COMMISSION STAFF WORKING DOCUMENT 2025 Rule of Law Report Country Chapter on the rule of law situation in Austria Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2025 Rule of Law Report The rule of law situation in the European Union

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EUROPEAN
COMMISSION
Strasbourg, 8.7.2025
SWD(2025) 920 final
COMMISSION STAFF WORKING DOCUMENT
2025 Rule of Law Report
Country Chapter on the rule of law situation in Austria
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions
2025 Rule of Law Report
The rule of law situation in the European Union
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ABSTRACT
In Austria, the level of perceived independence of the judiciary among the general public
continues to be very high and the overall efficiency of the justice system remains high as
well. There have been no steps to introduce systematic judicial involvement in the
appointment of administrative court (vice-)presidents. The establishment of an independent
Federal Prosecution Office has not advanced so far, though the Government programme
commits to take such a reform forward and legal drafts are being prepared. Certain reporting
obligations of the prosecution service remain high, and the Minister of Justice continues to
make use of the right to instruct prosecutors in individual cases within the existing legal
framework, further underlying the need for a reform of the system. Resources allocated to the
justice system allow for posts to be filled, while needs for additional posts for judges have
been identified. Digitalisation of justice continues to advance, and the compulsory online
publication of judgments has been expanded to the Higher Regional Courts. A reform of the
system of evaluation of judges to introduce a more feedback-based system is being discussed.
Court fees in specific contexts continue to be high and the Constitutional Court found a
restriction on access to legal aid in the Administrative Procedural Code to be
unconstitutional.
The National Anti-Corruption Strategy and the 2023-2025 Action Plans are being
implemented. Investigations in high-level corruption cases continue, while prosecutors can
still face intense scrutiny with regard to specific cases. Work on an asset declaration system
and Code of Conduct for Ministers, as well as new rules for Members of Cabinet, is ongoing.
First discussions are taking place on an asset and interests regime for Members of Parliament.
The establishment of a publicly accessible register of parliamentary groups strengthened
transparency, and web-based reporting channels for whistleblowers are reported to function
well. The lobbying framework and rules on revolving doors remain limited in scope. The
Court of Audit performed new tasks in line with its extended mandate. Measures to mitigate
corruption risks in public procurement, which is seen as an area at high risk of corruption,
continue.
The media regulator continues to operate independently. While funding for quality journalism
is having a positive impact, the economic situation of media business operators deteriorates.
There have been limited steps to address the proper implementation and enforcement of fair
distribution of state advertising. Following a Constitutional Court ruling, the rules on the
management bodies of the public service broadcaster were amended to increase the
independence of these bodies. Measures continue to address challenges regarding the safety
of journalists.
The Ombudsman Board, which is the National Human Rights Institution, functions
effectively and the nomination procedure for its members is set to be strengthened. The
Government has committed in its programme to transparency and objectivity with respect to
appointments to high-level positions at independent authorities, which remains an area
susceptible to politicisation. The implementation of the recent reform of the tax framework
for civil society organisations has shown positive results.
2
RECOMMENDATIONS
Overall, concerning the recommendations in the 2024 Rule of Law Report, Austria has made:
• No progress on addressing the need for involvement of the judiciary in the procedures for
appointment of court presidents of administrative courts, taking into account European
standards on judicial appointments and the selection of court presidents.
• Limited progress on taking forward the reform to establish an independent Federal
Prosecution Office, taking into account European standards on the independence and
autonomy of the prosecution, including to ensure the independent operation of the
specialised anti-corruption prosecution.
• Limited progress on introducing effective rules on assets and interests’ declaration for
Members of Parliament, including effective monitoring and sanctioning mechanisms.
• No progress on adopting a legislative proposal to strengthen the framework on lobbying,
including the transparency register.
• Limited progress on taking steps to ensure proper implementation and enforcement as
regards the fair distribution of state advertising.
On this basis, and considering other developments that took place in the period of reference,
it is recommended to Austria to:
• Address the need for involvement of the judiciary in the procedures for appointment of
court presidents of administrative courts, taking into account European standards on
judicial appointments and the selection of court presidents.
• Take forward the reform to establish an independent Federal Prosecution Office, taking
into account European standards on the independence and autonomy of the prosecution,
including to ensure the independent operation of the specialised anti-corruption
prosecution.
• Take forward efforts to introduce effective rules on assets and interests’ declaration for
Members of Parliament, including effective monitoring and sanctioning mechanisms.
• Adopt a legislative proposal to strengthen the framework on lobbying, including the
transparency register.
• Take steps to ensure proper implementation and enforcement as regards the fair
distribution of state advertising.
3
I. JUSTICE SYSTEM1
Independence
The level of perceived judicial independence in Austria continues to be very high among
the general public and is now high among companies. Overall, 86% of the general
population and 71% of companies perceived the level of independence of courts and judges
to be ‘fairly or very good’ in 20252
. The perceived judicial independence among the general
public has increased in comparison with 2024 (82%) and has slightly increased in comparison
with 2021 (84%). The perceived judicial independence among companies has decreased in
comparison with 2024 (77%), as well as in comparison with 2021 (78%).
There has been no progress on the recommendation to address the need for systematic
judicial involvement in appointment of administrative court (vice-)presidents3.
Administrative court (vice-)presidents at the eleven administrative first instance courts
continue to be appointed through a variety of procedures, without consistent judicial
involvement and without a clear requirement to be selected among already appointed judges4
,
which raises concerns with respect to European standards5
. A reflection process by the
conference of presidents of the first instance administrative courts initiated in 2024 did not
lead to any operational conclusions6
. Stakeholders have reiterated concerns about the existing
system and point to the upcoming end of terms of the president of the Supreme
Administrative Court and the vice-president at of Federal Administrative Court7
. The
Government programme commits to transparent and merit-based appointments, while
allocating the right to make proposals for certain high-level positions in the judiciary to
specific members of the Government8
. In this light, no progress has been made on the
recommendation.
There has been limited progress on the recommendation to establish an independent
Federal Prosecution Office, as the Government programme commits to taking forward
such a reform9. The independent committee set up to investigate allegations of (attempted)
1
An overview of the institutional framework for all four pillars can be found here.
2
Figures 50 and 52, 2025 EU Justice Scoreboard and Figures 49 and 51, 2023 EU Justice Scoreboard. The
level of perceived judicial independence is categorised as follows: very low (below 30% of respondents
perceive judicial independence as fairly good and very good); low (between 30-39%), average (between 40-
59%), high (between 60-75%), very high (above 75%).
3
The 2024 Rule of Law Report recommended Austria to “[a]ddress the need for involvement of the judiciary
in the procedures for appointment of court presidents of administrative courts, taking into account European
standards on judicial appointments and the selection of court presidents.”
4
2024 Rule of Law Report, Austria, pp. 4-5. See in this respect also GRECO (2023), recommendation xi.
5
CCJE (2016), para. 38, Committee of Ministers (2000), para. 47. See also Judgment of the CJEU, C-896/19,
para. 57.
6
Country visit Austria, Regional Administrative Court Lower Austria. In the region of Tyrol, internal
guidelines have been developed for the appointment process of the president and vice-president of the
administrative court; Land Tyrol (2024). However, these guidelines provide that only three of the nine
members of the selection committee have to be judges.
7
Country visit Austria, Associations of Judges and Administrative Judges. See recently e.g. Falter (2025).
8
Including (vice-)presidents of the Supreme Administrative Court, the Federal Administrative Court and the
Federal Finance Court. Austrian Government (2025), pp. 207-209. While the Government programme also
includes plans for an overall evaluation of the administrative judiciary ten years after its establishment, no
details are known at this stage. Austrian Government (2025), p. 125.
9
The 2024 Rule of Law Report recommended Austria to “[t]ake forward the reform to establish an
independent Federal Prosecution Office, taking into account European standards on the independence and
4
political influence in the judiciary10
presented its final report in July 2024, concluding that
there had been clear instances of attempts to influence prosecutorial action on political
grounds, notably in high-profile cases, linked also to the extensive system of oversight and
reporting to the Ministry of Justice11
. It recommended again to increase the independence of
the prosecution by establishing a Federal Prosecution Office independent from the executive.
The new Government programme presented in March 2025 includes a commitment to create
an independent Federal Prosecution Office as a collegiate body supervising the prosecution
services12
. Draft legislation is in preparation, as the project requires a constitutional change
and multiple legal adjustments. Stakeholders generally welcome this, but voice concerns
related to the design of the mechanism of parliamentary control, as the Government
programme does not explicitly exclude oversight by Parliament over ongoing cases13
.
According to European standards, regular reporting of the prosecution service should not
extend to an obligation to report to Parliament on the details of individual cases14
. In view of
the political commitment in the Government programme, limited progress has been made on
the recommendation.
Certain reporting obligations of the prosecution service remain high, and the Minister
of Justice continues to make use of the right to instruct prosecutors in individual cases.
The system of reporting obligations of prosecutors to the senior prosecutors’ offices and
ultimately to the Ministry of Justice continues to constitute an important burden notably on
the Central Public Prosecutor’s Office for Combating Economic Crimes and Corruption
(WKStA)15
, with the possibilities for reducing it without legislative change having been
exhausted16
. As regards the power of the Minister of Justice to issue instructions to
prosecutors in individual cases, the 2023 report on instructions (covering only concluded
cases) reports 17 instructions between 2017-202317
. The Council of Directives (Weisungsrat),
an independent advisory body to the Minister of Justice examining all instructions in
individual cases, examined 31 cases in 2024 in which the Minister intended to issue an
instruction18
. This shows that this power continues to be exercised in practice, which, linked
with the system of reporting obligations, continues to underline the relevance of the above
mentioned reform to establish an independent Federal Prosecution Office. In this respect, the
authorities note that reporting obligations and instructions serve to ensure the high quality of
the prosecutorial work and are not meant to undermine the independent conduct of the Public
Prosecutors’ investigations.
autonomy of the prosecution, including to ensure the independent operation of the specialised anti-
corruption prosecution.”
10
2024 Rule of Law Report, Austria, pp. 5-6.
11
Investigative Commission (2024), pp. 7-12.
12
Further details of the reform included in the government programme are: appointment by the Federal
President upon an election by Parliament based on a proposal of an independent committee for a non-
renewal term of six years and ensuring parliamentary involvement in the on-going control and dismissal.
Austrian Government (2025), pp. 123-124.
13
Country visit Austria, Associations of Judges and Prosecutors, WKStA, Weisungsrat.
14
Venice Commission (2022), para. 23. See more generally, Committee of Ministers (2000) and Venice
Commission (2010).
15
Country visit Austria, WKStA. Association of Prosecutors (2025), written input, p. 6.
16
Austrian Government (2025), written input, p. 5.
17
Ministry of Justice (2025b), p. 2. The Report on Instructions 2024 is currently in preparation and is
expected for autumn 2025.
18
Ten of these were simultaneously cases of particular public interest. Weisungsrat (2025). It should also be
noted that two new members of the Weisungsrat were appointed in September 2024, after a delay of almost
two years. Country visit Austria, Weisungsrat.
5
Quality
Resources allocated to the justice system currently allow for posts to be filled, while
needs for additional posts for judges have been identified. In 2024, Austria was able to
increase the proportion of judicial posts filled, despite a significant increase in the overall
number of posts, reporting that 99% of posts for judges and court staff and 98% for
prosecutors were filled as of January 202519
. This is linked to various measures to increase
the attractiveness of the profession by the Ministry of Justice and the judiciary20
.
Nevertheless, the Judges’ Association, based on the personnel measuring tool of the Ministry
of Justice, estimates a need of about 200 additional posts to match an increased workload21
,
which could be achieved by hiring further judges or by increasing the numbers of judicial
clerks to support judges22
. At the Finance Court, the process to fill vacancies has progressed,
although challenges remain to keep pace with the rates of retirements23
. Stakeholders further
point to a significant gap between judges’ salaries and pensions and gaps between salaries of
judges and prosecutors24
. The Government programme commits to aligning the latter within
the budgetary possibilities25
and to creating additional posts for judicial clerks at the ordinary
courts26
. The proposed budget for 2025 foresees around EUR 4.9 billion funding for the
judiciary, including salary increases27
.
Digitalisation of justice continues to advance, and the compulsory online publication of
judgments has been expanded to the Higher Regional Courts. Digital tools are used
widely in civil, commercial and criminal cases by courts and prosecution services. Room for
improvement remains with regard to the general use of electronic communication tools by
courts and in administrative cases as regards digital solutions to initiate and follow
proceedings online28
. The ‘Justice 3.0’ initiative for the fully digital handling of cases in all
courts and prosecution services advances steadily, with the aim to reach 90% of the new
cases being managed digitally by the end of the year (75% now). The next steps in 2025 will
be the piloting and rollout in custody, inheritance and insolvency proceedings29
. At the
regional administrative courts, though progress is being made, the situation remains more
divergent, as most courts use different digital systems30
. Following amendments adopted,
with effect as of 1 January 2025, the obligation to publish all decisions in the federal legal
information system was extended to all legally binding decisions of the Higher Regional
19
Ministry of Justice (2025a), additional written input, p. 1.
20
This includes e.g. the establishment of a career portal and a widespread advertising campaign,
apprenticeship campaigns, and efforts by the Ministry of Justice and the judiciary to promote judicial
professions through to secondary school and university students. Austrian Government (2025), written
input, p. 8. Country visit Austria, Judges’ Association, Supreme Court.
21
Country visit Austria, Judges’ Association, Supreme Court. Judges’ Association (2025).
22
Country visit Austria, Judges’ Association, Supreme Court.
23
The fact that the publication of any post at the Court needs to be first authorised by the Minister of Finance
remains a potential obstacle in practice. Country visit Austria, Association of Administrative Judges.
24
Judges’ Association (2025), written input, p. 8 and (2025a), pp. 1-2. See also Judges’ Association and
Public Sector Union – Judges and Prosecutors (2024).
25
Currently, entry level salaries for judges are lower than for prosecutors by around EUR 300 per month.
Judges’ Association (2025), p. 2.
26
Austrian Government (2025), p. 126.
27
Ministry of Finance (2025).
28
Figures 43-49, 2025 EU Justice Scoreboard.
29
Ministry of Justice (2025), additional written input, pp. 2-3.
30
Country visit Austria, Regional Administrative Courts, Federal Bar.
6
Courts; it previously only applied to the Supreme Court31
. The Federal Bar notes that the
courts have access to a broader repositorium of judgments than lawyers and the public, and
can cite them in future decisions, which they consider can impact the equality of arms
between the parties32
. However, anonymised copies of cited but not published decisions can
be obtained by parties upon requests and the decisions must also be subsequently published33
.
A reform of the system of evaluation of judges is being discussed. Earlier attempts to
reform evaluations of judges to introduce a more feedback-based system had failed due to the
lack of agreement between the Ministry of Justice and the judiciary34
. The Ministry has now
renewed these efforts based on exchanges with other Member States in the framework of the
European Network of Councils for the Judiciary. A meeting was held in March 2025 with all
relevant national stakeholders and expertise from the Netherlands35
and further discussions
are planned36
. The Government programme also includes a commitment to reform the system
of evaluation of judges37
. As regard administrative courts, some concerns are being raised by
stakeholders on the system of performance evaluation of the courts (the so-called internal
revision) in view of the role of the executive38
. Relevant legislation generally sets out
requirements to guarantee judicial independence in the evaluation process39
.
Court fees in certain contexts continue to be high and the Constitutional Court found a
restriction on access to legal aid in the Administrative Procedural Code to be
unconstitutional. The previously reported situation as regards high court fees in certain
contexts due to the absence of a cap on court fees remains unchanged40
. On 1 April 2025,
further increases to court fees of around 23% on average entered into force41
. This challenge
applies also to the business sector as the absence of a cap on court fees is particularly relevant
in high-value cases42
. In 2024, there was a significant decrease in the income through court
fees, due to economic developments in the property market and the temporary suspension of
certain registry fees43
. The Government programme commits to evaluating court and judicial
fees to guarantee access to justice44
. Furthermore, in October 2024, the Constitutional Court
31
See also Figure 49, 2025 EU Justice Scoreboard, showing the gaps in all first and second instance courts.
32
Country Visit Austria, Ministry of Justice, Federal Bar. Federal Bar (2025), written input, pp. 9-10. The Bar
further underlines that the obligation only applies to final decisions of general interest, which is to be
assessed by the deciding court.
33
§48a subsection 5 Court Organisation Act (GOG).
34
2023 Rule of Law Report, Austria, p. 8.
35
Country visit Austria, Ministry of Justice, Judges’ Association. Administrative judges continue to raise
concerns about the possibility of an automatic dismissal or early retirement in case of two ‘not satisfactory’
evaluations win consecutive calendar years. Country visit Austria, Association of Administrative Judges.
36
The aim is to develop an innovative evaluation system, in which the focus is on regular feedback and
personal as well as professional development of judges. Austrian Government (2025b).
37
The government programme also commits to modernise the training of judges and prosecutors. Austrian
Government (2025), p. 126.
38
Country visit Austria, Association of Administrative Judges.
39
E.g. §3 Law on the Federal Administrative Court, in conjunction with §78a of the Court Organisation Law.
40
2024 Rule of Law Report, Austria, p. 10. Federal Bar (2025), written input, pp. 8-9. The Federal Bar also
points to challenges related to legal transaction fees that disincentivise the conclusion of written agreements
(e.g. for out-of-court settlements), due to associated costs. Country visit Austria, Federal Bar, WKO.
41
Ordinance of the Federal Minister of Justice on the re-assessment of court fees.
42
WKO (2025), written input, p. 7. For first-instance civil cases above a EUR 350.000 in value, the fee is
1.2% of the value plus EUR 4203, amounting e.g. up to EUR 124.000 for a case with a value of EUR 10
million.
43
Austrian Government (2025), written input, pp. 7-8.
44
Austrian Government (2025), p. 126.
7
found the wording in a provision of the Administrative Procedural Code limiting access to
legal aid to under the scope of Article 6 of the European Convention on Human Rights or
Article 47 of the Charter of Fundamental Rights to be unconstitutional and ruled that the
principle of the rule of law requires legal aid for all administrative court proceedings. The
suspension of these provisions as of 31 March 2026 is expected to expand access to legal aid
in administrative cases in practice45
. In June 2024, the UN Committee against Torture
recommended Austria to ensure that all fundamental safeguards are guaranteed in practice for
all detained persons, in particular the right to be assisted by a lawyer and, if applicable, be
provided with free legal aid46
.
Efficiency
The overall efficiency of the justice system remains high, although there is a slight
increase in the disposition time for administrative and bribery cases. The average time to
resolve litigious civil and commercial cases remains very low (141 days in 2023 compared to
142 days in 2022), also at second (87 days) and third instance (111 days), with a clearance
rate at 98%47
. In administrative cases, the positive trend from previous years has stagnated,
with the disposition time increasing (313 days in 2023 compared to 285 days in 2022), the
clearance rate decreasing (100% in 2023 in comparison to 112% in 2022), and the backlog
remaining high (0.5 per 100 inhabitants in 2023). However, the disposition time in
administrative cases at last instance is considerably lower (172 days in 2023). The positive
trend regarding the disposition time in bribery cases seems to have reversed, resulting in
significantly longer cases (518 days in 2023 in comparison to 164 days in 2022)48
. Several
amendments to the criminal procedure law came into force on 1 January 2025, aiming to
increase the efficiency of proceedings, notably by reducing the time limits for preliminary
proceedings, further expanding the courts’ competence to order the public prosecutor’s office
to expedite the proceedings, and establishing time limits for expert witnesses49
. Business
stakeholders also consider the efficiency of justice to be very high50
.
II. ANTI-CORRUPTION FRAMEWORK
The perception among experts, business executives and citizens is that the level of
corruption in the public sector remains relatively low. In the 2024 Corruption Perceptions
Index by Transparency International, Austria scores 67/100 and ranks 10th
in the European
Union and 25th
globally51
. This perception has significantly increased over the past five
45
Judgment of the Austrian Constitutional Court G3504/2023. The Austrian authorities inform that no further
action to implement the judgment is needed. Country visit Austria, Ministry of Justice.
46
UN OHCHR (2025), written input Austria, p. 5. See UN CAT (2024), para 14 and 15, noting concerns
about reports that, in practice, the presence of a lawyer during police questioning, free of charge, is still not
available to all detained adults who cannot afford to pay for a lawyer themselves.
47
Figures 6, 7 and 11, 2025 EU Justice Scoreboard.
48
Figures 8, 9, 12, 15, and 23, 2025 EU Justice Scoreboard.
49
Austrian Government (2025), written input, p. 10. Stakeholders note that they consider the impact of the
limit of the duration to preliminary proceedings to be limited in practice – on the one hand, prosecutors do
no longer need to request a prolongation ex officio, but parties can request a discontinuation. Country visit
Austria, Association of Prosecutors, Senior Prosecution Office Vienna, WKStA.
50
WKO (2025), written input, p. 8. Country visit, WKO.
51
The level of perceived corruption is categorised as follows: low (above 79); relatively low (scores between
79-60), relatively high (scores between 59-50), high (scores below 50).
8
years52
. The 2025 Special Eurobarometer on Corruption shows that 58% of respondents
consider corruption widespread in their country (EU average 69%) and 28% of respondents
feel personally affected by corruption in their daily lives (EU average 30%). As regards
businesses, 55% of companies consider that corruption is widespread (EU average 63%) and
22% consider that corruption is a problem when doing business (EU average 35%).
Furthermore, 55% of respondents find that there are enough successful prosecutions to deter
people from corrupt practices (EU average 36%), while 40% of companies believe that
people and businesses caught for bribing a senior official are appropriately punished (EU
average 33%)53
.
The National Anti-Corruption Strategy 2023-2025 is currently being implemented. In
2024, the Federal Bureau of Anti-Corruption (BAK) hosted training courses for Federal
Ministries as well as under the Integrity Officer Network and through the network of
Corruption Prevention Officers. In addition, the BAK produced a booklet addressed to
executives on integrity issues54
. Civil society organisations advocate for a mandatory
reporting to Parliament on the implementation of the strategy. Although awareness-raising
events were held in 2024 for the general public as well as for the education sector, some
stakeholders regret the insufficient information regarding the implementation of the
strategy55
. The first evaluation of the actions under the National Action Plan 2023-2025 is
planned to be launched in June 202556
.
Investigations in high-level corruption cases continue, while prosecutors still experience
intense public scrutiny when dealing with specific cases. Investigations on a number of
high-level corruption cases are ongoing57
. As already noted in previous reports58
, public
scrutiny characterised by a critical narrative in the media remains high, including in relation
to individual prosecutors59
, especially in cases of corruption60
. Prosecutors also highlight
practical concerns in the prosecution of these high-level cases related to security clearance
and the length necessary to obtain information required for investigations. Prosecutors still
consider that a more clearly framed dialogue with the political sphere and the media could
help improve public trust in the work of the prosecution61
. Prosecutors have raised concerns
that one of the consequences of the amendments to the Code of Criminal Procedure
regulating the seizure of electronic devices, in place since January 2025, could be to impact
52
In 2020, the score was 76 while, in 2024, the score is 67. The score significantly increases/decreases when
it changes more than five points; improves/deteriorates (changes between 4-5 points); has been relatively
stable (changes from 1-3 points) in the last five years.
53
Data from special Eurobarometer 561 (2025). Flash Eurobarometer 557 (2025).
54
Austrian Government (2025), written input, p. 20.
55
Country visit, Austria, Transparency International Austria, Antikorruptionsbegehren and Forum
Informationsfreiheit.
56
Austrian Government (2025), written input, p. 20. The 2023-2025 Action Plan of organisations and
authorities with voluntary participation contains 111 objectives with 224 measures and 216 measurable
indicators in the area of prevention. Like the Federal Action Plan, this second Action Plan in the field of
prevention is divided into fields of action: 1. Integrity Management – Promoting Conduct with Integrity; 2.
Compliance Management Systems – Public Administration; 3. Reduction of structural corruption risks; 4.
Promoting measures to prevent corruption; 5. Raising awareness – public; 6. Awareness raising – training
of specific target groups.
57
The 2024 Annual Report of the WKStA summaries further steps in several high-level cases.
58
2024 Rule of Law Report, Austria, p. 14.
59
Country visit, Austria, Association of Prosecutors and Central Public Prosecutor’s Office for Combating
Economic Crimes. Association of Prosecutors (2025), written input, p. 5.
60
Country visit, Austria, Central Public Prosecutor’s Office for Combating Economic Crimes and Corruption.
61
Country visit, Austria, Central Public Prosecutor’s Office for Combating Economic Crimes and Corruption.
9
the effectiveness of investigations including in the anti-corruption field, and would need to be
observed over time62
.
Resources of the prosecution service for anti-corruption remain stable, although they
still consider additional posts are needed to address complex cases and burdens related
to heavy reporting obligations. In 2024, the Federal Bureau of Anti-Corruption (BAK)
detected 83 potential cases of corruption (compared to 66 in 2023), in addition to 769 cases
(688 in 2023) relating to allegations of abuse of official authority63
. Regarding the outcomes
of criminal proceedings against legal persons for corruption offences, since 2023 no cases led
to indictments and 10 to discontinuation of investigation proceedings, with no conviction
issued so far64
. As of December 2024, the WKStA has around 200 open investigations; 77 are
ongoing large-scale cases 65
. In terms of resources, there has been no change with regards to
the number of 47 public prosecutors, and the five additional permanent posts asked in 2024
have not been granted so far. On the other hand, the WKStA has obtained additional
resources in supporting staff66
. A strengthening of law enforcement capacities in IT forensics
and in corruption investigations generally is also envisaged under the new Government67
.
Reporting obligations are still particularly heavy for the anti-corruption prosecution (in the
cases subject to reporting requirements, the reports in 40% of cases remain pending/under
preparation; see also pillar I), weighing on its resources68
. The resources of the Federal
Bureau of Anti-Corruption (BAK) have increased: as of 1 December 2024, the BAK had 174
employees (161 in 2023)69
. The cooperation between prosecution and the BAK and between
prosecution services themselves, including with the EPPO, remains smooth, especially as
regards exchange of data70
.
Limited progress has been made on the recommendation to introduce rules on assets
and interests disclosure for Members of Parliament71
. A meeting of the parliamentary
groups in May 2025 launched discussions on this matter72
. At present, Members of
62
Austrian Parliament (2024a), Criminal Procedure Law Amendment Act 2024 (4125/A). Country visit,
Austria, Association of Prosecutors. Association of Prosecutors (2025), written input, p. 5.
63
This includes 10 cases of alleged corruptibility, 4 cases of alleged acceptance of an advantage, and 5 cases
of alleged bribery. In addition, the Bureau registered 2 cases of alleged acceptance of an advantage for the
purpose of exerting influence, 1 case of illicit intervention and 3 cases of alleged acceptance of gifts and
bribery of employees or agents and 37 cases of alleged breach of official secrecy. (§4 BAK Act). Austrian
Government (2025), written input, p. 27.
64
Data for 1 January 2023 – 31 December 2024. Austrian Government (2025), written input, p. 27.
65
WKStA (2025), 2024 Annual Report. Among the 200 open cases, 28% are corruption offences, while the
remaining 72% are economic crimes. Around 1 000 cases were completed in 2024, while around 960 new
cases were opened in the same year.
66
The WKStA can rely on 11 business experts but 2 other ones would be necessary. Besides, 15 IT experts
are available for the whole justice system and are not dedicated exclusively to the WKStA. Country visit,
Austria, Central Public Prosecutor’s Office for Combating Economic Crimes and Corruption.
67
Programme of the new Austrian Government, p. 126.
68
Country visit Austria, Central Public Prosecutor’s Office for Combating Economic Crimes and Corruption.
69
13 of whom are on justified leave of absence or working in other organisational units outside the BAK.
Austrian Government (2025), written contribution, p. 17 and additional contribution, pp. 5-6. Ministry of
Finance (2025), Budget 2025.
70
Country visit Austria, Senior Prosecutor’s Office Vienna Central Public Prosecutor’s and Office for
Combating Economic Crimes and Corruption. According to the 2024 Annual Report (2025), no EPPO case
for Austria in 2024 concerned specifically corruption.
71
The 2024 Rule of Law Report recommended to Austria to ‘introduce effective rules on assets and interests’
declaration for Members of Parliament, including effective monitoring and sanctioning mechanisms’.
72
Austrian Government (2025), additional written input.
10
Parliament are obliged to declare any income generated by freelance or salaried work and the
employer. Nevertheless, these obligations do not include a full range of assets, interests, debts
or liabilities73
. This lack of disclosure obligations has been the subject of several GRECO
recommendations74
and is reflected in the current Code of Conduct for Members of both
chambers of Parliament, which mostly reiterates existing legal provisions75
. In addition, this
Code of Conduct has been updated and published online in February 2025 in order to take
into account the amendments of the law that have taken place in the meantime. The updated
version is more comprehensive and also reflects security and data protection instructions76
.
However, no monitoring or sanction mechanisms have been introduced to control the
accuracy of voluntary declarations. There are no dedicated rules on accepting and disclosing
gifts by Members of Parliament77
. Discussions on parliamentary groups level took place
towards the end of the previous legislative period in order to create the possibility to live-
stream sessions of parliamentary investigative committees78
. Recent media reports suggest
that these discussions might be continued during the current legislative period79
. As a result,
limited progress has been made on the recommendations made in the previous years.
Work on an asset declaration system and a Code of Conduct for Ministers as well as
new rules for Members of Cabinet is ongoing. A new asset-declaration system is still being
drafted by the Federal Chancellery, following the GRECO recommendations80
. There is no
clear timeline for adoption81
. Additionally, a Code of Conduct for Ministers has been
prepared in the Federal Chancellery, which would focus on conflicts of interest82
. The
programme of the new Government also includes a Code of Conduct for Cabinet staff83
.
Furthermore, since 2020, a Code of Conduct for the Prevention of Corruption in the Public
Service is also in place, which provides instructions to public service employees and
managers on how to deal with bribery attempts, gifts and invitations, lobbying, includes
examples of compliant and non-compliant behaviour, and provides guidance on
whistleblowing84
.
There has been no progress on the recommendation to strengthen the lobbying
framework, which remains limited in scope85. No changes have been made so far to
73
Other sources of income are listed in the Incompatibility and Transparency Act. The amounts and activities
are published and accessible for everyone interested (Gesamtliste gemäß § 9 BezBegrBVG - Nationalrat |
Parlament Österreich). Austrian Parliament (2013), Incompatibility and Transparency Act (59/2012). 2024
Rule of Law Report, Austria, pp. 16-17.
74
GRECO Fourth Evaluation Round – Second Compliance Report, recommendations iii – viii.
75
2024 Rule of Law Report, Austria, pp. 16-17. Austrian Parliament (2025), Code of Conduct for Members of
the National Council and Members of the Federal Council.
76
Austrian Government (2025), written input, p. 14, Austrian Parliament (2025), written input, pp. 2-3.
77
2024 Rule of Law Report, Austria, pp. 16-17. Additionally, the compliance unit of the Parliamentary
Administration continues to offer voluntary consulting on these topics for members of Parliament, Austrian
Parliament (2025), written input p. 4.
78
Austrian Parliament (2025), written input, pp. 3-4; Austrian Government (2025), written input, p. 29.
79
Der Standard (2025).
80
GRECO Fifth Evaluation Round, p. 64 - Recommendation x (i).
81
Austrian Government (2025), additional written input.
82
Austrian Government (2025), written input, pp. 19 and 21. See GRECO Fifth Evaluation Round Report,
recommendation iii, para 67. 2024 Rule of Law Report, Austria, p. 17.
83
Austrian Government (2025), p. 197.
84
Austrian Government (2020), The responsibility lies with me, Code of Conduct for the Prevention of
Corruption in the Public Service.
85
The 2024 Rule of Law Report recommended to Austria to “adopt legislation to strengthen the framework on
lobbying, including on its scope, supervision and enforcement”.
11
improve the limited scope of the lobbying legislation, which dates back to 201386
. The need
for reform has been underlined by GRECO87
, the Court of Audit88
, and other stakeholders89
,
who consider the existing framework as limited as well as lacking sanctions and control
mechanisms90
. No follow up has been given so far on the recommendations of a working
group established in 2020 and overall, no progress has been made on this recommendation
made in the previous years.
The overall post-employment framework remains limited. As previously reported91
,
revolving doors provisions remain very limited92
. Beside the specific provisions of
Constitutional law93
which excludes former member of Government from certain positions
for a period of five years, there is no post-employment restriction for ministers and state
secretaries, nor an effective supervision mechanism regarding the rules in place94
. As
reported last year, the 2024 amendment introducing a three-year cooling off period for
Members of Government before becoming constitutional judges95
represents a limited step
forward in creating a revolving doors framework. Stakeholders continue to call for broader
rules96
.
The Court of Audit performed new tasks in line with its extended mandate. Following
the amendments to the Political Parties’ Act in July 2022, and additional tasks assigned97
, the
Court of Audit (ACA) is carrying out audits of party statements according to the new rules
for the first time since the end of 2024 (when the first party statements under the new regime
since 2023 were submitted)98
. The ACA considers that the current staff and budget provisions
are sufficient to satisfactorily carry out its tasks99
.
The establishment of a publicly accessible register of parliamentary groups has
strengthened transparency. The bill which amended the Parliamentary Groups Funding Act
concerning the establishment of a publicly accessible register of parliamentary groups100
entered into force in 2023, with some new obligations concerning the public party register
being in force since January 2024. The definition of “party affiliated organisation” has been
extended in order to broaden the scope of application by including affiliated organisations
86
Only specialist lobbying companies, in-house lobbyists, self-governing bodies and interest groups have to
register and single contacts do not have to be reported; see 2020 Rule of Law Report, Austria, p. 9.
87
GRECO Fourth Evaluation Round – Second Compliance Report, recommendation v, paras 21-23; GRECO
Fifth Evaluation Round Report, paras 82-87.
88
Court of Audit (2019).
89
Country visit, Austria, Transparency International Austria and Forum Informationsfreiheit.
90
Country visit Austria, Transparency International Austria, Antikorruptionsbegehren, and Forum
Informationsfreiheit. Transparency International Austria (2022).
91
2024 Rule of Law Report, Austria, p. 18.
92
As underlined by the GRECO, Fifth Evaluation Round Report, recommendation ix, paras 122-126.
93
Former members of Government are excluded from certain positions for five years, such as in the Supreme
Court, the Administrative Courts, the Supreme Administrative Court as well as the Constitutional Court
leadership (President and Vice-President).
94
Austrian Parliament (2024).
95
Federal Constitutional Act, Federal Law Gazette Act and Others, Amendment (4099/A).
96
Country visit, Austria, Antikorruptionsbegehren and Forum Informationsfreiheit.
97
2024 Rule of Law Report, Austria, p. 19.
98
Country visit, Austria, ACA.
99
Depending on budgetary discussions at the Parliament, the ACA may count 295 full-time equivalents. The
overall ACA budget is also expected to increase and amount to EUR 49.9 million (compared to 46.7 million
in 2024). ACA (2025), written contribution, p. 10; Country visit, Austria, ACA. Ministry of Finance (2025).
100
Klubfinanzierungsgesetz 1985 – KlubFG.
12
that support a political party or another affiliated organisation of that party. Civil society
acknowledges that the register has strengthened transparency, but has identified loopholes in
the current framework regarding the transparency of foreign donations, delays on reporting to
the public and advocates for more accountability towards voters in the spending101
.
Web-based reporting channels for whistleblowers are reported to function well. Several
reporting channels exist in Austria: a web-based reporting channel established by the Federal
Ministry of Justice102
and the BAK’s system, which are both operational since 2023. Since it
was set up, the Federal Bureau of Anti-Corruption (BAK) has received 147 reports by 31
December 2024. The WKStA manages its own online whistleblower reporting channel
already since 2013, which is reported to be working well, with no overlaps with the one from
the BAK103
. A coordination between the existing channel of the WKStA and the one
established under the BAK is not in place104
. Some civil society organisations also raise
concerns regarding potential conflict of interests coming from leniency measures, currently
granted to whistleblowers by the Minister of Justice. Some of them also advocate for a better
promotion of these tools105
. Specific trainings are offered to public servants on corruption and
integrity, which include whistleblowing tools106
.
Measures to mitigate corruption risks in public procurement, which is still seen as an
area at high risk of corruption, continue. Businesses’ attitudes towards corruption in the
EU shows that 22% of companies in Austria (EU average 25%) think that corruption has
prevented them from winning a public tender or a public procurement contract in practice in
the last three years107
. 88% of businesses perceive the level of independence of the public
procurement review body at federal level108
(the Federal Administrative Court) as very or
fairly good when it is reviewing cases109
. The Single Market and Competitiveness Scoreboard
on access to public procurement in Austria reports 28% of single bids for 2023 (EU average
29%). The Austrian Court of Audit (ACA) regularly examines areas with particularly high
risks of corruption, with the possibility of follow-up audits to monitor the implementations of
its recommendations. The ACA had previously recommended to the federal level to procure
more via a central purchasing body, which has been partially implemented110
. In addition, the
Federal Ministry of Justice is in the planning stage for a project aimed at further developing
e-procurement, also with a view of enhancing efficiency and transparency. In 2024, the
Austrian Federal Competition Authority, in cooperation with the Federal Bureau of Anti-
Corruption (BAK), launched a joint seminar series destined at decision-makers in local
governments whose main responsibilities lie in the areas of public procurement law. In
parallel, some Regional Courts of Audit also agreed to cooperate more closely with the
competition authority to raise awareness of cartel law breaches among contracting
101
Country visit Austria, Forum Informationsfreiheit.
102
2024 Rule of Law Report, Austria, p. 20.
103
Country visit, Austria, Central Public Prosecutor’s Office for Combating Economic Crimes and Corruption.
104
Country visit, Austria, Central Public Prosecutor’s Office for Combating Economic Crimes and Corruption.
105
Country visit, Austria, Antikorruptionsbegehren.
106
Austrian Government (2025), written contribution, pp. 22-23.
107
Flash Eurobarometer 557 on Businesses’ attitudes towards corruption in the EU (2025). This is 3
percentage points below the EU average.
108
There is no data available on the Regional Administrative Courts, which are the competent review bodies at
regional level.
109
Figure 59, 2025 EU Justice Scoreboard.
110
Country visit, Austria, ACA.
13
authorities111
. When identifying sectors at high risk of corruption, civil society and the
prosecution service still point to the links between some media outlets and the political
sphere, especially regarding state advertising112
, as well as to the zoning and urban planning
sector, particularly at the local level113
.
III. MEDIA PLURALISM AND MEDIA FREEDOM
The media regulator continues to function independently. The independent regulator for
audiovisual media services KommAustria and its administrative body, the Austrian
Regulatory Authority for Broadcasting and Telecommunications (RTR) continue to operate
under a legal framework that safeguard their independence and ensure the transparency of
their decisions114
. While some stakeholders consider that a lack of fully transparent and
objective selection criteria in appointment procedures, and the role of the Federal Chancellor
in the oversight structure, as potential risks to the perceived independence of the authority115
,
the Media Pluralism Monitor (MPM) 2025 confirms a continuously very low risk for the
independence and effectiveness of the media authority116
. The self-regulatory body for print
media, the Austrian Press Council, continued to function independently and handled around
420 complaints in 2024. Its funding was increased by law; however, this increase only
accounted for past inflation, and the amount of funding has not been linked to the inflation
rate117
. As a result, the Austrian Press Council is facing funding problems, which resulted in a
minor cut in staff and the relocation to smaller offices118
.
Following a Constitutional Court ruling, the rules on the management bodies of the
public service broadcaster were amended to increase the independence of these bodies.
In October 2023, the Constitutional Court ruled as unconstitutional the composition of the
management bodies of the public service media provider Österreichischer Rundfunk (ORF)
due to a violation of the requirement of independence119
. In March 2025, the Government
implemented the ruling through a reform of the ORF Act that reduced the number of
members appointed by the Government to the two management bodies and established new
qualification criteria for the members of the supervisory body (Stiftungsrat). The members of
both management bodies will be newly appointed in June 2025. These reforms may also
contribute to aligning the national framework with the requirements of the European Media
Freedom Act (EMFA), and the Government is working on further changes to ensure full
compliance. Moreover, the household contribution, which provides for a significant part of
the ORF budget, is planned to be frozen at the current level until 2029120
. According to the
111
Austrian Government (2025), written input, p. 25.
112
Country visit Austria, Central Public Prosecutor’s Office for Combating Economic Crimes and Corruption
and Antikorruptionsbegehren.
113
Country visit Austria, Transparency International Austria. Transparency International Austria (2025),
written input, p. 6.
114
Country visit Austria, KommAustria.
115
For KommAustria, all 7 members of the collegial body are proposed by the Federal Government, following
a public call for applications. For the RTR Media, the managing director is appointed by the Federal
Chancellor and fulfills certain responsibilities under the oversight of the Chancellor; Presseclub Concordia
(2025), written input, p. 2.
116
2025 Media Pluralism Monitor, country report for Austria, p. 12
117
2024 Rule of Law Report, Austria, p. 21. The increase was from EUR 150 000 to EUR 230 000.
118
Country visit Austria, Austrian Press Council.
119
2024 Rule of Law Report, Austria, p. 23.
120
Austrian Government (2025) p. 130.
14
MPM 2025, independence of public service media did strengthen and currently is at low
risk121
.
While funding for quality journalism is having a positive impact, the economic situation
of media service providers deteriorates. The overall business environment for media
service providers has remained stable122
. However, the already challenging economic
situation of the private media sector is further deteriorating, driven, in particular, by shifts in
advertising revenues. The revenue gap between online platforms and the media sector
widened in 2024, with online platforms recording a significant growth in their advertising
revenue. Against this backdrop, stakeholders reported a positive impact of the funding for
quality journalism123
. The total funding amount under 2023 law on funding of quality
journalism was disbursed in 2024, with 172 out of the 213 applicants receiving funding. An
evaluation of the law on funding of quality journalism is planned for 2026124
. While online
media are for the first time eligible for funding, stakeholders reported that only very few
online media outlets received it, noting that further professional journalistic criteria,
demonstrating quality journalism, should be taken into account for the awarding of
funding125
. According to the MPM 2025, media ownership transparency is at medium-high
risk and the plurality of media providers at very high risk126
.
There has been limited progress on the recommendation on the proper implementation
and enforcement of fair distribution of state advertising127. The rules governing the award
of state advertising which is subject, in particular, to the rules and principles of public
procurement128
remained unchanged. These rules provide access to advertising contracts also
for smaller media service providers. In most cases, the procurement is outsourced to media
agencies. The Federal Ministry of Justice intends to send a circular to all contracting
authorities, emphasising the need to award contracts in compliance with the public
procurement rules before August 2025 when the new state advertising requirements under the
EMFA start applying129
. Stakeholders welcomed the amended Act on the Transparency of
Media Cooperation and Funding, in force since January 2024, which strengthened
transparency rules for the publication of state advertising contracts of public entities130
. While
these rules are considered to be properly implemented, stakeholders criticised the lack of an
effective sanction mechanism in case the award of a state advertising contract violates the
rules131
. The Government plans to evaluate the newly adopted law in view of the EMFA
requirements132
. In 2024, reporting indicates that public spending on state advertising more
121
2025 Media Pluralism Monitor, country report for Austria, p. 26.
122
Country visit Austria, Association of Austrian Private Broadcasters, KommAustria and Presseclub
Concordia.
123
Country visit Austria, Association of Austrian Private Broadcasters, Austrian Press Council and Presseclub
Concordia.
124
Country visit Austria, KommAustria.
125
Country visit Austria, Austrian Press Council and Presseclub Concordia.
126
2025 Media Pluralism Monitor, country report for Austria, p. 20.
127
The 2024 Rule of Law Report recommended Austria to “Take steps to ensure proper implementation and
enforcement as regards the fair distribution of state advertising.”
128
Austrian Government (2025), written input, p. 31.
129
Country visit Austria, Federal Chancellery.
130
Country visit Austria, Forum Informationsfreiheit and Presseclub Concordia; 2024 Rule of Law Report,
Austria, p. 23.
131
Country visit Austria, Association of Austrian Private Broadcasters and Presseclub Concordia.
132
Austrian Government (2025), p. 144.
15
than doubled compared to 2023133
. The views of stakeholders diverge on the allocation of
state advertising. While some stakeholders viewed the significant share of state advertising
awarded to the tabloid press as in line with their relevance and reach in the market, others
criticised the current concentration of funding, raising concerns about political proximity
between certain media outlets and certain political parties134
. The large amount of public
spending on state advertising has continued to have a strong influence on the media market
and is considered a threat to independent journalism135
. Some stakeholders raised the
expectation that the overall amount of state advertising should be reduced, while public
funding awarded by transparent and objective criteria should be increased136
. As the
authorities are preparing some further steps to clarify rules on the allocation of state
advertising, limited progress has been made on the recommendation.
Preparations for the implementation of the Freedom of Information Act are well
underway for the entry into force in September 2025. The Freedom of Information Act
will for the first time provide a subjective right to information vis-à-vis public authorities and
state-owned enterprises, which was also enshrined in the Constitution. The law consists of
two pillars, one regarding the obligation of authorities to actively publish information, the
other regarding the right to request information from them137
. The scope of application for
information requests extends also to foundations, funds, institutions and companies subject to
the control of the Court of Audit or a provincial court of audit. The implementation of the Act
started and is ongoing. The Government is preparing a comprehensive draft law, which will
align the legislative framework on federal level to the requirements of the Freedom of
Information Act. Training courses and circulars are moreover informing public authorities at
all levels about the implementation138
. In January 2025, the Data Protection Authority
published draft guidelines on the evaluation of access to information requests.
Measures continue to address challenges regarding the safety of journalists. The
situation regarding the safety of journalists remained challenging139
. In particular, verbal
attacks to discredit journalists or the media coming from politicians were an issue, with the
Mapping Media Freedom platform issuing two related alerts since the 2024 Rule of Law
Report140
.The Council of Europe Platform to promote the protection of journalism and safety
of journalists did not issue new alerts concerning Austria141
. The deployment of liaison
officers within the police forces continued to help addressing physical altercations at public
events142
. The regular information sharing meetings between editors-in-chief of private and
133
With a large share reached EUR 417.9 million (compared to EUR 193 million in 2023), out of which EUR
74 million were spent by the federal and Länder governments, however this significant increase in spending
was mainly due to stronger transparency requirements, which limit the comparability of public spending
with previous years, KommAustria (2025).
134
Country visit Austria, Association of Austrian Publishers, Presseclub Concordia and Transparency
International Austria.
135
2025 Media Pluralism Monitor, country report for Austria, p. 44.
136
The new Government programme includes a commitment to reduce the budget for state advertising by 10 %
compared to the previous years; Austrian Government (2025), p. 132; Country visit Austria, Austrian Press
Council and Presseclub Concordia.
137
2024 Rule of Law Report, Austria, p. 24.
138
Austrian Government (2025), written input, p. 32.
139
Country visit Austria, Association of Austrian Private Broadcasters and Presseclub Concordia.
140
Mapping Media Freedom (2024).
141
Council of Europe Safety of Journalist Platform (2025).
142
Media liaison officers were established and measures such as contact availability and de-escalation training
were introduced. According to the Government, despite the communicated contact options, media liaison
16
public media and the Government have continued, on topics such as training offers.
Following a ruling of the Constitutional Court which found that a complete exemption of
media outlets from the application of the data protection laws to be unconstitutional, the Data
Protection Act was amended and entered into force in July 2024143
. While broadly welcoming
the amended Act which, among other things, strengthens the protection of editorial secrecy,
stakeholders reported that the amended law treats differently professional freelance
journalists as compared to journalists working for media service providers144
. SLAPPs were
not a major issue, with only few cases reported in the last years145
. The Government is
working on implementing the SLAPP Directive and set up a working group for that
purpose146
. The inclusion of stakeholders in the working group, including from the media
sector, was welcomed147
.
IV. OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES
The Ombudsman Board functions effectively and the nomination procedure for its
members is set to be strengthened. The Ombudsman Board (which functions as the
National Human Rights Institution and is accredited with A-Status) continues to operate
effectively148
.The budget for the Ombudsman Board is expected to remain stable149
.
According to the Government programme, the nomination procedure for the three members
of the board is expected to be reviewed (while remaining within the existing constitutional
framework). In addition, parliamentary hearings for the designated members would be
organised150
. This could also respond to a long-standing recommendation of the Sub-
Committee for Accreditation of the Global Alliance for National Human Rights Institutions
(GANHRI) to review the nomination procedure to ensure full transparency and political
independence of the Board151
. In 2024, the Ombudsman Board received 23 955 complaints
(similar to the level in 2023, where 23 124 complaints where received), out of which 16 458
were deemed admissible152
. As regards other independent authorities involved in the
protection of fundamental rights, the Government programme commits to a review and
strengthening of the system of Legal Protection Officers153
.
The Government has committed in its programme to transparency and objectivity with
respect to appointments to high-level positions at independent authorities, which
remains an area susceptible to politicisation. The Government programme commits to
officers were rarely contacted by journalists. Some stakeholders flag remaining practical and organisational
challenges. According to Presseclub Concordia, for instance, there are not enough liaison officers present or
they cannot be found; country visit Austria, Presseclub Concordia.
143
2024 Rule of Law Report, Austria, p. 25.
144
Presseclub Concordia reported that under the amended Data Protection Act, journalists working for a media
service provider are subject to fundamental exceptions to the data protection rights of those affected, while
for freelance journalists a case-by-case examination is conducted by the data protection authority;
Presseclub Concordia (2025), written input, p. 5.
145
Country visit Austria, Association of Austrian Private Broadcasters and Association of Austrian Publishers.
146
Austrian Government (2025), written input, p. 32.
147
Country visit Austria, Presseclub Concordia.
148
Country visit Austria, Ombudsman Board.
149
Ministry of Finance (2025). The proposed budget for 2025 is EUR 15.9 million, compared to 15.5 in 2024.
150
Austrian Government (2025), p. 124.
151
UN OHCHR (2025), written input Austria, p. 5, referring the recently reiterated recommendation by the UN
OCT (2024), para 17, originally made by the GANHRI Sub-Committee on Accreditation (2022), pp. 12-14.
152
Ombudsman Board (2025), p. 14.
153
Austrian Government (2025), p. 126.
17
transparent, objective and merit-based appointments for high-level positions for which the
Federal Government has the right of proposal. In addition, parliamentary hearings are set to
be organised for all designated candidates to become Constitutional Court judges on the basis
of proposals submitted by the National Council or the Federal Council and for all designated
members of the Federal Government154
. Stakeholders have long criticised the appearance of
politicisation in appointment procedures for independent authorities and publicly owned
companies, linked to often unjustified lengthy delays and the possibility to deviate from the
proposals of selection commissions involved in these procedures155
. During the reporting
period, no significant delays in the appointments to such positions have been identified.
Over two thirds of the companies surveyed in Austria express confidence in the
effectiveness of investment protection. 72% of companies are very or fairly confident that
investments are protected by law and courts156
. Stakeholders confirmed that they do not see
an issue with investment protection in Austria. As regards authorities relevant for economic
operators, 85% of companies perceive the level of independence of the national competition
authority (the Federal Competition Authority) as very or fairly good157
. There are no judicial
mechanisms in place at the level of the Supreme Administrative Court to ensure the
implementation of administrative court judgments158
.
On 1 January 2025, Austria had 5 leading judgments of the European Court of Human
Rights pending implementation, a decrease of 1 compared to the previous year159. At
that time, Austria’s rate of leading judgments from the past 10 years that had been
implemented was at 72% (compared to 68% in 2024; 28% remained pending), and the
average time that the judgments had been pending implementation was 1 year and 11 months
(compared to 1 year and 5 months in 2024)160
. The oldest leading judgment, pending
implementation for more than three years, concerns the violation of the applicant companies’
right to fair civil proceedings161
. As regards the respect of payment deadlines, on 31
December 2024 there were 2 cases in total awaiting confirmation of payments (compared to 3
in 2023)162
. On 16 June 2025, the number of leading judgments pending implementation had
decreased to 4163
.
The implementation of the recent reform of the tax framework for civil society
organisations has shown positive results. Civic space in Austria continues to be considered
154
Austrian Government (2025), p. 207 and pp. 123-124.
155
2024 Rule of Law Report, Austria, p. 28. The act on the advertising of vacancies stipulates deadlines for
both the advertisement and selection procedure of management positions. Country visit Austria,
Competition Authority, Transparency International, Judges’ Association.
156
Figure 54, 2025 EU Justice Scoreboard. Only 12% and 15% of the surveyed investors respectively perceive
the frequent changes in legislation or concerns about the quality of the law-making process, and the quality,
efficiency or independence of justice, respectively, as a reason for the lack of confidence in investment
protection.
157
Figure 50, 2025 EU Justice Scoreboard.
158
Figure 49, EU Justice Scoreboard 2025. The data presented reflects exclusively the mechanisms in place at
the level of the highest administrative jurisdictions; the same or other mechanisms may be in place at lower
instance administrative courts.
159
For an explanation of the supervision process, see the website of the Council of Europe.
160
All figures calculated by the European Implementation Network (EIN) and based on the number of cases
that are considered pending at the annual cut-off date of 1 January 2025. EIN (2025), written input, p. 1.
161
Judgment of the ECtHR, 56387/17, Pagitsch GMBH v. Austria, pending implementation since 2021.
162
Council of Europe (2025), p. 156.
163
Data according to the online database of the Council of Europe (HUDOC).
18
as ‘open’164
and stakeholders generally report that they are sufficiently consulted on draft
legislation, though consultation periods can vary in practice165
. The recent reform of the tax
framework for non-profit organisations extending the eligibility for tax-exempt status for
donations166
has been complemented by an administrative decree adopted in January 2025,
clarifying a number of points. While the competent Ministry expected the number of newly
registered organisations to be higher, stakeholders indicate that they consider registration
figures to be within their expectations, also linked to the fact that there is an option to register
at the level of an umbrella organisation167
. Overall, the new framework is considered to be a
clear improvement by stakeholders, in particular as regards the broadening of eligible
organisations and the definition of advocacy-related work. Civil society organisations have
also broadly welcomed the functioning of the Investigation Office for Allegations of
Maltreatment168
established in 2024, including as regards the participation of civil society
organisations in the Office’s independent monitoring committee, though pointing to its lack
of independence from the executive169
. Concerning funding, civil society organisations
expect the overall context of expected budget cuts to also impact funding available to them
170
.
164
Rating given by Civicus, Austria. Ratings are on a five-category scale defined as: open, narrowed,
obstructed, repressed and closed.
165
Country visit Austria, Bündnis Gemeinnützigkeit, Amnesty International, Federal Bar.
166
2024 Rule of Law Report, Austria, p. 29.
167
Country visit Austria, Ministry of Finance, Bündnis Gemeinnützigkeit.
168
This Office is competent to investigate allegations of police mistreatment.
169
Amnesty International Austria (2025) and Country visit Austria, Amnesty International.
170
Country visit Austria, Bündnis Gemeinnützigkeit, Amnesty International.
19
Annex I: List of sources in alphabetical order*
* The list of contributions received in the context of the consultation for the 2025 Rule of Law report
can be found at https://commission.europa.eu/publications/2025-rule-law-report-targeted-
stakeholder-consultation_en.
Amnesty International Austria (2025), One year of investigate body against police violence: A good
start, but independence must be ensured – identification requirement still lacking (Ein Jahr
Ermittlungsstelle gegen Polizeigewalt: Guter Start, aber Unabhängigkeit muss sichergestellt sein –
Kennzeichnungspflicht fehlt weiterhin), https://www.amnesty.at/presse/ein-jahr-ermittlungsstelle-
gegen-polizeigewalt-guter-start-aber-unabhaengigkeit-muss-sichergestellt-sein-
kennzeichnungspflicht-fehlt-weiterhin/.
Association of Prosecutors (2025), written input for the 2025 Rule of Law Report.
Austrian Association of Magazines and Specialist Media (ÖZV) (2024), Statement to the draft law to
amend the data protection law (Stellungnahme zum Ministerialentwurf zur Änderung des
Datenschutzgesetzes), https://www.parlament.gv.at/gegenstand/XXVII/SNME/253981/.
Austrian Chamber of Commerce (2024), National regulation on thresholds for public tenders until 31
December 2025 (Nationale Schwellenwerteverordnung bei öffentlicher Auftragsvergabe bis
31.12.2025), https://www.wko.at/wirtschaftsrecht/schwellenwerteverordnung-2023.
Austrian Constitutional Court, judgment of 13 December 2023, G 352/2021,
ECLI:AT:VFGH:2023:G352.2021.
Austrian Constitutional Court, judgment of 3 October 2024, G3504/2023,
ECLI:AT:VFGH:2024:G3504.2023.
Austrian Court of Audit (2019), Lobby and interest group register, report by the Court of Audit
(Lobbying- und Interessenvertretungs-Register, Bericht des Rechnungshofes),
https://www.rechnungshof.gv.at/rh/home/home/BUND_2019_45_Lobbying_Register.pdf.
Austrian Court of Audit (2023), Federal government to buy more through Federal Procurement
GmbH (Bund soll mehr über Bundesbeschaffung GmbH einkaufen),
https://www.rechnungshof.gv.at/rh/home/news/news/news_3/Bund_soll_mehr_ueber_Bundesbeschaff
ung_GmbH_einkaufen.html#:~:text=In%20ihrem%20heute%20ver%C3%B6ffentlichten%20Bericht
%20%E2%80%9E%20Bundesbeschaffung%20GmbH,abzuwickeln.%20Gepr%C3%BCft%20wurden
Austrian Court of Audit (2025), written input for the 2025 Rule of Law Report.
Austrian Economic Chamber (WKO) (2025), written input for the 2025 Rule of Law Report.
Austrian Federal Bar (2025), written input for the 2025 Rule of Law Report.
Austrian Government (2020), The responsibility lies with me, Code of Conduct for the Prevention of
Corruption prevention in the Public Service (Die Verantwortung liegt bei mir, Verhaltenskodex zur
Korruptionsprävention im öffentlichen Dienst), https://oeffentlicherdienst.gv.at/wp-
content/uploads/2022/12/Verhaltenskodex_zur_Korruptionspraevention_im_oeffentlichen_Dienst.pdf
.
Austrian Government (2023), National Anti-Corruption Strategy (Nationale Anti-
Korruptionsstrategie Österreich),
https://www.bmi.gv.at/510/files/Publikation_NAKS_Version_2024.pdf
Austrian Government (2025a), Government Programme (Regierungsprogramm),
https://www.dievolkspartei.at/Download/Regierungsprogramm_2025.pdf.
Austrian Government (2025), written input for the 2025 Rule of Law Report.
Austrian Ministry of Justice (2024), Draft law to amend the data protection law (Gesetzesentwurf mit
dem das Datenschutzgesetz geändert wird),
20
https://www.bmj.gv.at/ministerium/gesetzesentwuerfe/Entw%C3%BCrfe-2024/Bundesgesetz,-mit-
dem-das-Datenschutzgesetz-ge%C3%A4ndert-wird.html .
Austrian Parliament (2013), Incompatibility and Transparency Act (59/2012) (Bundesgesetz über die
Transparenz und Unvereinbarkeiten für oberste Organe und sonstige öffentliche Funktionäre
(Unvereinbarkeits- und Transparenz-Gesetz (Unv-Transparenz-G)).
RIS - Incompatibility and Transparency Act § 0 - Federal law consolidated
Austrian Parliament (2024a), Criminal Procedure Law Amendment Act 2024 (4125/A)
https://www.parlament.gv.at/gegenstand/XXVII/A/4125?selectedStage=101.
Austrian Parliament (2024b), Mobile phone evaluation: Legislative package passes Justice Committee
with votes from ÖVP and Greens (Handyauswertung: Gesetzespaket passiert Justizausschuss mit
Stimmen von ÖVP und Grünen), https://www.parlament.gv.at/aktuelles/pk/jahr_2024/pk0674.
Austrian Parliament (2024c), New in the Constitutional Committee, "Cooling-off phase" for
constitutional judges, RIS, special budget for Statistics Austria (Neu im Verfassungsausschuss,
"Cooling-off-Phase" für Verfassungsrichter:innen, RIS, Sonderbudget für die Statistik Austria),
https://www.parlament.gv.at/aktuelles/pk/jahr_2024/pk0639.
Austrian Parliament (2025), Code of Conduct for Members of the National Council and Members of
the Federal Council (Verhaltensregeln für Abgeordnete des Nationalrates und Mitglieder des
Bundesrates),
https://www.parlament.gv.at/dokument/unterlagen/Verhaltensregeln_und_Praxisleitfaden_fuer_Parla
mentarierInnen_NEU_BF.pdf.
Austrian Parliament (2025), written input for the 2025 Rule of Law Report.
Civicus, Monitor tracking civic space – Austria, https://monitor.civicus.org/country/austria/.
Constitutional Court, judgment of 13 December 2023, G 352/2021.
Council of Europe (2025), Supervision of the execution of judgments decisions of the European Court
of Human Rights – 18th Annual Report of the Committee of Ministers – 2024, https://rm.coe.int/gbr-
2001-18e-rapport-annuel-2024/1680b4d77d.
Council of Europe: Consultative Council of European Judges (2016), Opinion No. 19 on the role of
court presidents.
Council of Europe: Committee of Ministers (2000), Recommendation CM/Rec(2000)19 of the
Committee of Ministers of the Council of Europe to Member States on the Role of Public Prosecution
in the Criminal Justice System.
Council of Europe: Committee of Ministers (2010), Recommendation CM/Rec(2010)12 of the
Committee of Ministers of the Council of Europe to member states on judges: independence,
efficiency and responsibilities.
Council of Europe, Platform to promote the protection of journalism and safety of journalists –
Austria, https://fom.coe.int/en/pays/detail/11709480.
Council of Europe: Venice Commission (2010), Report on European Standards as regards the
Independence of the Judicial System: Part II - the Prosecution Service, (CDLAD(2010)040- e).
Council of Europe: Venice Commission (2022), Bulgaria - Opinion on the draft amendments to the
Criminal Procedure Code and the Judicial System Act, (CDL-AD(2022)032).
Court of Justice of the European Union, judgement of 20 April 2021, Repubblika v Il-Prim Ministru,
C-896/19, ECLI:EU:C:2021:311.
Der Standard (2025), Everyone is in favor, so where is the live broadcast of U committees? (Alle sind
dafür, also: Wo bleibt die Liveübertragung von U-Ausschüssen?)
https://www.derstandard.at/story/3000000271633/alle-sind-dafuer-also-wo-bleibt-die-
liveuebertragung-von-u-ausschuessen?ref=rss.
21
Directorate-General for Communication (2025), Flash Eurobarometer 557 on businesses’ attitudes
towards corruption in the EU.
Directorate-General for Communication (2025), Special Eurobarometer 561 on citizens’ attitudes
towards corruption in the EU.
Economic and Corruption Public Prosecutor’s office (WKStA) (2025), Annual media briefing
(Jahresmediengespräch) 2025,
https://www.justiz.gv.at/file/2c92fd159538a32f0195b82e49583a84.de.0/Presseinformation%20WKSt
A%20Jahresmediengespr%C3%A4ch%202025.pdf.
European Centre for Press and Media Freedom, Mapping Media Freedom, Austria country profile,
https://www.mappingmediafreedom.org/.
European Commission (2020), 2020 Rule of Law Report, Country Chapter on the rule of law situation
in Austria.
European Commission (2022), 2022 Rule of Law Report, Country Chapter on the rule of law situation
in Austria.
European Commission (2023), 2023 Rule of Law Report, Country Chapter on the rule of law situation
in Austria.
European Commission (2023), 2023 EU Justice Scoreboard.
European Commission (2024), 2024 EU Justice Scoreboard
European Commission (2024), 2024 Rule of Law Report, Country Chapter on the rule of law situation
in Austria.
European Commission (2024), 2023 Single Market and Competitiveness Scoreboard, https://single-
market-scoreboard.ec.europa.eu/countries/austria_en.
European Commission (2025), 2025 EU Justice Scoreboard.
European Court of Human Rights, judgment of 22 June 2021, Pagitsch GMBH v. Austria, 56387/17.
European Implementation Network (2025), written input for the 2025 Rule of Law Report.
Falter (2025), “There is no need for a politician holding his hand over things” („Es braucht keinen
Politiker, der seine Hand drüber hält”), https://www.falter.at/zeitung/20250213/es-braucht-keinen-
politiker-der-seine-hand-drueber-haelt.
European Public Prosecutor’s Office (2025), 2024 Annual Report.
European Public Prosecutor (EPPO) (2025), Statement regarding amendments to the Austrian Law on
criminal procedure, https://www.eppo.europa.eu/en/media/news/statement-regarding-amendments-to-
austrian-law-criminal-procedure.
Federal Constitutional Act, Federal Law Gazette Act and Others, Amendment (4099/A).
Global Alliance of National Human Rights Institutions (GANHRI) (2022), Report and
Recommendations of the Virtual Session of the Sub-Committee on Accreditation, 14-25 March 2022,
https://ganhri.org/wp-content/uploads/2022/04/SCA-Report-March-2022_EN.pdf.
GRECO (2023), Fourth Evaluation Round – Second Compliance Report on Austria on corruption
prevention in respect of members of parliament, judges and prosecutors.
GRECO (2023), Fifth Evaluation Round, Evaluation Report on Preventing corruption and promoting
integrity in central governments (top executive functions) and law enforcement agencies.
GRECO (2025), Fifth Evaluation Round, Compliance Report on Preventing corruption and
promoting integrity in central governments (top executive functions) and law enforcement agencies.
Investigative Commission (2024), Final Report (Abschlussbericht),
https://www.bmj.gv.at/dam/jcr:2ddf4686-7929-4f30-9849-
22
0d599a2dba9d/ABSCHLUSSBERICHT_MIT_SCHW%C3%84RZUNGEN_FINALE_VERSION.pd
f.
Land Tyrol (2025), Guideline of the Federal State Government for the appointments to the posts of
the president and vice-president of the regional administrative court of Tyrol (Richtlinie der
Landesregierung für die Besetzung der Präsidentin/des Präsidenten und der Vizepräsidentin/des
Vizepräsidenten des Landesverwaltungsgerichts Tirol), https://www.lvwg-
tirol.gv.at/fileadmin/bilder/Richtlinie_der_Landesregierung_fuer.pdf.
Judges’ Association and Public Sector Union – Judges and Prosecutors (2024), Judges’ demands for
the future federal government (Forderungen der Richter:innen an die künftige Bundesregierung),
https://richter-
staatsanwaelte.goed.at/fileadmin/BV23/2024_Richterliches_Forderungspapier_Bundesregierung.pdf.
Judges’ Association (2025), additional written input for the 2025 Rule of Law Report.
Ministry of Finance (2025), The budget in data and figures for the year 2025 (Das Budget in Daten
und Zahlen für das Jahr 2025),
https://service.bmf.gv.at/Budget/Budgets/VBB/de/2025/Home/Index?showTable=false.
Ministry of Justice (2025a), additional written input for the 2025 Rule of Law Report.
Ministry of Justice (2025b), Report on Instructions (Weisungsbericht) 2023,
https://www.bmj.gv.at/dam/jcr:034f129f-3ecb-475b-bc10-f1c238db1f2c/Weisungsbericht_2023.pdf.
Ombudsman Board (2025), Report of the Ombudsman Board to the National Council and the Federal
Council 2024 – Control of the Public Administration (Bericht der Volksanwaltschaft an den
Nationalrat und an den Bundesrat 2024 – Kontrolle der öffentlichen Verwaltung),
https://volksanwaltschaft.gv.at/downloads/248ij/Parlamentsbericht%202024%20-
%20Kontrolle%20der%20%C3%B6ffentlichen%20Verwaltung.%20Verwaltung_2024%20bf.
Transparency International Austria (2022), Lobbying rules of the game for politics (Lobbying
Spielregeln für Politik), https://ti-austria.at/2022/11/02/ti-presseaussendung-lobbying-spielregeln-
fuer-politik/.
Transparency International Austria (2023), Cooling-off is overdue! (Cooling-off ist überfällig!),
https://ti-austria.at/2023/12/01/1-12-2023-pressemitteilung-transparency-cooling-off-ist-
ueberfaellig/.
Transparency International (2025), Corruption Perceptions Index 2024,
https://www.transparency.org/en/cpi/2024.
UN Committee Against Torture (2024), Concluding Observations on Austria, CAT/C/AUT/CO/7,
tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CAT%2FC%2FAUT
%2FCO%2F7&Lang=en.
UN OHCHR (2025), written input for the 2025 Rule of Law Report – Austria.
Weisungsrat (2025), additional written input for the 2025 Rule of Law Report.
23
Annex II: Country visit to Austria
The Commission services held virtual meetings in March 2025 with:
• Amnesty International Austria
• Anti-Corruption Citizens’ Initiative
• Association of Administrative Judges
• Association of Judges
• Association of Private Broadcasters
• Association of Prosecutors
• Association of Publishers
• Austrian Economic Chambers
• Bündnis Gemeinnützigkeit
• Central Public Prosecutor’s Office for Combating Economic Crimes and Corruption
• Competition Authority
• Council of Directives
• Court of Audit
• Federal Bar
• Federal Chancellery
• Federal Bureau of Anti-Corruption
• Federal Disciplinary Authority
• Federal Finance Court
• Forum Informationsfreiheit
• Journalists’ Union
• Media Authority (KommAustria)
• Ministry of Arts, Culture, the Civil Service and Sport
• Ministry of Finance
• Ministry of Justice
• Ministry of Labour and the Economy
• Ombudsperson Board
• ORF
• Parliamentary Administration
• Press Council
• Presse Club Concordia
• Regional Administrative Courts
• Senior Prosecutor’s Office Vienna
• Supreme Administrative Court
• Supreme Court
• Transparency International Austria
* The Commission also met the following organisations in a number of horizontal meetings:
• Amnesty International
• Araminta
• Civil Liberties Union for Europe
24
• Civil Society Europe
• European Civic Forum
• European Partnership for Democracy
• European Youth Forum,
• International Commission of Jurists
• International Federation for Human Rights (FIDH)
• JEF Europe
• Philea – Philanthropy Europe Association.
• Transparency International