In a demand paper addressed to the next government, they advocate more positions for judges and candidate judges. There also needs to be a sufficient budget and an independent public prosecutor’s office. The government should keep its distance from temporary legislation and short legal review periods.
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“Let us commit ourselves to the rule of law,” appeals the Association of Austrian Judges and the representation of judges and prosecutors in the Public Service Union (GÖD) in the paper that is available to the APA. On the one hand, more positions are needed for judges and trainees, and on the other hand, vacant positions must be filled immediately. There are complaints, for example, that more than 20 open judge positions at the Federal Finance Court (BFG) have not been advertised “for years”. The long search for a president for the Federal Administrative Court (BVwG) due to “political coordination” is also recalled. The appointment process took longer than a year due to the disagreement in the black-green coalition.
Also budgetary demands
If the executive branch fails to fill judicial positions and managerial positions in courts, a legal remedy should be available at the request of the professional representatives. The fact that there is currently no legal protection is perceived as a dependency of the judiciary on the executive, which needs to be “eliminated”. In this sense, an independent public prosecutor’s office should also be established, the form of which the Black and Green parties were unable to agree on. The Minister of Justice is currently at the helm. There should be proposals from judicial bodies for the appointment of presidents and vice-presidents of the Administrative Court and the administrative courts.
The paper also contains budgetary demands; after all, the judiciary should remain attractive as an employer. Sufficient funds are needed not only for the additional staff requirements, but also for the renovation of outdated court buildings. At the same time, the salaries of all judges must be increased because their salaries are “no longer competitive compared to other legal professions”. Judges should not be worse off than prosecutors. A severance payment model, partial utilization models and the possibility of a sabbatical are also required.
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Lary increase after several years of service are also part of the considerations.
Additionally, the Association of Austrian Judges emphasizes the importance of “modernizing the judiciary” to respond effectively to contemporary challenges. This includes investing in digitalization to streamline processes, enhance accessibility, and improve the efficiency of court proceedings. They argue that modernization efforts are crucial not only for maintaining public trust but also for ensuring timely justice delivery.
The call for action comes at a time when the demands on the judiciary are increasing, and the backlog of cases is growing. Without adequate staffing and resources, they warn that the system could become overwhelmed, leading to delays that infringe on citizens’ right to timely legal recourse.
the Association’s paper stresses the necessity for immediate action regarding judicial staffing and resources, aiming to restore confidence in the legal system and ensure it operates independently from political influences. The unfulfilled vacancies, budgetary needs, and the competitive compensation for judges are urgent concerns that require attention from policy-makers to safeguard the rule of law in Austria.
