Overview of the AOB
Legal mandate
Constitutionally
guaranteed right to
address AOB
The Federal Constitution provides for a “right to file a complaint
about federal administration” that everyone is entitled to under certain conditions. Without exception, every sovereign administrative
act for which the Federation is responsible, as well as its actions as
holder of private rights, are subject to maladministration monitoring
by the AOB. This corresponds to the AOB’s duty to investigate every
permissible complaint, to review it and to inform those involved of
the result of the investigation, as well as of any measures that may
have been initiated. Furthermore, the AOB is entitled to undertake ex
officio investigations of suspected cases of maladministration. As an
ex-post control body for the public administration, it is also authorised to file petitions to the Austrian Constitutional Court to review the
legality of a regulation issued by a federal agency. From 1988 on, the
AOB has been additionally tasked with helping to handle petitions
and initiatives of citizens’ action groups.
Service function if AOB
is not competent
Due to the fact that the independence of the judiciary is constitutionally guaranteed, court rulings (decisions, judgements or court settlements) are not subject to AOB control and investigation activities.
Nevertheless, many enquiries refer to such court rulings. Even if they
are judged a priori as inadmissible, they are answered and are indicators for topics where there is structural dissatisfaction (e.g. legal
guardianship law, child custody disputes, etc.). In these cases, only
the consequences of such decisions can be discussed with the persons involved. This is a service provided by the AOB.
Matters involving the administration of the judiciary, however, are
within the mandate of the AOB. In the event of a delay by a court in
undertaking a judicial proceeding, the AOB can step in both on the
basis of a complaint and ex officio. These include, for example, the
scheduling or execution of a hearing and/or proceeding, the procurement of expert opinions or the execution of an official copy of a
court decision. In 2008, authorisation was granted to the AOB to file
so-called applications to accelerate proceedings by setting a deadline (Fristsetzungsanträge ), which previously only the party itself was
allowed to do, and to suggest measures to be taken by the super-
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