VIENNA. The commission of inquiry set up by Justice Minister Alma Zadic (Greens) into alleged negative developments during the term of office of the late department head Christian Pilnacek has presented a 230-page report. The conclusion of commission head Martin Kreutner: The findings confirm all suspicions.
What was the trigger for this investigation?
A secretly recorded dialogue from July 28, 2023, in which Pilnacek describes attempts by National Council President Wolfgang Sobotka to persuade him to “turn off” procedures that were unpleasant for the ÖVP. His postscript: “They can be glad that I’m not saying random things.”
The findings on the justice system – and three approaches to therapy
What were the specific allegations?
Whether unauthorized persons attempted to obtain information or pass it on. Whether (in proceedings) improper influence was exerted and whether there were any irregularities. Whether there were any processes that were incompatible with the compliance rules in the justice system. And whether political parties or persons close to them exerted influence, particularly in the administration of justice.
What period and what facts were highlighted?
The case concerned Pilnacek’s terms of office as Secretary General and Head of Section between 2010 and 2023. Files from the ministry, from investigative committees, a private laptop with many classified files and the audio recording mentioned above were examined. Kreutner also reported on voluntary interviews with more than 60 people, many from the justice administration, as well as “whistleblower” information.
Regarding the conclusions: Why does the Commission speak of a lack of distance between the judiciary and (party) politics?
The former President of the Bavarian Constitutional Court, Peter Küspert, mentioned a meeting between Pilnacek and those accused in the Casag affair. Küspert attributed Pilnacek’s advice to former Finance Minister Gernot Blümel (VP) or confidential information regarding house searches to “pseudo-amic structures”, “cliques” and “political pandering”.
Not all roads led to the VP, said Kreutner. It also affects other parties with “long-term accumulation of power”. Another phenomenon is “the tendency to favor members of one’s own group in closed organizations,” said Küspert. He referred to a chat between OGH Vice President Eva Marek and former Justice Minister Wolfgang Brandstetter (VP).
And the recommendations?
One has been fulfilled and must remain permanent: the division of Pilnacek’s “supersection” of criminal cases and legal matters. Kreutner, who described the majority of the prosecutors as having the highest integrity, suggested a joint declaration of distance from politics.
What was the reason for the “weakening” of the Economic and Corruption Prosecutor’s Office?
In the course of the research, they came across “concrete party-political efforts” to weaken and dismantle the WKStA, the report states. Angelika Prechtl-Marte (head of the Feldkirch regional court) reported on staff shortages, data floods, foreign connections and sometimes “improper influence” in prominent cases. There is also talk of the unresolved tension between administrative and technical supervision and of an informal “leadership circle” in the Ministry of Justice.
And the solution for the WKStA?
First of all, the commission recommends an increase in staff. A “federal bottleneck” is that the Vienna Public Prosecutor’s Office is responsible for the WKStA as the higher authority. This needs to be removed. In order to speed up high-profile cases, it is recommended that the number of prosecutors’ courts be reduced to two. The right to issue instructions should be transferred from the Ministry of Justice to a public prosecutor’s office as a multi-member body.
What does the Minister of Justice say regarding the proposals of the commission she appointed?
Zadic wants to “take the results seriously”. This applies above all to the Attorney General’s Office, which has so far failed because Zadic wants to distribute power in a Senate and the VP wants a single person at the top. The Chancellor’s party will only assess the report following it has been published. As far as the accusation of attempts at political intervention is concerned, VP General Secretary Christian Stocker sees several parties affected.
Author
Lucian Mayringer
Editor Domestic Policy
Lucian Mayringer
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