COMMISSION STAFF WORKING DOCUMENT 2024 Rule of Law Report Country Chapter on the rule of law situation in Austria Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2024 Rule of Law Report The rule of law situation in the European Union
Date: 2024-07-24
Institutions: European Commission, Secretariat-General
Subjects: Austria, administrative transparency, corruption, democracy, freedom of the press, independence of the judiciary, infringement of EU law, pluralism in the media, rule of law, whistleblowing

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 24.7.2024  SWD(2024) 820 final  COMMISSION STAFF WORKING DOCUMENT 2024 Rule of Law Report    Country Chapter on the rule of law situation in Austria Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2024 Rule of Law Report          The rule of law situation in the European Union {COM(2024) 800 final} - {SWD(2024) 801 final} - {SWD(2024) 802 final} - {SWD(2024) 803 final} - {SWD(2024) 804 final} - {SWD(2024) 805 final} - {SWD(2024) 806 final} - {SWD(2024) 807 final} - {SWD(2024) 808 final} - {SWD(2024) 809 final} - {SWD(2024) 810 final} - {SWD(2024) 811 final} - {SWD(2024) 812 final} - {SWD(2024) 813 final} - {SWD(2024) 814 final} - {SWD(2024) 815 final} - {SWD(2024) 816 final} - {SWD(2024) 817 final} - {SWD(2024) 818 final} - {SWD(2024) 819 final} - {SWD(2024) 821 final} - {SWD(2024) 822 final} - {SWD(2024) 823 final} - {SWD(2024) 824 final} - {SWD(2024) 825 final} - {SWD(2024) 826 final} - {SWD(2024) 827 final} - {SWD(2024) 828 final} - {SWD(2024) 829 final} - {SWD(2024) 830 final} - {SWD(2024) 831 final}  
 
 
ABSTRACT 

The  level  of  perceived  judicial  independence  in  Austria  continues  to  be  very  high  and  the 
justice system performs efficiently. While recent reforms of the appointment systems for the 
Supreme  Court  president  and  candidate  judges  are  being  implemented,  no  steps  have  been 
taken to ensure the involvement of the judiciary in the appointments of administrative court 
(vice-)  presidents,  with  the  long  delay  before  appointing  the  president  of  the  Federal 
Administrative Court highlighting continued concerns. The planned reform of the prosecution 
service  has  not  advanced  as  no  political  agreement  has  been  found  to  take  forward  the 
proposals  made  by  an  expert  group.  An  independent  committee  set  up  to  investigate 
allegations of attempted political influence on the judiciary presented its final report, finding 
that  concrete  attempts  to  influence  investigations  had  occurred.  Reporting  obligations  for 
prosecution offices facing the highest reporting burden remain unchanged and the power of 
the  Minister  of  Justice  to  issue  instructions  to  prosecutors  in  individual  cases  in  practice 
continues  to  be  used  in  practice.  The  high  level  of  digitalisation  of  justice  continues  to 
advance, and further resources have been allocated to the justice system. Certain challenges 
exist  in  terms  of  access  to  justice  linked  to  high  court  fees  and  as  regards  access  to  legal 
advice in administrative cases, with some steps being taken that aim to address the latter.  

A new National Anti-Corruption Strategy and the 2023-2025 Action Plan were adopted. The 
Federal  Act  amending  the  Criminal  Code  in  the  area  of  anti-corruption  entered  into  force, 
notably  extending  criminal  liability  in  corruption  cases.  Investigations  in  high-level 
corruption cases are proceeding while prosecutors experience particular attention with regard 
to specific cases. Two parliamentary investigative committees have examined allegations of 
corruption  concerning  political  parties.  There  are  no  plans  to  introduce  rules  on  assets  and 
interests’  disclosure  for  members  of  Parliament,  while  the  Federal  Chancellery  has  started 
working on an asset declaration system and a Code of Conduct for Ministers. The lobbying 
framework  remains  limited  in  scope  and  no  steps  have  been  taken  to  strengthen  it.  .  The 
resources  of  the  Court  of  Audit  have  been  strengthened  to  perform  its  reinforced  role  as 
independent  external  auditor.  Some  steps  have  been  taken  to  introduce  rules  on  ‘revolving 
doors’ for members of Government. 

The  media  regulator  continues  to  function  independently  and  the  funding  for  the  Press 
Council has been increased. A new law on funding of quality journalism in print and online 
media has been adopted with first funds having been disbursed, while the establishment of a 
journalist school owned by the state still draws criticism. The impact of the new law on the 
transparency of the allocation of state advertising will still need to be seen in practice, notably 
on the issue of fair distribution of resources. A judgment  of the Constitutional  Court found 
the rules on the management bodies of the public service broadcaster to be unconstitutional. 
Austria  adopted  a  Freedom  of  Information  Act  for  the  access  to  official  documents  in 
February  2024.  Challenges  remain  regarding  the  safety  of  journalists,  online  as  well  as 
offline, with the Government planning to enhance training and awareness-raising.  

Efforts to enhance participatory policy-making processes continue. The Ombudsperson Board 
continues  to  operate  independently  and  has  expanded  its  dialogue  with  civil  society. 
Considerable  delays  in  the  appointments  to  high-level  positions  in  independent  authorities 
have  continued.  There  have  been  improvements  in  the  operating  space  for  civil  society, 
particularly through a reform of the tax framework for non-profit organisations. 

1 

 
 
RECOMMENDATIONS 

Overall,  concerning  the  recommendations  in  the  2023  Rule  of  Law  Report,  Austria  has 
(made): 

•  No progress on addressing the need for involvement of the judiciary in the procedures for 
appointment  of  court  presidents  of  administrative  courts,  taking  into  account  European 
standards on judicial appointments and the selection of court presidents.  

•  No  further  progress  on  taking  forward  the  reform  to  establish  an  independent  Federal 
Prosecution  Office,  taking  into  account  European  standards  on  the  independence  and 
autonomy  of  the  prosecution,  including  to  ensure  the  independent  operation  of  the 
specialised anti-corruption prosecution. 

•  No  progress  on  introducing  effective  rules  on  assets  and  interests’  declaration  for 
Members of Parliament, including effective monitoring and sanctioning mechanisms. 
•  No progress on adopting legislation to strengthen the framework on lobbying, including 

on its scope, supervision and enforcement. 

•  Some further progress on taking steps to reform the framework for the allocation of state 
advertising by public authorities at all levels, in  particular to improve the fairness of its 
distribution.  

•  Fully  implemented  the  recommendation  on  advancing  with  the  reform  on  access  to 
official  information  taking  into  account  the  European  standards  on  access  to  official 
documents.  

On this basis, and considering other developments that took place in the period of reference, 
it is recommended to Austria to: 

•  Address  the need for involvement  of the judiciary in  the procedures  for  appointment of 
court  presidents  of  administrative  courts,  taking  into  account  European  standards  on 
judicial appointments and the selection of court presidents.  

•  Take  forward  the  reform  to  establish  an  independent  Federal  Prosecution  Office,  taking 
into account European standards on the independence and autonomy of the prosecution, 
including  to  ensure  the  independent  operation  of  the  specialised  anti-corruption 
prosecution. 
Introduce effective rules on assets and interests’ declaration for Members of Parliament, 
including effective monitoring and sanctioning mechanisms.  

• 

•  Adopt  a  legislative  proposal  to  strengthen  the  framework  on  lobbying,  including  a 

transparency register.  

•  Take  steps  to  ensure  proper  implementation  and  enforcement  as  regards  the  fair 

distribution of state advertising.  

2 

 
 
I. 

JUSTICE SYSTEM  

The Austrian justice system has two separate branches. The ordinary jurisdiction consists of 
113  district  courts,  20  regional  courts,  four  higher  regional  courts  and  the  Supreme  Court. 
Austria  also  has  a  separate  administrative  court  system  with  eleven  first-instance 
administrative  courts  (nine  regional  administrative  courts,  one  federal  administrative  court 
and the finance court) and the Supreme Administrative Court1. The Constitutional Court, i.a. 
ensures the review of the constitutionality of federal and regional laws and of the legality of 
decrees2. Judicial appointments are made by the executive based on non-binding proposals by 
staff panels composed of judges3 or plenary assemblies of a court, which draw up a ranked 
list of three candidates for each post4. The Prosecution Service is a judicial authority set up in 
a hierarchical structure under the supervision of the Minister of Justice, who can issue both 
general instructions and instructions in individual cases5. Austria participates in the European 
Public  Prosecutor’s  Office  (EPPO).  Lawyers  are  registered  in  one  of  the  nine  local  bar 
associations, which are public law corporations and autonomous self-governing bodies, with 
the Federal Bar Association as an umbrella organisation6. 

Independence  

The level of perceived judicial independence in Austria continues to be very high among 
both the general public and companies. Overall, 82% of the general population and 77% of 
companies  perceived  the  level  of  independence  of  courts  and  judges  to  be  ‘fairly  or  very 
good’ in  20247. The perceived judicial independence  among  the general  public has  slightly 
decreased  in  comparison  with  2023  (83%),  as  well  as  with  2020  (86%).  The  perceived 
judicial  independence  among  companies  has  decreased  in  comparison  with  2023  (80%), 
although it remains higher in comparison with 2020 (73%)8. 

1   Several  of  the  district  and  regional  courts  are  specialised  courts.  This  structure  does  not  necessarily 
correspond to the appeals instances. See CEPEJ (2024), Study on the functioning of judicial systems in the 
EU Member States. 

2   For the tasks of the Constitutional Court see Federal Constitutional Law, §§ 137-148.  
3   Staff panels exist at regional and higher regional courts, the Supreme Court and administrative courts and the 
staff panels at the regional courts are also responsible for proposals for district courts. Staff panels include 
the president, vice-president and three to five other members of the court, which are elected by their peers. 
Constitution Art. 87 paras. 2-3 and Service Act for Judges and Public Prosecutors §§ 25 to 49.  

4   Before  becoming  an  ordinary  court  judge,  candidates  must  first  apply  to  a  post  for  a  candidate  judge  and 
complete a traineeship (usually four years). Candidate judges are appointed by the executive on proposal of 
the  external  senates  at  the  Higher  Regional  Courts. After  completing  the  traineeship,  they  can  apply  for  a 
vacant  post  in  accordance  with  the  procedure  described  above.  Service  Act  for  Judges  and  Public 
Prosecutors, §§ 1 to 24. There is no judicial review of appointment decisions.  

5   Public Prosecutors Act, §§ 8, 8a, 29-31.  
6   Lawyers Code, Chapters III and V.  
7   Figures 51 and 53, 2024 EU Justice Scoreboard and Figures 50  and 52, 2022 EU Justice Scoreboard. The 
level  of  perceived  judicial  independence  is  categorised  as  follows:  very  low  (below  30%  of  respondents 
perceive judicial independence as fairly good and very good); low (between 30-39%), average (between 40-
59%), high (between 60-75%), very high (above 75%). 

8   70% of the companies in Austria are either fairly or very confident that their investments are protected by the 
law  and  courts  in  the  Member  State.  Only  14%  of  the  surveyed  companies  see  the  quality,  efficiency  or 
independence of justice as one of the main reasons for concern about investment protection in the country. 
Figures 55 and 56, 2024 EU Justice Scoreboard. 

3 

 
 
There  was  no  progress  on  addressing  the  need  for  involvement  of  the  judiciary  in  the 
appointments  of  administrative  court  (vice-)presidents,  and  the  long  delay  before 
appointing the Federal Administrative Court president highlighted continued concerns. 
The 2023 Rule of Law Report recommended to Austria to ‘address the need for involvement 
of the judiciary in the procedures for appointment of court presidents of administrative courts, 
taking  into  account  European  standards  on  judicial  appointments  and  the  selection  of  court 
presidents’9.  Despite  the  recommendations  to  ensure  systematic  judicial  involvement,  also 
mirrored  in  GRECO  recommendations10  and  by  stakeholders11,  so  far  no  steps  have  been 
taken  to  reform  the  system12.  The  conference  of  chairpersons  of  administrative  courts,  an 
informal  body  bringing  together  the  presidents  of  the  eleven  first  instance  administrative 
courts, has started reflections on this topic in view of examining requirements under Article 6 
of the European Convention on Human Rights and Article 47 of the Charter of Fundamental 
Rights  of  the  EU,  although  no  concrete  details  have  been  made  public  at  this  stage13. 
According  to  national  law,  existing  experience  as  an  administrative  court  judge  is  not  a 
condition for appointment to the post of (vice-)president. This means that the appointment as 
court  president  can  also  serve  as  the  initial  appointment  as  a  judge,  despite  following  a 
different  procedure14.  Given  the  powers  and  duties  of  court  (vice-)presidents15,  who  – 
especially  in  the  case  of  vice-presidents  –  also  adjudicate  cases16,  this  raises  concerns  also 
with  respect  to  European standards17. According to  Council of Europe recommendations, if 
the executive takes decisions regarding the selection of judges, an independent and competent 
authority  drawn  in  substantial  part  from  the  judiciary  should  be  authorised  to  make 
recommendations  or  express  opinions  that  the  executive  follows  in  practice18.  No  specific 
possibility of judicial review for appointment procedures exists, with a recent appointment of 
the  president  of  the  regional  administrative  court  of  Tyrol  having  been  unsuccessfully 
challenged  in  court  under  general  anti-discrimination  legislation19.  The  problems  in  the 

9   In 2023, the Commission concluded that ‘no progress’ had been made on this aspect of the recommendation 
addressed in the 2022 Rule of Law Report. 2023 Rule of Law Report, Country Chapter on the rule of law 
situation in Austria, p. 2.  

10   GRECO Fourth Evaluation Round – Second Compliance Report, recommendation xi.  
11   Contribution from the Association of European Administrative Judges  – Austria for the 2024 Rule of Law 
Report,  pp.  11-13.  See  also  Association  of  Austrian  Administrative  Judges,  Appointment  procedures  for 
(vice-)presidents of regional administrative courts in comparison with European standards. 

12   Input from Austria for the 2024 Rule of Law Report, p. 3.  
13   Input  from  Austria  for  the  2024  Rule  of  Law  Report  p.  3;  Written  contribution  from  the  regional 

administrative courts in the context of the country visit to Austria.  

14   According to Article 134 of the Austrian Constitution, for the appointment of ordinary administrative court 
judges  a  proposal  of  three  candidates  needs  to  be  provided  by  the  assembly  of  the  courts’  judges  or  a 
committee selected from among its members (but the article expressly exempts (vice-)presidents from this). 
15   Presidents  in  certain  regions  are  also  subject  to  instructions  from  the  executive  regarding  certain 
management  functions.  Consultative  Council  of  European  Judges,  CCJE-BU(2019)3,  29  March  2019. 
Contribution from the Association of European Administrative  Judges  – Austria for the 2024 Rule of Law 
Report, p. 13. 

16   As further explained in the 2023, 2022, 2021 and 2020 Rule of Law Reports, Country Chapter on the rule of 
law situation in Austria, pp. 4-5 (for 2023), pp. 4-5 (for 2022), pp. 4-5 (for 2021) and pp. 2-3 (for 2020).  
17   CCJE  Opinion  No.  19  (2016)  on  the  role  of  court  presidents,  para.  38,  and  Recommendation 
CM/Rec(2010)12  of  the  Committee  of  Ministers  of  the  Council  of  Europe  to  member  states  on  judges: 
independence, efficiency and responsibilities, para. 47. 

18   Recommendation  CM/Rec(2010)12  of  the  Committee  of  Ministers  of  the  Council  of  Europe  to  member 

states on judges: independence, efficiency and responsibilities, para. 47. 

19   The  regional  administrative  court  of  Tyrol,  which  heard  the  case,  did  not  find  any  violation  of  anti-
discrimination  legislation  in  the  appointment  procedure.  ORF  (29  March  2024),  Regional  Administrative 
Court – Debated president appointment confirmed.  

4 

 
 
current system have been further highlighted by the considerable delay in the appointment of 
a new president of the Federal Administrative Court, which took around 14 months and was 
concluded  only  in  January  2024,  even  though  the  expert  commission  involved20  had 
presented  a  list  of  three  candidates  already  in  2022.  This  delay  has  been  criticised  by 
stakeholders from both the judiciary and civil society21, not only for its possible impact on the 
operation  of  the  only  first  instance  court  in  federal  administrative  matters,  but  also  for 
accentuating  the  risk  that  the  decision  is  attributed  to  politicisation22.  Taking  into  account 
persistent  concerns  and  the  lack  of  steps  taken,  there  has  been  no  progress  on  the 
recommendation made in the previous years.  

Recent reforms of the appointment systems for the Supreme Court (vice-) president and 
candidate  judges  are  being  implemented,  with  positive  feedback  from  stakeholders. 
Following the adoption of a reform in December 2022 introducing judicial involvement in the 
appointment procedure23, a new Supreme Court president and vice-president were appointed 
and took office in January 202424. Stakeholders, including the Supreme Court itself, assessed 
the  implementation  of  the  new  system  in  positive  terms25.  In  a  similar  manner,  the 
implementation  of  the  reform  adopted  in  December  2022,  strengthening  the  formal 
involvement of judicial bodies in the appointment of candidate judges26, has been positively 
evaluated27. An evaluation will be carried out, once more experience with the new system has 
been gathered28. Similarly to these recent reforms, prosecutors advocate for a reform ensuring 
that proposals for appointments of prosecutors are made by a panel composed in majority of 
members of the judiciary29, which could further improve the perceived independence of the 
prosecution service30. 

There  has  been  no  further  progress  on  the  reform  of  the  prosecution  service,  with  no 
political agreement to take forward the proposals of an expert group made in 2022. The 
2023 Rule of Law Report recommended to Austria to ‘take forward the reform to establish an 

20   The Commission had been composed of two representatives of the competent Ministry for Civil Service, two 
representatives  of  academia  and  the  presidents  of  the  Constitutional  Court,  the  Supreme  Administrative 
Court and the Supreme Court or a person mandated by them.  

21   Contributions  from  the  CCBE  – Austria,  pp.  13-14,  the Association  of  European Administrative  Judges  – 
Austria,  pp.  11-13  and  the Association  of  Judges,  p.  10  for  the  2024  Rule  of  Law  Report.  Franet  (2024), 
Country  research  -  Legal  environment  and  space  of  civil  society  organisations  in  supporting  fundamental 
rights – Austria, p. 18. See also the statement of the four upper regional court presidents (13 July 2023), i.a. 
in response to the 2023 Rule of Law Report, calling on a swift reappointment.  

22   Joint statement by Amnesty International Austria, epicenter.works, Ökobüro und asylkoordination österreich 

on appointment at the Federal Administrative Court.  

23   This followed up on the recommendation made in the 2022 Rule of Law Report to  involve the judiciary in 
the  procedures  for  appointment  of  the  president  and  vice-president  of  the  Supreme  Court,  which  the 
Commission  concluded  to  have  been  fully  implemented  on  this  point  in  2023.  2023  Rule  of  Law  Report, 
Country Chapter on the rule of law situation in Austria, p. 2-4.  

24   Supreme Court (2 January 2024), New President and Vice-President.  
25   Written  contribution  from  the  Supreme  Court  in  the  context  of  the  country  visit  to  Austria;  information 

received from the Association of Judges in the context of the country visit to Austria.  
26   2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, pp. 5-6.  
27   Information received from the Association of Judges in the context of the country visit to Austria.  
28   Information received from the Ministry of Justice and the Association of Judges in the context of the country 

visit to Austria.  

29   The staff panel making proposal for appointments is composed of two prosecutors and two representatives of 

the Ministry of Justice. §182, Judge and Public Prosecution Service Act.  

30   Contribution  from  the  Austrian  Association  of  Prosecutors  for  the  2024  Rule  of  Law  Report,  p.  8. 
Information received from the Association of Prosecutors in the context of the country visit to Austria.  

5 

 
 
independent  Federal  Prosecution  Office,  taking  into  account  European  standards  on  the 
independence  and  autonomy  of  the  prosecution,  including  to  ensure  the  independent 
operation of the specialised anti-corruption prosecution’31. As already noted in the 2023 Rule 
of  Law  Report,  while  a  high-level  expert  group  presented  a  model  for  such  a  reform  in 
September  2022,  the  situation  remains  unchanged32,  as  no  political  agreement  within  the 
Government coalition was found so far33. Open issues between the coalition partners concern 
particularly the type of body within the prosecution service that should be empowered to give 
instructions  to  prosecutors  in  individual  cases  (either  in  the  form  of  senates  of  three 
prosecutors or  a single  Prosecutor General),  and the question of parliamentary  control over 
the  Prosecutor  General34.  According  to  Council  of  Europe  recommendations,  regular 
reporting of the prosecution service should not extend to an obligation to report to Parliament 
on  the  details  of  individual  cases35.  Stakeholders  continue  to  underline  the  importance  of  a 
reform  that  would  meaningfully  enhance  the  independence  of  the  prosecution  service36. 
Given  the  need  for  a  two-thirds  majority  in  Parliament  for  the  required  constitutional 
amendments,  it  is  considered  unlikely  that  such  a  reform  will  be  taken  forward  under  the 
current Government37. Therefore, no further progress has been made on the recommendations 
made in the previous years.  

An independent committee set up by the Ministry of Justice to investigate allegations of 
attempted  political  influence  on  the  judiciary  presented  its  final  report  in  July  2024, 
finding  that  concrete  attempts  to  influence  investigations  had  occurred.  In  December 
2023,  the  Ministry  of  Justice  set  up  an  independent,  multi-disciplinary  investigative 
committee to  look  into allegations of attempted political  influence on the  judiciary, chaired 
by  an  international  anti-corruption  expert  and  composed  of  a  team  with  members  from 
academia,  the  judiciary  and  experts  in  compliance  matters38.  This  follows  the  revelation  of 
secret  recordings  of  a  high-ranking  former  official  in  the  Ministry  of  Justice,  in  which  he 
influence  concrete  ongoing 
appeared 

to  be  discussing  attempts  by  politicians 

to 

31   In  2023,  the  Commission  concluded  that  ‘no  further  progress’  had  been  made  on  the  recommendation 
addressed in the 2022 Rule of Law Report. 2023 Rule of Law Report, Country Chapter on the rule of law 
situation in Austria, p. 2.  

32   Input from Austria for the 2024 Rule of Law Report, p. 3. 
33   2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, pp. 6-7.  
34   According to the expert group, parliamentary control should be possible for administrative matters and cases 
that have been concluded, but not for ongoing cases, which should be subject only to review by the courts. 
2023 Rule of Law Report, Country Chapter on the rule of law situation, pp. 6-7.  

35   Venice  Commission Opinion CDL-AD(2022)032, para.  23. More generally, as regards European standards 
for  the  prosecution  service,  see  in  particular  Recommendation  CM/Rec(2000)19  of  the  Committee  of 
Ministers  of  the  Council  of  Europe on  the  Role  of  Public Prosecution  in  the  Criminal  Justice  System  and 
Venice  Commission  CDLAD(2010)040-  e,  Report  on  European  Standards  as  regards  the  Independence  of 
the Judicial System: Part II - the Prosecution Service. 

36   Contributions  from  the  Association  of  Prosecutors  (p.  8),  the  Association  of  Judges  (p.  10)  and  the 
Procurator  General  (p.  8)  for  the  2024  Rule  of  Law  Report.  Information  also  confirmed  by  Transparency 
International Austria, the anti-corruption citizens’ initiative and Forum Informationsfreiheit in the context of 
the country visit to Austria.  

37   Information  received  from  the  Ministry  of  Justice,  the  Prosecution  Service  and  the  Association  of 

Prosecutors in the context of the country visit to Austria.  

38   In  addition  to  the  chair,  the  committee  has  six  members  –  two  members  representing  the  judiciary,  one 
representing  the  prosecution  service,  one  representing  compliance  and  administration  of  justice,  one  from 
academia and one representing an international perspective, from the German judiciary.  Ministry of Justice 
(2023), Investigative Commission.  

6 

 
 
investigations39.  The  committee  was  tasked  to  review  prosecutorial  proceedings  between 
January  2010  and  December  2023  where  there  are  suspicions  of  possible  influence  by  a 
political party or persons close to it. It has analysed whether unauthorised persons sought or 
actually received information, whether influence was exerted in a non-objective manner, and 
whether proceedings were compatible with applicable compliance standards40. Stakeholders, 
including representatives of the prosecution services who have  already been interviewed by 
the committee, have welcomed this process, and have indicated that its results might further 
highlight the need for reform of the prosecution service41. The final report of the committee 
was submitted to the Ministry of Justice on 14 July 2024 and concludes that interventions and 
influence  on  the  flow  of  information  had  taken  place  in  all  areas  examined42.  The  expert 
commission  considers  that  these  findings  further  underline  the  need  for  a  reform  of  the 
prosecution service (see above)43. 

Despite a decree aimed at reducing reporting obligations, these remain unchanged for 
prosecution offices facing the highest reporting burden. As noted in the 2023 Rule of Law 
Report44,  a  decree  on  reporting  obligations  for  the  prosecution  services  had  been  under 
preparation  in  the  Ministry  of  Justice  and  entered  into  force  on  10  December  202345.  It 
reduces the reporting obligations in specific matters such as out-of-court settlements or with 
respect to groups of cases and information reporting, adding to previously reported46 efforts 
to reduce reporting obligations of Public Prosecutors’ Offices as much as possible within the 
existing  legislative  framework47.  However,  this  does  not  relax  the  reporting  obligations  for 
those prosecution services faced with the highest reporting burden, such as the Central Public 
Prosecutor’s Office for Combating Economic Crimes and Corruption (WKStA), as a revision 
of the legislative framework would be necessary to change reporting obligations in cases of 
special public interest due to the nature of the crime or the function of suspect in public life, 
which constitute the majority of its work48.  

39   Der Standard (21 November 2023), Secretly recorded Pilnacek conversation heavily implicates Sobotka and 

ÖVP. 

40   The  committee  will  examine  case  files,  interview  prosecutors,  supervising  authorities  and  political  actors, 
and make comparisons with international standards and best practices. A whistleblowing channel (including 
for  anonymous  reports)  to  report  to  the  committee  also  been  created.  Ministry  of  Justice  (2023), 
Investigative Commission.  

41   Information  received  from  the  Senior  Prosecutors’  Office  Vienna,  the  WKStA  and  the  Association  of 

Prosecutors in the context of the country visit to Austria.  

42   Der Standard (15 July 2024), Pilnacek Commission sees ‘two class’ justice in Austria. The full report is set 

to be published shortly.  

43   Ibid.  
44   2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 7.  
45   Prosecution  services  have  written  reporting  obligations  to  higher  prosecution  offices  and  ultimately  to  the 
Ministry of Justice - Input from Austria for the 2024 Rule of Law Report, p. 4. Decree of 27 November 2023 
to amend the decree of 12 June 2021 on the new regulation of the prosecutorial reporting obligations.  

46   2023 Rule of Law Report, Country Chapter on the rule of law situation, p. 7.  
47   This is also reflected in the decrease of reports on intended further steps: While in 2019 Public Prosecutors’ 
Offices  filed  712  reports  on  intended  further  steps,  the  number  decreased  to  414  in  2023.  Written 
contribution from Austria.  

48   These obligations are set out in the §8 Public Prosecutors Act. The limits of reducing reporting obligations 
by decree is also acknowledged in the 2023 decree’s explanatory memorandum. Information received from 
the WKStA and the Association of Prosecutors in the context of the county visit to Austria. A further relief of 
regular reporting obligations of the WKStA and Corruption (as well as other Public Prosecutors’ Offices) to 
the  Senior  Public  Prosecutor’s  Office  and  the  Ministry  of  Justice  could  only  be  achieved  through  an 
amendment of the Public Prosecutors Act by Parliament. 

7 

 
 
The  power  of  the  Minister  of  Justice  to  issue  instructions  to  prosecutors  in  individual 
cases  continues  to  be  used  in  practice,  while  members  of  the  Council  of  Directives 
consulted on these instructions operate with an expired mandate. The Minister of Justice 
issued  instructions  in  individual  cases  in  27  instances  in  202349.  The  annual  Report  on 
instructions for 2021, submitted to Parliament only in December 2023, additionally reported 
on  31  instructions  in  individual  cases  between  2014-2021  including  one  instruction  not  to 
prosecute50,  while  the  2022  Report,  submitted  to  Parliament  in  June  2024,  reported  on  21 
instructions  in  individual  cases  between  2016-2022,  including  also  one  instruction  not  to 
prosecute51.  The  independent  Council  of  Directives,  an  advisory  body  to  the  Minister  of 
Justice that issues non-binding opinions on all instructions in individual cases, is chaired ex-
officio by the Procurator General52, with its other members and alternates being appointed by 
the Federal President on the proposal of the Government, which have been operating on an 
expired  mandate  since  the  end  of  202253.  While,  as  foreseen  in  the  relevant  law,  the  legal 
protection  officer  had  submitted  proposals  for  new  candidates  for  these  posts  already  in 
December 202254, the Government has not yet been able to proceed with the appointments, as 
no political agreement has been found so far55. 

Quality  

Further  resources  have  been  allocated  to  the  justice  system  and  the  Government  has 
launched  several  initiatives  to  attract  more  court  staff.  The  trend  from  past  years  of 
increasing  resources  for  the  judiciary  has  continued,  with  an  additional  EUR  311  million 
allocated in 202456 and 135 new posts included in the 2024 staff plan, out of which 30 are for 

49   Written  contribution  from  the  Council  for  Directives  in  the  context  of  the  country  visit  to  Austria. 
Instructions by the Minister of Justice must be reasoned, issued in writing and attached to the case file. They 
can include instructions not to prosecute (a decision not to prosecute can be appealed). For a comparative 
overview  of  Member  States  where  Ministers  of  Justice  can  issue  instructions  to  prosecutors  in  individual 
cases, see Figure 55, 2020 EU Justice Scoreboard.  

50   Report on Instructions 2021.  
51   Report on Instructions 2022; in each case, the Report only covers cases already concluded at the time of its 

publication.   

52   The Procurator General is the Prosecutor at the Supreme Court but has no hierarchical function within the 
Prosecution Service. A new Procurator General was appointed in November 2023, following the retirement 
of the previous Procurator General, and since then chairs the Council on Directives.  

53   The  members  are  appointed  by  the  President  on  a  proposal  from  the  Government  (following  a  list  of 
candidates submitted by the legal protection officer in consultation with the Presidents of the Constitutional 
Court,  the  Supreme  Court  and  the  Supreme  Court)  for  a  seven-year  term;  the  current  members  were 
appointed  in  January  2016.  According  to  the  law,  they  continue  to  exercise  their  function  until  a  new 
member is appointed. §29b Public Prosecutors Act. Information received from the Council for Directives in 
the context of the country visit to Austria.  

54   Austrian Ministry of Justice (2023), Reply to Parliamentary Question 15859/J-NR/2023. 
55   According to §29b point 4 of the law, the  members and their alternates should have a special expertise in 
criminal and criminal procedural law and least 15 years of relevant professional experience. Currently, the 
two other members are one retired former Procurator General and one representative of academia. Written 
contribution from the Ministry of Justice in the context of the country visit.  

56   Input from Austria for 2024 Rule of Law Report, p. 5. These, among others, cover the increased personnel 
costs  due  to  wage  increases,  linked  to  inflation,  as  well  as  the  filling  of  vacant  and  new  positions. 
Furthermore,  the  budget  reflects  the  general  price  increases  and  legal  measures  (for  example  increase  in 
compensations according to the fee claim act, significant increase in contributions to the costs of defence in 
criminal  proceedings  and  compensation  payments  for  people  who  have  been  prosecuted,  convicted  or 
imprisoned for consensual same-sex sexual contact). 

8 

 
 
judges, 25 for trainee judges, 4 for public prosecutors and 44 for court staff57. Stakeholders 
are generally satisfied with the available resources58, though recruitment challenges for court 
staff  have  been  reported59.  To  address  this,  the  Ministry  of  Justice  has  taken  a  number  of 
initiatives to fill vacancies and strengthen long-term loyalty of judicial employees, including 
a widespread advertising campaign, an apprenticeship  campaign, creation of a career portal 
for the judiciary, increasing flexible working arrangements and providing for a performance-
related remuneration60. As a result, a majority of the posts for court staff could be filled by 
the end of 202361. At the Federal Finance Court, where specific challenges were identified in 
the past62, the process continues to fill existing vacancies (at the end of 2023, 42 out of 224 
judges’ posts were vacant), with 13 new judges having already taken up duties in 2024, while 
a call for 13 further judges has been launched63. While, in line with recommendations of the 
Austrian Court of Audit, 20 positions for administrative staff were added and these posts start 
to be filled64, the ratio of court staff to judges remains low compared to other courts, meaning 
that  judges  have  to  devote  more  resources  to  non-core  tasks65.  The  requirement  of  an 
approval of the Minister of Finance for the publication of any vacancy at the Federal Finance 
Court remains unchanged, reportedly delaying the process further66. 

The overall level of digitalisation of justice remains high, with the implementation of the 
‘Justice  3.0’  initiative  further  progressing.  Digitalisation  of  justice  continues  to  be  at  a 
high level, particularly in civil and commercial cases, where comprehensive procedural rules 
are in place as well as wide-spread use of digital tools67. Room for improvement remains in 
administrative  cases  as  regards  digital  solutions  to  initiate  and  follow  proceedings  online68, 
and  as  regards  online  publication  of  judgments69.  The  implementation  of  the  ‘Justice  3.0’ 
initiative for the fully digital handling of cases in the ordinary courts and prosecution services 
continues to advance, with the move to digital files concluded at 160 courts and prosecution 
services by the end of 202370. Outstanding milestones concern inter alia the digitalisation of 

57   22  posts  have  been  created  within  the  Ministry  of  Justice  and  10  within  correctional  institutions.  Written 

contribution from the Ministry of Justice in the context of the country visit to Austria.  

58   Information  received  from  the  Association  of  Judges,  Association  of  Prosecutors,  Association  of 
Administrative Judges, Supreme Court, Supreme Administrative Court and regional administrative courts in 
the context of the country visit to Austria.  

59   Information received from the Ministry of Justice and the Association of Judges in the context of the country 

visit to Austria.  

60   Written contribution from the Ministry of Justice in the context of the country visit to Austria. 
61   Ibid.  
62   2021 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 6.  
63   These 13 judges would take up duties in 2025. Seven judges are set to retire in 2024, meaning that there will 
still be a net gap of at least 20 judges even with the additions foreseen in 2025. Written contribution from the 
Ministry of Finance in the context of the country visit to Austria 

64   Written contribution from the Ministry of Finance in the context of the country visit to Austria.  
65   Contribution from the Association of European Administrative Judges  – Austria for the 2024 Rule of Law 

Report, p. 13 and 17.  

66   Ibid.  
67   Figures 43-48, 2024 EU Justice Scoreboard.  
68   Figure 47, 2024 EU Justice Scoreboard.  
69   Figure 49, 2024 EU Justice Scoreboard. The Bar points out that not publishing first instance decisions, while 
the courts have access to them and can cite them in future decisions, can impact the equality of arms between 
the parties. Contribution from the CCBE – Austria for the 2024 Rule of Law Report, p. 15.  

70   More  than  80%  of  judges  and  100%  of  prosecutors  are  using  the  digital  judicial  workplace  and  over  1.4 
million files were handled digitally. Over 500 000 hearings with eDossiers in 750 court rooms equipped for 
conducting  hearings  virtually.  Input  from  Austria  for  the  2024  Rule  of  Law  Report,  p.  8  and  written 
contribution from the Ministry of Justice in the context of the country visit to Austria.  

9 

 
 
enforcement and insolvency proceedings and of proceedings at the Supreme Court71. At the 
administrative courts, the progress diverges, as each regional administrative court has so far 
developed  its  own  digital  file  management  system,  with  the  fact  that  administrative 
authorities  often  still  use  paper  files  constituting  a  further  challenge72.  The  Supreme 
Administrative  Court  and  the  Federal  Administrative  Court,  which  already  use  the  same 
digital  file  management  system,  have  launched  a  project  to  improve  the  uniform  electronic 
submission of files73.  

Certain  challenges  exist  in  terms  of  access  to  justice  linked  to  high  court  fees  and  as 
regards access to a legal advice in administrative cases, with some steps being taken that 
aim to address the latter. The situation remains unchanged as regards the absence of a cap 
of  court  fees74,  noted  also  in  previous  Rule  of  Law  Reports75,  which  may  constitute  a 
challenge  for  access  to  justice,  while  for  budgetary  reasons  no  reform  is  envisaged76.  As 
regards access to justice in administrative matters, on 14 December 2023 the Constitutional 
Court ruled that the independence of the Federal Agency for Reception and Support Services 
(a federal agency set up to support asylum seekers) is not sufficiently guaranteed by law for 
the  purpose  of  providing  legal  advice  and  representation  thereby  violating  the  right  to  an 
effective  remedy77.  This  set-up  had  previously  been  criticised  by  stakeholders78  and  the 
legislator has been given until July 2025 to reform the relevant legislation. As a consequence, 
on 3 July 2024 the National Council adopted an amendment to the Act on the establishment 
of the Federal Agency for Reception and Support Services and the Act regulating the general 
provisions  on  the  procedure  before  the  Federal  Office  for  Immigration  and  Asylum79.  The 
Constitutional  Court  further  decided  to  review  the  constitutionality  of  provisions  limiting 
access  to  legal  aid  in  administrative  cases  to  cases  which  concern  violations  of  the  rights 
under  Article  6  of  the  Convention  of  Human  Rights  or  Article  47  of  the  Charter  of 
Fundamental Rights. The Constitutional Court provisionally assumed that there could also be 
other  cases  (outside  the  scope  of  direct  violations  of  these  rights)  where  legal  aid  may  be 
required  to  ensure  the  access  to  an  effective  remedy  such  as  particularly  complex  cases  or 
cases where personal circumstances require support to the concerned persons80.  

71   Information received from the Ministry of Justice in the context of the country visit to Austria. The Supreme 
Court can already handle the digital files received from the lower instances and will start a pilot project for 
the  full  digitalisation  in  2024. Written  contribution  from  the  Supreme  Court  in  the  context  of  the  country 
visit to Austria.  

72   Written  contribution  from  the  regional  administrative  courts  in  the  context  of  the  country  visit  to Austria. 
Contribution from the Association of European Administrative Judges  – Austria for the 2024 Rule of Law 
Report,  p.  18.  The  Bar  also  calls  for  the  uniformisation  of  digitalisation  for  administrative  courts. 
Contribution from CCBE – Austria for the 2024 Rule of Law Report, p. 15.  

73   Written contribution from the Supreme Administrative Court for the 2024 Rule of Law Report.  
74   Court fees are calculated as a percentage of the value of the case and, in the absence of a cap on fees, can, 

therefore, be very high in high-value cases. 

75   2020,  2021,  2022  and  2023  Rule  of  Law  Reports,  Country  Chapter  on  the  rule  of  law  situation,  p.  5  (for 

2020), pp. 6-7 (for 2021), p. 9 (for 2022) and pp. 9-10 (for 2023).  

76   Information received from the Ministry of Justice in the context of the country visit to Austria.  
77   Judgment of the Constitutional Court of 14 December 2023, G 328/2022.  
78   Contribution from the CCBE – Austria for the 2024 Rule of Law Report, p. 14.  
79   Law amending the law establishing the Federal Support Agency and the law on the procedure of the Federal 

Agency for Asylum.  

80   Decision of the Constitutional Court of 12 December 2023, E 119/2023. The Federal Government will have 

the opportunity to intervene in these proceedings.  

10 

 
 
Efficiency 

The  overall  efficiency  of  the  justice  system  remains  high,  with  continued  advances  in 
administrative  cases.  The  average  time  to  resolve  litigious  civil  and  commercial  cases 
remains very low (142 days in 2022 compared to 135 days in 2021), also at second (85 days) 
and  third  instance  (102  days  in  2022),  with  a  clearance  rate  at  101%81.  In  administrative 
cases,  the  positive  trend  from  previous  years  has  continued82,  with  the  disposition  time 
further decreasing (285 days in 2022 compared to 312 days in 2021 and 388 in 2020), and a 
clearance rate that remains very high at 112% in 202283, resulting in a continued reduction of 
the  high  backlog  of  pending  cases  (0.5  per  100 00  inhabitants  in  2022,  compared  to  0.6  in 
2021)84. Austria also shows improvements in bribery cases, with the disposition time down to 
164 days in first instance in 2022 (from 285 in 2021)85. 

II. 

ANTI-CORRUPTION FRAMEWORK  

Austria has a National Anti-Corruption Strategy in place, which is accompanied by a Federal 
Action Plan for 2023-2025. The authorities involved in the prevention of and the fight against 
corruption include the Federal Ministry of Justice and its Coordinating Body on Corruption, 
the  Central  Public  Prosecutor’s  Office  for  Combating  Economic  Crimes  and  Corruption 
(WKStA),  the  Federal  Ministry  of  the  Interior  and  its  Federal  Bureau  of  Anti-Corruption 
(BAK)86 and the Criminal Intelligence Service (BK) as well as the Court of Audit. The legal 
framework  includes  relevant  provisions  in  the  Criminal  Code  and  the  Code  of  Criminal 
Procedure as well as specific legislation in the fight against corruption87. 

The perception among experts and business executives is that the level of corruption in 
the  public  sector  remains  relatively  low.  In  the  2023  Corruption  Perceptions  Index  by 
Transparency International, Austria scores 71/100 and ranks 10th in the European Union and 
20th globally88. This perception has significantly deteriorated over the past five years89. The 

81   Figures 6, 7 and 11, 2024 EU Justice Scoreboard.  
82   2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 10.  
83   Figures 8 and 12, 2024 EU Justice Scoreboard.  
84   Figure 15, 2024 EU Justice Scoreboard.  
85   Figure 23, 2024 EU Justice Scoreboard. Austria notably performs well in competition law cases (122 days 

average disposition time over 2013; 2020-2022). Figure 16, 2024 EU Justice Scoreboard.  

86   The  Federal Act  on  the  Establishment  and  Organization  of  the  Federal  Bureau  of Anti-Corruption  (BAK) 
was amended in July 2023 (by Federal Law Gazette I Nr. 107/2023) to include additional tasks for the BAK 
in the field of police oversight. The amendment also contains provisions which aim to increase the BAK’s 
functional  independence.  The  new  provisions  entered  into  force  on  22  January  2024  and  include  the 
prolongation of the terms of office of the director and his/her deputies from five to ten years; the amendment 
of the appointment procedure for the director and his/her deputies; restriction of permissibility of secondary 
occupation  by  the  director  and  his/her  deputies  and  introduction  of  a  requirement  of  authorisation  for 
secondary  occupation  by  all  other  staff  members;  and  regular  intervals  of  security  checks  for  all  staff 
members  (“secret”  or  “top  secret”,  according  to  position).  Input  from  Austria  for  the  2024  Rule  of  Law 
Report, p. 11.  

87   Relevant legislation includes: the Federal Act on the Establishment and Organisation of the Federal Bureau 
of Anti-Corruption, the Federal Statute on Responsibility of Entities for  Criminal Offences and the Federal 
Act  on  Extradition  and  Mutual  Assistance  in  Criminal  Matters.  See  2020  Rule  of  Law  Report,  Country 
Chapter on the rule of law situation in Austria, p. 6 and 2021 Rule of Law Report, Country Chapter on the 
rule of law situation in Austria, p. 8-9. 

88   Transparency  International,  Corruption  Perceptions  Index  2023  (2024),  pp.  2-3.  The  level  of  perceived 
corruption  is  categorised  as  follows:  low  (the  perception  among  experts  and  business  executives  of  public 

11 

 
 
 
2024  Special  Eurobarometer  on  Corruption  shows  that  55%  of  respondents  consider 
corruption  widespread  in  their  country  (EU  average  68%)  and  17%  of  respondents  feel 
personally  affected  by  corruption  in  their  daily  lives  (EU  average  27%)90.  As  regards 
businesses, 55% of companies consider that corruption is widespread (EU average 65%) and 
24%  consider  that  corruption  is  a  problem  when  doing  business  (EU  average  36%)91. 
Furthermore, 43% of respondents find that there are enough successful prosecutions to deter 
people  from  corrupt  practices  (EU  average  32%)92,  while  47%  of  companies  believe  that 
people  and  businesses  caught  for  bribing  a  senior  official  are  appropriately  punished  (EU 
average 31%)93. 

A new National Anti-Corruption Strategy and the 2023-2025 Action Plan were adopted. 
On 11 October 2023, the Council of Ministers adopted the National Anti-Corruption Strategy 
(NACS) and the National Action Plan (NAP)94. Adopted with some delay at the end of 2023, 
the  NAP  will  cover  the  period  2023-2025.  Transparency  International  positively  evaluated 
the strategy as a comprehensive document95, while other stakeholders considered that broader 
participation in its preparation would have been welcome96. The results of the evaluation of 
the  previous  NACS  and  2019-2020  NAP  were  presented  at  the  meeting  of  the  Anti-
Corruption  Coordination  Committee  in  October  2022.  The  most  relevant  changes,  with 
regards  to  the  previous  NACS97  include  the  establishment  of  NACS  coordinators  in  all 
participating  institutions  and  organisations,  as  central  contact  points  for  NACS-related 
matters,  the  establishment  of  indicators  as  part  of  the  definition  of  targets  and  measures  to 
facilitate  evaluation  and  self-monitoring,  and  information  to  the  general  public  on  progress 
and results shall be provided.98. The first evaluation of the actions under the NAP 2023-2025 

sector  corruption  scores  above  79);  relatively  low (scores between  79-60),  relatively high (scores  between 
59-50), high (scores below 50). 

89   In 2019 the score was 77, while, in 2023, the score is 71. The score significantly increases/decreases when it 
changes  more  than  five  points;  improves/deteriorates  (changes  between  4-5  points);  has  been  relatively 
stable (changes from 1-3 points) in the last five years. 

90   Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024). The Eurobarometer 
data  on  citizens’  corruption  perception  and  experience  is  updated  every  year.  The  previous  data  set  is  the 
Special Eurobarometer 534 on Corruption (2023). 

91   Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024). The Eurobarometer 
data  on  business  attitudes  towards  corruption  as  is  updated  every  year.  The  previous  data  set  is  the  Flash 
Eurobarometer 524 (2023). 

92   Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024).  
93   Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024).  
94   Federal  Bureau  of Anti-Corruption  (2023),  Council  of  Ministers  adopts  National Anti-Corruption  Strategy 

and Action Plan. 

95   Information received from Transparency International in the context of the country visit to Austria. 
96   Civil society noted that no concrete reform plan is included to improve transparency in high-risk areas, such 
as conflicts of interest, abuse of office, and corruption by foreign actors. Written contribution received from 
Antikorruptionsbegehren and Forum Informationsfreiheit in the context of the country visit to Austria. 

97   The results of the evaluation of the previous NACS and 2019-2020 NAP were presented at the meeting of 
the  Coordinating  Body  on  Combating  Corruption  in  October  2022.  Following  the  evaluation  in  2022,  a 
strategy team was set up under the leadership of the BAK, together with the Federal Chancellery, the Federal 
Ministry  of  Justice  and  the  Federal  Ministry  of Arts,  Culture,  Public  Service  and  Sport  to  incorporate  the 
evaluation  results  into  the  new  NACS  and  the  NAP.  The  previous  National Anti-Corruption  Strategy  was 
adopted in 2018.  

98   Input from Austria for the 2024 Rule of Law  Report,  pp. 11-12. The 2023-2025 Action Plan contains 120 
objectives  with  228  measures  and  198  measurable  indicators  in  the  area  of  prevention  as  well  as  six 
objectives, 13 measures and 14 measurable indicators in the area of prosecution. Like the NACS, the 2023-
2025  Action  Plan  is  divided  into  fields  of  action:  1.  Integrity  Management  –  Promoting  Conduct  with 

12 

 
 
 
will take place in June 2025. In 2023, the BAK hosted training courses under the Network of 
Integrity  Officers,  as  well  as  for  the  Federal  Ministry  of  the  Interior  and  for  the  new 
Compliance  Officers  of  the  Ministry  and  Corruption  Prevention  Officers  of  the  Regional 
Police Directorates established in 202399. 

The Federal Act amending the Criminal Code entered into force on 1 September 2023, 
extending  criminal  liability  in  corruption  cases,  while  upcoming  legislative  changes 
relevant in the area of anti-corruption are being discussed with regard to the seizure of 
electronic  devices100.  The  Act  includes  the  criminalisation  of  the  “purchase  of  political 
mandates”101, extends criminal liability for bribery to also cover candidates for public office, 
and includes higher penalties for corruption offences. Furthermore, according to the National 
Council  Electoral  Regulations  and  the  Electoral  Regulations  of  the  European  Parliament  a 
conviction  for  a  corruption  offence  to  a  term  of  imprisonment  exceeding  six  months,  can 
result  in  the  loss  of  eligibility  for  office102.  As  reported  last  year103,  stakeholders  overall 
welcomed  the  reform  which  addresses  existing  loopholes104.  Following  a  ruling  by  the 
Constitutional Court in December 2023105, the Ministry of Justice  has drafted a proposal to 
regulate  the  confiscation  of  electronic  devices106,  which  both  governing  parties  agreed  to 
submit  as  an  initiative  motion  to  Parliament  in  June  2024107.  The  majority  of  comments 

Integrity;  2.  Compliance  Management  Systems  –  Public  Administration;  3.  Reduction  of  structural 
corruption risks; 4. Promoting measures to prevent corruption; 5. Raising awareness – public; 6. Awareness-
raising – training of specific target groups; 7. Implementation of the Corruption Criminal Law Amendment 
Act 2023 in law enforcement. Federal Bureau of Anti-Corruption (2023), National Anti-Corruption Strategy. 
99   Input from Austria for the 2024 Rule of Law Report, p. 13. In addition to these courses, three anti-corruption 
events were organised in 2023: the Austrian Anti-Corruption Day 2023 (topic “Speak up – write down; The 
role  of  whistleblowing  and  journalism  in  the  fight  against  corruption”)  for  around  150  managers  from 
federal organisations and Integrity Officers, as well as two interactive educational events with around 150 
students from vocational secondary schools. 

100  Corruption Criminal Law Amendment Act 2023 – KorrStrÄG 2023 (244/ME). 
101  By  punishing  the  ‘purchase’  of  political  mandates,  the  provision  aims  to  extend  criminal  liability  to 
campaigning persons (para. 1) and persons (para. 2) who demand, accept or are promised (para. 1) or offer, 
promise  or  grant  (para.  2)  remuneration  for  themselves  or  a  third  party  to  influence  the  allocation  of  a 
mandate (§ 265a Criminal Code). 

102  Sanctions generally applicable to legal entities are also amended: sec. 4 of the Federal Act on Responsibility 
of Entities. Input from Austria for the 2024 Rule of Law Report, p. 22.  Nationalrats-Wahlordnung, NRWO; 
Europawahlordnung, EuWO. 

103  2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 11. 
104  Information  received  from  Transparency  International  and  Antikorruptionsbegehren  in  the  context  of  the 
country visit to Austria. Transparency International particularly welcomes the extended criminal liability to 
candidates for office, a legal definition of “candidate”, as well as the fact that persons who are faced with a 
sentence of imprisonment of more than six months for a public corruption offence (Sections 304-307b CC) 
also lose their eligibility for office. 

105  On  14  December  2023,  the  Constitutional  Court  issued  a  judgment  on  the  seizure  of  electronic  devices 
(decision G 352/2021). It found that the current legislation concerning seizure of electronic devices infringes 
data  protection  law  and  the  fundamental  right  to  private  life.  The  Ministry  of  Justice  acknowledged  that 
legislative  changes  are  now  needed  to  regulate  seizures  of  electronic  devices,  in  line  with  the  guidance 
provided  by  the  Constitutional  Court,  especially  regarding  prior  authorisation.  The  Ministry  of  Justice 
stressed  the  need  to  ensure  proportionality  in  drafting  the legislation. The  corresponding  provisions  in  the 
Criminal Procedural Code will be repealed by 1 January 2025. 

106  The  Criminal  Procedure  Amendment  Act  2024  was  approved  by  the  Justice  Committee  of  the  National 
Council  on  18  June  2024.  See Austrian  Parliament  (2024),  Mobile  phone  evaluation:  Legislative  package 
passes Justice Committee with votes from ÖVP and Greens. 

107  Information  received  from  the  Central  Public  Prosecutor’s  Office  for  Combating  Economic  Crimes  and 
Corruption in the context of the country visit to Austria. The public debate started on the basis of a study by 

13 

 
 
 
submitted so far were critical of the proposal108. Prosecutors have underlined the importance 
of having access to digital data, especially in corruption cases, where very few witnesses and 
documents are available109. The Austrian Bar Association generally welcomed the proposed 
new regulation of the confiscation of electronic devices. At the same time, however, they also 
see room for improvement in order to better protect the rights of those affected. Following the 
initial stakeholder reactions, the consultation period has been prolonged110. 

Investigations are proceeding with regard to high-level corruption cases related also to 
previous governments, while prosecutors experience particular attention with regard to 
specific cases. Investigations on a number of high-level corruption cases are ongoing111. As 
already noted in the 2023 Report112, public scrutiny linked to abrasive narrative in the media 
remains high, including for prosecutors’ daily actions with regard to specific cases113 as well 
as  for  judges,  in  those  cases  having  reached  the  stage  of  adjudication114.  The  authorities 
consider that a transparent narrative and structured dialogue between the political sphere and 
media outlets  could  help improve public trust  in  the work of the prosecution,  especially  on 
high-level cases, which attract most public attention115.  

Two  parliamentary  investigative  committees  have  examined  further  corruption 
allegations  concerning  political  parties.  As  reported  last  year116,  on  27  April  2023,  the 
National Council unanimously took note of the final report of the parliamentary investigative 
committee  tasked  with  examining  allegations  of  corruption  concerning  a  governmental 
political  party.  The  final  report  included  several  recommendations  and  conclusions117.  The 
Ministry of Justice is examining them to assess whether legislative changes are necessary118. 

the Bar Association, which also underlines the need to uphold the rights of the accused person (Austrian Bar 
Association (2022), ÖRAK calls for far-reaching reforms in the safeguarding and evaluation of data and data 
carriers). Contribution from the CCBE – Austria for the 2024 Rule of Law Report, p. 13.  

108  See  Austrian  Parliament  (2024),  Law  amending  the  criminal  procedural  code  2024:  stakeholder 

contributions.  

109  Prosecutors underlined the practical necessity in  investigations for clear regulation allowing the seizure  of 

relevant evidence. 

110  Der Standard (2024), Zadic wants changes on seizure of mobile phones, consultation period prolonged.  
111  In one of these cases, on 23 February 2024, the former Chancellor was found guilty for having given false 
testimony to a parliamentary investigatory committee during his term in office. The judgment is not final and 
open to appeal. For example, the 2023 Annual Report of the WKStA summaries further steps in several high-
level cases. See also the press release of the WKStA of 30 March 2023 and 18 August 2023 on investigative 
steps in the CASAG case group.  

112  2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 12. 
113  Information  received  from  the  Central  Public  Prosecutor’s  Office  for  Combating  Economic  Crimes  and 
Corruption and Antikorruptionsvolksbegehren in the context of the country visit to Austria. See also closing 
lines of the 2023 WKStA Annual Report, where the WKStA stressed that decisions are made “in accordance 
with the law and work in fact; unbiased and free from media, political and other influences”. 

114  Austrian Judges Association (1 March 2024), Judges Association comments on the reporting in the criminal 

case against Sebastian Kurz and others.  

115  Information  received  from  the  Ministry  of  Justice  and  from  the  Central  Public  Prosecutor’s  Office  for 

Combating Economic Crimes and Corruption in the context of the country visit to Austria.  

116  2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 13. 
117  Report  of  the  investigative  committee  regarding  the  clarification  of  allegations  of  corruption  against 

members of the ÖVP government. 

118  Information  received  from  the  Ministry  of  Justice  in  the  context  of  the  country  visit  to Austria.  The  final 
report  recommended  i.a.  transparent  procedures  for  applications  for  top  positions  (see  under  pillar  IV),  as 
well as the establishment of an independent federal prosecutor's office (see under pillar I) and a cooling off 
period for Ministers to become members of the Constitutional Court (see the paragraph on revolving doors 

14 

 
 
 
On  15  December  2023,  two  investigative  committees  were  established  to  examine  alleged 
corruption concerning political parties, which started to convene by 11 January 2024119. Their 
activities were concluded on 1 July 2024, with the submission of the final reports. On 3 July 
2024,  the  National  Council  unanimously  took  note  of  the  final  reports  of  the  committees, 
each including five parliamentary group reports120. 

Resources  of the prosecution service for anti-corruption work remain stable, although 
additional posts could help address  increasingly  complex cases and burdens related to 
reporting obligations. In 2023, the BAK detected 66 potential cases of corruption (compared 
to  68  in  2022),  in  addition  to  688  cases  (638  in  2022)  relating  to  allegations  of  abuse  of 
official  authority121.  Regarding  the  outcomes  of  criminal  proceedings  against  legal  persons 
for corruption offences, since 2022 four cases led to indictments and four to discontinuation 
of investigation proceedings, with no conviction issued so far122. As of December 2023, the 
WKStA  has  230  open  investigations;  76  are  ongoing  large-scale  cases123.  In  terms  of 
resources, in December 2023 the WKStA requested five additional permanent posts, while as 
of  2024,  it  employed  47  public  prosecutors  124.  In  order  to  properly  address  the  increasing 
complexity of cases, the WKStA is also supported by a number of financial, business and IT 

below).  Parliamentary  groups’  reports  recommend  i.a.  setting  up  an  absolute  maximum  limit  for  state 
advertising spending, and the expansion of documentation obligations. The parliamentary groups’ reports are 
published  together  with  the  report  of  the  investigative  committee.  See  also  2023  Rule  of  Law  Report, 
Country Chapter on the rule of law situation in Austria, pp. 13-14. 

119  Input  from  Austria  for  the  2024  Rule  of  Law  Report,  p.  25.  See  Austrian  Parliament  (2023),  COFAG 
Committee  of  Inquiry  (4/A-USA  XXVII.  GP)  since  15.12.2023;  and  Austrian  Parliament  (2023),  "RED-
BLUE Abuse of Power Committee of Inquiry" (5/A-USA XXVII. GP) since 15.12.2023. Austrian Parliament 
(2023), Two  committees  of  inquiry  into  possible  abuse  of  power. The  “COFAG  Untersuchungsausschuss” 
was  about  an  alleged  “two-tier  administration  due  to  preferential  treatment  of  billionaires  by  ÖVP 
government  members”  while  the  “ROT-BLAUER  Machtmissbrauch-Untersuchungsausschuss”  concerned 
the  “clarification  of  whether  public  funds  in  the  area  of  federal  law  enforcement  were  used  for  improper 
motives”  (by  SPÖ  and  FPÖ  officials).  Public  hearings  of  informants  and  experts  before  the  “COFAG-
Untersuchungsausschuss”  had  started  on  6  and  7  March  2024  while  those  before  the  “ROT-BLAUER 
Machtmissbrauch-Untersuchungsausschuss” on 14 and 15 March 2024. Both committees concluded hearings 
by  the  beginning  of  June  2024.  Written  contribution  received  from  the  Parliament  Administration  in  the 
context of the country visit to Austria. 

120  Austrian  Parliament  (2024),  COFAG  committee  of  inquiry  and  red-blue  abuse  of  power  committee  of 
inquiry  go  into  the  finale.  Austrian  Parliament  (2024),  Report  of  the  RED-BLUE  Abuse  of  Power  U-
Committee with recommendation for Russia-U-Committee; Austrian Parliament (2024), Final report of the 
COFAG Committee of Inquiry is available. 

121  Eight  cases  of  alleged  corruptibility  (§  304  of  the  Criminal  Code),  two  cases  of  alleged  acceptance  of  an 
advantage (§ 305 CC), and two cases of alleged bribery (§ 307 CC). In addition, the Bureau registered one 
case of alleged acceptance of an advantage for the purpose of exerting influence (§ 307b CC), three cases of 
alleged acceptance of gifts and bribery of employees or agents (art. 309 CC) and 22 cases of alleged breach 
of official secrecy (§ 310 CC). The remaining 28 allegations are distributed among the other cases that fall 
under  the  exclusive  jurisdiction  of  the  BAK  (§4  BAK Act).  Input  from Austria  for  the 2024  Rule  of  Law 
Report, p. 24. 

122  Data refer to the period 1 January 2022 – 31 December 2023. Input from Austria for the 2024 Rule of Law 

Report, p. 23. 

123  WKStA  (2024)  2023 Annual  Report. Among  the  230  open  cases,  30%  are  corruption  offences,  while  the 
remaining 70% are economic crimes. 770 cases were completed in 2023, while over 1 000 new cases were 
opened in the same year. In 257 cases, investigation was not initiated (according to § 35c StAG), while 52 
indictments against 152 defendants were brought before the court. 

124  Information  received  from  the  Central  Public  Prosecutor’s  Office  for  Combating  Economic  Crimes  and 
Corruption in the context of the country visit to Austria. In 2023, 44 posts were fulfilled, out of 45 assigned.  

15 

 
 
experts  and  has  identified  the  need  for  additional  resources  in  this  respect125.  Reporting 
obligations  are  particularly  heavy  for  the  anti-corruption  prosecution  (see  also  pillar  I), 
weighing  on  resources126.  As  of  1  December  2023,  the  BAK  had  161  employees127.  The 
cooperation between prosecution and the police continues to work well, including as regards 
exchange  of  data.  The  collaboration  between  the  BAK  and  the  EPPO  is  reported  to  be 
constructive128.  

Since  2022,  no  progress  has  been  made  on  introducing  rules  on  assets  and  interests’ 
disclosure  for  members  of  Parliament.  The  2023  Rule  of  Law  Report  recommended  to 
Austria  to  ‘introduce  effective  rules  on  assets  and  interests’  declaration  for  Members  of 
Parliament,  including  effective  monitoring  and  sanctioning  mechanisms’129.  As  already 
reported last year130, a parliamentary working group was established to follow up on the 2022 
Rule  of  Law  recommendation.  The  group  held  its  last  meeting  in  February  2023,  and  no 
further  meetings  or  other  concrete  steps  are  currently  foreseen131.  Thus,  as  reported  since 
2020,  members  of  Parliament  are  still  not  obliged  to  declare  their  assets,  interests,  debts, 
liabilities, or any other personal economic interests such as company investments, with very 
limited  exceptions132.  This  lack  of  disclosure  obligations  is  also  the  subject  of  several 
GRECO recommendations133. A Code of Conduct for Members of the National Council and 
Members  of  the  Federal  Council  is  in  place,  which  mostly  reiterates  existing  legal 
provisions134.  When  declarations  are  published  voluntarily,  there  are  no  monitoring  or 

125  The WKStA can rely on ten business experts. A procedure is open to further recruit two additional experts. 
Besides,  15  IT  experts  are  available  for  the  whole  justice  system  and  are  not  dedicated  exclusively  to  the 
WKStA. Information received from the Central Public Prosecutor’s Office for Combating Economic Crimes 
and Corruption in the context of the country visit to Austria. 

126  Information  received  from  the  Central  Public  Prosecutor’s  Office  for  Combating  Economic  Crimes  and 
Corruption in the context of the country visit to Austria. The legislative changes adopted in December 2023 
(amendments to the reporting obligations decree 2021, which entered into force on 10 December 2023) do 
not affect corruption investigations, being limited to rather ordinary cases.  

127  14 of whom are on justified leave of absence or working in other organisational units outside the BAK. Input 

from Austria for the 2024 Rule of Law Report, p. 9. Compared to 124 as of December 2022.  

128  Information  received  from  the  BAK  in  the  context  of  the  country  visit  to Austria. According  to  the  2023 
Annual Report (2024), no EPPO case for Austria in 2023 concerned  specifically corruption.  In 2023 there 
were three cases, whereas in 2024 there was one case pending at the BAK, which fell under the competence 
of  the  EPPO.  In  June  2023  the  EPPO  organised  a  workshop  on  the  cooperation  between  Austrian 
investigative authorities and the EPPO, in which the BAK took part.  

129  2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 2. In the 2023 Rule of 
Law Report, the Commission concluded that no progress was made on the recommendation made in 2022. 

130  2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, pp. 14-15. 
131  Input from Austria for the 2024 Rule of Law report, p. 9. The 2023 Rule of Law Report already underlined 
this  uncertainty  (pp.14-15).  The  parliamentary  group  previously  discussed  the  recommendation  at  three 
meetings in 2022 (on 15 September, 6 October and 29 November). The Parliamentary Administration is not 
aware  to  what  extent  the  recommendation  is  currently  the  subject  of  political  consultations.  Written 
contribution received from the Parliament Administration in the context of the country visit to Austria. 

132  2020, 2021, 2022 and 2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 8 
(for 2020), p.11 (for 2021), p. 13 (for 2022) and p. 14 (for 2023). As reported in 2022 (p. 13), according to 
the  Incompatibility  and  Transparency  Act,  Members  of  Parliament  have  to  report  certain  activities  (e.g. 
executive positions held by them in stock corporations or other kinds of employment) as well as the average 
monthly  gross  emoluments  earned  in  a  calendar  year  in  respect  of  these  activities  to  the  president  of  the 
respective representative body. 

133  GRECO Fourth Evaluation Round – Second Compliance Report, recommendations iii – viii. 
134  Austrian  Parliament  (2021),  Code  of  Conduct  for  Members  of  the  National  Council  and  Members  of  the 
Federal Council. 2022 and 2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, 
p. 13 and p. 14. 

16 

 
 
sanction mechanisms to control their accuracy135. Members of Parliament can consult internal 
guidelines  in  relation  to  gifts  and  other  advantages,  as  well  as  the  Annex  1  to  the  Code  of 
Conduct  related  to  gifts’  declarations136.  However,  no  dedicated  rules  on  accepting  and 
disclosing gifts  by Members of Parliament have  been adopted.  As a result, no progress  has 
been made on the recommendations made in the previous years. 

The Federal Chancellery has started working on an asset declaration system and Code 
of Conduct for Ministers. No timeline for adoption of the new asset declaration system  is 
currently foreseen137. Additionally, a Code of Conduct for Ministers is being drafted, which 
will  focus  on  conflicts  of  interest138.  Since  2020,  a  Code  of  Conduct  for  the  Prevention  of 
Corruption  in  the  Public  Service  is  in  place,  which  provides  instructions  to  public  service 
employees  and  managers  on  how  to  deal  with  bribery  attempts,  gifts  and  invitations, 
whistleblowing, 
includes  examples  of  compliant  and  non-compliant 
behaviour139. The Federal  Disciplinary Authority is tasked to  issue disciplinary findings  for 
federal  civil  servants.  In  2023,  380  cases  were  pending  before  the  Federal  Disciplinary 
Authority140. Likewise, in 2022, 489 cases were initiated, of which 417 led to a decision or 
were closed141. 

lobbying,  and 

There has been no progress  on strengthening the lobbying framework, which remains 
limited  in  scope.  The  2023  Rule  of  Law  Report  recommended  to  Austria  to  “adopt 
legislation to strengthen the framework on lobbying, including on its scope, supervision and 
enforcement”142.  In  line  with  what  was  reported  in  previous  Rule  of  Law  Reports143,  no 
changes  have  been  made  so  far  to  improve  the  limited  scope  of  the  lobbying  legislation, 
which dates back to 2013144. The need for reform has been underlined both by GRECO145 and 
stakeholders146, as well as by the Court of Audit in 2019, which specifically noted the lack of 
supervision  and  enforcement,  as  well  as  the  limited  range  of  information  disclosed  in 
registry147. Civil society organisations consider the existing framework as limited and lacking 

135  2020, 2021, 2022 and 2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 8 

(for 2020), p.11 (for 2021), p. 13 (for 2022) and p. 14 (for 2023). 

136  2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 14. Additionally, the 
compliance unit of the Parliamentary Administration offers voluntary consulting on these topics for members 
of parliament. Internal guidelines were updated in October 2023. 

137 Written contribution from the Ministry of Justice following the country visit to Austria. 
138  Input  from Austria  for  the  2024  Rule  of  Law  Report,  p.  16.  See  GRECO  Fifth  Evaluation  Round  Report, 

recommendation iii, para 67.  

139  Verhaltenskodes zur Korruptionsprävention im öffentlichen Dienst „Die VerANTWORTung liegt bei mir  – 

EINE FRAGE DER ETHIK; oeffentlicherdienst.gv.at. 

140  Federal Disciplinary Authority (2023), Annual Report 2023, pp. 1-3. 
141  Federal Disciplinary Authority (2022), Annual Report 2022, pp. 1-3. 
142  2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 2. 
143  2020, 2021, 2022 and 2023 Rule of Law Reports, Country Chapter on the rule of law situation in Austria, p. 

9 (for 2020); p. 12 (for 2021); p. 14 (for 2022); p. 15 (for 2023).  

144  Only  specialist  lobbying  companies,  in-house  lobbyists,  self-governing  bodies  and  interest  groups  have  to 

register and single contacts do not have to be reported as stated in 2020 Rule of Law Report, p. 9. 

145  GRECO Fourth Evaluation Round – Second Compliance Report, recommendation v, paras 21-23; GRECO 

Fifth Evaluation Round Report paras 82-87.  

146  Information received from Transparency International Austria and Forum Informationsfreiheit in the context 

of the country visit to Austria. 

147  For example, no publicity requirement is foreseen for contracts with lobbyists, only accessible to senior level 
officials. GRECO Fifth Evaluation Round Report, recommendation vi, para 85. Transparency International 
asks for the register to be publicly accessible. 

17 

 
 
sanctions  as  well  as  control  mechanisms148.  No  follow  up  has  been  given  so  far  on  the 
recommendations  of  a  working  group  established  in  2020,  pending  agreement  at  political 
level  and  due  to  concerns  regarding  the  expected  increase  of  administrative  burdens149. 
Overall, no progress has been made on this recommendation of the 2023 Rule of Law Report. 

Some  steps  have  been  taken  to  introduce  rules  on  ‘revolving  doors’  for  members  of 
Government. The absence of regulation in these areas has already been reported in previous 
Rule  of  Law  Reports150.  Revolving  doors  provisions  remain  very  limited151  and  beside  the 
specific  provisions  of  Constitutional  law152,  there  is  no  post-employment  restriction  for 
ministers and state secretaries153, nor an effective supervision mechanism regarding the rules 
in place. However, on 3 July 2024, the National Council unanimously approved a three-year 
cooling off period for constitutional judges. In the future, constitutional judges may not have 
been a member of the government, a regional government, the National Council, the Federal 
Council,  a  regional  parliament  or  the  European  Parliament  for  three  years  prior  to  their 
appointment  and  may  not  have  been  an  employee  or  official  of  a  political  party154.  The 
amendment  represents  a  limited  step  forward  in  creating  a  revolving  doors  framework155. 
Transparency  International  called  for  legislative  changes  to  prevent  ministers  and  state 
secretaries from accepting any function that includes maintaining contact with public officials 
for  a  period  of  one  year  after  leaving  office156.  As  reported  last  year,  there  is  currently  no 
post-employment  restriction  for  ministers  and  state  secretaries:  revolving  doors  provisions 
remain very limited157. 

148  Information received from Transparency International Austria and Forum Informationsfreiheit in the context 
of the country visit to Austria. Transparency International Austria (2022), TI press release  – Lobbying rules 
of the game for politics. 

149  2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 15. According to the 
Ministry  of  Justice,  the  main  challenges  on  proceeding  with  a  potential  reform  are  the  increased 
administrative  burden  stemming,  in  particular,  from  the  need  to  manage  the  register  and  redacting 
obligations, as well as the additional reporting obligations. 

150  2020, 2021, 2022 and 2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, pp. 

8-9 (for 2020); p. 11 (for 2021); p. 14 (for 2022); pp. 15-16 (for 2023). 

151  This was also underlined by GRECO in its Fifth Evaluation Round Report, recommendation ix, paras 122-

126. 

152  Former members of Government are excluded from certain positions for five years, such as in the Supreme 
Court, the Administrative Courts, the Supreme Administrative Court as well as the Constitutional Court. 
153  Secretaries general and ministerial advisors are subject to the Civil Service Employment Act, which includes 
a six months cooling off period: they may not work for any legal entity which is not subject to auditing by 
the Federal Court of Audit, a regional court of audit or a comparable international or foreign inspection body, 
and  which  has  benefited  from  decisions  delivered  by  the  official  in  a  period  of  twelve  months  before  the 
termination of functions. This six-month cooling off period for civil servants does not apply to ministers and 
state secretaries. As underlined by GRECO in its Fifth Evaluation Round Report (p. 34), six months is a very 
short cooling-off period, considering that most GRECO members establish longer cool-off periods for PTEF 
(generally two years). 

154 A  "cooling-off  phase"  already  applies  to  the  President  and  Vice-President  of  the  Constitutional  Court  for 
period of at least five years between their appointment and one of the previous following functions: members 
of  the  government,  regional  government,  National  Council,  Federal  Council,  a  regional  parliament  or  the 
European Parliament.  See Austrian Parliament (2024), New in the Constitutional  Committee, "Cooling-off 
phase" for constitutional judges, RIS, special budget for Statistics Austria. 

155  2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Austria,  pp.  15-16.  Written 

contribution from the Ministry of Justice in the context of the country visit to Austria.  

156  Transparency International Austria (2023), Press release transparency- cooling-off is overdue! 
157  2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 16. 

18 

 
 
The resources of the Court of Audit have been strengthened to perform its reinforced 
role  as  independent  external  auditor.  Following  the  amendments  to  the  Political  Parties’ 
Act  in  July  2022,  new  provisions  aim  to  increase  the  transparency  of  political  party 
financing158,  and  strengthen  the  role  and  tasks  of  the  Court  of  Audit  (ACA).  As  of  April 
2024, the ACA counts 291 full-time equivalents. Additional posts are planned by the end 
of the year159, due to the additional tasks assigned relating to the extension of the powers 
and  tasks  under  the  Political  Parties  Act 160,  as  well  as  the  extension  of  the  possibilities 
for a minority of members of the  National Council to request audits. The overall budget 
has  also  been  increased:  the  annual  budget  for  2024  amounts  to  EUR  46.7  million 
(compared to 42.4 million in 2023)161. The ACA considers that the current staff and budget 
provisions  allow  to  satisfactorily  carry  out  its  tasks162.  It  will  exercise  the  new  task  for 
auditing party statements for the first time at the end of 2024, when the first party statements 
under the new regime since 2023 will need to be submitted163. 

Amendments to the Parliamentary Groups Funding Act establish a publicly accessible 
register of parliamentary groups aiming to improve transparency. The bill to amend the 
Parliamentary  Groups  Funding  Act  concerning  the  establishment  of  a  publicly  accessible 
register of parliamentary groups164 entered into force on 15 July 2023. According to the new 
provision,  the  President  of  the  National  Council  shall  keep  a  publicly  accessible  list  which 
has  to  contain  the  names  of  the  parliamentary  groups  and  the  persons  authorised  to  act  on 
their behalf165. As reported last year166, the amended legislation also prohibits parliamentary 
groups  to  accept  donations  (including  payments  and  benefits  in  kind,  as  well  as  living 
subsidies),  with  the  exception  of  specific  provisions167.  New  obligations  concerning  the 
public  party  register  also  entered  into  force  in  January  2024.  The  definition  of  “party 
affiliated  organisation”  has  been  extended  in  order  to  broaden  the  scope  of  application  by 

158  Federal Act on the Financing of Political Parties (Political Parties Act 2012  – Part G) was amended by the 

federal law published on 27 July 2022 (Federal Law Gazette I 125/2022). 

159  Information received from ACA in the context of the country visit to Austria. According to the ACA budget, 
the human resources strategy of the ACA is to count on an average of 295 full-time equivalents on an annual 
basis.  

160  As  of  1  January  2023,  the  amendments  to  the  Rules  of  Procedure  of  the  National  Council  increase 
possibilities to request special audits by the Court of Audit. According to the new rules, such audits can still 
be requested by at least 20 MPs, and in case a  parliamentary group consists of less than 20 members, the 
parliamentary  group  itself  can  submit  the  request  if  all  the  members  agree.  The  limitation  to  a  maximum 
three ongoing special audits is removed, although a limitation on the number of request that MPs can submit 
is in place. The regulations on the possibility to request special audits by the Court of Audit are laid down in 
§ 99 of the Rules of Procedure of the National Council. 

161  Austrian Parliament (2023), Court of Auditors: EUR 4.5 million more to tackle additional tasks. 
162  Information received from ACA in the context of the country visit to Austria. 
163  Information received from ACA in the context of the country visit to Austria. Civil society noted the need to 
introduce a criminal offence of illegal party financing, to allow the public prosecutor's office to investigate in 
the event of suspicion. Information received from Forum Informationsfreiheit in the context of the country 
visit to Austria. See also Forum Informationsfreiheit (2022), New rules on party transparency: an overview 
of the draft. 

164  Klubfinanzierungsgesetz 1985 – KlubFG. Input from Austria for the 2024 Rule of Law Report, pp. 16-17. 
165  The  parliamentary  groups  shall  provide  the  President  of  the  National  Council  with  the  necessary 

information. 

166  2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 16.  
167  Specific  circumstances  include  e.g.  particular  contributions  and  funds  granted  under  the  Parliamentary 
Groups  Funding Act  itself,  membership  fees,  and  funds  by  political  parties  and  other  non-discriminatory 
public funds. Apart from what mentioned, the acceptance of donations is generally limited to the value of 
EUR 150 (cf. sec. 5a of the Parliamentary Groups Funding Act, Federal Law Gazette I no. 142/2022). 

19 

 
 
including  affiliated  organisations  that  support  a  political  party  or  another  affiliated 
organisation of that party168.  

Web-based  reporting  channels  for  whistleblower  reports  are  in  place.  Following  the 
transposition of the EU Whistleblower Directive in February 2023169, the Federal Ministry of 
Justice  established  a  web-based  reporting  channel  in  July  2023170.  Aside  from  this,  the 
BAK’s system is fully operational since August 2023: since its reporting channel was set up, 
46  reports  have  been  received  as  of  31  December  2023.  In  addition  to  the  web-based 
reporting  platform,  reports  can  also  be  submitted  by  post,  telephone  and  in  person171.  The 
BAK  provides  for  guidelines  and  a  step-by-step  procedure  on  its  website  to  guide  the 
submission  of  reports172.  The  WKStA  manages  its  own  online  whistleblower  reporting 
channel  already  since  2013,  which  is  reported  to  be  working  well173.  Formal  coordination 
between the existing channel of the WKStA and the new one established under the BAK is 
not  in  place  yet,  while  coordination  is  ongoing  between  the  WKStA  and  the  web  system 
established under the Federal Ministry of Justice174.  

Public procurement and close relations between media and politics are seen as areas at 
high risk of corruption. Businesses’ attitudes towards corruption in the EU shows that 20% 
of  companies  in  Austria  (EU  average  27%)  think  that  corruption  has  prevented  them  from 
winning a public tender or a public procurement contract in practice in the last three years175. 
The Austrian Court of Audit (ACA) regularly examines areas with particularly high risks of 
corruption.  In  2023,  it  published  two  reports  on  the  opportunity  to  include  corruption 
prevention  measures  in  real  estate  transactions,  and  procurements  linked  to  state-owned 
companies176. This monitoring system also provides for the possibility of follow-up audits to 
monitor  the  implementations  of  ACA’s  recommendations177.  In  2023,  the  ACA  also 
undertook  an  audit  on  public  procurement,  recommending  public  sector  procurement  to  be 
increasingly handled by  a central  control point to  minimise the possibility of corruption, in 

168  Amendment of the Federal Act on the Financing of Political Parties (§ 2). 
169  2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 17. 
170  Input from Austria for the 2024 Rule of Law  Report,  p. 19. The platform serves members of the Austrian 
justice system on two levels: as an information tool on compliance/integrity issues and as a reporting tool for 
corrupt practices that only affect members of the Austrian justice system. An information brochure on how to 
use the platform is available on the intranet of the justice system.  

171  The reports that fall within the scope of the Whistleblower Protection Act led to 23 follow-up measures. 
172  Information received from the BAK in the context of the country visit to Austria. A section for Frequently 
Asked  Questions  aims  to  allow  people  to  self-assess  whether  they  would  fall  under  the  scope  of  the 
legislation.  

173  In  the  period  20  March  2013  –  31  December  2023,  the  reporting  tool  of  the  WKStA  registered  a  total  of 

16 059 cases. WKStA (2024), 2023 WKStA Annual Report.  

174  Information  received  from  the  Central  Public  Prosecutor’s  Office  for  Combating  Economic  Crimes  and 

Corruption in the context of the country visit to Austria.  

175  Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024). This is 7 percentage 

points below the EU average. 

176  Input  from  Austria  for  the  2024  Rule  of  Law  Report,  p.  15.  In  the  first  report,  the  ACA  audited  both 
compliance and corruption prevention in real estate transactions of two state-owned companies (the Austrian 
Federal Railways company and the Austrian Post company). The audit aimed to assess the measures taken to 
prevent  corruption  as  part  of  the  general  conceptual  compliance  management  system  and  to  assess  the 
implementation  of  preventive  measures.  As  for  the  second  report,  the  ACA  recommends  that  federal 
procurements should be increasingly handled by the Federal Procurement GmbH to minimise the possibility 
of corruption, in line with nationally agreed regulations. 
177  Input from Austria for the 2024 Rule of Law Report, p. 15. 

20 

 
 
line with nationally agreed regulations178. When identifying sectors at high risk of corruption, 
civil  society  and  the  prosecution  point  to  the  links  between  some  media  outlets  and  the 
political  sphere  for  example  as  regards  state  advertising  (see  pillar  III)179,  as  well  as  to  the 
zoning and urban planning sector180.  

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

The right to freedom of expression is enshrined in the Constitution181. A new law, which will 
apply from September 2025182 for the first time provides for the active publication of official 
information  and  for  a  subjective  right  to  access  such  information,  together  with  a  new 
constitutional  provision  to  ensure  this  right183.  The  Austrian  Communications  Authority 
(KommAustria)  serves  as  independent  regulator  for  audiovisual  media  services;  its 
administrative  body184 
the  Austrian  Regulatory  Authority  for  Broadcasting  and 
Telecommunications (RTR)185. 

is 

The media regulator continues to function independently and the funding for the Press 
Council has been increased. There have been no changes regarding the institutional setup of 
the  independent  authority  KommAustria  compared  to  previous  editions  of  the  Rule  of  Law 
Report186, and the independent functioning is not at risk. New tasks concerning the Terrorist 
Content Online Regulation and the Digital Services Act have been accompanied by additional 
human  and  financial  resources  for  KommAustria  and  RTR,  which  meet  the  regulator’s 
suggestion187. The Media Pluralism Monitor (MPM 2024) reports a continuously low risk for 
the  independence  and  effectiveness  of  the  media  authority188.  The  funding  for  the  self-
regulatory  body  for  print  media,  the  Press  Council,  has  been  increased  by  law  from 
EUR 150 000 to EUR 230 000189. According to the Press Council, this will provide relief for 
the next three to four years, while the amount of funding has not been linked to the inflation 
rate190. 

A new law on funding of quality journalism in print and online media has been adopted 
with  first  funds  having  been  disbursed,  while  the  establishment  of  a  journalist  school 
owned  by  the  state  still  draws  criticism.  The  new  law  on  funding  of  quality  journalism, 

178  Austrian Court of Audit (2023), Federal government to buy more through Federal Procurement GmbH. Input 

from Austria for the 2024 Rule of Law Report, p. 15. 

179  Information  received  from  the  Central  Public  Prosecutor’s  Office  for  Combating  Economic  Crimes  and 

Corruption and Antikorruptionsbegehren in the context of the country visit to Austria. 

180  Information  received  from  Transparency  International  in  the  context  of  the  country  visit  to  Austria. 
Transparency  International  notes  corruption  risks  connected  to  granting  building  permits  within  local 
communities.  

181  Article 13 of the Fundamental State Law (Staatsgrundgesetz) which has constitutional rank. 
182  Austrian Parliament (2024), Abolition of professional secrecy takes last hurdle in Parliament. 
183  New Article 22a of the Federal Constitutional Law (Bundes-Verfassungsgesetz). 
184  The  RTR  is  a  non-profit  state-owned  company,  which  among  other  things  operationally  supports 

KommAustria. 

185  Austria ranks 32nd in the 2024 Reporters without Borders World Press Freedom Index compared to 29th in 

the previous year. 

186  2021, 2022 and 2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 13 (for 

2021), p. 16 (for 2022) and p. 19 (for 2023). 

187  Information received from KommAustria in the context of the country visit to Austria. 
188  2024 Media Pluralism Monitor, country report for Austria, p. 13. 
189  § 14 Law on the support of quality journalism (Qualitäts-Journalismus-Förderungs-Gesetz). 
190  Information received from the Press Council in the context of the country visit to Austria. 

21 

 
 
which  was  adopted  in  November  2023,  against  the  backdrop  of  a  challenging  economic 
situation  of  media  outlets  in  Austria191,  provides  for  an  increased  annual  funding  of 
EUR 20 million for print and online media, based on the number of journalists and on special 
criteria  like  regional  coverage192.  Based  on  funding  guidelines  issued  by  KommAustria  in 
January  2024,  the  first  funds  were  paid  out  in  May  2024  (for  the  year  2022);  in  the  future 
funds  will  be  distributed  in  two  instalments  in  August  and  November193.  Another  law, 
adopted in April 2023, which has established the Media Hub Austria under the ownership of 
the state194 to provide training programmes for journalists and support for media founders and 
has  transformed  one  of  Austria’s  oldest  newspapers,  the  Wiener  Zeitung,  into  a  medium 
focused  on  training  and  education  and  publishing  mainly  online195,  continues  to  draw 
criticism from stakeholders who, based on the institutional set-up, expressed concerns about 
potential  state  influence  over  the  new  training  and  online  medium196  and  the  alleged 
distortion of competition in the markets of journalism schools and newspapers197. There have 
been no changes in the legal framework concerning transparency of media ownership nor in 
the  high  degree  of  media  market  concentration  or  regarding  rules  addressing  the  latter198. 
According  to  the  MPM  2024,  media  ownership  transparency  is  at  medium  risk  and  the 
plurality of media providers at high risk199. 

Some  further  progress  has  been  made  although  the  impact  of  the  new  law  increasing 
transparency  of  allocation  of  state  advertising  will  still  need  to  be  seen  in  practice, 
notably  on  the  issue  of  fair  distribution  of  resources.  The  2023  Rule  of  Law  Report 
recommended to Austria to ‘[t]ake further steps to reform of the framework for the allocation 
of state advertising by public authorities at all levels, in particular to improve the fairness of 
its  distribution’200.  Concerning  public  spending  on  state  advertising,  in  2023,  public 
authorities spent EUR 193 million on advertising (4% less than the previous year), of which 
EUR  25.8  million  (or  13.4%)  were  paid  to  one  media  group  (12.8%  less  than  the  previous 

191  Information received from the Publishers’ Association and from Presseclub Concordia in the context of the 

country visit to Austria. 

192  2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 19.  The threshold for 
online  media  of  150 000  unique  users  per  month  has  been  criticised  to  exclude  new  innovative  media; 
information received from Presseclub Concordia in the context of the country visit to Austria. 

193  §  21  Law  on  the  support  of  quality  journalism;  KommAustria  (2024),  Funding  of  quality  journalism: 

overview of results for 2022 

194  In addition, the company shares are held by the Chancellor. 
195  2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, pp. 19-20. 
196  Information received from Presseclub Concordia and the Press Council in the context of the country visit to 
Austria.  The  Government,  on  the  other  hand,  stresses  that  as  opposed  to  the  former  setup  of  the  Wiener 
Zeitung there would be safeguards to protect editorial independence as also mentioned in the 2023 Rule of 
Law  Report,  Country Chapter on the rule of law situation in Austria, p. 20; information received from the 
Federal Chancellery in the context of the country visit to Austria. 

197  Information  received  from  the  Publishers’  Association  and  Presseclub  Concordia  in  the  context  of  the 

country visit to Austria. 

198  2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 21. The Austrian law 
provides  for  specific  rules  regarding  the  assessment  of  media  market  concentrations  (§  13 Antitrust  Law 
(Kartellgesetz))  which,  however,  have  been  ‘largely  ineffective’  (2024  Media  Pluralism  Monitor,  country 
report for Austria, pp. 15-16). 

199  2024 Media Pluralism Monitor, country report for Austria, pp. 15-16. 
200  2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, pp. 2, 20-21, where the 
Commission acknowledged that Austria had made some progress on  the recommendation made in the 2022 
Rule of Law Report to reform the framework for the allocation of state advertising by public authorities at all 
levels, in particular to improve transparency of its distribution.  

22 

 
 
year)201, whose publications reach an  audience share of around 36%202. The Court of Audit 
found  in  a  Report  published  in  February  2024  that  the  Federal  Government,  between  2019 
and  2021,  modified  allocation  schemes  for  State  advertising  prepared  by  specialised 
contractors to the benefit of media favouring the ruling parties203. It will still need to be seen 
whether the new law on the transparency of media cooperation and funding, adopted in April 
2023  and  in  force  since  January  2024,  will  have  an  impact  on  such  practices.  The  law  has 
widened  the  scope  of  state  advertising  contracts  which  have  to  be  publicly  disclosed  and, 
above certain sums per contract, introduced a requirement for the public authority concerned 
to describe the target group and how the advertising contributed to cover the public’s need for 
information  or  additionally  to  perform  an  analysis  of  the  effect  of  the  advertising 
campaign204. There is a discussion whether this approach, combined with a strict focus on the 
factual  need  for  the  media  campaign  in  question,  can  sufficiently  ensure  fairness  of  the 
distribution  of  advertising  campaigns205;  in  this  context  the  Government  also  considers  the 
existing  law on public procurement to  be a relevant  instrument206. Considering the possible 
impact  of the new law, which, applied properly and in  combination with standards of good 
governance,  is  likely  also  to  improve  the  issue  of  fairness  of  distribution,  some  further 
progress has been made on the recommendation made in the 2023 Rule of Law Report. 

A judgment of the Constitutional  Court found the rules on the management bodies of 
the public service broadcaster to be unconstitutional. In October 2023 the Constitutional 
Court  ruled  as  unconstitutional  the  composition  of  the  management  bodies  of  the  public 
service media provider ORF due to a violation of the requirement of independence, given the 
strong  rights  of  the  Federal  Government  regarding  that  composition  and  the  fact  that  the 
members of the governing Foundation Council (Stiftungsrat) that have been appointed by the 
Federal Government or the governments of the Länder (which together constitute more than 
half  of  the  Council)  can  be  dismissed  if  a  new  government  is  constituted207.  The  legislator 
must  adopt  a  new  regulation  by  31  March  2025.  Stakeholders  raised  expectations  that  the 
new  regulation  should  lead  to  less  political  influence  on  the  ORF  (not  only  from  the 
governments, but also from political parties) and should provide for more professionals in the 
management bodies208. The Federal Chancellery prepared a first draft, with negotiations on it 
expected  in  the  coming  months209.  Following  the  publicity  around  the  events  reported  last 

201  KommAustria,  Visualisation  of  data  on  media  transparency.  The  media  group  is  Mediaprint  with  its 

publications Krone and Kurier and related media services. 

202  Statistik Austria (2023), Reach of Austrian daily newspapers 2021, with Neue Kronen-Zeitung accounting for 

30% and Kurier for 6.3%. 

203  Court of Audit (2024), Court of Audit criticises incomprehensible decisions regarding public relations work 

of ministries. 

204  2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 20. 
205  While  notably  the  Court  of Audit  is  of  the  opinion  that  if  public  authorities  did  a  proper  check  for  any 
advertising campaign based on the principles of good governance (including the check for the need for the 
campaign), there would not necessarily be a need for separate fairness rules (with KommAustria as authority 
responsible for collecting the information from public authorities on their advertising campaigns concurring 
with that position) and while the Publishers’ Association considers it very difficult to find a fair distribution 
key, Presseclub Concordia misses clear criteria for the distribution of State advertising; information received 
from the Court of Audit, the Publishers’ Association and Presseclub Concordia in the context of the country 
visit to Austria. 

206  Information received from the Federal Chancellery in the context of the country visit to Austria. 
207  Judgment of the Constitutional Court of 5 October 2023, G 215/2022. 
208  Information received from Presseclub Concordia, the Press Council and the editorial board of the ORF in the 

context of the country visit to Austria. 

209  Information received from the Federal Chancellery in the context of the country visit to Austria.  

23 

 
 
year  which  further  illustrated  the  risks  of  politicisation  of  the  public  broadcaster210,  the 
appointments made in the last few months appear to have been free of political influence211. 
As of 1 January 2024, the ORF is (mainly) financed by a household fee which is considerably 
lower than the former fee which was linked to the possession of a TV or radio set, making the 
service  more  affordable  for  everyone  while  broadening  the  base  of  contributors212.  The 
savings to which the ORF had to commit have been made through increased efficiencies and 
a  standstill  in  staff  reappointments,  so  that  the  content  offer  could  be  maintained213. 
According to the MPM 2024, ‘independence of public service media’ is at medium risk214. 

With the adoption of a Freedom of Information Act, the recommendation on the reform 
of  access  to  official  documents  was  fully  implemented.  The  2023  Rule  of  Law  Report 
recommended  to  Austria  to  ‘[a]dvance  with  the  reform  on  access  to  official  information 
taking into account the European standards on access to official documents’215. In February 
2024, Parliament adopted a Freedom of Information Act which for the first time provides a 
subjective  right  to  information  vis-à-vis  public  authorities  and  state-owned  enterprises, 
applicable  from  September  2025,  which  was  also  enshrined  in  the  Constitution216.  The  law 
consists  of  two  pillars,  one  regarding  the  obligation  of  authorities  to  actively  publish 
information  (with  communities  of  a  population  of  less  than  5 000  being  exempt  from  this 
obligation) and the other regarding the right to request information from them. The ordinary 
delay to reply to a request has been shortened from eight to four weeks (in special cases it can 
be  prolonged  for  another  four  weeks)217.  The  reaction  from  stakeholders  ranges  from  very 
positive  to  sceptical,  with  critics  pointing  to  the  exceptions  which  could  leave  too  much 
leeway to the authorities218, the lack of an independent body that citizens can turn to and that 
can advise authorities on the application of the law and a procedure of judicial review which 

210  The editor-in-chief of the news department of ORF and the director of the ORF studio of the Lower Austria 
region both resigned in 2022 and 2023, facing accusations of being receptive to undue influence regarding 
staff allocation, respectively of having influenced the news coverage in favour of the regional governor and 
the  ruling  party  in  the  region  during  the  time  as  editor-in-chief;  see  2023  Rule  of  Law  Report,  Country 
Chapter on the rule of law situation in Austria, p. 21. 

211  Information received from the editorial board of the ORF in the context of the country visit to Austria. 
212  This aspect has been stressed by the Federal Chancellery; information received in the context of the country 
visit to Austria. The new household fee has been set at EUR 15.30 per month as opposed to EUR 22.45 for 
the former fee; in both cases this fee can be increased by an additional fee charged in some cases at the level 
of the regions (Futurezone (2023), FAQ regarding the new ORF fee). 

213  Information received from the editorial board of the ORF in the context of the country visit to Austria. 
214  2024  Media  Pluralism  Monitor,  country  report  for  Austria,  pp.  21-22.  According  to  the  European 
Parliament’s  Flash  Eurobarometer:  News  &  Media  Survey  2023,  p.  44,  50%  of  the  population  of Austria 
trust public TV and radio stations (incl. online), which is slightly above the EU average of 48%. 

215  2023 Rule of Law  Report, Country chapter on the rule of law situation in Austria, pp. 2, 22, where it was 
said  that Austria  had  made  no  progress  on  the  recommendation  made  in  the  2022  Rule  of  Law  Report  to 
advance  with  the  reform  on  access  to  official  information  taking  into  account  the  European  standards  on 
access to official documents. 

216  Austrian Parliament (2024), Abolition of official secrecy takes last hurdle in Parliament. 
217  Input from Austria for 2024 Rule of Law Report, p. 27. Judicial review (which has to be decided upon within 
two months) is available against the formal decision denying the access to the information which must be 
requested and which the authority has to issue within two months,  § 11 of the Freedom of Information Act 
(Informationsfreiheitsgesetz). 

218  Examples  given  are  the  provision  that  the  request  is  to  be  denied  if  the  request  ‘obviously  constitutes  an 
abuse of the right’ (§ 9(3) of the Freedom of Information Act) and if this is necessary to prevent ‚significant 
economic or financial damages’ of the public body in question (§ 6(1) No. 6, Freedom of Information Act). 

24 

 
 
is  perceived  as  too  lengthy219.  The  Federal  Government  as  well  as  regional  and  local 
authorities  plan  to  issue  information  material  and  to  implement  training  courses,  with  the 
Data Protection Authority also being responsible for the provision of guidelines and training 
offers220. With the adoption of the freedom of information act, the recommendations made in 
the previous years have been fully implemented. 

Challenges remain regarding the safety of journalists, online as well as offline, with the 
Government  planning  to  enhance  training  and  awareness-raising.  As  reported  in  last 
year’s Rule of Law Report221, the general climate regarding the safety of journalists remains 
tense222. The Media Freedom Rapid Response project reports two physical assaults at public 
events  (one  of  them  also  being  reported  by  the  Council  of  Europe  Platform  to  promote the 
protection  of  journalism  and  safety  of  journalists223)  since  June  2023224.  The  creation  of 
liaison  officers  within  the  police  forces  to  deal  with  such  incidents,  in  particular  at 
demonstrations, has not yet led to satisfying results across the board225. There are also more 
and  more  online  campaigns  against  (mainly  female)  journalists  with  the  perpetrators  not 
being  able  to  be  identified  by  the  police226.  As  a  result  of  newly  initiated  regular  meetings 
with editors-in-chief, the Government intends to enhance training and awareness-raising and 
work on establishing independent legal and psychological advice to journalists227. Due to the 
difficulty to properly identify strategic lawsuits against public participation (SLAPPs) and a 
lack of awareness, there is no clarity on the number of SLAPP cases228 (see also pillar IV). 
The Constitutional Court has ruled on 14 December 2022 that a complete exemption of media 
outlets  from  the  application  of  the  data  protection  laws  would  be  unconstitutional  and  has 
rendered  the  exemption  void  as  of  1  July  2024229.  While  stakeholders  have  expressed 
concerns  that  data  protection  law  could  be  used  in  an  undue  manner  against  journalists, 
notably  by  the  launch  of  lawsuits  against  them,230  the  Government  has  indicated  that  it 
intends,  in  line  with  constitutional  and  Union  law  requirements231,  to  strike  an  appropriate 

219  Information  received  from  Forum  Informationsfreiheit,  Transparency  International,  the  Publishers’ 

Association, the Press Council and the editorial board of the ORF. 

220  Written contribution from the Federal Chancellery in the context of the country visit to Austria, p. 9. 
221  2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 22. 
222  Information received from the editorial board of the ORF in the context of the country visit to Austria, whose 
representative spoke of a ‘massive climate change’ and that he would no longer wear clothing showing his 
affiliation with the ORF, with most other media outlets acting accordingly. 

223  Council  of  Europe,  Platform  to  promote  the  protection  of  journalism  and  safety  of  journalists,  Alert 

no. 200/2023. It has been the only alert published on the platform since the last Rule of Law Report. 

224  European Centre for Press and Media Freedom, Mapping Media Freedom, Austria  country profile. One of 

the assaults was committed by the bodyguard of the party leader of the FPÖ party. 

225  Information  received  from  Presseclub  Concordia  in  the  context  of  the  country  visit  to  Austria,  which 
reported  instances  of  pressure  being  put  on  journalists  at  demonstrations  with  the  police  forces  not 
intervening.  

226  Information received from Presseclub Concordia in the context of the country visit to Austria. 
227  Information  received  from  the  Federal  Chancellery  in  the  context  of  the  country  visit  to  Austria.  The 

independent legal advice would supplement the legal service provided by Presseclub Concordia. 

228  One stakeholder identified two such cases in the reporting period,  contribution from Presseclub Concordia 
for the 2024 Rule of Law Report, p. 18. This difficulty is in fact also shown by the fact that in one of these 
cases  the  Court  of  Appeals  ordered  a  re-hearing  at  lower  instance  (which  had  dismissed  the  complaint), 
which could raise doubts about the status of the complaint as a SLAPP. 

229  Judgment of the Constitutional Court of 14 December 2022, G-287/2022, G-288/2022. 
230 Information received from the Publishers’ Association and Presseclub Concordia in the context of the country 

visit to Austria. 

231  Notably Article 85 of Regulation (EU) 2016/679 (General Data Protection Regulation) 

25 

 
 
balance  between  the  right  to  the  protection  of  personal  data  and  the  right  to  freedom  of 
expression and information232. In May 2024, the Ministry of Justice issued a draft law which 
would give media outlets the possibility to deny  a request for information, among others, if 
this  is  necessary  and  proportionate  for  the  protection  of  editorial  secrecy233.  The  reactions 
among  media  stakeholders  range  from  overall  positive  to  rather  fundamental  criticism,  and 
even those who see it positively consider that this approach may not be sufficient to protect 
media outlets from an undue impact on their activities234. The law, with some amendments in 
relation to the draft based on the results of the public consultation, was adopted by Parliament 
in June 2024 and entered into force on 1 July 2024. 

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Austria is a federal republic with a bicameral parliament, composed of the National Council 
(Nationalrat) and the Federal Council (Bundesrat). Legislative proposals can be submitted by 
the Government, by members of both chambers of parliament, as well as by way of popular 
initiative235. The Constitutional Court carries out an ex-post constitutionality review of laws, 
which  is  possible  both  in  concrete  cases236  and  as  an  abstract  review  of  a  law,  based  on 
appeals  by  the  federal  or  a  regional  Government  or  by  a  third  of  the  members  of  either 
to  upholding 
parliamentary  chamber.  Several  different  Ombudspersons  contribute 
fundamental rights in different areas, including the Ombudsperson Board, which functions as 
the National Human Rights Institution, and the Disability Ombudsperson and the Ombud for 
Equal Treatment, which both function as national equality bodies237.  

Efforts to enhance participatory policy-making processes continue.  The implementation 
of  the  project  on  ‘participation  in  the  digital  age’  has  continued,  with  a  comprehensive 
practical guide for policymakers on organising participatory processes having been published 
at  the  end  of  2023238.  The  competent  ministry  has  already  planned  connected  training 
activities  towards  the  end  of  2024.  A  third  phase  of  the  project,  which  aims  to  provide  the 

232  Information  received  from  the  Federal  Chancellery  in  the  context  of  the  country  visit  to  Austria.  The 
Constitutional  Court  has  stated  that  the  “rights  of  freedom  of  expression  and  of  information  force  the 
legislator to […] exclude the application of certain data protection provisions, that do not comply with the 
specificities  of  journalistic  activity,  to  data  processing  for  journalistic  purposes.”  Judgment  of  the 
Constitutional Court of 14 December 2022, G-287/2022, G-288/2022, p. 67. 

233  Ministry of Justice (2024), Draft law to amend the data protection law. The draft law also allows the media 
outlet to charge nine euros for any request. The draft had been published for possible comments to be made 
until 20 May 2024.  

234  See  Presseclub  Concordia  (2024),  Statement  to  the  draft  law  to  amend  the  data  protection  law: While  the 
draft law is overall considered positively, there is the danger of a ‘potential gateway for the obstruction of 
journalistic action through SLAPP-kind activities’, notably because the media outlet would have to decide in 
every  single  case  about  the  necessity  and  proportionality.  This  aspect  is  also  stressed  by  the  Austrian 
Association  of  Newspapers  and  the  Austrian  Association  of  Magazines  and  Specialist  Media  in  their 
identical  statements  (2024),  which,  however,  also  speak  of  an  ‘overall  positive’  draft.  The  public  service 
media  provider  ORF  and  the  Association  of  Austrian  Private  Broadcasters  in  their  common  statements 
(2024) express more fundamental criticism as in their opinion no rights of data subjects would have to apply 
if data are processed for journalistic purposes. 

235  This requires signatures by 100 000 voters or by one sixth each of the voters in three provinces. Input from 

Austria for the 2020 Rule of Law Report, p. 50.  

236  The  review can take place ex-officio or on application by another court,  an individual or a party to a case 

pending before an ordinary court of first instance.  
237  There also is an Ombudsperson for Children and Youth.  
238  Practical Guide – Participation in the Digital Age.  

26 

 
 
Austrian public administration with a digital tool for participation-processes, is scheduled to 
be  starting  in  2025239.  The  Austrian  umbrella  association  of  non-profit  organisations  has 
generally  welcomed  the  cooperation  with  decision-makers  and  opportunities  for  dialogue, 
while  noting  the  absence  of  a  formalised  framework  for  civil  dialogue,  meaning  that 
engagement in practice depends on the individual ministries240. As regards the consultation of 
stakeholders on draft laws by the Government, a statutory standard deadline of six weeks is 
provided for241, but certain instances of significantly shorter consultation periods continue to 
be noted242 and business associations have noted room for improvement regarding the quality 
and stability of law-making243.  

On 1 January 2024, Austria had 6 leading judgments of the European Court of Human 
Rights pending implementation, an increase of three compared to the previous year244. 
At  that  time,  Austria’s  rate  of  leading  judgments  from  the  past  10  years  that  remained 
pending was at 32% (compared to 22% in 2023), and the average time that the judgments had 
been pending implementation was 1 year and 5 months (compared to 1 year and 3 months in 
2023)245. The change in data is influenced by the delivery of three new leading judgments by 
the  Court  against  Austria  in  2023.  As  regards  the  respect  of  payment  deadlines,  on  31 
December 2023 there were 3 cases in total awaiting confirmation of payments (compared to 1 
in 2022)246. On 1 July 2024, the number of leading judgments pending implementation had 
decreased to five247.  

The  Ombudsperson  Board  continues  to  operate  independently  and  has  expanded  its 
dialogue with civil society. The Ombudsperson Board, which is the National Human Rights 
Institution accredited with A-Status248, has seen a steady increase in its budget over the past 

239  Information  received  from  the  Ministry  for  Arts,  Culture,  Civil  Service  and  Sport  in  the  context  of  the 

country visit to Austria.  

240  Contribution from Bündnis für Gemeinnützigkeit as part of European Civic Forum, pp. 11-13.  
241  2023 Rule of Law Report, Country Chapter on the rule of law situation in Austria, p. 23.  
242  Contribution from the CCBE – Austria for the 2024 Rule of Law Report, p. 15.  
243  Information received from the WKÖ in the context of the country visit to Austria. However, only 12 % of the 
surveyed  companies  perceive  frequent  changes  in  legislation  or  concerns  about  quality  of  law-making 
process  as  a  reason  for  the  lack  of  confidence  in  investment  protection.  Figure  56,  2024  EU  Justice 
Scoreboard. 

244  The adoption of necessary execution measures for a  judgment by the European Court of Human Rights is 
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group 
cases against a State requiring similar execution measures, particularly general measures, and examine them 
jointly. The first case in the group is designated as the leading case as regards the supervision of the general 
measures and repetitive cases within the group can be closed when it is assessed that all possible individual 
measures needed to provide redress to the applicant have been taken. 

245  All figures are calculated by the European Implementation Network and are based on the number of cases 
that  are  considered  pending  at  the  annual  cut-off  date  of  1  January  2024.  See  the  Contribution  from  the 
European Implementation Network for the 2024 Rule of Law Report, p. 1. 

246  Council  of  Europe  (2024),  Supervision  of  the  execution  of  judgments  decisions  of  the  European  Court  of 

Human Rights – 17th Annual Report of the Committee of Ministers – 2023, p. 137.  

247  Data according to the online database of the Council of Europe (HUDOC). 
248  The Global Alliance of Human Rights Institutions (GANHRI) in its decision to accredit the Ombudsperson 
Board with A-Status in March 2022 made certain recommendations related to the appointment procedure of 
the board and for ensuring diversity in this membership. 2023 Rule of Law Report, Country Chapter on the 
rule of law situation in Austria, p. 24. So far, no further follow-up has been reported as regards the legislative 
framework.  Information  received  from  the  Ombudsperson  Board  in  the  context  of  the  country  visit  to 
Austria.  

27 

 
 
years and considers its resources to be sufficient to carry out its tasks249. Its recommendations 
are in general followed-up and implemented by the authorities250. In 2023, the Board received 
23 124  complaints  (out  of  which  16 655  were  deemed  admissible),  a  similar  level  to  2022 
(23 958 complaints, out of which 16 911 admissible)251. In addition to its annual NGO Forum 
organised  every  year  on  a  specific  topic,  which  focused  in  2023  on  poverty  reduction,  the 
Ombudsperson  Board  has  established  an  ‘NGO  Sounding  Board’,  a  less  formalised  forum 
which  meets  quarterly  to  strengthen  alliances  between  the  Ombudsperson  Board,  other 
Ombudspersons  and  civil  society  organisations.  This  has  led  for  instance  to  a  coordinated 
submission to the country review process of the UN Committee on the Rights of Persons with 
Disabilities252.  

Considerable delays in appointments to senior positions in independent authorities have 
continued to occur. While a number of appointments to high-level positions in independent 
authorities and courts took place after considerable delays in 2023, such as for the head of the 
competition authority253 and the President of the Federal Administrative Court (see pillar I), 
other  appointments  remain  pending,  including  two  members  of  the  Council  on  Directives 
(since  the  end  of  2022  (see  pillar  I)).  Stakeholders  have  long  criticised  the  appearance  of 
politicisation in these appointment procedures for independent authorities and publicly owned 
companies,  as  in  general  no  justifications  are  provided  for  lengthy  delays254.  There  is  also 
continued  criticism  of  deviations  from  the  ranking  of  candidates  by  the  selection 
commissions  involved  in  the  procedures255.  While  the  act  on  the  advertising  of  vacancies 
stipulates  deadlines  for  both  the  advertisement  and  selection  procedure  of  management 
positions  to  avoid  interim  appointments  to  top  positions256,  this  does  not  cover  the  final 
decision-making process for positions where the Government needs to agree on the candidate 
to  be  appointed.  A  reform  of  this  act  has  been  called  for  in  the  final  report  from  the 

249  Contribution from the Ombudsperson Board for the 2024 Rule of Law Report, p. 2.  
250  The weekly TV show ‘Bürgeranwalt’ with the Ombudspersons where ongoing investigations are presented is 
also  considered  to  contribute to  addressing  issues  effectively,  and  also  includes  a  follow-up  section  where 
older cases are revisited. Contribution from the Ombudsperson Board for the 2024 Rule of Law Report, p. 4.  
251  An increase of complaints was noted in the areas of internal security (26.5% cases, increase by 14%)  and 
climate  and  environment  protection  (19%  of  cases;  increase  by  42%).  Ombudsperson  Board  (2024),  2023 
Annual Report to Parliament.   

252  Contribution from the Ombudsperson Board for the 2024 Rule of Law Report, p. 5.  
253  The position had been open since 2021 and the appointment was made in October 2023.  Der Standard (10 

October 2023), Government agrees on head of the national competition authority.  

254  See e.g. the Amnesty International, epicenter.works, Ökobüro und asylkoordination österreich (2024), Joint 
statement  on  appointment  at  the  Federal Administrative  Court;  Ministry  of  Interior  (2022),  Reasoning  for 
launching  the  anti-corruption  citizens’  initiative;  and  Transparency  International  Austria  (2021),  More 
Transparency  in  the  appointment  of  top  posts  in  state-near  companies.  Furthermore,  the  ‘Initiative  Better 
Public Administration’ composed of experts in the field (including a former Minister of Justice), presented a 
set  of  reform  proposals  in  2023,  identifying  the  untransparent  allocation  of  key  posts  in  the  public 
administration  based  on  party-political  affiliation  as  a  key  issue.  Initiative  Better  Public  Administration 
(2023), 50 point plan for a better public administration. As regards the Federal Administrative Court, this had 
also been identified as an area for further examination by the Court of Audit. Court of Audit (2023), Report 
on the Federal Administrative Court, p. 110.   

255   Ibid. As noted in the 2022 Rule of Law Report, the topic of political side-agreements on the allocation of 
top-level  positions  in  various  bodies  of  the  public  sector  had  drawn  public  attention  following  revelations 
around  the  so-called  side-letters,  allocating  positions  in  the  judiciary,  public  service  media  or  state-owned 
companies  between  the  coalition  parties.  2022  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law 
situation in Austria, pp. 3-4.  

256  Act on the advertising of vacancies, sections 5 and 12.  

28 

 
 
investigative  parliamentary  committee  on  corruption  of  a  government  party257  and  in  the 
citizens’ initiative on anti-corruption258.  

There  have  been  improvements  in  the  operating  space  for  civil  society,  particularly 
through a reform of the tax framework for non-profit organisations. Civil society space 
in Austria continues to be considered as ‘open’259. The reform of the tax framework for non-
profit  organisations,  already  noted  in  previous  Rule  of  Law  Reports260,  was  adopted  in 
December 2023261 and has been generally welcomed by civil society organisations, who had 
long  advocated  for  such  a  reform262.  It  notably  expands  the  list  of  activities  considered  as 
non-profit for the purposes of the tax deductibility of donations, now including also human 
rights protection, animal welfare, education, sport and culture, and also introduced a number 
of  administrative  simplifications263.  An  amendment  to  the  law  on  voluntary  engagement 
which  entered  into  force  in  September  2023264,  increased  financial  support  and  simplified 
administrative  requirements.  As  regards  the  safe  space,  while  the  general  framework  for 
CSOs to act freely and independently is in place265, individual instances of SLAPPs against 
civil  society  organisations266  have  been  reported,  as  well  as  questions  about  the 
proportionality  of  detention  measures  and  legal  action  faced  by  climate  activists  related  to 
acts of peaceful civil disobedience267.  

257  Recommendations 1: Act on the advertising of vacancies  – transparent procedures for applications for (top 
level)  positions  in  public  authorities  involving  independent  personal  selection  agencies  based  solely  on 
objective criteria and qualification. Austrian Parliament (2023), Report of the ÖVP Corruption Committee, p. 
470.  

258  Austrian Parliament (2024), Report of the Justice Committee on the anti-corruption citizens’ initiative, p. 5.   
259  Rating  given  by  Civicus,  Austria.  Ratings  are  on  a  five-category  scale  defined  as:  open,  narrowed, 

obstructed, repressed and closed. 

260  2022 and 2023 Rule of Law Reports, Country Chapter on the rule of law situation in Austria, p. 23 and p. 25.  
261  Input from Austria for the 2024 Rule of Law Report, p. 35.  
262  Contribution from Bündnis für Gemeinnützigkeit as part of European Civic Forum for the 2024 Rule of Law 
Report, pp. 10-11. Bündnis für Gemeinnützigkeit is the association of 15 national umbrella organisations of 
civil society and 80 further individual organisations.  

263  While  some  CSOs  had  raised  last-minute  concerns  about  certain  provisions  related  to  the  loss  of  the  non-
profit status in case of violations of the legal provisions, these are considered to have been mostly addressed 
in  the  final  text  or  to  correspond  to  the  de-facto  situation  before  the  reform.  Information  received  from 
Bündnis für Gemeinnützigkeit in the context of the country visit to Austria.  

264  Input from Austria for the 2024 Rule of Law Report, p. 27.  
265  Contribution from Bündnis für Gemeinnützigkeit as part of European Civic Forum for the 2024 Rule of Law 

Report, p. 8.  

266  Such  as  against  SOS  Balkanroute,  a  civil  society  organisation  active  in  the  field  of  asylum.  See Amnesty 

International (2023), ICMPD gives in – no appeal against SOS Balkanroute in SLAPP case. 

267  Contribution from Bündnis für Gemeinnützigkeit as part of European Civic Forum for the 2024 Rule of Law 
Report,  pp.  8-10,  which  also  notes  that  in  certain  instances  courts  have  rejected  applications  for  pre-trial 
detention of those concerned.  

29 

 
 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2024 Rule of Law report 
can be found at https://commission.europa.eu/publications/2024-rule-law-report-targeted-stakeholder-
consultation_en. 

Amnesty International (2023), ICMPD gives in – no appeal against SOS Balkanroute in SLAPP case 
(ICMPD  gibt  auf  –  Keine  Berufung  Gegen  SOS  Balkanroute 
im  SLAPP  Verfahren), 
https://www.amnesty.at/presse/icmpd-gibt-auf-keine-berufung-gegen-sos-balkanroute-im-slapp-
verfahren.  

Amnesty International, epicenter.works, Ökobüro and asylkoordination österreich, Joint statement on 
appointment  at  the  Federal  Administrative  Court  (Gemeinsame  Stellungnahme  zur  Besetzung  des 
beeinträchtigt 
Bundesverwaltungsgerichts),  Bundesverwaltungsgericht:  Postenbesetzungsfarce 
Vertrauen  in Justiz,  Regierung  muss  Spielchen  sofort  beenden  und  handeln  |  Amnesty  International 
Österreich.  

Association  of  Austrian  Administrative  Judges,  Appointment  procedures  for  (vice-)presidents  of 
regional  administrative  courts  in  comparison  with  European  standards,  (Ernennungsverfahren  der 
Präsident:innen/Vizepräsident:innen  der  Landesverwaltungsgerichte 
im  Abgleich  mit  den 
europäischen  Standards),  https://www.verwaltungsrichter.at/2024/02/19/ernennungsverfahren-der-
praesidentinnen-vizepraesidentinnen-der-landesverwaltungsgerichte-im-abgleich-mit-den-
europaeischen-standards/.  

Association of Austrian Private Broadcaster (VÖP) (2024), Statement to the draft law to amend the 
data  protection  law  (together  with  ORF)  (Stellungnahme  zum  Ministerialentwurf  zur  Änderung  des 
Datenschutzgesetzes), https://www.parlament.gv.at/gegenstand/XXVII/SNME/253888/.  

Association  of  European  Administrative  Judges  (2024),  Contribution  from  the  Association  of 
European Administrative Judges – Austria for the 2024 Rule of Law Report.  

Association of Judges (2024), Contribution from the Association of Judges for the 2024 Rule of Law 
Report.   

Association  of  Prosecutors  (2024),  Contribution  from  the  Association  of  Prosecutors  for  the  2024 
Rule of Law Report. 

Austrian Association of Magazines and Specialist Media (ÖZV) (2024), Statement to the draft law to 
amend  the  data  protection  law  (Stellungnahme  zum  Ministerialentwurf  zur  Änderung  des 
Datenschutzgesetzes), https://www.parlament.gv.at/gegenstand/XXVII/SNME/253981/.  

Austrian  Association  of  Newspapers  (VÖZ)  (2024),  Statement  to  the  draft  law  to  amend  the  data 
protection  law  (Stellungnahme  zum  Ministerialentwurf  zur  Änderung  des  Datenschutzgesetzes), 
https://www.parlament.gv.at/gegenstand/XXVII/SNME/253978/.  

Austrian  Bar  Association  (2022),  ÖRAK  calls  for  far-reaching  reforms  in  the  safeguarding  and 
evaluation  of  data  and  data  carriers  (ÖRAK  fordert  tiefgreifende  Reformen  bei  Sicherstellung  und 
Auswertung  von  Daten  und  Datenträgern),  https://www.oerak.at/aktuelles/aktuelles/news/oerak-
fordert-tiefgreifende-reformen-bei-sicherstellung-und-auswertung-von-daten-und-datentraegern/.  

Austrian  Chamber  of  Commerce  (2024),  National  regulation  on  thresholds  for  public  tenders  until 
31 December  2025  (Nationale  Schwellenwerteverordnung  bei  öffentlicher  Auftragsvergabe  bis 
31.12.2025), https://www.wko.at/wirtschaftsrecht/schwellenwerteverordnung-2023.  

Austrian  Court  of  Audit  (2023),  Federal  government  to  buy  more  through  Federal  Procurement 
GmbH,  (Bund  soll  mehr  über  Bundesbeschaffung  GmbH  einkaufen),  Bund  soll  mehr  über 
Bundesbeschaffung GmbH einkaufen - Rechnungshof Österreich.  

Austrian Court of Audit (2024), Court of Audit criticizes incomprehensible decisions regarding public 
relations work of ministries (Rechnungshof kritisiert nicht nachvollziehbare Entscheidungen bei der 
Ministerien), 
in 
Medienarbeit 

30 

 
https://www.rechnungshof.gv.at/rh/home/news/Meldungen_2024/Rechnungshof_Kostentransparenz_
Medienarbeit.html. 

Austrian Government (2024), Input from Austria for the 2024 Rule of Law Report. 

Austrian Government (2024), Written contribution in the context of the country visit to Austria. 

Austrian Judges  Association  (1  March  2024),  Judges Association comments on the reporting in  the 
criminal 
https://richtervereinigung.at/wp-
content/uploads/2024/03/RiV_Medienaussendung_01.03.2024_HP.pdf. 

Sebastian  Kurz 

against 

others. 

case 

and 

Austrian Ministry for Arts, Culture, Civil Service and Sports (2023), Practical Guide – Participation in 
the  Digital  Age  (Praxisleitfaden:  Partizipation  im  digitalen  Zeitalter),  Praxisleitfaden:  Partizipation 
im digitalen Zeitalterer (oeffentlicherdienst.gv.at). 

Austrian  Ministry  of  Justice  (2023),  Investigative  Commission  (Untersuchungskommission), 
Untersuchungskommission - BMJ. 

Austrian  Ministry  of  Justice  (2023),  Reply 
(Beantwortung 
parlamentarischen Anfrage.  

parlamentarischen  Anfrage 

der 

to  Parliamentary  Question  15859/J-NR/2023 
der 
15859/J-NR/2023),  Beantwortung 

Austrian Ministry of Justice (2024), Draft law to amend the data protection law, (Gesetzesentwurf mit 
dem 
wird), 
https://www.ris.bka.gv.at/Dokument.wxe?Abfrage=Begut&Dokumentnummer=BEGUT_BD7D0EE6
_250B_4A8F_AC83_EB651BC1A1CB.  

Datenschutzgesetz 

geändert 

das 

Austrian Parliament (2021), Code of Conduct for Members of the National Council and Members of 
the Federal Council.  

Austrian  Parliament  (2023),  "RED-BLUE  Abuse  of  Power  Investigation  Committee"  (5/A-USA 
XXVII.  GP)  since  15.12.2023.  "RED-BLUE  Abuse  of  Power  Investigation  Committee"  (5/A-USA 
XXVII. GP) since 15.12.2023 | Parliament of Austria (parlament.gv.at). 

Austrian Parliament (2023), COFAG Committee of Inquiry (4/A-USA XXVII. GP) since 15.12.2023, 
COFAG  Committee  of  Inquiry  (4/A-USA  XXVII.  GP)  since  15.12.2023  |  Parliament  of  Austria 
(parlament.gv.at). 

Austrian Parliament (2023), Court of Auditors: €4.5 million more to tackle additional tasks (4.5 Mio € 
mehr  zur  Bewältigung  zusätzlicher  Aufgaben),  Budgetausschuss:  2024  mehr  Mittel  für  den 
Rechnungshof (PK1183/13.11.2023) | Parlament Österreich.  

Austrian  Parliament  (2023),  Justice  Committee:  ÖVP  and  Greens  vote  for  extensions  of  corruption 
criminal  law  Justice  Committee:  ÖVP  and  Greens  vote  for  extensions  of  corruption  criminal  law 
(PK0758/28.06.2023) | Parliament of Austria (parlament.gv.at). 

Austrian  Parliament  (2023),  Report  of  the  ÖVP  Corruption  Committee  (Bericht  des  ÖVP-
Korruptions-Untersuchungsausschuss), imfname_1549969.pdf (parlament.gv.at). 

Austrian  Parliament  (2023),  Two  committees  of  inquiry  into  possible  abuse  of  power.  Two 
committees of inquiry into possible abuse of power | Parliament of Austria (parlament.gv.at). 

Austrian Parliament (2024), Abolition of official secrecy takes last hurdle in Parliament (Abschaffung 
des 
Hürde), 
https://www.parlament.gv.at/aktuelles/pk/jahr_2024/pk0124. 

Amtsgeheimnisses 

parlamentarische 

nimmt 

letzte 

Austrian Parliament (2024), Report of the Justice Committee on the anti-corruption citizens’ initiative 
(Bericht 
& 
Antikorruptionsvolksbegehren),  1910  der  Beilagen  XXVII.  GP  -  Ausschussbericht  NR  - 
Berichterstattung (parlament.gv.at). 

Justizausschusses 

Volksbegehren 

“Rechtsstaat 

über 

das 

des 

31 

 
Austrian Parliament (2024), COFAG committee of inquiry and red-blue abuse of power committee of 
inquiry go into the final; COFAG Committee of Inquiry and Red-Blue Committee of Inquiry into the 
Abuse of Power (PK0513/23.05.2024) | Parliament of Austria (parlament.gv.at). 

Austrian  Parliament  (2024),  New  in  the  Constitutional  Committee,  "Cooling-off  phase"  for 
constitutional  judges,  RIS,  special  budget  for  Statistics  Austria;  New  member  of  the  Constitutional 
Committee (PK0639/14.06.2024) | Parliament of Austria (parlament.gv.at). 

Austrian Parliament (2024), Mobile phone evaluation: Legislative package passes Justice Committee 
with  votes  from  ÖVP  and  Greens;  Mobile  phone  evaluation:  Legislative  package  passes  Justice 
Committee  with  votes  from  ÖVP  and  Greens  (PK0674/18.06.2024)  |  Parliament  of  Austria 
(parlament.gv.at). 

Austrian  Parliament  (2024),  Report  of  the  RED-BLUE  Abuse  of  Power  U-Committee  with 
recommendation for Russia-U-Committee; Report of the RED-BLUE Abuse of Power U Committee 
with  recommendation  for  Russia  U  Committee  (PK0763/01.07.2024)  |  Parliament  of  Austria 
(parlament.gv.at). 

Austrian Parliament (2024), National Council adopts two constitutional amendments at the start of the 
plenary week; National Council adopts two constitutional amendments at the start of the plenary week 
(PK0777/03.07.2024) | Parliament of Austria (parlament.gv.at) 

Austrian  Parliament  (2024),  Final  report  of  the  COFAG  Committee  of  Inquiry  is  available; 
https://www.parlament.gv.at/aktuelles/pk/jahr_2024/pk0762.   

Austrian  Parliament  (2024),  Law  amending  the  criminal  procedural  code  2024:  stakeholder 
contributions 
Stellungnahmen), 
https://www.parlament.gv.at/gegenstand/XXVII/A/4125?selectedStage=101.  

(Strafprozessrechtsänderungsgesetz 

2024: 

Bündnis  für  Gemeinnützigkeit  (2024),  Contribution  from  Bündnis  für  Gemeinnützigekit  as  part  of 
European Civic Forum for the 2024 Rule of Law Report.  

CCBE (2024), Contribution from the CCBE for the 2024 Rule of Law Report.  

CCJE Opinion No. 19 (2016) on the role of court presidents. 

Centre  for  Media  Pluralism  and  Media  Freedom  (2024),  Media  Pluralism  Monitor  2024,  Country 
report for Austria.  

CEPEJ (2024), Study on the functioning of judicial systems in the EU Member States. 

Civicus, Monitor tracking civic space – Austria, https://monitor.civicus.org/country/austria.  

Codex  for  corruption  prevention  in  Public  Service  (Verhaltenskodex  zur  Korruptionsprävention  im 
öffentlichen Dienst); Verhaltenskodex – Öffentlicher Dienst (oeffentlicherdienst.gv.at).  

Constitutional Court, decision of 12 December 2023, E 119/2023. 

Constitutional Court, decision of 5 October 2023, G 215/2022. 

Constitutional Court, judgment of 14 December 2022, G-287/2022, G-288/2022. 

Constitutional Court, judgment of 13 December 2023, G 352/2021.  

Constitutional Court, judgment of 14 December 2023, G 328/2022.  

Consultative Council of European Judges, CCJE-BU(2019)3, 29 March 2019.  

Contribution from the European Implementation Network for the 2024 Rule of Law Report 

Contribution from the Ombudsperson Board for the 2024 Rule of Law Report 

Council for Directives (2024), Written contribution from the Council for Directives in the context of 
the country visit to Austria.  

32 

 
Council of Europe (2024), Supervision of the execution of judgments decisions of the European Court 
of Human Rights – 17th Annual Report of the Committee of Ministers – 2023.  

Council  of  Europe,  Platform  to  promote  the  protection  of  journalism  and  safety  of  journalists  – 
Austria, https://fom.coe.int/en/pays/detail/11709480. 

Council  of  Europe:  Committee  of  Ministers  (2000),  Recommendation  CM/Rec(2000)19  of  the 
Committee of Ministers of the Council of Europe to Member States on the Role of Public Prosecution 
in the Criminal Justice System. 

Council  of  Europe:  Committee  of  Ministers  (2010),  Recommendation  CM/Rec(2010)12  of  the 
Committee  of  Ministers  of  the  Council  of  Europe  to  member  states  on  judges:  independence, 
efficiency and responsibilities.  

Council  of  Europe:  Venice  Commission  (2010),  Report  on  European  Standards  as  regards  the 
Independence of the Judicial System: Part II - the Prosecution Service, (CDLAD(2010)040- e).  

Council of Europe: Venice Commission (2022),  Bulgaria - Opinion on the draft amendments to the 
Criminal Procedure Code and the Judicial System Act, (CDL-AD(2022)032).  

Der  Standard  (5  July  2023),  Newspaper  association  involves  EU  against  new  ORF  law 
(Zeitungsverband 
ein), 
https://www.derstandard.at/story/3000000177667/zeitungsverband-schaltet-eu.  

ORF-Gesetz 

schaltet 

gegen 

neues 

EU 

Der Standard (10 October 2023), Government agrees on head of the national competition authority, 
(Regierung  einigt  sich  auf  Leitung  der  Bundeswettbewerbsbehörde),  Regierung  einigt  sich  auf 
Leitung der Bundeswettbewerbsbehörde - Wirtschaft - derStandard.at › Wirtschaft. 

Der Standard (2024), New obligations for media: Ministry of Justice issues draft for delicate reform 
of data protection law (Neue Pflichten für Medien: Justizministerium legte heikle Datenschutzreform 
vor), https://www.derstandard.at/story/3000000219059/neue-pflichten-fuer-medien-justizministerium-
legte-heikle-datenschutzreform-vor.  

Der  Standard  (2024),  Zadic  wants  changes  on  seizure  of  mobile  phones,  consultation  period 
prolonged 
verlängert), 
https://www.derstandard.at/story/3000000225859/handy-sicherstellung-zadic-will-196nderungen-
begutachtung-verl228ngert. 

bei  Handysicherstellung,  Begutachtung 

(Zadic  will  Änderung 

Der  Standard  (15  July  2024),  Pilnacek  Commission  sees  ‘two  class’  justice  in  Austria  (Pilnacek 
Kommission 
Österreich), 
https://www.derstandard.at/story/3000000228371/pilnacek-kommission-si.  

‘Zwei-Klassen 

Justiz’ 

sieht 

in 

Der  Standard  (21  November  2023),  Secretely  recorded  Pilnacek  conversation  heavily  implicates 
Sobotka and ÖVP (Heimlich aufgenommenes Pilnacek-Gespräch belastet Sobotka und ÖVP schwer), 
Heimlich  aufgenommenes  Pilnacek-Gespräch  belastet  Sobotka  und  ÖVP  schwer  -  ÖVP  - 
derStandard.at › Inland.  

Directorate-General  for  Communication  (2024),  Flash  Eurobarometer  543  on  businesses’  attitudes 
towards corruption in the EU.  

Directorate-General  for  Communication  (2024),  Special  Eurobarometer  548  on  citizens’  attitudes 
towards corruption in the EU.  

European  Centre  for  Press  and  Media  Freedom,  Mapping  Media  Freedom,  Austria  country  profile, 
https://www.mappingmediafreedom.org/. 

European Commission (2020a), 2020 EU Justice Scoreboard.  

European  Commission  (2020b),  2020  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law 
situation in Austria.  

European  Commission  (2021a),  2021  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law 
situation in Austria. 

33 

 
European Commission (2022b), 2022 EU Justice Scoreboard.  

European Commission (2022), 2022 Rule of Law Report, Country Chapter on the rule of law situation 
in Austria. 

European Commission (2023), 2023 Rule of Law Report, Country Chapter on the rule of law situation 
in Austria. 

European Commission (2024), 2024 EU Justice Scoreboard.  

European Implementation Network (2024), Contribution from the European Implementation Network 
for the 2024 Rule of Law Report.  

European Parliament (2023), Flash Eurobarometer, News & Media Survey 2023. 

European Public Prosecutor’s Office (2024), 2023 Annual Report.  

Federal  Bureau  of  Anti-Corruption  (2023),  National  Anti-Corruption  Strategy,  National  Anti-
Corruption Strategy (bak.gv.at). 

Federal Disciplinary Authority (2023), Annual Report 2023. 

Franet, European Training and Research Centre for Human Rights and Democracy (2024), Country 
research - Legal environment and space of civil society organisations in supporting fundamental rights 
–  Austria,  Fundamental  Rights  Report  2024  |  European  Union  Agency  for  Fundamental  Rights 
(europa.eu).  

Futurezone  (2023),  FAQ  regarding  new  ORF  fee  (GIS  geht,  ORF-Beitrag  kommt:  Die  wichtigsten 
Fragen  und  Antworten),  https://futurezone.at/digital-life/gis-haushaltsabgabe-befreiung-gebuehr-orf-
gebuehr-kosten-15-euro-laenderabgabe-beitrag/402375828. 

GRECO  (2023),  Fifth  Evaluation  Round  –  Evaluation  Report  on  Austria  on  preventing  corruption 
and  promoting  integrity  in  central  governments  (top  executive  functions)  and  law  enforcement 
agencies. 

GRECO  (2023),  Fourth  Evaluation  Round  –  Second  Compliance  Report  on  Austria  on  corruption 
prevention in respect of members of parliament, judges and prosecutors.  

Initiative  Better  Public  Administration  (2023),  50  point  plan  for  a  better  public  administration  (50-
Punkte-Plan für eine bessere Verwaltung), IBV_Gesamtdokument.pdf (bessereverwaltung.at).      

KommAustria  (2024),  Funding  of  quality  journalism:  overview  of  results  for  2022,  (Qualitäts-
Journalismus-Förderung: Übersicht Ergebnisse für den Beobachtungszeitraum 2022 im Jahr 2024), 
https://www.rtr.at/medien/was_wir_tun/foerderungen/qualitaetsjournalismus/entscheidungen/entschei
dungen/uebersicht2024.de.html.  

KommAustria,  Visualisation 
of 
Medientransparenz), https://visualisierung.medientransparenz.rtr.at/home. 

on  media 

transparency 

data 

(Datenvisualisierung 

Ombudsperson Board (2024), 2023 Annual Report to Parliament.  

Ombudsperson Board (2024), Contribution from the Ombudsperson Board for the 2024 Rule of Law 
Report.  

ORF  (29  March  2024),  Regional  Administrative  Court  –  Debated  president  appointment  confirmed 
(LVwG: Umstrittene Chef-Bestellung bestätigt), https://tirol.orf.at/stories/3251073/.  

ORF (2024), Statement to the draft law to amend the data protection law (together with Association of 
Austrian Private Broadcasters), https://www.parlament.gv.at/gegenstand/XXVII/SNME/253886/.  

Presseclub  Concordia  (2024),  Contribution  from  Presseclub  Concordia  for  the  2024  Rule  of  Law 
Report. 

Presseclub  Concordia  (2024),  Statement  to  the  draft  law  to  amend  the  data  protection  law, 
https://www.parlament.gv.at/gegenstand/XXVII/SNME/254005/.  

34 

 
Regional Administrative Courts (2024), Written contribution from the regional administrative courts 
in the context of the country visit to Austria.  

Report 
https://www.parlament.gv.at/dokument/XXVII/III/1087/imfname_1603488.pdf.  

Instructions 

(Weisungsbericht 

2022 

on 

2022), 

Reporters without Borders (2024), World Press Freedom Index.  

Statement of the four upper regional court presidents (13 July 2023), Federal Administrative Court: 
Upper  Regional  Court  Presidents  urge  re-appointment  (BVwG:  OLG-Präsidenten  urgieren 
Nachbesetzung), BVwG: OLG-Präsidenten urgieren Nachbesetzung - news.ORF.at. 

Statistik Austria (2023), Reach of Austrian daily newspapers 2021 (Reichweite der österreichischen 
Tageszeitungen  2021),  https://www.statistik.at/statistiken/bevoelkerung-und-soziales/kultur/buecher-
und-presse.   

Supreme Administrative (2024),  Written contribution from the Supreme  Administrative Court in the 
context of the country visit to Austria.  

Supreme  Court  (2  January  2024),  New  President  and  Vice-President,  (Neuer  Präsident  und  neuer 
Vizepräsident), 
https://www.ogh.gv.at/news/ogh-news/neuer-praesident-und-neuer-vizepraesident-
am-obersten-gerichtshof/.  

Supreme Court (2024), Contribution from the Supreme Court for the 2024 Rule of Law Report.  

Supreme Court (2024), Written contribution from the Supreme Court in the context of the country visit 
to Austria.  

Transparency International (2024), Corruption Perceptions Index 2023.  

Transparency  International  Austria  (2021),  More  Transparency  in  the  appointment  of  top  posts  in 
state-near  companies  (Mehr  Transparenz  bei  der  Besetzung  von  Top  Positionen  in  staatsnahen 
Unternehmen), PRESSEMITTEILUNG: Mehr Transparenz bei der Besetzung von Top Positionen in 
staatsnahen Unternehmen - Transparency International - Austrian Chapter (ti-austria.at). 

International  Austria 

Transparency 
is 
overdue!1.12.2023 Press release Transparency- Cooling-Off is overdue! - Transparency International 
- Austrian Chapter (ti-austria.at). 

(2023),  Press 

transparency- 

cooling-off 

release 

WKStA  (2024),  2023  WKStA  Annual  Report  (Jahresüberblick  2023);  Annual  overview  2023 
(justiz.gv.at). 

WKStA (2023), Press release of the Economic and Corruption Public Prosecutor's Office (WKStA) 
on  the  CASAG  procedural  complex  of  30.3.2023  (Pressemitteilung  der  Wirtschafts-  und 
Korruptionsstaatsanwaltschaft  (WKStA)  zum  CASAG-Verfahrenskomplex  vom  30.3.2023);  Press 
release of the Economic and Corruption Public Prosecutor's Office (WKStA) on the CASAG complex 
of proceedings of 30 March 2023 (justiz.gv.at). 

WKStA (2023), Press release CASAG § 288 StGB Kurz et al. (Presseinformation CASAG § 288 StGB 
Kurz ua), Press release CASAG § 288 StGB Kurz et al. (justiz.gv.at). 

35 

 
Annex II: Country visit to Austria 

The Commission services held virtual meetings in March 2024 with: 

•  Amnesty International Austria 
•  Anti-Corruption Citizens’ Initiative 
•  Association of Administrative Judges 
•  Association of Judges 
•  Association of Prosecutors  
•  Association of Publishers 
•  Austrian Economic Chambers  
•  Bündnis Gemeinnützigkeit 
•  Central Public Prosecutor’s Office for Combating Economic Crimes and Corruption 
•  Council of Directives 
•  Court of Audit 
•  Federal Bar 
•  Federal Chancellery 
•  Federal Bureau of Anti-Corruption 
•  Forum Informationsfreiheit 
•  Journalists’ Union 
•  Media Authority (KommAustria) 
•  Ministry of Arts, Culture, the Civil Service and Sport 
•  Ministry of Justice 
•  Federal Ministry of Labour and the Economy 
•  Ombudsperson Board 
•  ORF   
•  Parliamentary Administration   
•  Press Council  
•  Presse Club Concordia 
•  Regional Administrative Courts 
•  Senior Prosecutor’s Office Vienna 
•  Supreme Administrative Court 
•  Supreme Court  
•  Transparency International Austria  

* The Commission also met the following organisations in a number of horizontal meetings:  

•  Amnesty International EU 
•  Centre for Democracy and Technology Europe  
•  Centre for European Volunteering 
•  Civil Liberties Union for Europe 
•  Civil Rights Defenders 
•  Civil Society Europe 
•  Culture Action Europe 
•  Democracy Reporting International 
•  European Centre for Non-Profit Law 
•  European Civic Forum 

36 

 
 
International Federation for Human Rights 
International Planned Parenthood Federation 
International Press Institute  
Irish Council for Civil Liberties 

•  European Federation of Journalists  
•  European Partnership for Democracy 
•  European Youth Forum 
•  Free Press Unlimited 
• 
• 
• 
• 
•  JEF Europe 
•  Open Society Foundations 
•  Philanthropy Europe Association 
•  PICUM 
•  Reporters Without Borders 
•  SOLIDAR 
•  Transparency International EU 

37