Fundamental Rights Section
ing' of single-language place-name signs was carried out in the presence of, and with the
assistance of, both holders of office.
In decision VfSlg. 12.927/1991, the VfGH determined that:
If the responsible body issues an ordinance, in similar circumstances, which does not in the
least satisfy the legal view presented in the rescinding decision of the Constitutional Court,
it not only burdens the ... ordinance anew with illegality, but also brings itself into the realm
of suspected, deliberate perversion of justice.'
In view of the above described factual and legal situation, the impression was gained by the
Ombudsman Board that the legal views described in the decisions VfSlg. 16.404/2001 and
V 64/05 were not satisfied, despite an unchanged factual situation. As this already represents a grievance in the administration within the meaning of Art. 148a para. 1 first sentence in conjunction with Art. 148i para. 1 first sentence B-VG (Bundesverfassungsgesetz –
Austrian Federal Constitution), with respect to Sect. 87 para. 2 VfGG (Verfassungsgerichtshofgesetz - Constitutional Court Act), the Ombudsman Board decided to initiate an official
investigation procedure in the matter, pursuant to Article 148a para. 2 in conjunction with
Article 148i para. 1 first sentence B-VG.
The District Commissioner of Völkermarkt provided extensive copies of administrative files
and two statements in these proceedings, upon request by the Ombudsman Board.
With respect to the decision V 64/05, the intention of the District Commissioner of Völkermarkt is affirmed to issue a new ordinance, which satisfies the legal view of the Constitutional Court regarding the traffic signs 'place name' and 'end of place', by providing for bilingual place names. However, (so far) this has not yet taken place:
The District Commissioner purportedly prepared an ordinance draft dated March 2, 2006,
which displayed efforts to provide for the Slovenia place name for Bleiburg to be shown as
'Pliberk' and respectively, that for Ebersdorf as 'Drbeša ves', on the basis of a statement by
the Director of the Carinthian State Archive. Subsequently, the ordinance draft containing
the posting of bilingual place names on the B 81 in the area of Bleiburg and Ebersdorf was
communicated by the District Commissioner to the responsible Deputy State Governor,
Gerhard Dörfler, as he had declared an 'approval reservation', with an instruction dated
November 8, 2005, for all ordinance procedures relating to town areas for the entire District
of Völkermarkt'. However, Deputy State Governor, Gerhard Dörfler, has so far not granted
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