There was criticism of the wording of the question even before the referendum, in which 51.5 percent of Carinthians spoke out against further wind turbines in their state on January 12th.
“In order to protect Carinthia’s nature (including the landscape), should the construction of further wind turbines on mountains and alpine pastures in Carinthia be prohibited by state law?” was written on the ballot paper. The Viennese law firm Onz & Partner suspects that this could be a leading question. The Carinthian Greens had already expressed the same concerns before the referendum.
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“leading questions in a referendum are not permitted,” says lawyer Florian Berl from Onz & Partner. The lawyer also counts several operators of wind power parks among his clients. This could be the case here because there is a connection in the question between the “undoubtedly important nature conservation on the one hand and wind turbines on the other”. Or simply put: “The respondents had to choose: either nature conservation or wind power. That is something that I see as an evaluative question.”
It was also not clear from the question whether a general ban on wind power was being voted on in Carinthia or only on mountains and alpine pastures. The challenge to have the survey declared invalid will be filed next week; a decision is not expected within a year.
Is a ban even possible?
Constitutional expert Peter Bußjäger expresses doubts as to whether a general ban on wind turbines in Carinthia can even be implemented. The Carinthian Constitutional Service – which had not expressed any concerns when the question was asked – also expressed doubts in this regard (after the referendum, mind you). “It is surprising that these concerns are only communicated afterwards,” explained the lawyer. Overall, he thinks it’s a shame “that such a dispute breaks out over such an important instrument.” That is “certainly not in the interest of direct democracy.” There should be comprehensive information before a survey – including whether a ban can also be legally implemented.
The wind power industry is decidedly unimpressed by the results of the Carinthian referendum. The expansion of wind power is about Austria’s energy independence. “No matter where fossil energy comes from, it doesn’t come from Austria,” said IG Windkraft managing director Florian Maringer at a press conference in Vienna. And for the desired independence, further expansion of wind power is essential, not least in view of the continued increase in electricity consumption.
The Russian war against Ukraine shows what dependencies on fossil energies such as gas can cost. Wind power therefore not only serves to provide the location with cheap electricity, but also to ensure prosperity in Austria overall.
Source: Nachrichten
