Draft for review on reform of the Federal Prosecutor's Office continues to be delayed

Criticism from the judiciary and politics

Alma Zadić, the Greens' justice spokesperson, also saw the selection commission and the appointment procedure as central „Knackpunkte" of the reform on Ö1's „Mittagsjournal". Zadić spoke out clearly in favor of the review being conducted on a broad, transparent basis before a decision on the reform is taken in parliament.

Former Justice Minister Anna-Maria Wukovits, who has not yet seen the draft in detail, was also cautious. Everything she had read sounded „sehr kritisch", the former justice minister said, without having seen the final draft yet. She called for any weaknesses in the draft to be identified before parliament passes the reform.

There is also resistance from within the prosecution service. The Association of Prosecutors expressed concern about the envisaged interventions in the organizational independence of the authority. Representatives warned that the reform could make it easier for political influence to be exerted on ongoing proceedings.

Supporters see progress

Supporters of the reform, including voices from the Freedom Party, by contrast see it as a long-overdue step. The planned reform marks a „historischen Fortschritt für den österreichischen Rechtsstaat", according to statements. Critics such as Kreutner disagree emphatically: while it is good „dass sich was tut", care must be taken not to take „einen Schritt nach vorne und drei zurück".

Among the other experts who spoke out is Georg Kodek, who is regarded as an expert on corruption criminal law. He pointed out that any change to the Federal Prosecutor's Office must be carefully weighed against constitutional law and expressed doubts about the proportionality of the planned interventions.

Kreutner linked his concern about the selection commission to a fundamental question for those in political responsibility: „Wie lang kann sich dieses Karussell drehen?", Kreutner said with a view to the repeated attempts at reforming the authority.

Consultation period runs until the end of August

Armenaк Utudjian, spokesperson for a civil society initiative for an independent judiciary, in the meantime called for the draft to be published swiftly. Without the complete document, a serious review by private individuals and stakeholders is not possible, she argued.

Stakeholders, experts, and private individuals then have until the end of the consultation period on 31 August to submit written statements. The prerequisite for this, however, is that the draft is actually made publicly accessible by then.

In judicial circles, meanwhile, it is expected that the consultation period could be extended in light of the ongoing criticism. If the draft is only introduced into parliament in the coming days, the timetable is likely to slip further.

Political context of the reform

The debate over the reform of the Federal Prosecutor's Office comes at a time when confidence in the Austrian judiciary is already under scrutiny. Critics and supporters are united at least by the desire for a transparent, comprehensible decision — which, however, presupposes that the draft is finally available for all to see.