Prosecutor General Criticizes Government Plans for Federal Prosecutor's Office

Austria's justice system faces a potential overhaul with the government's proposed Federal Prosecutor's Office, but the head of the General Procurator's Office, Margit Wachberger, is raising significant concerns. In an interview with Armin Wolf on "ZiB 2," Wachberger stated that while the creation of a truly politically independent federal prosecutor's office is welcomed, the current government draft falls short.

Wachberger specifically criticized the proposed role of the National Council, Austria's parliament, in appointing federal prosecutors and overseeing ongoing investigations. She argued that this level of political influence contradicts the principle of judicial independence. "Why should the tried-and-tested mode be deviated from precisely here?" she questioned, referring to the established process for appointing judicial officials.

The head of the General Procurator's Office also addressed the government's argument that the judiciary must be accountable in a democracy. Wachberger countered that the separation of powers, enshrined in the constitution, already provides a framework for accountability, and that politicians do not control ordinary courts. She described the government's approach as a "misguided approach."

Further points of contention include the proposed six-year term for federal prosecutors, which Wachberger believes should be longer to ensure stability and independence from the five-year legislative cycle. The plan for a rotating chairmanship every two years was also flagged as problematic for knowledge transfer and continuity. The General Procurator's Office believes the current proposal risks creating an "appearance problem," suggesting that political motives could influence prosecutorial decisions.