The European Commission's 2026 Rule of Law Report on Austria, published on 17 July 2026, finds very high perceived judicial independence but persistent concerns over executive appointments of administrative court presidents without judiciary involvement, stalled reforms on lobbying and MP asset disclosure, and a draft reform for an independent Federal Prosecution Service now under public consultation. The report, a country chapter accompanying the annual EU-wide Rule of Law Communication, notes that 84% of the general public and 76% of companies rate judicial independence as 'fairly or very good' in 2026. However, no progress has been made on involving the judiciary in appointing administrative court (vice-)presidents, with examples including executive appointments of the Supreme Administrative Court President and Vice-President, as well as regional Vice-Presidents in Styria and Upper Austria. The Minister of Justice continues to instruct prosecutors in individual cases; the Council of Directives examined 34 such instructions in 2025. On a positive note, some progress has been made on an independent Federal Prosecution Office: a draft law submitted on 30 June 2026 proposes a collegial body of three Federal Prosecutors elected by Parliament for a six-year non-renewable mandate, subject to parliamentary control but not on ongoing proceedings. The draft is under public consultation until 31 August 2026. No additional judiciary posts have been allocated due to budgetary consolidation, with the judges' association estimating a need for 250 additional posts. Digitalisation advances: 90% of new cases are managed digitally at ordinary courts, and full digital transformation of Supreme Court appeals is planned for 2026. The court fee system lacks a cap, with fees covering 45% of the judiciary's budget in 2025, challenging access to justice. No progress has been made on rules for disclosure of assets and interests for Members of Parliament, with no steps since May 2025 discussions, nor on strengthening the lobbying framework. Significant progress is noted on fair distribution of state advertising via new legislation and government guidelines.
high judicial independence but stalled reforms on judicial appointments, lobbying, and MP asset disclosure, while a key prosecution independence reform is under consultation. Budget constraints and court fees hinder access to justice. The Commission's annual Rule of Law Report aims to monitor and promote the rule of law across EU member states, with the European Parliament and Council expected to discuss the findings in the coming months.