Head of the General Procurator's Office Criticizes Planned Appointment of General Prosecutors

Wachberger pointed to fears that the planned construction could increase rather than decrease the influence of political parties on the judiciary. In this context, she spoke of an "appearance problem" that would be replaced by a party-political selection. Verbatim quote: "Wir haben jetzt eine Anscheinsproblematik, die durch eine parteipolitische Auswahl ersetzt würde."

Specifically, the head of the General Procurator's Office expressed concerns about the appointment of the future federal prosecutors by the National Council. In her assessment, this could create a political selection that runs counter to the goal of de-politicization.

Verbatim quote: "Wenn der Bestellungsmodus so bleibe, sei es besser, wenn das bestehende System so bleibe, wie es ist." With this statement, Wachberger made it unmistakably clear that she would prefer the existing construction as the lesser option if the reform is implemented in the envisaged form.

Background: Role of the General Procurator's Office

The criticism of the head of the General Procurator's Office carries particular political weight, as her authority would be directly affected by the reform. The General Procurator's Office is currently responsible, among other things, for representing the prosecution before the Supreme Court and occupies a special position in Austrian criminal justice.

With the reform, the Ampel coalition intends, according to its own statements, to strengthen the independence of the judiciary, among other things. Critics such as Wachberger doubt, however, that the planned model actually delivers on this promise. They argue that the appointment of high-ranking judicial officials by parliament inevitably entails party-political considerations.

European Context of the Debate

The debate comes at a time when the independence of the judiciary is being closely observed across Europe. The Council of Europe and other international bodies have also repeatedly issued recommendations in recent years on strengthening the independence of the judiciary and the prosecution. Against this backdrop, the objections of an experienced senior legal expert carry particular weight.

In domestic policy terms, the statement is likely to further fuel the debate over the reform. The Ampel coalition must decide whether to adjust the planned construction in order to address the concerns from the judiciary, or whether to stick to its original plans. Observers expect that the upcoming parliamentary deliberations will show how much room for maneuver there actually is for revisions.

Wachberger herself belongs to the very authority whose structure is to be altered by the reform. This makes her not only an expert critic of the plans, but also a directly affected party. Her willingness to express her objections publicly and in a widely watched TV format adds additional explosiveness to the debate.

On the day after the interview, no official response to the statements of the head of the General Procurator's Office was yet known from the Ministry of Justice. Nor was anything initially announced regarding possible changes to the parliamentary drafts. It therefore remains open whether the criticism will feed into the further legislative process.