The restructuring law put the final wedge into the coalition – for a short time, the cooperation between the ÖVP and the Greens was completely in jeopardy. The ÖVP repeatedly cited this controversy in the last election campaign as a reason for not wanting to be a government partner with Gewessler in the future. Chancellor Carl Nehhammer and Constitution Minister Caroline Edstadler (both ÖVP) spoke about the breach of the constitution after Gwessler paved the way for the regulation with his vote in the EU Council.
The ÖVP filed a complaint against Gewessler for abuse of office, but the Economic and Corruption State Prosecutor’s Office (WKStA) soon dropped the case. There will be no annulment action notified to nullify the regulation.
Without a yes from the Greens, no case
The deadline to file the case ends on Tuesday, and the chancellor is now dismissing it. The office of Constitution Minister Caroline Edstadler (ÖVP) confirmed this to Ö1-Mittagsjournal.
“Austria will not bring a measure to repeal the EU restructuring law because it has not been able to reach the necessary agreement with the relevant ministries,” the newspaper quoted from a statement. Without the approval of the Greens, no case would be possible.
“The response to Climate Protection Minister Kevesler’s violation of the law should not be further violation of the law. As a Constitution Minister, I am not in a position to ignore the requirements of Union Ministry legislation and state practice,” the statement continued. “The Constitution and our laws are the greatest asset in a constitutional state. Prosecution is a departure from existing practice since joining the EU.I am not abandoning this state practice for ideological reasons, unlike the climate protection minister.
However, the Edstadler Ö1 “may be reviewed at any time by an Austrian court as part of domestic recovery proceedings, in particular, the question of the validity of the regulation may be submitted to the ECJ for a decision.”
Sticking points in alliances
In the ÖVP’s view, EU nature protection regulatory legislation also affects matters that are a state matter. In November 2022 the central states issued a negative balanced report on this. However, Vienna later reversed course and withdrew from the ranks of the other federal states. This led to a dispute over whether the Declaration of States was still valid. There was also a difference of opinion within the alliance over the responsibilities of the ministries.
The EU Nature Restoration Act is the centerpiece of the comprehensive “Green Deal” climate protection package, which aims to make the EU climate neutral by 2050. The overall goal is the long-term and sustainable restoration of biologically diverse and resilient ecosystems. This means, among other things, reforested forests, rewetted ridges and natural river channels and consequent biodiversity conservation.
The EU Commission’s original plan from June 2022 met with a lot of criticism. In negotiations between EU member states and the European Parliament, the restriction was weakened and EU countries were given more flexibility in implementation. Nevertheless, despite the compromise, some states changed course under the influence of protests and EU elections.
