CERCLE DIPLOMATIQUE - issue 02/2016

L’AUTRICHE JUSTICE | INTERVIEW
RECHT ALS EXPORTHIT | EXPORTING JUSTICE
4 Auslandsprojekte der österreichischen Justiz | 4 international Austrian justice projects
Albanien | Albania
Euralis IV. Dieses von der EU finanzierte
Grant-Projekt namens „Consolidation of the Justice
System in Albania“, bei dem Österreich als federführender
Partner im Teilbereich Anti-Korruptionspolitik
fungiert, begann im Herbst 2014 und soll Ende
2017 unter Mithilfe der heimischen Experten
Dr. Hans Rathgeb (Landesgericht Salzburg), Mag.
Harald Palzer (Bezirksgericht St. Johann im Pongau)
und des Ex-Sektionschefs Dr. Roland Miklau
abgeschlossen werden.
Euralis IV. Leading Austrian Justice experts help to
implement anti-corruption policies and laws in
Albania.
a few countries – which strive to export
their legal system, in particular the United
Kingdom. Our efforts are focused mainly
on the Balkan States, also due to a historical
tradition, especially the Western Balkans,
but also the former Eastern Bloc, to ensure
that the major investments of our economy
are as easy as possible and more secure.
Griechenland | Greece
E-Justice. Zur Schaffung und Umsetzung moderner
Strukturen im Justizsystem hat Griechenland
Österreich als bevorzugten Partner ausgewählt. Es
geht um die Einführung von EDV-Systemen und
europäischer Standards im Strafvollzug.
E-Justice. Greece has chosen Austria in its efforts to
create and implement modern structures in its justice
system. Austria has delegated Dr. Günter Walchshofer,
the experienced judge of the Fürstenfeld Court, to
Athens where he is overlooking the introduction of
modern E-Justice infrastructures and reforms of
Greece‘s penal systems to European standards.
How is the export of legal certainty carried out in
practice? It‘s not enough to reformulate certain
laws; frequently, a complete new legal culture will
be required?
This is why it is important to assume an active
role in the reform process from the very
beginning in the countries concerned,
otherwise it makes no sense. It has to happen
on a number of levels: first and foremost
at the diplomatic level in accordance
with the Foreign Office. In order to make
the know-how transfer of legal concepts
and models actually work, cooperation at
official level is imperative. Specifically, this
means that we will, for example, send judges
to the respective partner countries, such
as the former district judge of Fürstenfeld,
Dr. Günther Walchhofer, who is now working
in Greece.
Montenegro
Rechtsstaatlichkeit. Ziel dieses EUROL-Projektes
sind die „Stärkung der Unabhängigkeit und
Verantwortlichkeit der Justiz“ sowie der „Kampf
gegen Korruption und organisierte Kriminalität“.
Dazu haben heimische Rechtsexperten einen
strategischen Plan zur Reorganisation und
Systematisierung des dortigen Justizministeriums
ausgearbeitet.
Rule of Law. Austrian experts have delivered a
restructuring plan for the Ministry of Justice of
Montenegro in order to improve its political
independence and fight against corruption and
organized crime.
What exactly does he do there?
He is working closely with the local judiciary
in the implementation of reform projects.
Computer projects, for example. Austria
is quite advanced in the use of the
Electronic File, in which Austria is fairly
advanced and which is relatively easy to apply
in cooperation countries. However, experts
must bring it into effect locally. But it
needs experts there to implement this. It
goes far beyond beyond the exchange of
concepts. Unfortunately, we do not have
enough skilled workers for all the foreign
missions that are requested from us. Such
operations abroad are beneficial for the
further advancement domestically.
What exemplary projects would you highlight
regarding the export of legal certainty?
Hard to say, because all projects, from Albania
to Montenegro to Serbia (see boxes above),
are in fact important. Personally, I find
Georgien | Georgia
Jugendgerichtsgesetze. Innerhalb nur eines
Jahres hat die Österreicherin Mag. Renate Winkler,
Vizepräsidentin der Kinderrechtskommission der
Vereinten Nationen, in engster Zusammenarbeit mit
dem georgischen Justizministerium eines der
modernsten Jugendgerichtsgesetze initiiert und
umgesetzt.
Juvenile Justice. During only one year, Mag.
Renate Winkler, the Austrian Vice President of the
UN Comittee for Juvenile Justice, together with
Georgia‘s Ministry of Justice has succeeded in the
introduction/implementation in one of the most
advanced Juvenile Court Laws.
our involvement in Greece particularly noteworthy.
It is a EU team project, in which
Greece was able to choose a partner from
the European Union – and Austria was chosen.
The Greek judicial system is close to
what one would expect from optimal European
legal standards in many respects. But
in some other areas, for example where land
registry does not work as it should, or regarding
certain process flows and IT infrastructure,
there is room for improvement.
This project is particularly important to me,
because we are not starting from scratch but
rather building on existing structures and
bringing them into shape.
Why do reform countries trust Austrian legal
expertise in particular?
Because we don’t forget to remain humble.
We also have our weak points where we
have to shape up. Perhaps it helps that due
to my work at the University of Vienna, I
have made many legal contacts in countries
such as Poland, where I was able to teach at
the University of Krakow, but also in the
Czech Republic, Hungary or Slovakia. These
assignments abroad showed me that one
can only be successful if one can avoid
being arrogant.
Why has the European continental legal system,
including the Austrian one, taken hold in many
reform countries, rather than the Anglo-American
system?
One reason is owing to the fact of our common
roots. It makes things much easier if
you have a shared cultural heritage. Take
Georgia, for example: when I first went to
Tbilisi, I immediately asked my colleague
there if she knew where Berta von Suttner’s
house, who lived there for several years, was
located. “But of course!” she replied. Then
we visited the house, featuring a nice commemorative
plaque, immediately. It is much
easier to set up legal reform projects with
such reference points of a common history.
Do you have any other example?
The fact that the former Czechoslovakia
and Austria had the same Code of Criminal
Procedure until 1958 was a vital point of reference
for the future vision of joining a
common Europe. It was important that we
pointed out the learning processes that we
had to go through, for example in connection
with the high requirements pertaining
to the Human Rights Convention.
An unusual historical reference point. Would you
not rather refer to the common history during the
monarchy?
Perhaps unusual – but highly effective. I remember
my former work in Brno, where I
gave lectures on human rights. The students
were very interested in this new subject matter.
In the end, there was a written test in
which they had to filter out the passages
from an anonymous but authentic text that
referred to human rights and had to explain
exactly which rights had been infringed. Afterwards,
the students naturally wanted to
know where this text came from. I replied,
“From Vaclav Havel’s prison diary, whom
you just elected president.” Then suddenly
everybody was dead quiet. It was very important
to show what should not happen in
the future EU and what rule of law will be
enforced. A very defining experience. Now
it‘s up to me to put exporting efforts regarding
legal certainty into action, which I am
happily prepared to take care of in the interest
of the Austrian economy.
PHOTOS: RALPH MANFREDA
Justizminister Wolfgang Brandstetter im Gespräch
mit Cercle Diplomatique-Autor Rainer Himmelfreundpointner.
Austrian Minister of Justice Wolfgang Brandstetter
talking to CD‘s author Rainer Himmelfreundpointner.
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Cercle Diplomatique 2/2016
Cercle Diplomatique 2/2016
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