Disputed custody
proceedings
Building law
The investigative proceedings involving building law that is executed
within the purview of the municipality have again shown that builders accept deviations from their building permit in the management
of their construction. Furthermore, the building authorities often do
not take steps against these deviations with the proper swiftness or
the proper means. It seems that people are not sufficiently aware of
the fact that improper execution of development and planning law
and of building codes results in infringement of fundamental rights,
of the principle of equality and of the rule-of-law principle.
Zoning
There is also a potential for conflict in zoning proceedings. It is not
only difficult for the individual to comprehend that his or her private
interests must give way to public interests, but there are also complaints about the lack of influence by an individual on the decisionmaking process and its lack of transparency.
proceedings
More cases with
EU relevance
Divested legal
entities
18
In (disputed) custody proceedings, the evaluations performed by
expert witnesses, the duration of the proceedings and the removal
of children to foreign countries was in the centre of criticism.
During the reporting year the importance of EU law in this context
has grown. In a number of cases, there was disharmony between
national and supranational law. In this context, the AOB would like
to point out the permit requirements and the notification obligations
for stair lifts in residential buildings (which differ from State to State)
and the necessity for timely barrier-free design and construction of
public buildings.
The AOB also frequently deals with questions of different structuring
of the tariffs of public utility facilities and in this context the unequal
treatment of senior citizens that can no longer be solely evaluated
in accordance with national laws. It is with great regret that the AOB
has been forced to acknowledge that it has only limited powers to
monitor large sectors of general-interest public services, as these
entities have often been divested and have become private limited
companies or joint stock companies. In these cases, the AOB can
only hope that the companies are willing to provide a statement but
cannot force them to cooperate.