New legal opinion

FPÖ warns against consultation: “No protection without a law”

A legal opinion questions Carinthia's obligation to erect wind turbines. It also denies the effectiveness of a planned ordinance.

(Bild: ÖBf-Archiv/R. Leitner)

The FPÖ is calling for the ban on wind power to be enshrined in a provincial law. According to the expert opinion, the announced ordinance would not achieve anything. Urgent call to vote "YES" on Sunday.

"After 44 years, Carinthia is once again dealing with the protection of the mountains. Back then there was a 'YES', hopefully again on Sunday," said FP leader Erwin Angerer, who focused on legal matters at a press conference on the consultation. "In his expert opinion, Professor Christoph Urtz makes it clear that an ordinance is not enough to protect the mountains from wind turbines."

FPÖ sees legal loopholes
The constitutional expert argues that the recently passed Energy Transition Act takes precedence over a planned ordinance. But that is not enough. "The law also de facto repealed the Visibility Ordinance. So there is currently no protection for Carinthia's mountains," says Angerer. "In addition, Urtz does not recognize any legal obligation for Carinthia to erect wind turbines at all." The FPÖ is therefore insisting that a ban be enacted as a provincial law - preferably with constitutional status.

The legal opinion clearly shows that the announced ordinance offers no legal protection against wind turbines.

FP-Chef Erwin Angerer

Bild: Rojsek-Wiedergut Uta

Angerer's deputy, Josef Ofner, Mayor of Hüttenberg, launched an all-out attack at the press conference. "A hodgepodge of people are making the case for wind power in Carinthia. These are parties, NGOs and interest groups," says Ofner, who is particularly annoyed by the Chamber of Commerce. "This is financed with compulsory fees, the Federal Audit Office should take a look at this." The FPÖ had spent around 100,000 euros on advertisements, while the opponents had spent significantly more, according to Ofner. In conclusion, both Ofner and Angerer are in favor of a clear "YES".

Excerpt from the legal opinion.

(Bild: Christoph Urtz)

Gruber and Schuschnig disagree
The ÖVP disagrees with the legal presentation: "The legal opinion presented is completely wrong and far-fetched," said Deputy Governor Martin Gruber and Energy Spokesman Sebastian Schuschnig. "The planned regulation for strict wind power zoning is the only way to protect nature and ensure security of supply at the same time. The FPÖ continues to accept completely unsettling the people of Carinthia without need."

Mögliche Koalition

FP/VP-Verhandlungen: Angerer sieht drei große Knackpunkte

"It will happen quickly. We can quickly clarify how serious or honest the ÖVP is," explains FP leader Erwin Angerer. "There are three major sticking points that need to be clarified quickly." These are a possible EU deficit procedure, the de-industrialization of Austria and affordable living without additional burdens.

Point one must be resolved quickly, as the deadline for the decision is 17 January. "I hope it works. Chances of success can rise quickly or vanish into thin air," emphasizes Angerer. "New elections could be good for us, but it's about our civic responsibility."