Government to make a decision, leaving numerous queries unanswered, according to the Federal Prosecutor's Office
The draft for the establishment of a Federal Prosecutor's Office, which would oversee all public prosecutors' offices, has caused a stir in parliament, with the Interior Committee approving the plan despite concerns from the Freedom Party. The draft, currently circulating in Vienna, deviates significantly from the coalition pact and has sparked debate over the appointment process, term of office, and control mechanisms for the new authority.
The draft, developed with German expert cooperation, emphasises principles such as the right to a fair court, legal security, equality, and adversarial principles in criminal proceedings. This suggests a structured and balanced framework for the authority's operation, potentially influencing appointment and control mechanisms to ensure fairness and independence.
However, the draft's specifics on the appointment process and term of office are not explicitly outlined. It is inferred that the draft likely includes provisions aligned with constitutional and legal guarantees, as the focus on legal security and balance between private and public interests is evident in the legislative discussions.
Regarding the control mechanism, there is attention to legal safeguards such as court petitions for data inquiries and defense rights, indicating a system of checks and balances in prosecutorial powers. In the event of gross misconduct, members of the Federal Prosecutor's Office could have to answer before the Constitutional Court, similar to a ministerial indictment.
The draft proposes a three-member committee for the Federal Prosecutor's Office, with the chairmanship rotating for a balanced committee. The jobs in the new authority are intended for particularly qualified individuals, with a background in criminal law and at least ten years of judiciary experience.
Brussels has criticized government advertisements and demanded a Federal Prosecutor, and the plan could potentially pass the Council of Ministers next week. However, negotiations are still ongoing, with no final draft confirmed as of Wednesday. All parties involved (ÖVP, SPÖ, and Neos) have stated that no decision has been made yet.
The Freedom Party views the Messenger Surveillance, a key aspect of the draft, as a "spy fantasy" of the People's Party that could lead to "total surveillance of the population." The draft involves the federal government in the appointment process, whereas the coalition pact only mentions an independent commission and parliamentary election. Additionally, the draft grants a term of nine years to the committee, while the coalition pact states six years.
In summary, the key known distinction is the draft's detailed legal framework emphasising rights and procedural safeguards for the new Federal Prosecutor's Office. More precise differences on term length, appointment, and control require additional sources beyond the current search results. The establishment of the Federal Prosecutor's Office and its control over all public prosecutors' offices could potentially be established as early as next week.
The policy-and-legislation surrounding the establishment of the Federal Prosecutor's Office, a topic currently under debate in parliament, is a key aspect of politics in general-news. This new authority, designed with a focus on fairness and independence, is proposed to have a three-member committee with a rotating chairmanship. However, the specifics on the appointment process and term of office, points of concern for the Freedom Party, are not explicitly outlined in the draft.
