"Never investigated at all"

Charges against Gewessler: WKStA rebuffs ÖVP

Climate Protection Minister Leonore Gewessler's green "yes" to the EU renaturation law famously brought the coalition partner ÖVP with Chancellor Karl Nehammer to the barricades.(Bild: Krone KREATIV/APA)

Environment Minister Leonore Gewessler (Greens) had voted single-handedly in favor of the EU renaturation law, the ÖVP then reported her to the police. It is now clear that there will be no investigation by the Public Prosecutor's Office for Economic Affairs and Corruption (WKStA).

The WKStA withdrew the People's Party's complaint against Gewessler at the beginning of September. "Due to a lack of initial suspicion", no investigation proceedings were initiated.

"No official business"
It was therefore "never investigated at all", according to the WKStA. The process had already been approved by the authorities. Gewessler's approval was an "act of legislation" and "not official business". The suspicion of a crime was therefore "not given".

Gewessler's consent was an act of legislation and not an official transaction. The suspicion was therefore not given.

Stellungnahme der WKStA

Action for annulment still pending at the ECJ
The ÖVP had filed charges of abuse of office against the Green Minister Leonore Gewessler due to her approval of the EU renaturation law in the Council of EU Environment Ministers in June. In addition, the Chancellor's party brought an action for annulment before the European Court of Justice (ECJ) against the decision.

Excerpt from the abuse of office complaint:

(Bild: Screenshot/zVg)

ÖVP refers to the negative attitude of the federal states
The ÖVP argues in the complaint that the Green Minister should not have simply voted yes because the federal states still have a negative attitude. This is because "regardless of the opinions expressed by individual provinces" - i.e. the SPÖ-led provinces of Vienna and Carinthia, which dropped out - the unified opinion of the provincial governors' conference in April is still valid. 

Kogler praises Gewessler
On Thursday, Vice-Chancellor and Green Party leader Werner Kogler praised Gewessler's actions in this case. Kogler was relaxed about the fact that this solo effort against the ÖVP could have cost the party its chances of remaining in government: "We'll see about that."

ÖVP takes note of decision, criticism of Gewessler remains
ÖVP General Secretary Christian Stocker on the WKStA's decision: "We take note of the WKStA's remarkably quick retraction without initiating an investigation - in the month before the National Council elections. Our legal opinion remains unchanged: Gewessler disregarded the unified opinion of the provinces, broke constitutional law and was not authorized to approve the renaturation ordinance."

It is remarkable that this complaint could be concluded so quickly, while other proceedings are dragged out and years pass before the case is finally closed.

ÖVP-Generalsekretär Christian Stocker

Nevertheless, Stocker could not resist a side blow at the WKStA: "It is remarkable that this complaint could be concluded so quickly, while other proceedings are dragged out and years pass before the case is finally closed."

Greens demand an apology
The Greens were not satisfied with this reaction and demanded an apology from the ÖVP. "Good politics also knows when to apologize and when it is out of line", said Olga Voglauer, Secretary General of the Greens, at a hastily convened press conference. "If you accuse someone of such a serious offense without any basis, then you are going too far." "Not even the slightest initial suspicion" had been established against Gewessler, she emphasized.

Debate on renaturation law leads to coalition dispute
The debate about the renaturation law was conducted at EU level for a long time. In Austria, it led to a veritable coalition dispute. The ÖVP warned Gewessler in advance against going it alone. The minister nevertheless agreed and helped the law achieve a narrow majority in the Council. Federal Chancellor Karl Nehammer (ÖVP) reacted with harsh criticism and repeatedly accused Gewessler of abuse of office and breach of the constitution. However, he did not want to end government cooperation.