With the package to combat corruption in politics, the purchase of a mandate should be punishable in future. The same applies when politicians or civil servants run for a position and make promises in return for donations if they are chosen. There are also stricter rules for clubs with political contacts.
Ministers Alma Zadic (Greens) and Karoline Edtstadler (ÖVP) were delighted when the package was presented. The draft was sent for consideration on Thursday. Various authorities, experts, organizations and private individuals now have eight weeks to submit statements.
SPÖ: Plans “leave a lot to be desired”
The opposition parties still see a few shortcomings and open points in the package. Although the announcements for SPÖ justice spokeswoman Selma Yildirim bring “finally necessary improvements” in corruption legislation, they also left “a lot to be desired”. Even the best law is useless “if there is no interest in clarification,” Yildirim complained. Tightening of penalties without tools to uncover these crimes would not work. Yildirim therefore again called for the implementation of the federal prosecutor’s office and the freedom of information law.
The Freedom Party sees the People’s Party as the main affected by the new regulation. “In view of the dozens of cases of corruption within the ÖVP that are currently being investigated, this planned tightening can only hit the ÖVP with full force,” said Christian Hafenecker, FPÖ parliamentary group leader in the ÖVP corruption investigation committee. The U-Committee has shown that corruption in the ÖVP is “apparently inherent in the system”.
NEOS was not able to gain anything positive from the package presented. “Ibiza” is still possible, according to NEOS justice spokesman Johannes Margreiter: “The Federal President rightly spoke of massive water damage in the Republic of Austria. What the federal government announced today is that they now want to paint over this water damage with white paint. But that doesn’t fix it.”
Kreutner: Be careful with superlatives
The “Clean Hands” initiative also welcomed the implementation of some of the demands of the anti-corruption referendum, but the work was “far from done”. The Freedom of Information Act and the establishment of a federal prosecutor’s office were still missing. “In order to put a lasting stop to corruption in Austria, the ÖVP and the Greens must also implement the remaining demands of the anti-corruption referendum in this legislative period,” demanded Ursula Bittner, spokeswoman for the “Clean Hands” initiative.
The anti-corruption expert and proponent of the referendum, Martin Kreutner, made a similar statement. In the Ö1-Mittagsjournal, Kreutner said that he would at least mark the day. A step in the right direction had been taken. With the new rules, the “water damage in democracy” mentioned by Federal President Alexander Van der Bellen could be repaired.
Nevertheless, he will still hold back with superlatives, as Kreutner said in relation to Edtstadler’s “tightest anti-corruption law in the world”. There is still a need for an overall package that includes, among other things, the Freedom of Information Act and also strengthens the independence of the judiciary.
“World’s strictest anti-corruption law”
Justice Minister Zadic and Chancellery Minister Edtstadler presented the cornerstones of the reform on Thursday morning. “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 the normal case, and promise an official business in violation 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.
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.
