19 September 2024
A Voice for Nature
The rights of nature movement is gaining momentum all around the world. With the decision of the Landgericht Erfurt on 2 August 2024 the movement seems to also have set foot in European courts. Realizing those rights will ultimately depend on nature being represented before a court. Environmental ombud agencies akin to the Austrian Umweltanwaltschaften may serve as an example. Despite some shortcomings in its Austrian form, this institutionalised representation has the potential to give a firm voice to nature. Continue reading >>
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20 December 2021
Effective Accountability Mechanisms in Austrian Constitutional Culture
Former Austrian chancellor Sebastian Kurz, who dominated the political arena in the last years, left politics at the begin of December 2021. The strengthening of two constitutional accountability mechanisms strongly contributed to this downfall: First, the competence to establish a parliamentary committee of inquiry without a parliamentary majority, and second, the strengthening of the public prosecutors' independence. Continue reading >>
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01 June 2021
An Austrian Abyss of Cronyism and Corruption
The Kurz government has been involved in a series of scandals, culminating on 12 May with the Chancellor becoming subject of a formal investigation for allegedly providing false testimony before Parliament. In attempts to cover up the governments’ involvement in the various scandals, the rule of law has certainly been challenged in Austria. However, so far, the Austrian Rechtsstaat prevailed. Continue reading >>08 May 2021
Muddling through Mutation Times or the Return of Federalism in Austria
While the Austrian government´s reactions during the first wave of Covid-19 in spring 2020 are considered to have been successful, disillusionment followed in the fall 2020 with a second wave, for which the government did not seem to have prepared properly. The third period (January to April 2021), on which I will focus in this blog entry, shows a mixed performance of the government. Continue reading >>
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28 April 2020
Austria: Rule of Law Lacking in Times of Crisis
As the number of infected persons is declining and the overall situation gradually improving, it becomes clear that the measures have proved to be effective from a public health perspective. However, in light of the general retreat of the virus the upholding of many measures also becomes contestable now regarding their proportionality. With the improvement of the public health issues, the challenge for the rule of law has begun. Will the government be able to restrain itself and find a way back to constitutional normality? Continue reading >>
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20 March 2017
Climate Change protection goes local – remarks on the Vienna Airport Case
Climate Change was brought before the Austrian Federal Administrative Court in the beginning of 2017. The judgement concerning the construction and operation of a third runway acknowledges the current development in the UNFCCC process and, as such, is of special importance and without precedence: According to the Court, the fight against Climate Change and its consequences for Austria overrides the public interest in the expansion of the Vienna Airport. Continue reading >>
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