"Just like Hungary"

Rule of law: EU report criticizes Austria

The Palace of Justice in Vienna, seat of the Supreme Court

(Bild: APA/Roland Schlager)

In its EU Rule of Law Report 2024 published on Wednesday, the EU Commission criticizes the political influence on appointments in Austria's judiciary. It criticizes the fact that "no progress" has been made in many areas.

The Brussels authority lists the following problem areas: too little involvement of the judiciary in the appointment of presidents of administrative courts, no progress in the reform of the Federal Public Prosecutor's Office or in the transparency rules for members of parliament, and in the monitoring of lobbying.

The EU Commission's recommendations
In principle, however, the "independence of the judiciary in Austria" is rated as "very high". "The judicial system works efficiently", according to the EU report, which has been published annually for each member state since 2020. It mainly serves as a basis for discussion for the EU Parliament and EU member states and also contains specific recommendations for governments. With regard to Austria, it is noted: "It is recommended that the judiciary be involved in the procedures for appointing presidents of administrative courts, taking into account European standards."

The EU Commission under President Ursula von der Leyen draws up an annual report on the state of the judiciary in all EU states.

(Bild: AFP)

Furthermore, "the reform to establish an independent federal prosecutor's office should be pushed forward". Particular attention should be paid to the fight against corruption. Austria must also introduce "efficient rules for the disclosure of assets and interests of members of parliament, including effective monitoring and sanction mechanisms". The monitoring of lobbying is also seen as in need of improvement.

Special focus on EU presidency country Hungary
As Hungary holds the Council Presidency and is the only country still subject to Article 7 proceedings for breaches of the rule of law, special attention is being paid to this country report this year. Billions in Hungarian EU funds have been frozen as a result.

Budapest has not implemented any proposals
The country is once again being heavily criticized. According to the EU Commission, Hungary has not implemented any of the proposals made in the 2023 report, be it with regard to case allocation in courts of first instance, the independence of public media or harassment of civil society. The Brussels authority is once again calling on the government in Budapest to implement several reforms. These include a tightening of the rules with regard to lobbying and job changes between politics and the private sector.

Criticism from the opposition: "How many more reports are needed?"
According to the SPÖ, the rule of law report marks a "low point in Austrian politics". "Now we also have it in black and white from the EU Commission: Austria is one of the frontrunners after Hungary in terms of lack of transparency, lack of control and political influence on appointments," complains SPÖ parliamentarian Andreas Schieder. 

"How many more negative reports will it take before the Minister of Justice finally acts and ensures that the necessary reforms are actually tackled? Where is the promised independent federal public prosecutor's office? When will the intolerable two-tier justice system and political influence in appointments finally be put to an end?" demanded Stephanie Krisper, NEOS spokesperson for internal affairs.

FPÖ MEP Petra Steger complained: "As long as the government - above all Chancellor Nehammer - dances to the tune of the warmongers and wealth destroyers in Brussels, this criticism will have no consequences. Only countries that oppose this madness - such as Hungary, for example - will actually be subjected to legal proceedings."