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
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