Letter to Martin Donat

“Yellow card” for Upper Austria’s environmental lawyer

Martin Donat has been Environmental Ombudsman in Upper Austria since 2007 and is not subject to instructions. Now he has received some explosive mail from the director of the state office.

(Bild: Einöder Horst/Horst Einöder/Flashpictures)

Martin Donat is not bound by instructions and is ultimately only committed to the environment. However, his unilateral actions and his personal fight against wind power have now earned him a sound rebuke. 

What he may and may not do is regulated in Section 2 of the Upper Austrian Environmental Protection Act: Hofrat DI Dr. Martin Donat has been working for the Upper Austrian Environmental Ombudsman's Office since 1997. In 2004, he was promoted to group leader, and on July 5, 2007, he reached the pinnacle of his career - since that day, the academic has been the Environmental Ombudsman, i.e. the highest body that stands up for environmental protection in Upper Austria and can give projects the thumbs up or thumbs down.

Donat is not subject to instructions, but still has a boss
There is no question that far-reaching and important decisions for the environment were made during Donat's term of office. Political observers describe him as a vehement fighter for the cause. However, some past actions have tarnished his eco-image. But first things first.

For example, he is said to have played an obscure role in the Ohlsdorf project (the forest clearing next to the Westautobahn) and helped the project operator. What is even more offensive to many, however, is his fight against wind turbines, which he portrays as monstrous and oversized in photomontages. Donat recently sent a letter to the residents of the municipality of Rainbach, where a referendum will be held today, Sunday, to vote for or against a wind farm.

Politics has nothing to say to him
In his office as environmental lawyer, Dr. has the huge advantage of being completely free from instructions. This means that politicians cannot tell him anything - which ultimately serves democracy. Stefan Kaineder (Greens), State Councillor for the Environment, can be informed by Donat, but he has nothing to say to him.

State Office Director Thomas Schäffer wrote a letter to the environmental lawyer and showed him the yellow card.

(Bild: (C) 2019)

Whether it is the job of an official with such far-reaching rights to send out mailshots and thus intervene in political processes has long been questioned in the Linz Landhaus. As the "Krone" has learned, a yellow card has now been issued to the court councillor in the form of a letter from the director of the provincial office, Thomas Schäffer.

In the letter, Schäffer asks what the basis for the letter was and how it came about. As described: In terms of content, no one can interfere in the work of the environmental lawyer, but under civil service law they can, because Donat is formally a civil servant and the director of the provincial office is therefore his boss.

Incidentally, the Environmental Committee (chaired by Green Party leader Severin Mayr) of the provincial parliament formally decides on the appointment of the Environmental Ombudsman. In the case of a possible dismissal, however, things get more complicated, as the state government has to decide on this. However, this is currently not an issue. Not yet