"The federal states are lobbying the government for less power for domestic courts in matters of environmental law. The trigger is the Federal Administrative Court's rejection of the construction of a third runway at Vienna-Schwechat Airport. The decision on whether environmental interests should take precedence over public interests should not be made by judges, reads a letter from Günther Platter, currently chair of the Conference of State Governors, to the Chancellor, Vice-Chancellor and Environment Minister, as quoted by the 'Salzburger Nachrichten' and Ö1's 'Morgenjournal'.

Only democratically legitimised bodies should "determine the further development of the federal government and the states" and are "also responsible for this", writes the Tyrolean state governor, who emphasises that he is also acting on behalf of his eight colleagues. He and the other state governors are specifically calling for a "reorganisation of environmental law within the Environmental Impact Assessment Act", which should include a "fair balancing of interests and value judgements" as well as an "acceleration of approval procedures". After all, "lengthy approval procedures" stand in the way of "an attractive and plannable business location". Therefore, "the additional approval requirements set out in the Environmental Impact Assessment Act should be reconsidered"." <link http: diepresse.com home innenpolitik bundeslaender-wollen-gerichte-in-umweltfragen-entmachten external-link-new-window external link in new>reported diePresse on 19/04/2017.

"Stripping domestic courts of their power in environmental matters, as the state governors are seeking to do in a joint initiative, is 'the wrong approach' and 'an attempt that will and must fail', according to constitutional law expert Heinz Mayer. European law requires that courts, rather than independent administrative bodies, have the final say in all important decisions. Wherever there is a political interest in a decision, there is always the risk that the politically dependent administration will follow those interests rather than the law, Mayer said on Wednesday on ORF Radio's 'Morgenjournal', in response to the state governors' letter to the Chancellor, Vice-Chancellor and Environment Minister calling for decisions on whether environmental interests should take precedence over public interests to no longer be left to judges." writes the <link http: www.tt.com politik external-link-new-window external link in new>Tiroler Tageszeitung.

The state governors' letter has been (and continues to be) critically commented on by many Austrian media outlets:

• ORF: <link http: news.orf.at stories external-link-new-window external link in new>States want to strip courts of power in environmental matters
• ORF (incl. ZIB2 report from 19/04/17): <link http: orf.at stories external-link-new-window external link in new>Criticism "not appropriate" for Drozda
• derStandard: <link http: derstandard.at landeshauptleute-stellen-verwaltungsgerichte-in-frage external-link-new-window external link in new>State governors call administrative courts into question
• diePresse: <link http: diepresse.com home innenpolitik bundeslaender-wollen-gerichte-in-umweltfragen-entmachten external-link-new-window external link in new>Federal states want to strip courts of power in environmental matters
• Ö1: <link http: oe1.orf.at programm external-link-new-window external link in new>Morgenjournal from 19/04/17
• Tiroler Tageszeitung: <link http: www.tt.com politik external-link-new-window external link in new>State governors want to "strip" courts of power in environmental law