2023-11-30 05:00:41
Administrative violations can already destroy the existence of associations with legislative proposals – former OGH President Griss and constitutional lawyer Mayer join in the criticism
Vienna (OTS) – Greenpeace sharply criticizes a massive, unconstitutional attack by the governing coalition of the ÖVP and the Greens on basic democratic rights such as the right to demonstrate and on civil society activism. The non-profit reform law, which is presented today and is to be passed in the National Council in mid-December, means that in the future the commission of administrative offenses can destroy the existence of non-profit organizations such as Greenpeace, Volkshilfe, VGT or Fridays for Future. Greenpeace confirms this with a current legal opinion. The former President of the Supreme Court, Irmgard Griss, and the constitutional and administrative lawyer Heinz Mayer also criticize the proposed law.
“It is hardly surprising that the ÖVP party leadership wants to prevent inconvenient democratic protest. However, the fact that the Green Party members of the government are becoming the accomplices of a massive attack on civil society organizations must be strongly condemned. Greenpeace is calling on the Greens in the National Council to pull out the poisonous teeth of the law,” says Greenpeace managing director Alexander Egit, adding:
“Actually, this reform should have only led to improvements for civil society. What we are seeing now is an attack on civil society engagement and democracy through the back door of tax law.”
Irmgard Griss, former President of the Supreme Court, warns: “This law would severely restrict non-profit organizations in their constitutionally guaranteed democratic rights, such as freedom of demonstration and actionist advocacy for social and ecological objectives for society as a whole. The existence of clubs would be at the mercy of tax offices.”
History shows that civil society engagement, especially when it is inconvenient for those in power, often also has legal consequences, said Egit. The environmental movement in Austria can look back on many such historical moments – these include, for example, the occupation of the Hainburg Au in 1984, but also the recent protests to prevent the Lobau Tunnel.
According to the Greenpeace managing director, the Non-Profit Reform Act 2023 would now create a very dangerous legal instrument. If donations were deducted, non-profit organizations would suffer economic losses that would threaten their existence. With the new law, such a withdrawal can take place, among other things, if civil society protest results in corresponding administrative penalties. According to the legislative plans, tax officials would decide, outside of regular court proceedings, whether donations can continue to be deducted due to repeated administrative violations.
In this context, constitutional and administrative lawyer Heinz Mayer criticizes the law as unconstitutional: “The draft law violates the constitution in that a suspensive effect of legal remedies against a decision by the tax office is excluded. The Constitutional Court has already made it clear several times that legal regulations must not result in final burdens or even ones that threaten existence.”
“There is no non-profit organization in Austria that would survive this,” Egit makes serious accusations against the turquoise-green government and calls for a parliamentary amendment to be passed. “If the law is actually voted on in this form in the plenary session of the National Council, then the MPs will have to vote against it – especially those from the Greens, they owe it to their own roots,” demands Egit and adds:
“The Zwentendorf nuclear power plant, the Hainburg Danube power plant or the Lobau tunnel could all be in operation today if the planned legal regulations had already existed back then.”
The fact sheet on the Non-Profit Reform Act can be found here:
https://bit.ly/3RiPEw7
The legal opinion can be found here:
Questions & Contact:
Réka Tercza
Head of press relations
Greenpeace CEE in Austria
Tel.: + 43 (0)664 85 74 59 8
E-Mail: reka.tercza@greenpeace.org
1701322607
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