After the Constitutional Court (VfGH) came to the conclusion last week that the confiscation of cell phones without judicial authorization is unconstitutional, ÖVP Constitutional Minister Karoline Edtstadler is now calling for rapid judicial reforms, especially in the relevant area: “One must be implemented within a few months “The draft is not only available, but also decided,” demands Edtstadler.
Among other things, Edtstadler insists on pushing ahead with the expansion of the rights of the accused. There is already a first step with the 70 million euros earmarked for the reimbursement of legal costs. She expects a proposal from the judiciary “as soon as possible”. From their point of view, “it will have to be the case that the length and complexity of the procedures are taken into account”.
The Constitutional Minister does not want to give up on her wish to establish a ban on citations in non-public investigations, which has so far been rejected by the Justice Minister.
It is crucial for Edtstadler to specify what a quotation ban entails. She is primarily concerned with literal quotations. It is not acceptable for entire interrogation protocols to be read verbatim in the media, said Edtstadler.
Head of instructions: Justice on the move
Edtstadler has not yet given up on the reform of the top brass in the judiciary, which was controversial in the coalition with the Greens, i.e. the introduction of a federal prosecutor. However, she sees it primarily as the judiciary’s turn, because the current proposal only represents their ideas: “It will not be the case in a democracy that the judiciary can choose how the top authority is structured,” says Edtstadler. There needs to be broader integration.
While Edtstadler wants to limit the possibilities of investigators in criminal corruption cases in some areas, she sees room for more powers in the judiciary elsewhere. For Edtstadler, the change in the law regarding the confiscation of cell phones now requested by the VfGH opens up the opportunity to make it easier for investigators to access encrypted communication on appropriate Internet channels. These are measures to counter terrorism. A modern law should be created that enables the security authorities to prevent acts, said Edtstadler.
