Tasks

The Ombudsman Board has been independently monitoring and controling Austria’s entire public admini­stration since 1977 by order of the Federal Constitution. It follows up citizens’ complaints, checks the legality of decisions by authorities and examines possible cases of maladministration in the public administration. The Ombudsman Board stands for fair dealings with citizens by the administration and exercises public control to serve the rule of law and democracy.

All people living in Austria can turn to the Ombudsman Board with their concerns. They do not have to be Austrian citizens or of full age. Enterprises, businesses, and societies can also lodge complaints about the public administration with the Ombudsman Board. However, examinations can only be initiated after the administrative proceedings have been concluded and there is no further legal remedy against the grievance.

The ombudspersons can also act on their own if they suspect grievances or irregularities. They can challenge ordinances and issue recommendations. The members also participate in handling the petitions and citizens’ initiatives directed to the National Council.

The examination not only extends to whether the administration is acting in conformity with the law. What also matters is how the authorities deal with the people. The Ombudsman Board makes sure that the administration deals fairly with the citizens which leads to an additional improvement of the quality of the administration.

Through its daily work, the Ombudsman Board knows exactly how laws affect people’s daily lives. For this reason, it not only monitors the implementation of the laws, but points out problematic legal provisions and suggests improvements. It submits an annual report to the National and the Federal Council and reports regularly to those seven provincial parliaments in which it also controls the provincial and municipal authorities.

Competence

The Ombudsman Board’s mandate of examination is broad. It examines the entire public administration, i.e. all authorities, administrative offices, and departments. Whenever citizens have the impression that they are not being treated correctly by an administrative authority, they can turn to the Ombudsman Board. The ombudspersons examine the case, make enquiries on their own, and inform the persons concerned of the result of their efforts.

The Ombudsman Board controls the direct and indirect federal administration. This extends from the financial administration to riparian rights and health matters. While the Ombudsman Board also examines suspected grievances due to the implementation of federal laws, there are also many other cases examined outside the Federal Ministries – for example the social-insurance carriers.

Seven of Austria’s nine provinces have also mandated the Ombudsman Board with monitoring the entire provincial and municipal administration. In the Tyrol and Vorarlberg, there are provincial ombudspersons appointed by the provincial parliaments; in these provinces, the Ombudsman Board only deals with complaints about the federal admini­stration.

The Ombudsman Board is not competent for legal issues and problems resulting between individuals or between individuals and enterprises. Rulings by the independent courts are also not subject to the Ombudsman Board’s examination. The Ombudsman Board cannot act as a lawyer for the complainant.

Main focuses

Problems with pension insurance or complaints in connection with unemployment benefits: most investigative proceedings concern the area of social concerns. Ombudsman Peter Kostelka examines the Federal Ministry of Labour and Social Affairs and all health and pension-insurance carriers as well as the Public Employment Service. In addition, an increase in complaints against youth and social-welfare offices at the provincial level is noticeable.

In the field of justice as well, the interest of the people in clarification by the Ombudsman Board is traditionally high. Although independent court rulings are excluded  from the Board’s control, many people want to obtain information about a judgement that is already absolute. However, Ombudswoman Gertrude Brinek  often follows up complaints about the duration of legal proceedings.

The number of cases in the sector of internal affairs has been going up for years. The increasing complexity of the law relating to aliens is regularly the subject of examinations, but Ombudswoman Terezija Stoisits is also regularly occupied with complaints about the police, passport matters, citizenship, and questions relating to civilian service.

Legislative Recommendations

Through its daily work, the Ombudsman Board knows exactly how laws affect people’s daily lives. Often, the ombudspersons ascertain from an individual case that structural problems are hidden behind it. As an example, it can turn out that a law is not formulated clearly enough or has a discriminatory effect. The Ombudsman Board as an independent controlling body therefore regularly makes suggestions to the federal and provincial legislator for changes in laws.

The experience that the members of the Ombudsman Board gain through their daily activity is, however, also important for current legislative reforms. They regularly comment on planned federal or provincial laws.

LEGAL BASES

In July 1981, the Federal Constitution was changed and the rules about the Austrian Ombudsman Board became a permanent part of the Austrian Constitution. You can download Chapter Eight of the Austrian Federal Constitution and the Federal Law on the Austrian Ombudsman Board.