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FPÖ Motion for Investigative Committee Rejected by Constitutional Court

Der VfGH weist einen FPÖ-Antrag zum FPÖ-Verlangen zu einem U-Ausschuss ab.
Der VfGH weist einen FPÖ-Antrag zum FPÖ-Verlangen zu einem U-Ausschuss ab. ©APA/HELMUT FOHRINGER (Symbolbild)
The investigation committee proposed by the FPÖ regarding the Corona measures and the death of the former section chief Christian Pilnacek will not be implemented in the planned form.

The Constitutional Court (VfGH), like the government factions before, has deemed the FPÖ's request as unlawful. According to a statement from the VfGH, it is inadmissible to combine unrelated matters into a common subject of investigation in a committee of inquiry.

FPÖ turned to VfGH regarding investigation committee

The FPÖ attempted to establish a connection between the two topics by referring to the alleged influence of ÖVP government members, particularly through the Ministry of the Interior. In the National Council's Rules of Procedure Committee, this was disputed by the ÖVP, SPÖ, and NEOS. Therefore, the Freedom Party turned to the VfGH for clarification, as is possible in the case of a minority request. Specifically, they wanted to have the decision of the Rules of Procedure Committee declared unlawful. This request was rejected by the VfGH.

The constitutional judges followed the argumentation of the government factions. "In the opinion of the VfGH, the decision of the Rules of Procedure Committee sufficiently justifies that the request of the FPÖ deputies does not meet the constitutional requirements," it was stated. The Rules of Procedure Committee had plausibly explained that the proposed subject of investigation does not relate to any determinable event. The subject of investigation "rather encompasses the entire conduct of certain federal ministries and their subordinate authorities," the constitutional judges further argued. The phrase "suspicion of improper or politically motivated influence" included in the FPÖ's request is not suitable to sufficiently specify the subject of investigation.

FPÖ rages against VfGH

Naturally, there is little joy with the VfGH decision at the FPÖ: This is a "victory for the blockers and cover-up artists and a black day for parliamentary control," said Secretary General Christian Hafenecker in a statement. He saw "no legal defeat for us, but the political confession of a black system that wants to keep its dark machinations hidden at all costs." The FPÖ now wants to reform the rules of procedure for investigation committees on the one hand - on the other hand, they maintain the announcement to now deal with the topics Pilnacek and Corona measures in separate investigation committees.

ÖVP: Investigation committees "are not a blue wish concert"

"Investigation committees must follow clear constitutional rules and are not a blue wish concert," countered ÖVP MP Andreas Hanger in a statement. This decision must also be acknowledged by the FPÖ. Similarly, SPÖ and NEOS: Parliamentary control is important, said, for example, the deputy SPÖ club chairman Jan Krainer in a statement. "However, it is also important that everything is constitutional." The FPÖ's request was not. The designated committee faction leader of the NEOS, Sophie Wotschke, echoed this sentiment. "Clarification and control must always take place on the basis of the constitution."

(APA/Red)

This article has been automatically translated, read the original article here.

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