Directive (EU) 2016/680, which was transposed into Austrian law by Sections 36 et seq. of the FADP, exempts courts from supervision by supervisory authorities in the course of their judicial activities (Article 45(2)). In addition, member states may also exempt other independent judicial authorities from supervision in the course of their judicial activities.
In the underlying proceedings, in addition to a question of substance, the main issue to be clarified was whether the DPO has supervisory authority over the public prosecutors’ offices.
In the relevant decision (DSBD123.461/0004-DSB/2018 of 16.10.2018), the DPO had stated that, although public prosecutors are organs of the
The Court of Justice has confirmed that the judiciary is not an independent judicial authority due to the fact that the judiciary is bound by instructions.
The BVwG has confirmed this legal opinion (decision of 03.07.2019, GZ W256 2210459-1); this decision is final.