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- 12

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents