Fundamental Rights Section responsibility and thus refused to carry out a decision in the matter. This violates the constitutionally guaranteed right of the plaintiffs to proceedings before the statutory judge (Art. 83 para. 2 B-VG). These massive misgivings, which extend into the constitutional sphere, also prompt the Ombudsman Board, notwithstanding the petition submitted against the official notification, to recommend to the Municipal Council of the Municipality of Ilztal, to rescind the decision dated November 24, 2003 pursuant to Sect. 68 para. 2 AVG 1991 and to submit the petition of the plaintiff dated November 29, 2002 for handling. The fact that the plaintiffs have a legal right to this, results from Sect. 41 para. 6 Stmk. BauG 1995. In view of the fact that the misgivings in this case were submitted to the Municipal Council of the Municipality of Ilztal in an open appeal procedure, it is also recommended to compensate the plaintiff for the costs of submitting the petition. The Municipality of Ilztal could not manage to agree to this last recommendation. However, it did – as urged by the Ombudsman Board – call a building hearing. During the course of this hearing, a noise measurement also took place. Its result prompted the siren to be switched off and subsequently dismantled. 2.5 Freedom of movement and residence, freedom of access and emigration (Arts. 4 and 6 StGG Staatsgrundgesetz - Basic Law, Arts. 2, 3 and 4 of the fourth Additional Protocol of the European Convention on Human Rights) 2.5.1 No passport or photo identification card for stateless persons (VA BD/225-I/06, 326-I/06, NÖ/689-POL/06; BMI-LR2240/0198II/3/2006) Several complainants turned to the Ombudsman Board indicating that although residing legally in Austria they did not have the possibility to obtain an aliens' passport or a photo identification. These cases did not only concern immigrants or refugees whose citizenship was unclear or who were stateless, but also former Austrian citizens who lost their Austrian citizenship, for example by joining the French Foreign Legion. The complaints focused mainly on the need for a photo identification card, since such identification is required both by governmental authorities and private individuals, e.g. employers. On the one hand, the persons concerned may even not have the possibility to pick up 51