Coalition reaches agreement on Federal Public Prosecutor's Office – approval from FPÖ or Greens needed

For the constitutional implementation of the Federal Public Prosecutor's Office, the government needs a two-thirds majority in the National Council. ÖVP, SPÖ and NEOS do not jointly hold this qualified majority. The coalition is therefore dependent on votes from the opposition in order to actually put the project into force.

This constellation means that the federal government is dependent on the approval of either the FPÖ or the Greens in order to pass the Federal Public Prosecutor's Office project through parliament. One of the two opposition parties thus becomes the decisive provider of a majority for a central point of the government's agenda in the area of crime and justice.

The FPÖ had shown itself opposed in the past to the establishment of a Federal Public Prosecutor's Office. Should this position persist, the circle of possible coalition partners for the government on this issue shrinks to the Greens. Conversely, it is conceivable that the FPÖ will adjust its position in the upcoming negotiations over the two-thirds majority, for example in exchange for other concessions in justice policy.

Possible coalition partners: FPÖ and Greens

The Greens have not yet made a definitive statement on the Federal Public Prosecutor's Office. Their voting behaviour could depend on how the new authority is designed, what powers it receives and what control mechanisms are envisaged. From coalition circles it was said that they were ready to hold talks with both opposition parties.

Legally, the Federal Public Prosecutor's Office is a constitutional innovation that intervenes in Austria's system of criminal prosecution. A constitutional amendment or at least a constitutionally anchored federal law is therefore necessary, which explains the high hurdle of the two-thirds majority.

With the project, the government pursues the goal of bundling investigations in complex or supra-regional cases – such as economic crime, organised crime or corruption proceedings – at a central level. Advocates argue that this would strengthen specialisation, resources and political independence.

Arguments for and against the new authority

Critics, on the other hand, warn that a Federal Public Prosecutor's Office could weaken the existing federal structure of the judiciary and create new dependencies. The debate over how such an authority should be organisationally embedded and controlled is therefore likely to shape parliamentary deliberations in the coming months.

It remains unclear when the government will specifically present a draft. Observers expect that informal talks will initially be held with the FPÖ and Greens before formal negotiations begin. Only then could a corresponding legislative package be introduced into the National Council.

The topic falls within the area of crime and justice and thus touches on core questions of the rule of law. The decision on the Federal Public Prosecutor's Office is regarded as one of the politically delicate points of the government programme, as it concerns both majority ratios and fundamental questions of the separation of powers.