The suspended section chief of the Ministry of Justice, Christian Pilnacek, was fined one month’s wages by the federal disciplinary authority on Thursday. In a conversation with the then chief of cabinet of the Ministry of Finance, he had advised to appeal against a house search. In doing so, he violated his duty. He was acquitted of two other charges. The suspension is decided in writing.
Pilnacek had advised the then Chief of Cabinet of the Ministry of Finance via chat message (“It’s a coup”; “They play unfairly; only a complaint helps…”) to appeal against a search by the Economic and Corruption Prosecutor’s Office ( WKStA) to the Ministry of Finance and to file a complaint against the responsible clerk.
“Who prepares Gernot?”
He had also asked who the then Minister of Finance Gernot Blümel (ÖVP) prepared for his interrogation (“Who prepares Gernot for his interrogation?”).
The disciplinary authority argued that Pilnacek had breached his duty by disclosing legal and procedural considerations. It was a private message, but since it contained advice on a criminal case against Blümel, Pilnacek had to assume that the content would be passed on. The chats then surfaced (without Pilnacek doing anything) in the U committee.
According to the disciplinary committee, it is a condition for a functioning administration that the public can trust that officials act impartially. “This is especially true for the judiciary.”
But Pilnacek’s actions are likely to shake that confidence. These could give the impression that Pilnacek puts other interests before those of his employer. In addition, he should be expected to refrain from any active action against the organs of his own authority.
Pilnacek was acquitted of two other charges
Pilnacek was acquitted on two other counts. On the one hand, he allegedly “introduced” official secrets to a journalist and, on the other hand, he did not prevent or report the transmission of unredacted parts of the files of various proceedings for which he was not responsible.
In the first case, the head of the section indeed disclosed official secrets – but no public or private interest was violated. In the second case, it could not be determined from whom Pilnacek had received the documents, nor could it be proved that they were actually secrets. He also had no obligation to report.
Other aspects of the disciplinary procedure (the Ministry of Justice has made further allegations against Pilnacek) were not decided on Thursday, as the criminal proceedings are still ongoing. Neither the disciplinary lawyer nor Pilnacek’s lawyer, Rüdiger Schender, has issued a statement on the findings of the disciplinary authority – it is therefore not legally binding.
A decision to suspend is taken in writing
The decision to uphold Pilnacek’s suspension, announced in February 2021, will only be made in writing. Regarding the suspension, Schender stated that Pilnacek had been out of service for two years. However, the European Court of Human Rights has already ruled that the issue of duration should be included in the proportionality test.
In general, he concludes that the proceedings against the head of department do not, of course, give a good picture of the case law. “But it takes two.” Pilnacek has never made any media statements. “He is aware that the judiciary needs rest. It would have been easy for him to point out many details of the process.
Source: Krone
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
