Renaturation law

How Gewessler reacts to Nehammer’s threat of legal action

Climate Protection Minister Leonore Gewessler (Greens)

(Bild: APA/ALEX HALADA)

Despite threats from Federal Chancellor Karl Nehammer (ÖVP), Climate Protection Minister Leonore Gewessler (Greens) did not allow herself to be dissuaded from voting in favor of the EU renaturation ...

"The authorization mentioned in this letter does not exist either in Austrian law or in European law. I will therefore proceed as planned," Gewessler stated combatively in advance.

The EU renaturation law was ultimately adopted by a narrow majority in the Council of the EU member states. This was announced by the Belgian Presidency. This was made possible by the approval of Austria's Environment Minister Leonore Gewessler (Greens), who acted against the wishes of her coalition partner ÖVP. Now that the EU Parliament has already voted in favor of the regulation, the renaturation law can come into force.

"Victory for nature"
"Today's decision is a victory for nature," said Gewessler in a first written reaction after the vote. "Today we are sending a signal from Luxembourg (where the EU Environment Council takes place) - we cannot go on like this. Our nature deserves our protection."

Edtstadler warned against this step
Constitutional Minister Karoline Edtstadler (ÖVP) had previously made people sit up and take notice with harsh words. The Minister for Climate Protection "is deliberately breaking the constitution and the law", Edtstadler said on Sunday. Irrespective of the matter at hand, "the law must remain the law. Ideology must never take precedence over the law," Edtstadler went on to warn. "Putting yourself above the constitution and above the law is a new dimension. This must and will have legal consequences."

The Green politician was not intimidated by this. She was relaxed about a "possible" lawsuit, she told media representatives before the Council meeting in Luxembourg.

Nehammer assumes illegality
Karl Nehammer (ÖVP) had previously informed the Belgian EU Council Presidency that approval of the EU renaturation by Green Climate Protection Minister Leonore Gewessler would be illegal. Austria's already announced abstention would have to remain in place, otherwise an action for annulment would be brought before the ECJ.

What is at stake?

• The aim of the EU Restoration Act is "the restoration of degraded ecosystems in all Member States". This includes, for example, the reforestation of forests and the rewetting of areas such as dried-up moors.
• All member states must draw up national plans on how to achieve the targets.
• For example, all ecosystems that are in poor condition are to be restored by 2050.

The Federal Chancellery pointed out on Monday that there is an "upright negative opinion from the federal states and the necessary agreement between the federal ministries concerned is lacking". Therefore, as in other countries, "the conditions for approval of the present draft are not met".

According to the Federal Chancellery, such an action for annulment would have to be brought by the responsible member of government, in this case probably Constitutional Minister Karoline Edtstadler (ÖVP). A decision by the Council of Ministers and thus the consent of the Greens would not be necessary.

Belgium identifies "inner-Austrian controversy"
 However, the Belgian EU Presidency saw the matter somewhat differently. "On our side, the minister present in the room will vote, that's how it works," said the responsible Belgian minister Alain Maron (Belgium, Greens) on Monday ahead of the meeting in Luxembourg. "For the rest, this is an internal Austrian controversy that is none of my business." He added that this had been checked and that it was legal to hold a vote on the renaturation law on Monday.