2023-11-21 22:18:48
Additional 135 positions and significantly more budget for reimbursement of defense costs in the event of acquittals and discontinued cases
Vienna (PK) – With the renewed increase in the justice budget by 15%, the number of permanent positions can be increased by 135, said Justice Minister Alma Zadić when dealing with the issue budget estimate for 2024 in today’s National Council meeting pleased. She also viewed it as a great success that the funds for the so-called defense costs reimbursement, which is provided in the event of acquittals or cases being dropped, were increased from €2.4 million to €70 million. For the first time in 16 years, the fees for court experts would also be adjusted.
In contrast, the opposition still identified a need for action in the department, with personnel problems in prisons, the pending modernization of child support and maintenance law and savings in the judicial support agency being addressed.
More resources for personnel, reimbursement of defense costs, court experts and protection against violence
Since the 2020 estimates, the budget for the judiciary has been gradually increased in order to have sufficient resources for the judiciary, the penal system and areas related to the judiciary such as victim support, adult protection associations, probation services and the data protection authority. According to the Federal Finance Act, there will also be an increase of around €311 million next year. to a total of €2.4 billion. This means that the initiatives that have been introduced can be continued, inflation and salary increases can be covered and new positions can be financed. Specifically, the number of positions will be increased by 135 to 12,516, with the additional positions being allocated to the courts and public prosecutor’s offices (+97), the central office (+28) and the penal system (+10).
A further €70 million is also reserved for the reimbursement of defense costs in the event of acquittals or cases being dropped. For the first time in 16 years there is also more money for court experts, namely an increase of €26.5 million. An additional €15.7 million is budgeted for the digitalization agenda. In addition to the additional payments for staff (salary increases, filling of positions and staff increases) amounting to €100.3 million, there are increases in adult protection and victim support (+€5.3 million) and in the package of measures to protect children and young people Violence with a focus on sexual violence (+€2.0 million) and in prison including the enforcement of measures (+€37.5 million).
As part of the budget accompanying law, €33 million was approved for the rehabilitation and compensation of people who were prosecuted or convicted in the Second Republic for consensual same-sex sexual contacts. For each overturned judgment, a one-off compensation payment of €3,000 is provided. In addition, there is €1,500 for each year of deprivation of liberty. There will also be flat-rate compensation for investigations that have been initiated – and later discontinued – as well as for particular professional, economic or health disadvantages. From 2025 onwards, lower payment caps are planned than in 2024, according to the person currently in negotiations Federal financial framework refer to; According to the Parliamentary Budget Service, this could lead to a need for adjustments.
ÖVP: Solid basis for continuous development of important projects
A modern, reliable constitutional state is needed, emphasized MP Michaela Steinacker (ÖVP), who went into more detail about the priorities of the justice budget. The additional €310 million could be used to continuously develop important projects in the areas of law enforcement, jurisprudence, judicial administration and prisons. For example, fully electronic process management is the order of the day. Furthermore, sufficient funds would be made available for the reimbursement of defense costs, the expansion of prisons, the enforcement of measures and protection against violence. Maria Smodics-Neumann (ÖVP) praised the adjustment of the fees for the court experts, while Klaus Fürlinger (ÖVP) discussed the declining income from court and land registry fees.
Greens: Increase the justice budget by 50% since 2019 and strengthen the rights of victims of violence
Since 2019, the justice budget has increased continuously and by a total of 50%, emphasized MP Agnes Sirkka Prammer (Greens). It was also urgently necessary to make more resources available for both human and technical infrastructure. At the same time, Prammer emphasized that it was possible to strengthen the rights of victims, especially in the area of protection against violence (e.g. expansion of violence protection clinics). She viewed the agreement to rehabilitate and financially compensate all people who were prosecuted or convicted in the Second Republic for consensual homosexual acts as extremely positive. Her parliamentary group colleague Georg Bürstmayr particularly spoke about reimbursement of defense costs in criminal proceedings. It is a “blatant injustice” that those affected are “left with their own money” if the proceedings are acquitted or the proceedings are discontinued. He therefore expressly supports the Minister of Justice in her desire to clarify this issue during the current legislative period.
SPÖ: Basic agreement, but further reform steps necessary
MP Selma Yildirim generally praised the successive budget increases in the justice sector and the good cooperation with Minister Zadić. It was important to her that major reform projects such as the establishment of a federal public prosecutor who was not subject to instructions were pushed forward even further. Harald Troch (SPÖ) looked at the equipment in prisons, which should now be improved. However, there are still weak points, namely when it comes to recruiting the positions to be filled. More specialist staff also need to be brought into the enforcement of measures. Muna Duzdar (SPÖ) campaigned for better accessibility to the courts, which had been restricted for many years. In her opinion, the personnel problems there have primarily to do with the working conditions and the poor pay of the clerks. Ruth Becher (SPÖ) was disappointed that there would be no reform of tenancy law again.
FPÖ is again calling for compensation in connection with Corona penalties
There is no reason to celebrate, said MP Harald Stefan (FPÖ), since the state is in massive debt due to the increase in funding for almost all departments. It is pleasing, however, that a long-standing demand of the FPÖ is being implemented with the budgeting of the defense attorney’s costs. Once again he complained that no compensation was provided for those people who had to suffer psychological, physical or financial damage due to illegal Covid regulations. He also submitted a corresponding proposal. Christian Ragger (FPÖ) once again advocated – also in the form of a motion for a resolution – the inclusion of prison inmates in statutory health insurance. A motion for a resolution presented by Christian Lausch (FPÖ) aimed at concluding state treaties for criminals convicted in Austria to serve prison sentences in their home countries. He was also convinced that a lot of money could be saved with the “extremely expensive” judicial support agency.
NEOS: Modernization of various legal matters still pending
Johannes Margreiter (NEOS) admitted that there had been some improvement in the justice sector. Above all, the increase in permanent positions will be good for the quality of the judiciary. He also expressly welcomed the budget approach for reimbursement of defense costs for all those people who were acquitted or whose cases were dropped. However, some points in the government program were not addressed, criticized Margreiter. As examples, he cited the abolition of the principle of fault in divorce law, the reorganization of child custody law and the clarification of the question of dual residence.
Zadić: The resilience of the judiciary will be ensured beyond the legislative period
Justice Minister Alma Zadić said that the current 2024 budget will ensure the functioning of a stable constitutional state even beyond the current legislative period and prevent possible crises from arising in the first place. Since a strong and independent judiciary is one of the main pillars of democracy, sufficient resources must be made available for this. The continuous increase in budgets over the last four years would have led to more resilient structures, which is also reflected in the current budget draft. Since she took office, over €800 million has been distributed additionally and a total of 650 new positions have been created, the minister emphasized. Next year there will be, among other things, 30 additional positions for judges and 20 for legal staff. There can therefore no longer be any talk of a “silent death of justice”.
In particular, Zadić pointed out that the government was able to agree on sufficient funds for the planned implementation of violence clinics. She thinks it is very important that there are places where traces of violent injuries can be examined and “held in court”. From their point of view, a major step forward is the rehabilitation and compensation of all those people who were prosecuted or convicted of homosexual acts in the Second Republic. She apologized for this injustice several years ago on behalf of the judiciary. She sees the compensation as an acceptance of responsibility by the state and an important symbolic gesture. She also mentioned the increase in expert witness fees, which have not been adjusted since 2007. Discussions are still ongoing with the Bar Association regarding the specific implementation of the reimbursement of defense costs, which is now budgeted at €70 million instead of €2.4 million. (Continuation of the National Council) sue
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