Strasbourg Struggle: Exploring the Ongoing Fight of the Grassers in European Court
Taking it to Strasbourg: Grasser's Next Move
Karl-Heinz Grasser, the ex-finance minister, ain't ready to hang up his legal gloves just yet. The Supreme Court closed the case against him and others back in March, but Grasser's battle against the perceived injustice of his verdict is far from over. He's packing his bags for Strasbourg, ready to confront the European Court of Human Rights (ECtHR).
The First Step: Filling Out the Paperwork
The ECtHR is swamped with cases, so Grasser must act swiftly and efficiently. He's got to fill out a form within four months of the verdict. "It's straightforward, like filing for a school permittie," chuckles constitutional law expert Christoph Bezemek when we chat. But beware, pal, this ain't school: the complaint must be well-prepared and doesn't leave much room for wiggle-room.
Long Wait and Potential Consequences
Once his paperwork's in order, the ECtHR will review the case. If they like what they see, they'll hand it over to a committee or a chamber for a more detailed examination. The process could take years, with Grasser probably doing bird on Rottal Island in the meantime. But if the ECtHR decides that there's been a violation of the right to a fair trial, they could send the case back for a retrial, which means that Grasser and his cronies will have to face the music all over again.
Point of Dispute: Roustabout Judge Hohenecker
So, how does Grasser stand a chance against the powers that be? Not good, says Bezemek, when it comes to the long duration of the proceedings. "The Supreme Court's already acknowledged that the length was unjust and reduced Grasser's sentence accordingly," explains Bezemek. But there's still the question of the impartiality of Marion Hohenecker, the judge who led the trial in Vienna from 2017 to 2020. Grasser's team argues that Hohenecker's husband made snarky remarks about Grasser on Twitter, but the Supreme Court's declared Hohenecker's conduct above board.
Bezemek, though, thinks differently: "The ECtHR is tough on the appearance of bias. It doesn't require any actual effects on the proceedings. The main concern is maintaining the public's trust in an honest judiciary."
History Repeats Itself: A Lesson for Politicians
The case involves the sale of 62,000 federal apartments (the Buwog affair) back in 2004 and charges filed against Grasser, lobbyist Peter Hochegger, and PR consultant Walter Meischberger in 2009. The trial kicked off in 2017, and the final judgment is set to be delivered in 2025. If Grasser gets his way at the ECtHR, many believe it'll set a dangerous precedent, encouraging more politicians to dodge responsibility for misdeeds.
June 15, 2004 – Selling the Buwog apartments for 961 million euros.
October 2009 – Green MP Gabriela Moser files charges against Grasser, Hochegger, and Meischberger.
July 2016 – The Public Prosecutor's Office charges Grasser and others with corruption in the Buwog privatization and the Linz Terminal Tower.
December 12, 2017 – The trial starts at the Vienna Regional Criminal Court with Marion Hohenecker as the presiding judge.
December 4, 2020 – The jury sentences Grasser to eight years, Meischberger to seven, and Hochegger to six.
July 6, 2023 – The Constitutional Court dismisses Grasser's appeal.
March 25, 2025 – The Supreme Court upholds the verdicts in essence but reduces Grasser's sentence to four years.
- Grasser, the former finance minister, is questioning the verdict against him and others, looking to defend himself at the European Court of Human Rights (ECtHR) in 2023, after the Supreme Court's decision in March.
- Christoph Bezemek, a constitutional law expert, likened the form-filling process for the ECtHR to that of filing for a school permit, but warned that the complaint must be carefully prepared.
- If Grasser's paperwork is accepted by the ECtHR, his case may take years to resolve, potentially leading to his imprisonment on Rottal Island in the meantime.
- A key point of debate in Grasser's case is the impartiality of Marion Hohenecker, the judge who presided over the trial in Vienna from 2017 to 2020, as her husband reportedly made mocking remarks about Grasser on Twitter during the trial.
- If Grasser succeeds in his ECtHR appeal, the precedent could embolden other politicians to evade responsibility for their misdeeds, according to some observers. This case dates back to the 2004 sale of 62,000 federal apartments and charges filed against Grasser, Hochegger, and Meischberger in 2009.
