The members of the AOB take stock 2.3 Ombudsman Peter Fichtenbauer The AOB has existed since 1977 and has proven itself extremely well as an institution that monitors public administration. The biggest change in the Constitution with regard to the competencies of the AOB became effective on 1 July 2012 and expanded its previous activities by the important responsibility of preventive protection of human rights. In its traditional range of responsibilities, however, the legislators could not bring themselves to expand its responsibilities, namely, to monitor and control divested entities that are now private companies providing public services. Implementing this recommendation would be consistent, as it would put the AOB on the same footing as the Austrian Court of Auditors, the second major controlling body under the Austrian Constitution. Although there was wide agreement among almost all parties in the National Council, the decision was postponed in negotiations, ultimately to the detriment of all citizens. Personally, I regret this course of action very much and will continue to advocate for this topic. The Austrian Constitution gives the members of the AOB the opportunity to address topics ex officio. When there is the suspicion of maladministration or violations of human rights, the AOB is not limited in its actions to complaints by individuals, which can only be investigated as to content when there is a concern and the proceedings have been concluded. Therefore, important topics with regard to the competent authorities can be addressed and investigated by way of an ex-officio investigative proceeding. All the rights that the AOB has vis-à-vis authorities in individual investigative proceedings, such as being entitled to full support and cooperation by the authorities and access to files, can also be utilised in ex-officio investigative proceedings. During the year under review, I initiated 47 ex-officio investigative proceedings in my area of competence. Often reports in the media are triggers for such investigation, as they sometimes reflect the mood of and criticism by the general public. Naturally, I also often act on relevant suggestions from persons who are not themselves affected by maladministration. My area of competence is diverse and broad, which is why the topics range from inadequate traffic measures to the danger of the insufficient operational readiness of the Federal Army to topics concerning the environment and education. In early summer 2014, construction work on the motorway into Vienna from the west aroused a great deal of attention, as it made life difficult for drivers. The repairs led to annoying traffic congestion in very hot weather. Even though one would not assume that this was a classic case of maladministration, when examined more closely, numerous points of criticism regarding the management of the construction site and police coordination came to light and authorities also saw a need for action. National defence also required a 15

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