The report, which is available to the “Standard”, is based, among other things, on a visit by GRECO employees to Austria in June 2022. One focus of this fifth round of evaluation was placed on the work of the police.
As a result, everyday corruption in the police sector in Austria does not seem to be an issue, but several interlocutors of the GRECO working group noted that the allocation of top jobs in the police force takes place under strong political influence. According to anti-corruption officials, this “inadmissible” influence on the allocation of posts should be stopped.
GRECO calls for more transparency
The group also dealt with the prevention of corruption in the government. The analysis of risk factors for corruption around the highest political officials such as chancellor, vice chancellor, ministers, state and general secretaries and cabinet employees requires increased attention, according to the report according to “Standard”.
GRECO even recommends disclosing the financial circumstances of relatives and partners, although this “does not necessarily have to be made public”. Transparency is needed when appointing secretaries general.
Reporting obligations of the WKStA as a risk
The authors of the report also dealt with the work of the Office of the Public Prosecutor for Economic Affairs and Corruption (WKStA). In the case of “clamorous causes”, their reporting obligations pose a risk in connection with the confidentiality, effectiveness and independence of the investigations. It must be ensured that the work of the WKStA is not hindered by “inappropriate” interventions.
A total of 19 recommendations were made in the report. These included the implementation of the EU Whistleblower Directive, a cooling-off period for top officials leaving politics, the disclosure of contacts with lobbyists and the creation of a code of conduct for ministers and other top politicians. However, the likewise recommended Transparency Act is still a long time coming. The fact that the criminal law on corruption has not yet been reformed is also criticized – the government has now presented a corresponding package.
Department of Justice sees report as “an incentive”
In a statement, the Ministry of Justice referred to measures already taken to ensure clean politics – in addition to the draft of the criminal law on corruption, for example, the reform of the party law. “We take the current GRECO report, which does not yet take into account the tightening of criminal law on corruption and the other reforms, as an incentive to push ahead with other important anti-corruption and transparency projects,” said a spokesman for Justice Minister Alma Zadic (Greens) in a written statement to the APA. This includes, for example, the introduction of the Attorney General’s Office, which is also intended to further reduce the reporting obligations of the public prosecutor’s office, and the abolition of official secrecy.
NEOS MP Stephanie Krisper made a parliamentary request to the ministry to implement the recommendations. “Post, advertisement and structural corruption – all this self-service in our country will continue to be possible for corrupt politicians almost everywhere if the government does not implement GRECO’s demands and gets over the hot iron against post, advertisement and structural corruption Trusting corruption,” she said confidently in a statement to APA.
Government presented reform of criminal law on corruption
Three and a half years after the “Ibiza video” was published, the governing parties presented the cornerstones of a reform of criminal law relating to corruption. The government wants to close “gaps” with the law, said Minister of Justice Zadic and Minister of the Chancellery Karoline Edtstadler (ÖVP) at the presentation. The draft will now be reviewed for eight weeks.
“Corruption is poison for democracy,” said Zadic at the beginning of the press conference. With these “tightening measures”, the government is “decisively taking action against all those who permanently damage our democracy through corruption”. Minister Edtstadler took the same line. “Corruption should be prevented at all levels and pursued with the full severity of the rule of law,” she said.
Both ministers referred to surveys according to which the population sees a problem of corruption in politics. That is why the reform is so important. The reform was announced a long time ago, but due to coalition differences of opinion, negotiations had to take longer than planned. Edtstadler said that this would now become the “toughest anti-corruption law in the world”. But: “The presumption of innocence must be helped to achieve a breakthrough.”
Zadic: “Poison for democracy”
Justice Minister Alma Zadic (Greens) presented the draft law against corruption on Thursday. Corruption is “a poison for democracy,” she said.
Buying a mandate is also a punishable offense for third parties
In concrete terms, the change provides that the criminal liability for buying a mandate will be extended. In the future it will also be punishable for third parties if they buy “their candidate” a place on the list. “Normal” party donations are excluded. Zadic said that it was illegal “if, for example, oligarchs bought a desired MP for the National Council with a secret cash payment to party leaders”. Criminal liability begins as soon as the mandate (at federal, state and EU level) is taken up.
The aim of extending criminal liability is to prevent unelected actors from buying their way into domestic legislation. In the parties accepting the benefit, the person responsible for the corresponding list creation is punishable. At the same time, however, it should be ensured that the parties can continue to create lists freely.
There has been a suspicion in this regard in the recent past – namely that a mandatary was ranked first after donations from abroad and then actually got a seat in the National Council. This could not be proven, which is why the criminal investigations were also discontinued.
Corruption already punishable at the time of candidacy
Candidates who accept an advantage, i.e. money in normal cases, and promise an official business in breach of their duties in return are immediately liable to prosecution. If a candidate requests or is promised an illegal advantage, this will be punishable as soon as he takes office, regardless of whether the relevant official business is actually carried out. The Minister of Justice spoke in this context of “preliminary corruption”.
This regulation includes all people who are in an election campaign – and all other officials who have to face an application or selection process, including section heads. The document also mentions general secretaries, but these have not yet had to face a selection process. At the same time, Edtstadler made it clear that preferential vote campaigns were still possible. Even candidates who announced innovative projects would have nothing to fear.
Edtstadler: “The strictest anti-corruption law”
Chancellery Minister Karoline Edtstadler (ÖVP) was convinced on Thursday that Austria will have the “strictest anti-corruption law in the world” with the draft.
Penalties should be increased
There are also higher penalties for corruption offenses. In the case of bribery/bribery of a sum of 300,000 euros or more, the maximum penalty should be 15 years imprisonment. In the future, the following should also apply: In the case of a final conviction for a corruption offense, a final conviction to a conditional prison sentence of more than six months is sufficient to lose the office. Formally you lose the eligibility.
In the Association Responsibility Act, the maximum amounts of the penalty framework for the daily rates have been tripled from 10,000 euros to 30,000 euros. This would meet a requirement of the Organization for Economic Co-operation and Development (OECD) – “Even companies must not get away with corruption offenses with impunity,” according to the government.
Associations are also subject to stricter rules: Cases in which the goodwill of politicians is to be bought, but the money does not go directly to them but to a non-profit association, were previously only punishable if the politician himself sets the tone in this association. Now this passage is extended to close relatives if they exercise “determining influence”. This means that circumvention constructions, where the wife or husband of the official (formally) plays a leading role in the association, are declared to be combated.
