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In collaboration with the Research Institute of Legal Development of the University of Vienna and the management consulting firm Obergantschnig Management Partners, the ÖRAK has drafted the 170-page study. It relied on reputable sources such as Transparency International, Eurostat and the World Justice Project, as well as more than 400 national lawyers specifically interviewed for this purpose.
According to the study, nearly half of the lawyers believe that the current situation of anarchy and theft will continue to deteriorate over the next decade. "In Austria, we need more respect for fundamental rights and freedoms and a withdrawal of fundamental rights interventions, especially surveillance measures," Wolff said.
No reason for more police powers
A more sensitive treatment of press freedom and legal secrecy is also necessary. Wolff specifically criticized the fact that the registration deadline for meetings was extended from 24 to 48 hours. With respect to order and security, Wolff sees no reason to further extend police powers and surveillance measures. In the fight against corruption, we are "on the right track".
Regarding the legal certainty of legal persons, he identified "a great need for improvement", which is important for Austria as a site of economic implantation. He called for simpler and better-founded business creations, with increased involvement of the legal profession and a reduction in legal costs, especially in the case of large amounts in litigation.
"Prosecutors are mbadively overburdened"
The criminal justice system was sadly evaluated in 2016. Few things have changed: more than 90% of lawyers expect that this will remain in the years to come or even worsen the situation. "Prosecutors are overwhelmingly overburdened," Woff said. Nevertheless, the prosecution has high filing rates: "This suggests that you have to work too fast, too fast, maybe even too superficially".
Wolff demanded better equipment for the authorities and, once again, a reform of the main procedure and appeal procedures. A report commissioned by the prosecution should be possible during a preliminary investigation controlled by a second expert. On appeal, the lawyers again want to allow judicial review of the trial findings of fact. This concerns in particular the judgments of juries, where the verdict of the eight lay judges – determining whether an accused is guilty or not guilty – can not be verified for legal reasons.
Even with improvements "air up"
Improvements have been made in some areas since 2016, when the ÖRAK addressed this issue, including the quality and stability of state structures, the administrative and civil jurisdiction and the quality of legislation. . Wolff imposed a significant restriction in this regard: "In 2016, you were on a bad base." In concrete terms, the President of the ÖRAK called for binding standards in the legislative process, such as minimum examination period of six weeks, the last time in 75% of cases.
Already in September, the ÖRAK was worried about the quality of the legislation. Critics were too few or no opinion, late announcements and many repealed laws. The ÖRAK has found it particularly critical that government submissions reach Parliament more and more without any prior badessment. "This makes critical and professional badysis impossible and prevents public discourse," Wolff said. The fact that the enactment of laws is sometimes posterior to its entry into force is another point of criticism of lawyers.
In its criticism, the ÖRAK also referred to the statistics of the Constitutional Court (VfGH): "The Constitutional Court has totally or partially revoked 187 laws and 94 ordinances as unconstitutional for the period 2014-2016". The legislative process needs to be improved.
The opposition feels confirmed
The opposition was felt confirmed Monday by the critics of the ÖRAK. "For months, we have criticized the violation of fundamental rights and freedoms by the black and blue government," said SPÖ spokesman Hannes Jarolim, who described the "security package" as a violation of fundamental rights and announced an initiative to put an end to this controversial regulation. He also called for better human resources for the judiciary and criticized the famine as "perhaps even wanted".
"The ÖVP and the FPÖ do not take seriously the framework conditions for the evaluation of departmental projects, extend surveillance measures and save on the territory, although the access of citizens to the law is already heavily limited by very high court fees, "also criticized Alfred Noll, judge and constitutional spokesman for the list of mushrooms (LP). He criticized a "exhaustion of the rule of law".
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