Justice Budget Causes Concern Among Judges

The professional associations of judges are "deeply concerned" about the lack of an increase in positions in the justice budget. Despite new legal tasks and massively increased case numbers, a corresponding response from politics has been absent, according to the Judges' Association and GÖD section in a joint statement. Prosecutors are also "disappointed" about the failure to cover the massive additional workload caused by recent laws.

Justice budget without more positions

The justice budget stipulates that the number of positions should remain the same. Recently, judges had demanded 200 additional positions - citing the personnel requirement calculation of the Ministry of Justice for district and regional courts as well as numerous laws of recent times. An additional need for personnel was noted, for example, in the new regulation of mobile phone confiscation. However, these positions have not actually been filled.

It is acknowledged that in times of economic challenges and increasing debt, austerity measures are necessary and that the justice budget is also required to contribute, according to the judges. "But justice needs appropriate resources, and without sufficient personnel, quick resolutions can no longer be guaranteed," said Judges' Association President Gernot Kanduth. As a result, the pressure on the justice system would continue to increase and proceedings would take longer.

Prosecutors: "Disappointment"

Similarly, the Prosecutors' Association. For the prosecutors, too, recent measures such as the Criminal Procedure Amendment Act, including the new mobile phone confiscation, have created a "massive additional workload" or such is also expected from planned initiatives like the criminalization of sending penis pictures. That this is not being offset with more positions is a "disappointment," according to an information letter.

Justice Minister Anna Sporrer (SPÖ) does have an understanding of the representatives' demand for more personnel. However, she considers it a success that no cuts had to be made in the justice sector, she said in the Ö1 "Midday Journal". In justice, the personnel level can be maintained and vacant positions can be refilled. The burden on employees should be cushioned by various reform steps and more digitalization.

The lawyers view the justice budget "very critically". The President of the Austrian Bar Association (ÖRAK), Armenak Utudjian, reminded the APA of the increase in court fees by 23 percent at the beginning of April. At that time, it was warned that this would make access to justice more difficult. If the state does this, the money should at least benefit the justice sector. "But now it is the case that the funds are taken and not invested in justice, but saved there and used to fill other budget gaps."

Duration of "court year" to be changed

The court practice, often referred to as the "court year", as preparation for the traditional legal professions, is to be shortened from seven to five months. This is provided for in the draft of the budget accompanying law. This is intended to "contribute to the necessary budget consolidation while ensuring a high-quality professional education and training," according to the explanations.

To become a judge, prosecutor, lawyer, or notary in Austria, it is necessary to complete a legal studies degree as well as a court practice. Law graduates have a legal right to be admitted to the so-called "court year," during which they are supposed to familiarize themselves with court operations. During this period, they are also paid (currently just under 1,800 euros per month).

In the past decades, the practice period has been repeatedly shortened or extended. With the austerity package of 2011, it was reduced from nine to five months. In 2017, it was then increased to seven months to ensure the quality of training.

Criticism comes from the President of the Austrian Bar Association (ÖRAK), Armenak Utudjian. The last increase in the training duration from five to seven months had a reason: "It was realized that there was a quality problem." Even now, he feared negative consequences in an interview with APA - on the one hand for the judiciary, which relies on legal trainees in daily operations, and on the other hand for notaries and lawyers, who would have to compensate for the missing training time on their own.

More Adult Representation for Lawyers and Notaries

Lawyers and notaries must take on more adult representations again. This is provided for in the draft of the budget accompanying law, which refers to an "emergency measure" in its explanations. Otherwise, the system of judicial adult representation (formerly: guardianship) would collapse. The demand for adult representation remains consistently high, while there is a lack of suitable representatives.

With a major reform in 2018, the guardian became the adult representative. One of the goals at that time was that lawyers and notaries should no longer take on so many guardianships - they had to step in when, for example, there were no relatives available to care for the affected person. Among other things, the general obligation of the two professional groups to take on judicial adult representations was abolished. They only had to act as representatives in cases where legal knowledge was required for handling the matters. All others should be handled by adult protection associations in the absence of suitable relatives.

This plan has now failed, as admitted in the explanations. "This has exacerbated the shortage of suitable adult representatives for persons who do not have ('suitable' and willing to take over) relatives, in that a simultaneously urgently required capacity increase at the adult protection associations has not yet been realized and, due to the necessary budget consolidation, is not feasible in the foreseeable future."

"We Must Take Action Now"

In the future, therefore, the old legal situation will de facto be returned to. Notaries and lawyers must take on representation, even if legal knowledge is not primarily required for handling the matters. "The fundamental reform of adult representation was a success, enabling many people to live independently for longer," said Justice Minister Anna Sporrer (SPÖ) in a statement. "But the system is running at the limit of its capacity. We must take action now to continue to ensure quality judicial adult representation."

(APA/Red)

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