Fundamental Rights Section
approval. According to media reports, he is purported to have justified this with the draft
being based on an 'incorrect VfGH decision' (see: 'Abschiedsgeschenk die Verordnung' in
'Die Presse' dated March 7, 2006; ‘Zweisprachige Ortstafeln verordnet’ ('Order for bilingual
town signs issued') in 'Der Standard' dated March 8, 2006).
In light of this situation, the majority of the Ombudsman Board (against: Ombudsman Mag.
Stadler) felt compelled to bring about a constitutionally conform legal situation with the
VfGH by submitting an application for rescission to the VfGH
1)
regarding the place names, 'St. Kanzian' in Sect. 1 Section B) points 1, 3, 4 and 5 of
the ordinance by the Völkermarkt district administration dated May 12, 2005 in respect of traffic restrictions for the L116 St. Kanzianer Strasse, and
2)
the place names, 'Ebersdorf' in Section B), point 3 category 'In the direction of
Lavamünd', lit. a and b and category 'In the direction of Sittersdorf', lit. c and d of Article 1 of the ordinance by the Völkermarkt Regional Administrative Authority dated
July 15, 1982 in the version of the ordinance dated February 7, 2006, and
3)
the place names, 'Bleiburg' in Section B), point 3 category 'In the direction of
Lavamünd', lit. c and d and category 'In the direction of Sittersdorf', lit. a and b of Article 1 of the ordinance by the Völkermarkt Regional Administrative Authority dated
July 15, 1982, in the version of the ordinance dated February 7, 2006,
in each case, due to illegality as a result of the contravention of Article 7 point 3 second
sentence of the Vienna State Treaty.
With the decision announced on June 26, 2006, the VfGH determined the illegality of the
'place-name sign relocations' and by the power of its previous case law, rescinded the respective sections of the ordinance regarding the place-name descriptions of 'Bleiburg' and
'Ebersdorf', without setting a further deadline. With respect to 'St. Kanzian', the application
was rejected with the reasoning that in light of the 1991 and 2001 census, this locality is not
to be regarded as an administrative district any longer, with a mixed population within the
meaning of Art. 7 point 3 of the Vienna State Treaty.
27
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