The members of the AOB take stock
When I participated in this year’s “Kirchberger Gespräche” (“Discussions
in Kirchberg”), an events forum for the continuing education of judges, I
was able to show how our judicial system is experienced and evaluated by
citizens: Many people have the feeling – and let us leave it open, whether it
is subjective or objective – that they must helplessly accept decisions “from
above”.
I also deal with specific dire situations in the area of enforcement of the law
on building codes and development and planning law. Due to how our areas
of competence are distributed, this is a major focus of my activity in addition
to issues involving regional and municipal government authorities. It is quite
possible that all over Austria many buildings were built contrary to how they
had originally been approved. It is quite possible that purchasers of houses
only learn of this circumstance after the intervention of building authorities
– sometimes decades later – and then face serious legal and economic
consequences. The authorities who grant approval deem it appropriate to
insist on compliance with the legal norms.
Enforcement by the building authorities to create or restore a status that
complies with applicable law puts many people in a dire situation because
they lack the funds to do so. This is reinforced by the feeling of being treated
unequally when neighbours are apparently not harassed by the authorities.
And it is really bad when we actually find that this is indeed the case. I
can only emphasise again and again that the proverb “Where there is no
plaintiff, there is no judge” leads to an incredible loss of confidence in public
administration and is not viewed as a friendly gesture by the authorities.
In addition to standardisation, practice within the context of a federal
government requires a high degree of information and service so that the
citizens do not lose confidence in a nation governed by the rule of law.
With regard to the question I posed at the beginning about the success of the
AOB, I would like to summarise as follows: With the resources that we have,
we are able to satisfactorily respond to people’s complaints, to process them
to the best of our ability, to address the obvious distortions of the nation
governed by the rule of law and to function as a contemporary and humane
actor who has (almost) no competition in the field of providers of legal
protection.
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