Suspicion of manipulation – Federal Administrative Court: Public Prosecution Service is investigating

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The Innsbruck Public Prosecutor’s Office has opened an investigation against nine people at the Federal Administrative Court (BVwG). This is evident from a written answer to questions from Minister of Justice Alma Zadic, which is available to the “Krone”.

NEOS MP Stephanie Krisper wanted to know from the Green politician, among other things, whether steps have already been taken by the Public Prosecution Service in the case of possible interference in the distribution of cases. This has now been confirmed. The charge is abuse of official authority. It is the presumption of innocence.

The background was a ‘Krone’ report from early March, which found suspected manipulation. Accordingly, a former president and a vice president of the Federal Administrative Court could have had a hand in assigning new cases to judges.

The so-called division of cases is of crucial importance for a court, because it determines in advance which judge will receive which file for decision in the future. No one may influence the selection of jurors. This is the central pillar of an independent judiciary in a constitutional state.

Interventions are strictly prohibited
Also at the Federal Administrative Court, new cases must be immediately registered by the law firm in the order in which they are received (“allocation wheel”) and assigned to the responsible judges via an electronic file distribution system. No president, no vice president, no minister should intervene in this system.

In 2022 and 2023, new cases at the Federal Administrative Court would not have been immediately assigned by the office to the responsible judges, but rather sent by email to the “President Office”. A new case was allegedly forwarded from the ‘Office President’ to the personal email address of a vice president.

Source: Krone

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