The government of Austria is set to take legal action against its own environment minister after she voted in favour of the Nature Restoration Law (NRL) apparently without following proper legal procedure.
The vote of Minister Leonore Gewessler was instrumental in allowing the Nature Restoration Law (NRL) to be adopted by the Council of the EU yesterday (Monday, June 17).
Without her vote, the law would not have reached the required qualified majority of 20 member states and 65% of the EU’s population.
However, the move by Gewessler’s was apparently not done by proper procedures under the Austrian constitution.
Her move has caused huge controversy in Austria, especially within the fragile government coalition between the Green Party and the Austrian People’s Party.
The Austrian People’s Party has said it will take legal action against Gewessler. However, it is understood that the party will also consider taking legal action at a European level with the aim of nullifying her vote in the council.
What impact such action will have, if any at all, on the implementation of the Nature Restoration Law, remains to be seen.
Speaking after Gewessler’s vote, Austrian chancellor (prime minister) Karl Nehammer said: “Ideology can never be above the constitution. The minister has violated the law, which will have consequences.”
However, with an election in Austria set for September 29, it is understood that the current government will remain in place, despite the disagreement, with Nehammer saying he wants to avoid “chaos”.
“We will fight this breach of law and trust. It is no small matter,” the chancellor added.
Meanwhile, Christian Stocker, the secretary general of the Austrian People’s Party, said: “The party is filing a criminal complaint against Environment Minister Gewessler for abuse of office.
“There is a suspicion that by agreeing to the [NRL], Leonore Gewessler is acting unlawfully and knowingly against…the constitution,” Stocker added.
He commented: “The end does not justify the means: Leonore Gewessler places herself above the constitution because she cannot reconcile acting in accordance with the law with her green ideology.”