Criticism of Plans for Federal Prosecutor's Office Continues – Consultation Deadline Runs Until August 31

Criticism from Transparency International

The prosecutors' association and other institutions have also weighed in on the debate. They see the reform in principle as an opportunity, but at the same time see a need for clarification regarding the future organizational structure and the relationship to the existing WKStA. The involvement of the Higher Regional Courts, such as the Higher Regional Court of Innsbruck, is also being discussed.

The three-party coalition's stated aim with the draft is to reorganize the supreme power to issue instructions within the prosecution service and to free it from political influence. Supporters argue that a dedicated Federal Prosecutor's Office could strengthen investigations into economic and corruption cases and ensure greater transparency. Critics, however, fear that the participatory rights of the National Council provided for in the draft could undermine independence.

Coalition's Aims

At the heart of the controversy is the question of who will determine the leadership of the new authority in the future. The draft provides for an independent commission to make a substantively justified selection. Transparency International warns, however, that the National Council should not be allowed to override or replace this decision through party-political negotiations.

The deadline for comments runs until August 31. Only thereafter is the government expected to revise the draft and introduce it into the National Council. Observers expect criticism to intensify in the coming weeks as more institutions submit their views.

Open Questions on the Reform

The geographic anchoring of the new authority is also unsettled. While Innsbruck is repeatedly being mentioned as a possible location, the Higher Regional Court of Innsbruck points to its experience with complex white-collar criminal proceedings. A final decision on the location has yet to be made.

The discussion thus touches on three central questions: the organizational future of the WKStA, the role of the National Council in appointing the authority's leadership, and safeguarding judicial independence. The comments from the coming weeks are likely to determine the form in which the draft ultimately reaches parliament.

Transparency International emphasizes that an independent judiciary can only be guaranteed if the selection of its leadership is transparent and free of party-political considerations. The coming weeks are therefore regarded as a decisive phase for shaping the substantive content of the reform.