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Volksanwaltschaft (Austrian
Ombudsman Board)
Austrian Federal Constitution
(excerpt)
Chapter VII. Volksanwaltschaft
Art. 148a
- Everyone can lodge complaint with the Volksanwaltschaft (Austrian
Ombudsman Board) against alleged maladministration by the Bund, including
its activity as a holder of private rights, provided that they are affected
by such maladministration and in so far as they do not or no longer
have recourse to legal remedy. All such complaints must be investigated
by the Volksanwaltschaft. The complainant shall be informed of the investigation's
outcome and what action, if necessary, has been taken.
- The Volksanwaltschaft is ex officio entitled to investigate its suspicions
of maladministration by the Bund including its activity as a holder
of private rights.
- The Volksanwaltschaft also shall cooperate on request in dealing with
petitions and initiatives of citizens lodged with the Nationalrat. Detailed
provisions about this cooperation shall be made by the federal law about
the Standing Orders of the Nationalrat.
1977 - adoption by the Austrian Parliament of the Federal Law concerning
the functions and organisation of the Volksanwaltschaft for a limited
period (1977-1983);1981 - incorporation of these regulations into the
Austrian Federal Constitution (Chapter VII, Art. 148).
- The Volksanwaltschaft is independent in the exercise of its authority.
Art. 148b
- All Bund, Länder und Gemeinde authorities (on federal, state and municipal
level) shall support the Volksanwaltschaft in the performance of its
tasks, allow it inspection of its records, and upon request furnish
the information required. Official secrecy is inoperative in the case
of the Volksanwaltschaft.
- The Volksanwaltschaft must observe official secrecy to the same degree
as the authority whom it has approached in the fulfilment of its tasks.
The Volksanwaltschaft is however bound by the observation of official
secrecy in its reports to the Nationalrat (National Assembly) only in
so far as this is requisite on behalf of the interest of the parties
concerned or of national security.
Art. 148c
The Volksanwaltschaft can issue to the (federal) authorities entrusted
with the Bund's supreme administrative business recommendations on measures
to be taken in or by reason of a particular case. The Volksanwaltschaft
can also issue recommendations to the competent authority in matters of
self-administration or administration by authorities bound by no instructions;
the federal supreme administrative authority has to be informed about
such recommendations. The authority concerned must within a deadline to
be settled by federal law either conform to these recommendations and
inform the Volksanwaltschaft accordingly or state in writing why the recommendations
have not been complied with.
Art. 148d
The Volksanwaltschaft shall annually render the Nationalrat a report
on its activity.
Art. 148e
On application by the Volksanwaltschaft the Constitutional Court pronounces
on the illegality or otherwise of ordinances by a federal authority.
Art. 148f
If differences of opinion arise between the Volksanwaltschaft and the
Federal Government or a Federal Minister on the interpretation of legal
provisions the Constitutional Court on application by the Federal Government
or the Volksanwaltschaft decides the matter in closed proceedings.
Art. 148g
- The Volksanwaltschaft has its office seat in Vienna and consists of
three members, one of whom acts in turn as chairman. The term of office
lasts six years. Reelection of the Volksanwaltschaft's members more
than once is inadmissible.
- Volksanwaltschaft members are elected by the Nationalrat on the basis
of a joint recommendation drawn up by the Main Committee in the presence
of at least half its members. Each of the three parties with the largest
number of votes in the Nationalrat is entitled to nominate one member
for this recommendation. The members of the Volksanwaltschaft render
an affirmation to the Federal President before their assumption of office.
- The Volksanwaltschaft chairmanship rotates annually between the members
in the sequence of the voting strength possessed by the parties who
have nominated them. This sequence remains unchanged during the Volksanwaltschaft's
term of office.
- Should a Volksanwaltschaft member retire prematurely, the party presented
in the Nationalrat who nominated this member shall nominate a new member.
The new election shall pursuant to para. 2 above be operative for the
remaining term of office.
- Volksanwaltschaft members must be eligible for the Nationalrat; during
their service in office they may belong neither to the Federal Government
nor to a Land Government nor to any popular representative body and
they may not practise any other profession.
Art. 148h
- Volksanwaltschaft officials are appointed by the Federal President
on the recommendation and with the countersignature of the Volksanwaltschaft
chairman. The Federal President can however authorize him to appoint
officials in certain categories. Auxiliary personnel is appointed by
the chairman who is to this extent a supreme administrative authority
and exercises these powers in his own right.
- The Bund's service prerogative with regard to Volksanwaltschaft employees
is exercised by the Volksanwaltschaft chairman.
- The Volksanwaltschaft determines its Standing Orders and an allocation
of business that regulates which tasks shall be autonomously performed
by its members. The adoption of the Standing Orders and the allocation
of business requires the unanimous vote of the Volksanwaltschaft's members.
Art. 148i
- The Länder (states) can by Land (state) constitutional law declare
the Volksanwaltschaft competent also in the sphere of the particular
Land's administration. In such case Arts. 148e and 148f shall apply
analogously.
- If Länder create agencies in the sphere of Land administration with
tasks similar to the Volksanwaltschaft, Land constitutional law can
prescribe a provision corresponding to Arts. 148e and 148f above.
Art. 148j
Detailed provisions relating to the implementation of this chapter shall
be made by federal law.
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