Fundamental Rights Section a) Initially, the Municipal Council, was not responsible for deciding on the appeal, which was open since 2002. Since the coming into effect of the 8th Lower Austrian Municipal Ordinance amendment on January 1, 2000, the responsibility is allocated to the town council (see Sect. 61 para. 1 Z. 1 Lower Austrian Municipal Ordinance 1973). b) It was also inadmissible to rescind the decision of the Municipal Council again with the official notification of the mayor dated June 21, 2004. Only the Municipal Council is entitled to intervention into the non-appealability of its decision, according to Sect. 68 para. 2 AVG 1991. c) Ultimately, the mayor was not responsible when he allowed the appeal with his official notification dated August 23, 2004 and rescinded his own official notification dated May 28, 2002, without replacement. Article 64a AVG provides that the authority can process the appeal within two months after submission with the authority of first instance, by means of a preliminary appeal decision; after this, the responsibility is transferred to the appeal authority. In this case, the appeal was filed by the plaintiff on May 29, 2002. Therefore, in 2004, no competence existed anymore to amend or rescind the official notification dated May 13, 2002, on the basis of Sect. 64a AVG 1991. In all three cases, N.N.'s entitlement to a lawful judge (Art. 83 para. 2 B-VG - Bundesverfassungsgesetz - Federal Constitution) has been infringed (VfSlg 2007/1951, etc.). The misjudgement of the legal situation therefore afflicts all of the mentioned official notifications with qualified illegality. These should not remain in legal existence. 2. a) In order to return the proceedings to constitutionality, it must initially be decided whether the legal remedy submitted on October 5, 2004 was asserted on time. With respect to the incorrect description as an appeal, reference is made to the decision of the Administrative Supreme Court (Verwaltungsgerichtshof - VwGH) dated April 1, 2004, 2003/20/0438. Late or inadmissible submission applications are to be rejected by the authority which has made the preliminary appeal decision (Sect. 64a para. 3 last sentence AVG 1991). b) Then, the responsible municipal council pursuant Sect. 61 para. 2 no. 1 Lower Austrian Municipal Ordinance must nullify the official notifications of the mayor 46