In the autumn of 2004, still unknown to most Austrians, Gastinger was nominated by Jörg Haider, the governor of Carinthia, and his Freedom Party of Austria (FPÖ), as successor to , the Minister of Justice who had just stepped down.
In the fall of 2004, Gastinger was chosen by Jörg Haider, the governor of Carinthia, and his Freedom Party of Austria (FPÖ) to replace , the previous Minister of Justice who had resigned.