Vienna Challenges EU Renaturation Law in Legal Action, Including Own Minister's Involvement
Contentious legislation, named the Restoration Act, has stirred up quite a commotion. Despite the controversy, a majority of EU Environment ministers have backed this law. The fallout in Austria is significant, with Vienna not only challenging the law but also aiming the green Climate Protection Minister, Leonore Gewessler, who is under scrutiny by the ruling OVP.
The passing of the Restoration Act by the EU Environment ministers has led to a government crisis in Austria. The Conservative Federal Chancellor Karl Nehammer of the OVP, after the yes from Gewessler, announced a nullification lawsuit at the European Court of Justice (ECJ). Nehammer had previously declared this action, should Gewessler vote in favor.
The Viennese Chancellery stated that Gewessler's vote "goes against the nation's will and is therefore not constitutionally valid". The statement further added, "no one is above the law".
Gewessler had previously voted in favor of the Environment ministers and ministers of the European Union for the contentious Restoration Act. This was against the will of the Federal Chancellor. With the law, the EU aims to rectify environmental damage in member states.
The Chancellery's statement mentioned that climate protection is "an important concern", but "the constitution also applies to climate protectors". The decision of the ECJ is yet to be made. "We anticipate that the ECJ will make its decision in due time", ensuring the national implementation of the law "does not have to be carried out prematurely". Previously, the Chancellery had already deemed Gewessler's decision as "unconstitutional".
Additionally, the OVP intends to prosecute Gewessler criminally. OVP General Secretary Christian Stocker announced a complaint for misconduct in office. Through her approval of the Restoration Act, the Minister is suspected of knowingly violating constitutional law, according to the party manager. "Leonore Gewessler puts herself above the constitution, as she cannot align her green ideology with lawful actions", said Stocker.
The OVP claims that Gewessler is bound by an objection from the Austrian federal lands against the EU law. However, Gewessler believes that this veto no longer applies, since Vienna has recently left the federal consensus and supports the law.
