The Austrian federal government has agreed to establish a Federal Public Prosecutor’s Office (Bundesstaatsanwaltschaft) as the top supervisory authority in criminal proceedings. It will be composed of a three-member board with equal voting rights, elected for six years. The chair will rotate every two years. The proposal was approved in Wednesday’s final cabinet meeting before the summer recess. A draft law is expected to be finalized by fall.
Currently, the Minister of Justice has the final authority over public prosecutors. In the future, this responsibility will shift to the new federal office. “I will likely be the last Justice Minister able to issue directives—and that’s a good thing,” said Minister Anna Sporrer (SPÖ), stressing the reform aims to eliminate potential entanglements between politics and the judiciary that have proven problematic in recent years.
The board will be elected by Parliament based on a shortlist prepared by a special commission within the Ministry of Justice. Members will then be formally appointed by the Federal President upon proposal by the government. Reappointment after the six-year term will not be possible. While parliamentary oversight is planned, it will explicitly exclude real-time monitoring of ongoing investigations.
A Milestone for the Rule of Law
NEOS leader Beate Meinl-Reisinger and ÖVP State Secretary Alexander Pröll both hailed the reform as a “milestone” for the rule of law after years of political negotiation. The final agreement required overnight talks within the coalition. However, many implementation details remain open and will be worked out in the coming months. “This will safeguard prosecutors against any suspicion of bias,” said Sporrer, adding that the reform strengthens judicial independence and democracy.
The draft law is set to undergo public consultation in the fall. Whether it will be passed and enacted this year remains uncertain. The government emphasized that the process will involve Parliament and legal experts closely. To secure the required two-thirds majority, the coalition plans to engage the Greens and FPÖ—though chances are higher with the Greens, given former Justice Minister Alma Zadić (Greens) had already pushed for such a reform in the previous government, but failed to reach consensus with the ÖVP.
Back then, a similar government proposal failed to result in a joint draft for review. The sticking point between the Greens and the ÖVP was the leadership model: the ÖVP favored a single-person head, while the Greens insisted on a board structure. Pröll said both models have pros and cons, but expert arguments—like the idea of mutual oversight—convinced them.
Prosecutors’ Association Prefers Single Leadership
The Austrian Association of Prosecutors (StAV) broadly welcomed the reform. It particularly supported clear constitutional positioning and the requirement that leadership members be qualified for judicial office and have long-standing experience. The association also agreed with the idea of decisions on individual cases being made by an independent three-person panel.
However, it reiterated its preference for a single leader for organizational management and external representation, as recommended by the 2021 expert commission. The StAV warned that the proposed structure may stretch the leadership thin, hindering its ability to focus on its primary duty—issuing final instructions in individual criminal cases. It called for a split model, with one person handling administration and a separate independent senate deciding on directives.
The StAV also criticized the lack of detail around appointment procedures and parliamentary oversight. “For this reform to bring real improvement, expert recommendations must be heeded and practitioners’ concerns taken seriously,” said StAV President Elena Haslinger.
