themselves. His warning that enforcement of judgments should never depend on the budget is likely to echo in discussions of criminal policy in the months ahead.