Disagreement between ruling parties over the post of head of the BWB

The two ruling parties ÖVP and the Greens have not agreed for months who should head the Federal Competition Authority (BWB) in the future. Before the summer, the Greens opposed first-place ÖVP candidate Michael Sachs because he didn’t meet the requirements. A report commissioned by Labor and Economy Minister Martin Kocher (ÖVP) now comes to the conclusion that Sachs is suitable, according to the APA’s economics department.

“The testing procedure has already been completed and the results have been sent to the government coordination. Testing by an independent international expert showed that the appointment requirements under the Competition Law were met in the bidding process,” the Kocher Ministry said on APA request.

non-public content

The report was written by German lawyer Torsten Körber, a professor at the University of Cologne. The report itself is not released by the Ministry of Economic Affairs. It is coordinated by the government, whose content is not public, according to an APA spokeswoman.

At the heart of the dispute between the ÖVP and the Greens is the question of whether the four-person judging committee, which gave Sachs one point more than acting BWB boss Natalie Harsdorf-Borsch, worked correctly. Sachs, vice president of the Federal Administrative Court (BvWG), is considered politically well-connected, was a member of the Wolfgang Bowl (ÖVP) cabinet. Harsdorf-Borsch, on the other hand, is considered an expert with great experience but is less well connected politically.

high importance

The Greens turned down Sachs’ approval by the ÖVP in the Council of Ministers after a report commissioned by the Greens concluded that Sachs did not meet the requirements for the post. The position requires professional experience in antitrust law. Administrative court judges who have to deal with antitrust regulations in individual cases have not met the requirements, according to the report.

Evaluation committees in accordance with the Procurement Law are of great importance when it comes to the allocation of positions in the public sector, as the current case on the occupation of the tax office in Braunau shows.

background

Former ÖBAG boss Thomas Schmid, who belonged to the ÖVP’s inner circle under Sebastian Kurz and unpacked this summer at the Office of the Economic and Corruption Prosecutor (WKStA), said in his interview with Braunau’s tax office: “In my opinion, the right belongs Composition of the evaluation committee to influence the filling of the function”.

In the case of the BWB, the review committee had to be reassembled in the spring because one member was biased.