Legal Fundaments: Austria

 

LAW ON THE CONSTITUTION OF LAND VORARLBERG

Article 57
Appointment and Functions of a Landesvolksanwalt
(Land Commissioner for Complaints from the Public) 

  1. The Landtag (Land legislature) will appoint a Landesvolksanwalt to advise its citizens and to investigate their complaints. The Landesvolksanwalt shall be independent in the exercise of his office.
  2. Anyone can seek information from the Landesvolksanwalt respecting the Land's administration and present proposals relating to the Land's legislation and administration.
  3. Anyone can lodge complaint with the Landesvolksanwalt against alleged maladministration by the Land 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 Landesvolksanwalt. The complainant shall be informed of the investigation's outcome.
  4. The Landesvolksanwalt is ex officio entitled to investigate suspicions on his part of maladministration by the Land.
  5. The Landesvolksanwalt will pass to the appropriate authorities the proposals put to him and those complaints whose investigation lies outside his competence. He may annex his observations to this communication.
  6. The Landesvolksanwalt will render the Landtag annually a report on his activities.

Article 58
Recommendations by the Landesvolksanwalt
Support for His Activities,
Appeal to the Constitutional Court

  1. The Landesvolksanwalt can make recommendations to the highest authority entitled to issue instructions within the branch of the Land administration investigated by reason of a particular case. This authority must within two months meet the recommendations or show cause why they have not, or have not punctually, been fulfilled.
  2. The Constitutional Court will on application by the Landesvolksanwalt decide on the illegality of ordinances promulgated within the Land administration.
  3. If differences arise between the Landesvolksanwalt and the Land Government on the competence of the Landesvolksanwalt, the Constitutional Court will on application by the Land Government or the Landesvolksanwalt decide the matter in closed proceedings.
  4. All Bund (Federal), Land, and Gemeinde (commune) authorities shall support the Landesvolksanwalt within the scope of their obligation to render official aid, afford him access to records, and on request give him the requisite information. The duty to observe official secrecy is inoperative in the case of the Landesvolksanwalt. The maintenance of official secrecy is incumbent on the Landesvolksanwalt to the same extent as it is on the authority whom he has approached.

Article 59
Election and Term of Office of the Landesvolksanwalt,
Incompatibilities, Place and Conduct of Business

  1. The Landesvolksanwalt is elected by the Landtag with a majority of three quarters of the votes cast. The term of office lasts six years. Reelection is admissible once only.
  2. If the Landesvolksanwalt is impeded longer than one month from the discharge of his responsibilities, the Landtag elects for the period of his impediment a deputy. If the impediment lasts longer than three months or if the appointment is continuously in abeyance, a new election will take place without delay.
  3. The Landesvolksanwalt must be eligible for the Landtag. During his term of office the Landesvolksanwalt may belong neither to the Federal Government nor to a Land Government nor to any popular representative body nor may he act as Bürgermeister (mayor). He may likewise not practise any other profession.
  4. The Land will furnish the Landesvolksanwalt with the means requisite for his activities as well as for the necessary staff and material outlay.

LAW OF THE OMBUDSMAN OF VORARLBERG/AUSTRIA

LAW ON THE CONSTITUTION OF LAND VORARLBERG

Published in the Land Vorarlberg Law Gazette on 31 May 1984 (No 30/1984)

LAW ON THE LANDESVOLKSANWALT

Published in the Land Vorarlberg Law Gazette on 31 May 1985 (No Z9/1985)

Amendments to the LAW ON THE LANDESVOLKSANWALT

Published in the Land Vorarlberg Law Gazette on 10 March 1987 (No 14/1987 - § 6a)
Published in the Land Vorarlberg Law Gazette on 15 January 1998 (No 7/1998 - § 9)