📋 Tender Overview
In the Constitutional Committee of the National Council, the MPs agreed to introduce a three-year "cooling-off phase" for Constitutional Court judges. The ÖVP, SPÖ and Greens also agreed to allow municipalities to link zoning and private law contracts. However, this requires state law regulations beforehand.
When former Justice Minister Wolfgang Brandstetter was appointed a member of the Constitutional Court just a few weeks after leaving the government in 2018, there was much public criticism. Although he then had himself represented on the grounds of bias in cases in which he was involved in any way as a member of the government, he was never able to completely shake off the appearance of being close to politics. In the future, such a rapid change between politics and the Constitutional Court will no longer be possible. Based on a coalition motion, the Constitutional Committee agreed to introduce a three-year "cooling-off phase" for Constitutional Court judges, similar to the one that already exists for the top management of the Constitutional Court.
According to this, constitutional judges may not have belonged to the government, a state government, the National Council, the Federal Council, a state parliament or the European Parliament for three years prior to their appointment, nor may they have been employees or officials of a political party. The SPÖ is convinced that such cooling-off phases strengthen citizens' trust in institutions.
Contractual requirements for zoning
The Constitutional Committee has also initiated another constitutional amendment. This amendment empowers the states to adopt state-level rules relating to so-called "contractual spatial planning". The aim is to create more legal certainty for municipalities and, for example, to enable them to link land use planning to certain conditions such as the construction of a playground or a cycle path. The FPÖ and NEOS, however, are skeptical. They fear disproportionate interference with the rights of landowners.
The Constitutional Committee held a hearing on the "COVID penalty repayment referendum". The MPs also discussed a report by Constitutional Minister Karoline Edtstadler on the implementation of the UN sustainability goals ("Agenda 2030") in Austria and opposition concerns.
