Expectations for the
AOB were initially low
It is remarkable that the concluding provisions of this federal law
contained a provision according to which it became effective as at
1 July 1977 and expired as at 30 June 1983. In other words, this was
only a temporary solution. It was unclear both whether the institution
could actually fulfil the requirements and what level of importance
was attached to it. It was assumed that the AOB would receive not
more than 1,500 complaints annually and that a maximum of 5% of
them would be considered cases of maladministration.
Despite these reservations, the AOB finally convinced the public,
whose attitude had been initially critical, and quickly won trust and
acclaim. Even before its expiration, namely as at 1 August 1981, the
AOB became permanently integrated into the existing constitutional
system and the remaining provisions not requiring a change in the
Constitution were proclaimed anew as the Ombudsman Board Act
(Volksanwaltschaftsgesetz ) 1982.
Create trust
and confidence
This development has a firm basis and – as one can see from the
significant expansion of responsibilities as at 1 July 2012 – it is still
ongoing. Regarding the ex-post control of the public administration
the expectations were clearly exceeded:
Compared to the estimates made in 1977, complaints have
increased more than ten-fold (2011: 16,239).
On average, the affected parties are informed within 49 days
whether the AOB has determined a case of maladministration.
As we have learned from reactions to our work, sometimes the
announcement that the party has contacted or intends to contact
the AOB solves a problem that had previously seemed unsolvable.
Representatives of public authorities know that in any case, they
must render account of the matter to the AOB. The figures regarding
the AOB’s investigative activities presented later in this report back
up these statements with numbers.
As the ex-post control body for the public administration, the AOB
has a function under the rule of law. As an auxiliary institution of Parliament, it is, however, also particularly bound to democratic principles. The intensive, free of charge and largely informal contact with
people serves both of the AOB’s functions and is at the centre of its
day-to-day work.
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