Posts at the Constitutional Court and Administrative Court newly filled

On Wednesday, the government filled four positions at the Constitutional and Administrative Courts. The head of the Constitutional Service, Albert Posch, is to become the new President of the Administrative Court (VwGH), with VwGH judge Bettina Maurer-Kober as his deputy. Additionally, the Council of Ministers proposes VwGH judge Angela Julcher and University of Economics professor Stefan Perner as new constitutional judges. The formal appointment is made by the Federal President.

Stocker chose Posch

The replacement of the VwGH President is necessary due to the retirement of the incumbent Rudolf Thienel. According to the coalition agreement, Chancellor Christian Stocker (ÖVP) had the right to nominate. With Posch, he chose the current head of the Constitutional Service. Unlike his predecessors, the Styrian has no experience as a judge - both the long-serving VwGH President Clemens Jabloner (who also moved from the Constitutional Service to the VwGH) and Thienel served as Vice President before their appointment as President. Posch spent most of his career in the Constitutional Service, and in between, he was, among other roles, the chief of staff for former Finance Minister Gernot Blümel (ÖVP).

His future deputy Maurer-Kober is already a councilor at the VwGH - she succeeds Anna Sporrer, who moved to the government as SPÖ Justice Minister. Conveniently, the right to propose her successor also fell to Vice Chancellor Andreas Babler (SPÖ) according to the coalition agreement.

VfGH positions vacant after resignations

The two positions at the VfGH were vacant due to the early resignations of Helmut Hörtenhuber (at the end of last year) and Claudia Kahr (at the end of April). Julcher was nominated on Babler's proposal, Perner on the proposal of Foreign Minister Beate Meinl-Reisinger (NEOS).

Julcher is a Councillor at the VwGH and was previously also active in the constitutional service. Since 2015, she has been an alternate member of the VfGH, and she also serves as an honorary professor of labor and social law at the University of Salzburg. Perner, on the other hand, comes from academia: He is the head of the Department of Civil and Corporate Law at the Vienna University of Economics and Business (WU).

The nomination of Julcher opens another small personnel issue at the VfGH. It now needs a new alternate member - however, the right to nominate does not fall to the government, but to the National Council. The coalition agreement, which specifically regulates only the appointment of members to be nominated by the government, is unlikely to apply here.

Praise for New Appointment

When asked about it after the Council of Ministers on Wednesday, some government members praised the new appointment, as well as themselves for the manner of the appointments: "We have agreed as the federal government in the coalition agreement that it is transparently anchored for the first time how such appointments should take place. The constitution stipulates that the federal government also has the right to propose candidates for some positions. That is good and legitimate," said Education Minister Christoph Wiederkehr (NEOS). From his perspective, all selected individuals are "highly qualified personalities." SPÖ Social Minister Korinna Schumann added: "I am very pleased that there are two women who are now coming into the position."

"The political nomination of the Administrative Court's presidency by the federal government contradicts European standards," stated the Green Party's spokesperson for justice and constitution, Alma Zadić, in a press release. In many other countries, judicial personnel senates are at least involved in the decision. At the Supreme Court (OGH), this was already changed during her time as Minister of Justice, according to Zadić.

(APA/Red)

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