Persistent emotions and resistance of judges against the occupation of top positions in the constitutional and administrative court. Appeal to Politics: Fingers Wan Weg away from independent dishes. A well -known expert calls for the amendment to the Regulation. This requires a majority of two thirds.
Austria and post -scacher: what a story. In all areas – it is often mentioned – more or less important positions are granted. By party politics. From primary school to the highest court. In fact, the second -inspired area now leads to enormous excitement. The judge is still indignant, he manages to shake the audience. The “Krone” reported a week ago: two top positions at the Constitutional Court (VFGH) and the Administrative Court (VWGH) awaiting their line -Up. By government peaks.
Politics praises itself for transparent political influence
The new Minister of Justice, Anna Sporrer nominated by the Spö, said on Ö1 that the Constitution only provided these professions. Before that, Sporrer was at the VWGH Vice President, her position can be filled, so she is in the middle of the crowds. However, she also emphasized that the casts of governments – without “praising themselves” – meet excellent people. It is important that ÖVP/Spö/Neos has made it transparent in the government program that the right of proposal for posts has been divided (as the Neos-General Douglas Hoyos said recently): ÖVP Chancellor Stocker and Spö-Vice Babler at VWGH, Babler and Neos.
One could formulate malicious, the details about the post -scacher in independent dishes are now announced. No longer hidden in secret sidelettes. The fact that the Constitution allows this practice is just as clear as controversial. And unlike EU guidelines or recommendations, to fulfill the highest judicial positions through bodies and largely independent.
“The regulation must be changed”
Bernd Christian Funk, recognized professor and expert in constitutional law, says Klipp and clearly: “This regulation belongs.” However, this requires a majority of two thirds in parliament. In Article 147 of the valid version of 1930, paragraph two of the Federal Constitution, it says: “The President, the Vice President, six other members and three replacement members, the federal president appoints the proposal of the federal government; these members can be found from the Circle of judges, administrative officials and professionals at the Legal and State Codes.”
On the way to Poland and Hungary?
Minister Sporrer’s announcements only offer a limited extent how the “crown” of the VWGH has been added: “It is about a transparent selection after a hearing before the government submits a justified triple proposal for the appointment. This is clearly not planned.” You go to Hungary and Poland.
The current situation is due to an “old problem of the Constitution,” says Constitutional Lawyer Funk. The basic idea came from the 19th century, from the monarchy. At the time, the emperor determined the highest judges. Funk tells a versatile and deep Austrian anecdote: “A nobler wanted to intervene with a judicial president. He refused. The noble complained to Franz Joseph. He later said to court at an event:” You acted well “.
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.
