Fundamental Rights Section
due to lack of right to defence was rejected, represents a grievance in public administration. In order to eliminate this grievance, the Federal Ministry of Transport, Innovation and
Technology was issued a recommendation to ensure that the official notification subject to
complaint, be officially rescinded, through the application of Article 68 para. 2 AVG 1991
(Allgemeines Verwaltungsverfahrensgesetz 1991 - General Administrative Procedure Act
1991) and the notification dated September 20, 2005, which was delivered to the civil airport keeper, be delivered to the plaintiff, as well as in future cases, to clearly formulate the
notification to the civil airport keeper as an official notification and also deliver this to the
person affected.
With a letter dated July 17, 2006, the Federal Ministry of Transport, Innovation and Technology informed the Ombudsman Board that this recommendation would not be complied
with, because, in its opinion, the wording of Sect. 134a para. 4 LFG did not leave any room
for an interpretation conforming to the constitution, in the sense of the recommendation by
the Ombudsman Board.
The Ombudsman Board is currently carrying out a system audit, within the scope of which it
is to be clarified, in how many cases the reliability examination provided for in Sect. 134a
Aviation Act has resulted in non-issuance/revocation of an airport pass to date. After completing the system audit, the Ombudsman Board intends to issue an invitation to a discussion group, where, with the involvement of the Federal Ministry of Transport, Innovation and
Technology, the Federal Ministry of the Interior and the Federal Chancellery-Constitutional
Service, ways are to be sought for finding a solution which adequately takes into account all
affected interests, which could also form the basis for possible legislative measures.
2.2.2
Non-issuance of an official notification (VA BD/364-V/04)
An employee of Österreichische Post AG applied for officially notified confirmation of his
permanent use as a financial advisor. In its investigation procedure in this context, the Ombudsman Board determined that an officially notified processing of this application had also
still not taken place after nearly ten months.
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