Fundamental Rights Section 2.3.2 Fee stipulation after 10 years (VA BD/343-V/06) Mr. H. contacted the Ombudsman Board in connection with fee stipulations. The plaintiff submitted official notifications from Austro Control dated February 1/2, 2006, with which fees in the amount of € 790.55 / € 383.27 were imposed on him for the inspection of a specified aircraft, on August 2, August 24 and September 9, 1995/on October 1, 1996. In its recent case law on the rule of law principle, the VfGH (Verfassungsgerichtshof – Austrian Constitutional Court) takes the general view that the principle that 'the legal system must provide adequate and efficient legal protection' (thus literally VfSlg. 14.702/1996) can be deducted from the rule of law principle. The purpose of legal protection devices required under constitutional law ‘is to provide a certain minimum of actual efficiency to persons seeking legal protection’ (cf. in principle, VfSlg. 11.196/1986, 16.772/2002 etc.). In its case law to date, the VfGH has not issued a statement regarding the requirements to be derived from the rule of law principle for the maximum admissible duration of administrative proceedings. However, against the background of the case law outlined above, there can be no doubt that, also in light of the factual efficiency of legal protection provided by the rule of law principle, which aims at the timely maintenance and guarantee of a factual position, the admissible duration of an administrative proceeding is constitutionally limited: If, for constitutional reasons, it is not (even) appropriate to generally burden the party seeking legal protection unilaterally with all consequences of a potentially illegal official decision until his request for legal protection is finally handled, it is even less appropriate to delay the handling of the administrative matter over a period of years and thus entirely negate the constitutional state notion of legal security to the level of legal execution, in the individual case. It must therefore be noted that the constitutional dictate of factual efficiency of legal protection includes a right to legal review within an adequate time period. The adequacy of the duration of proceedings will also need to be assessed according to the circumstances of the individual case, from a constitutional point of view. In doing so, the complexity of the case, from an actual and legal point of view, the behaviour of the party seeking legal protection and the authority in the proceedings and the significance of the matter for the party must be used as a basis for evaluation criteria. In doing so, the legislator is constitutionally obligated to create an authority structure, which can guarantee the handling of administrative proceedings within an adequate period of time. Therefore, regardless of the reasons having caused it (personnel shortage, organisational changes, shifting of responsibilities, 36