Fundamental Rights Section
2.2
Right to a reasonable duration of proceedings
(Art. 6 of the EHRC; rule-of-law principle; Art. 41 of the
EU Charter, codex for effective administration)
2.2.1
General
The procedural guarantees set out in Art. 6 of the EHRC (European Human Rights Convention) apply to those areas of justice, administration and administrative penalty proceedings in which rulings are to be rendered on civil rights. The AOB follows the judicature of the Constitutional Court of Justice in matters beyond the scope of applicability
of Art. 6 of the EHRC. In light of its decisions there can be no doubt that the permissible
duration of appeal proceedings is limited under constitutional law. The Rule of law is simply inefficient if appeals are left unprocessed for years.
Furthermore, the AOB are of the opinion that the fundamental rights developed vis-à-vis
the European Union Administration in accordance with the Charter of Fundamental
Rights in the European Union and the Codex for effective administration should be
taken into consideration in national practice as well.
2.2.2
Individual cases
2.2.2.1
Court proceedings (VA BD/759-J/02, BD/234-J/03, BD/367-J/03)
The entitlement guaranteed in Art. 6 Par. 1 of the EHRC to be heard “within a reasonable
period of time” by a court which is to rule on claims under civil law or on the validity of a
charge under criminal law, is the basis at all courts (irrespective of the instance on which
they are to rule) for grievances to the AOB.
2.2.2.2
Dragging out appeal proceedings (VA BD/76-V/00)
By virtue of a ruling dated December 16, 1989, it was determined that Mr. F was entitled
to a precise, established salary. However, the appeal filed via a letter dated January 9,
1990 was not ruled upon by the personnel office set up by the board of the Austrian Post
Office AG Corp. until it issued a ruling dated December 19, 2002 and only following massive intervention on the part of the AOB. Thus, these appeal proceedings lasted almost
13 years.
The permissible duration of appeal proceedings is limited under constitutional law, especially since in view of the requisite effectiveness of legal protection, it is counterproductive
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