Ombudswoman Gertrude Brinek
The AOB as a complement to the system of
judicial protection
From the very beginning, the AOB was set up as a complement to
the existing multi-faceted system of judicial protection. And this is
precisely why the AOB is particularly called upon to see people not
only as subject to the law, but holistically as persons and personalities
with their individual worries and problems. And this is also how the
AOB is viewed by the population. One of the results of this is the large
number of requests for help that go beyond the confines of the AOB’s
mandate.
I have been very pleased to note that my task as a mediator between
the population and legislation and law enforcement is seen as a valuable contribution, including in professional circles.
Perceptions about the
work of the justice
system
In seminars and workshops, I have been able to describe what kind
of impression the work of the justice system makes on people. It is my
responsibility to give the experts involved qualified feedback. I can
summarise this with two impressions that were reinforced in the past
year. On one hand, many of the parties involved in a court proceeding
have a huge knowledge deficit about the process and bases for court
rulings. False expectations collide with ununderstandable legalese.
On the other hand, there is the growing feeling that only those cases
are given the proper attention that are reported in the media and that
“minor” cases fall by the wayside.
Improvements in the
area of family law
For the area of family law, I hope that the new regulations about child
custody and the increased inclusion of children’s advocates will be
accepted by the affected families and will contribute to an improvement overall.
There continued to be numerous questions and complaints about
legal guardianship. It remains to be seen whether potential solutions
for this growing social issue can be found in the near future.
Taxation of additional
pensions from
Germany
The recipients of – usually small – additional pensions from Germany
were completely caught off guard. Not only are they facing sometimes
substantial demands for retrospective payment of the tax on pensions
that was introduced in Germany in 2005, but they need assistance
regarding the examination of the pension statements and additional
information on how they should handle these tax liabilities that are
perceived to be “double taxation“. Discussions between the Federal
Ministry of Finance and the German tax authorities are currently ongoing.
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