"Strengthening trust"

Cooling-off phase planned for constitutional judges

The federal government wants to introduce a "cooling-off phase" for politicians who want to become constitutional judges.

(Bild: Verfassungsgerichtshof)

The federal government wants to introduce a "cooling-off phase" for politicians who want to become constitutional judges. Constitutional Minister Karoline Edtstadler confirmed the plan to the Ö1 "Morgenjournal" on Friday. Politicians will have to wait three years before they can switch to the Constitutional Court.

Until now, such a waiting period only existed for the president and his deputy. "The aim is to strengthen confidence in the Constitutional Court. It does not mean that someone who is in politics cannot be just as much of an expert or a good lawyer, but I believe that it makes sense to introduce a cooling-off period in the interests of trust in this supreme court," Minister Edtstadler told Ö1.

Change directly from politics possible
This phase currently exists, but only for the top of the Constitutional Court: anyone who is a member of the federal or provincial government or a general representative body such as the National Council must wait five years before they can become President of the Constitutional Court. The other twelve constitutional court judges and six substitute members, on the other hand, can move directly from politics to the Constitutional Court. These additional members are proposed in part by the National Council and the Federal Council.

Former Justice Minister Wolfgang Brandstetter (archive photo) moved to the Constitutional Court.

(Bild: APA/BARBARA GINDL)

This caused criticism in the case of former Justice Minister Wolfgang Brandstetter (ÖVP). As a constitutional judge, he had to declare himself biased several times, as he had previously worked on laws that the Constitutional Court was reviewing.

The government had been planning a cooling-off phase for some time. The "transparency package" presented in 2021 provided for cooling-off phases for normal constitutional court judges. Constitutional Court President Christoph Grabenwarter had also repeatedly called for a change to the appointment procedure.

Two-thirds majority required
The corresponding amendment was submitted to the National Council on Thursday by means of an initiative motion; the Constitutional Committee will discuss it next week. As this is an amendment to the Federal Constitutional Law, the Black-Greens need a two-thirds majority for a decision in July and therefore either the votes of the SPÖ or the FPÖ. Agreement comes from the Social Democrats. "This is about the independence of the institution. We support the goal, now we will examine the motion of the governing parties," emphasizes constitutional spokesman Jörg Leichtfried.

The Freedom Party is also not averse to the idea. However, justice spokesperson Harald Stefan criticizes: "This cooling-off phase was already planned in the original ministerial draft of the Freedom of Information Act, but was then removed again. The change of heart just before the election is sudden. Perhaps the ÖVP just wants to divert attention from the fact that this cooling-off phase should also exist in other institutions within the state's sphere of influence." Both the FPÖ and the SPÖ are in favor of an extension, both citing the National Bank as an example - as is well known, ÖVP Economics Minister Martin Kocher would like to become governor there.

In addition, the initiative proposal provides for changes to the digitalization of the Administrative Court. The appointment of constitutional employees at the Constitutional Court is also to be extended in the event of maternity leave, to the extent of the duration of the maternity leave.