Fundamental Rights Section
tronic device in the complainant’s automobile via which the vehicle’s whereabouts could
be traced using a remote radio tracker.
When the complainant happened to notice the device (mounted on the underside of the
vehicle), he contacted the locally competent provincial police station; but he was unable to
obtain either an explanation or support there. By contrast, the police expressly denied that
the electronic device had been installed as part of security-authority activity and that the
complainant merely had his own personal options of discovering the owner of the device
at his disposal.
The AOB points out as especially deserving of complaint the fact that the security authorities’ investigations in the service of criminal justice are being conducted far too independently, i.e. without the involvement of the prosecuting authorities or the criminal courts. In
view of the circumstances, it is doubtful whether the state prosecutor or investigating
magistrate would have ordered security-authority investigations using technical surveillance equipment if they had been given the results of investigations prior to the commencement of such technical surveillance.
In the AOB’s view, secretly using a location transmitter to monitor the movements of the
complainant’s private vehicle constitutes an infringement of fundamental rights as set out
in Art. 8 of the EHRC; we emphasise that the requisite express legal basis for such an
infringement does not exist.
2.8
Fundamental European Union rights
2.8.1
Art. 18, 38 and 43 of the Charter of Fundamental Rights of the
European Union
2.8.1.1
Non-accreditation of child-upbringing times in an EU member state
(VA BD/413-SV/03)
According to Art. 227a of the General Social Insurance Act and under more closely defined conditions, the time of bringing up one’s one child within the country (up to a maximum of 48 months after the child’s birth) is deemed to be a substitute qualifying period to
be taken into account when assessing for pensions. Bringing up a child within the country
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