Budget 2024: Slight increases in funding for the highest courts

2023-11-13 18:47:41

Budget Committee debated federal estimates for the Constitutional Court and the Administrative Court

Vienna (PK) For the highest courts, the 2024 budget proposal (2178 d.B.) a slight increase in funding is planned. The budget for the Constitutional Court is €19.7 million (2023: €18.8 million), which means an increase of 5.1% compared to the previous year. The budget proposal for the Administrative Court provides for €26.5 million (2023: €24.05 million), an increase of 10.3%. The President of the Constitutional Court, Christoph Grabenwarter, and the President of the Administrative Court, Rudolf Thienel, stood before the MPs today Budget Committee available for your questions.

A procedure duration of three to four months is close to the optimum for the Constitutional Court

Due to inflation, the higher payments for the Constitutional Court primarily affect personnel expenses, rents and energy as well as the salaries and pensions of the members of the Constitutional Court.

With two additional positions, there will be a total of 110 positions for 2024. Irene Neumann-Hartberger (ÖVP) asked about the women’s quota and asked about the career paths of former legal employees after the end of their fixed-term contracts. The proportion of women in the Constitutional Court is 76% overall, 63% among academic staff and 50% among managers, said Christoph Grabenwarter. For the constitutional judges, whose appointments are made through nominations, the ratio is reversed; here the proportion of women is less than a third. According to Grabenwarter, one third of former legal employees of the Constitutional Court would work in the federal service, in the state service and in freelance legal professions.

Selma Yildirim (SPÖ) asked about measures that the Constitutional Court is taking to increase the population’s awareness of the importance of the rule of law. Here, like other institutions, they want to focus on personal communication, for example on an open day, as well as on social media communication, said Grabenwarter.

Christian Drobits (SPÖ) asked about the priorities for further training of staff. There is a particular focus here on the area of ​​asylum and immigration law, as there are dynamic changes in this area, said Grabenwarter.

Susanne Fürst (FPÖ) noted that a budget increase of 5% was not excessive and asked whether the establishment of the “Foundation Forum Constitution” had resulted in savings in the house. According to Grabenwarter, reliable statements can only be made about this next year. Above all, the foundation could now set up new activities that did not exist before.

Regarding the number of asylum procedures that Fürst asked about, Grabenwarter said that asylum procedures currently make up around 53% of the procedures. The duration of proceedings at the Administrative Court is generally 138 days on average; for asylum procedures it is 124 days.

Nikolaus Scherak (NEOS) wanted to know what an optimal “minimum goal” was with regard to the duration of the procedure. Grabenwarter said that this question is difficult to answer because there are a variety of types of procedures. With a process duration of three to four months, one is close to the optimum; this is a good framework. Processes that are too quick could mean compromises in quality, which is something you definitely don’t want, says Grabenwarter. It is important that “sudden surprises”, such as committees of inquiry, can also be well covered.

Agnes Sirkka Prammer (Greens) asked about the activities of the Constitutional Court at the international level. In this area there is a focus on the Western Balkans and Southeastern Europe, says Grabenwarter. The “Constitution sets a precedent” project is being supported in Moldova and efforts are being made to bring in experiences.

Administrative Court wants to use the budget as economically as possible

The Administrative Court’s projects and plans for 2024 include infrastructure measures to modernize the Administrative Court, the continuation of the digitalization offensive and the construction of a photovoltaic system.

The aim is also to achieve the greatest possible economy in the administration of justice, with all available resources being used to optimize the organizational and technical requirements of judicial activity. The 2024 personnel plan includes 202 positions. The positions will therefore remain at the same level as in the 2023 estimate and will continue at this level until the end of the 2027 financial framework period.

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Johann Singer (ÖVP) asked about the progress in implementing the “electronic act” and the personnel situation of the Administrative Court. Rudolf Thienel said that the implementation of the “electronic file” would probably be completed by next spring, but that it would take some time for the lower courts. The staffing situation is tight, but we are making do.

On the subject of further training for employees, which Christian Drobits (SPÖ) had inquired about, Thienel said that here, as at the Administrative Court, there was a further training focus on the subject of asylum law.

Since 2020, the number of new cases has decreased from 7,014 cases to 6,158 cases in 2022, said Thienel. An increase to around 7,100 new cases is expected this year. Since the number of occurrences and completions will be approximately the same in 2023, an increase in backlogs will probably be avoided. Due to the disruption to business operations during the pandemic, the average duration of proceedings has increased in recent years. In 2023, however, this could be shortened again to around 5.2 months.

The number of cases in asylum law, which Susanne Fürst (FPÖ) inquired about, has fallen from a peak in 2019 of almost 3,000 cases to around 2,000 by 2022. A little more than 2,500 procedures are expected again this year. The average duration of asylum procedures is just over two months.

Ulrike Fischer (Greens) wanted to know what extent the planned photovoltaic system would be. This will allow you to cover around a third of your own electricity needs, reported Thienel. The construction was coordinated with the Federal Monuments Office and completion is planned for next year.

Nikolaus Scherak (NEOS) asked in relation to the statement that the Administrative Court wanted to make do with the budget with “extreme thrift” and whether this would not lead to little room for maneuver with the Ministry of Finance. The Federal Ministry of Finance treats the Administrative Court fairly, said Thienel. You would get the resources you needed. If an area of ​​law “explodes”, you have to renegotiate. However, it is important to him to get by with a “black zero,” said Thienel.

The federal financial framework for 2024 to 2027 was also negotiated (2179 and At 2179 dB). (Continuation of the Budget Committee) bea

NOTES: The Parliamentary Budget Service offers economic analyzes of budget policy and templates from the Federal Ministry of Finance.

This provides details on the 2024 budget, the changes to previous years and the development of ongoing budget implementation interactive visualization tool of the budget service. There you will receive a quick and transparent overview of relevant budget data.


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