contact with the AOB must be easy Austria-wide, including for those
who are unable to present their matter of concern in a formalised
manner. This is why there is a cost-free service number to contact
the AOB. The consultation days in – and particularly outside of –
Vienna make it easier for all those who would like to present their
matter of concern in person. Despite the new responsibilities, this
opportunity will not be curtailed in future but will be retained.
AOB enables easier
access to justice
From the very beginning, the AOB has had the role of a “compensator” in the complex administrative system. It was not conceived as
an alternative but as a complement to the system of traditional legal
protection before the courts under public law. Effective enforcement
possibilities of entitlements under the law, access to institutions,
support in the enforcement of legal rights, as well as the availability of opportunities to attain legally binding decisions are absolutely
essential, particularly in the area of protection against discrimination. But there are also other areas of action: For example, the competence of the AOB extends to the so-called public administration
authorities acting as entities under private law, where neither the
Constitutional Court nor the Administrative Court have any competence. Furthermore, the possibility of intervention by the AOB vis-àvis local and regional authorities, which participate in legal relations
as holders of private rights and carry out public grants and subsidies, closes a gap. However, even in these cases, the principle of
an “equality of arms” is realised with regard to form only. Civil law
proceedings that do entail costs are the sole possibility in the case of
informal rejections or inactivity or against inconsistent action. Therefore, the AOB often acts to avoid court proceedings.
Independence creates
obligation to maintain
objectivity
In order to be able to pursue these objectives appropriately, the AOB
was granted independence under constitutional law. This protects
the AOB against any kind of partisan influence – including but not
limited to the political arena. The responsibility for the correspondingly objective fulfilment of its tasks is derived from this independence.
The independence of the members of the AOB is embodied in the
organisational provisions regarding distribution of tasks and its rules
of procedure.
Remedy of maladministration
To the extent that a joint resolution (as a Board) is not required, the
three members handle the matters that have been allocated to them
in accordance with the distribution of tasks independently. If, after
reviewing a complaint, the entire Board decides that this is a case of
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