Fundamental Rights Section 2 Fundamental Rights Section 2.1 Fundamental requirements under rule of law as set out in the Federal Constitution (Art. 19 and 129 of the Federal Constitution) 2.1.1 Mandatory refund of costs in administrative court proceedings despite granting of procedural assistance Despite being granted procedural assistance by the Administrative Court of Justice, persons seeking legal protection must refund the legal entity of the authority winning proceedings for regular expenditures in the amount of € 332.00 or – in a case of proceedings in which an oral argument is held before the Administrative Court of Justice – even € 710.00. In view of the fact that not a few persons must support themselves for an entire month on the latter sum, this leads to many financially less fortunate classes of the populace often refraining from asserting their rights before the Administrative Court of Justice because, in order to ensure their livelihood, they cannot take the financial risk they would have to bear, despite being granted procedural assistance. The Administrative Court of Justice proceeds on the assumption of the basic rule-of-law principle that “all acts of state organs must be grounded in the law and, indirectly, finally in the Constitution, and that effective legal-protection facilities exist to ensure this postulation.” However, public-law courts of justice can only fulfil their legal-protection function comprehensively if access to the Administrative and Constitutional Courts of Justice is arranged so that parties in poor financial situations also have the opportunity to assert grievances on rulings decreed on the basis of inadequate judicature and constitutionality. In view of the assertions of the Constitutional Court of Justice on the essence of the ruleof-law principle, it is unjustifiable that legal protection facilities indispensably required under constitutional law which, according to the adjudication, “must have a specific minimum of actual efficiency for legal-protection applicants” can in fact only be claimed by sufficiently affluent persons. 2.1.2 Giving incorrect notice on right of legal recourse (VA BD/321-V/03) In a ruling rendered by the Wiener Neustadt Federal Police Headquarters dated September 23, 2003, the notice on right of legal recourse stating “According to Art. 54c of the VStG, no ordinary right of appeal against this ruling is permissible” was recorded, al- 12