In 2009, 756 complaints about the justice system were made to the
responsible Ombudsperson Gertrude Brinek. 20% of all investigations were in this area. The decline in comparison to the previous
years (2008: 927) is due on one hand to certain legislative reforms.
On the other hand, the ombudsman institutions that were created in
the justice sector in 2007 have been undertaking part of the internal
monitoring of the administration of the judiciary. The AOB is responsible for monitoring the administration of the judiciary, the offices
of the Public Prosecutors, the penal system and the investigation of
procedural delays. A large part of the complaints in 2009, however, also involved cases relative to independent adjudication by the
courts which does not fall into the mandate of the AOB.
The justice system,
Ombudsperson Terezija Stoisits recorded 474 complaints in the
reporting period from the internal security sector; this means that
12 percent of all investigations were in this sector. In comparison
to the previous year, the number of complaints decreased by 9%
(2008: 503). However, the rise in the number of complaints relative
to alien and asylum law continued in 2009. The complaints did not
apply exclusively to the Federal Ministry of the Interior and its subordinate authorities. A third of the complaints concerned the Asylum
Court, respectively, the Independent Federal Asylum Board. The parties affected objected primarily to the long duration of their appeals
proceedings.
Internal affairs, a
Completed Investigative Proceedings
within the Federal Administration
No case of maladministration on the part of the
authorities
2009
2008
3,664
3,798
641
689
1,076
1,206
Complaints outside the mandate of the AOB
890
1,093
Complaints retracted
490
663
6,761
7,449
Maladministration on the part of the authorities
Investigative proceeding inadmissible
(administrative proceeding still ongoing)
TOTAL
an investigative
focal point
perennial issue
9