Is the rule of law in danger?

Under this title Haslinger / Nagele and the Walter Haslinger Private Foundation had invited to the symposium Staatsrecht 2022 on September 27th, 2022, on the premises of the Palais Niederösterreich in the Herrengasse in Vienna. The event was held under the patronage of the former President of the Constitutional Court, Univ.-Prof. Dr. Dr. h.c. Gerhart Holzinger.

In three lectures, the former President of the German Federal Constitutional Court, Prof. em. Dr. Dres. h.c. Hans-Jürgen Papier, Prof. Dr. Katharina Pabel and Prof. em. Dr. Heinz Mayer examined the current situation of the rule of law in Germany, at European level and in Austria. They unanimously came to the conclusion that the structures of the rule of law are currently exposed to considerable threats. The far-reaching encroachments on freedom rights in the wake of the Corona pandemic, a certain inability or unwillingness of states to act on migration issues, but also (verbal) attacks on rule-of-law institutions by politicians and the media could lead to a questioning of achievements long thought to be secure.

In a subsequent panel discussion, chaired by Benedikt Kommenda (Die Presse), Dr. Göth-Flemmich (Director General in the Ministry of Justice), Sabine Matejka (President of the Association of Austrian Judges), Mag. Cornelia Koller (President of the Association of Austrian Public Prosecutors) and Dr. Rupert Wolff (Honorary President of the Austrian Bar Association) discussed certain problems that the Austrian judiciary is currently facing. In addition to the ongoing challenges of overburdened courts, their insufficient budgetary resources, staff shortages and media or political attacks on the judiciary, positive developments were also highlighted, such as the planned creation of an independent head for the public prosecutor’s office to prevent political influence on criminal proceedings. The panel agreed that in the long term – in addition to adequate budgetary and human resources for the judiciary – the constitutional structures would be best protected if the population were made aware of the constitutional state’s concerns and its importance for the security of freedom and prosperity.

 

30. September 2022

 

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