ding a visa cannot be fought by way of an appeal, but only by way of
a cost- and time-intensive process through the highest courts. If one
considers the average duration of a proceeding before the highest
courts, it appears evident that in actual practice this path is closed to
many people living in foreign countries.
Place permit law
There are deficits with regard to judicial remedies in the area of plant
permit law as well. For years, the AOB has been pointing out the
problems inherent in the fact that in some parts of the Trade and
Commercial Regulations residents do not have the status of a participating party. The complainants frequently do not even know to
what extent a plant or business can be operated, what inspections
have already been carried out by the authorities and whether subsequent requirements have been stipulated. The legislative recommendations by the AOB in this area have unfortunately not been
addressed and therefore continue to be valid.
No authority
In one investigative proceeding regarding a mobile phone tower on
top of a school building, the Bundesimmobiliengesellschaft – BIG
(the company responsible for the management of real estate used
by government authorities and bodies) refused to give a statement,
noting the lack of authority on the part of the AOB to investigate. Only
after it was pointed out that the management of the BIG had explicitly agreed to cooperate with the AOB was the required information
provided after all.
to investigate
divested legal
entities
In this context, the AOB would like to refer to a longstanding recommendation to align its authority under the law with that of the Court
of Auditors with regard to the monitoring of divested legal entities.
The reason for this is that the authority of the AOB to investigate
has been gradually reduced since 1990 by more than 50 entities
that have been divested. This means the transfer of areas where the
government exercises power over their administration ("Hoheitsverwaltung") and areas that govern private economic activities ("Privatwirtschaftsverwaltung") to legal entities that are set up having the
legal form of companies under private law (e.g. BIG, ASFINAG or
ÖBB). With this broadened mandate of the AOB, the existing gap
relative to monitoring activities would be closed.
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