Stoisits: Birth certificate with topographic name in two languages should not be an insurmountable obstacle
Birth certificate with topographic name in two languages should not be an insurmountable obstacle
ORF-Series "Bürgeranwalt" (“Advocate for People”) – Broadcast of July 26th, 2008
Present in the studio for the discussion were Ombudsperson Mag. Terezija STOISITS, a representative of the Federal Ministry of Internal Affairs and also both complainants together with their young son Simon, whose birth certificate gave rise to the complaint.
The parents wanted the topographic name in the birth certificate and other civil status documents in two languages. The General Register Office of Klagenfurt declined this request on the grounds that only "official" topographic names may be used. The Register Office obviously did not take into consideration that pursuant to the applicable Topography Ordinance of Carinthia there is an official topographic name in two languages for Globasnitz/Globasnica. According to the premises of the Register Office itself the mother's place of residence (Globasnitz/Globasnica) should therefore be stated in two languages.
Subsequently, at the core of this legal controversy was the interpretation of the term "names and signs of a topographical nature": Whilst Ombudsperson Stoisits pleaded in favour of a broad interpretation, including also topographic names in public documents, the lawyer for the Federal Ministry of Internal Affairs argued for a restrictive interpretation, according to which it only applies to inscriptions on gateway signs, signposts and similar signs.
The complainant pointed out that in Globasnitz/Globasnica a gateway sign in two languages had been put up a long time ago and that in addition, the bilingualism of the town has been recognized and expressed in various social and cultural activities. It is therefore difficult to accept that this factor cannot be reflected on a birth certificate as well – legally justifiable and even without great expenditure.
The representative of the Federal Ministry of Internal Affairs argued that the complainant could resort to the legal channels and eventually enforce his alleged right to an entry in two languages in the Public Law Courts. These proceedings however, could take several years. It was left to the viewers to make a judgment on this "alternative", which for the complainant would mean lengthy proceedings at great expense – all this for just an administrative triviality from the point of view of the authority, associated with great symbolic significance for members of minorities. Ombudsperson Stoisits therefore appealed to the authority to reconsider its position.
Hotel project in Gmunden – questionable decision of the Antiquities and Monuments Office
In the broadcast on 1 March 2008 Ombudsperson Mag. STOISITS discussed with representatives of the authorities the dedication regulations problems in connection with a large hotel project directly on the lakeside in Gmunden. The Office of the Ombudsperson subsequently remarked in a grievance statement, that the permit by the Antiquities and Monuments Office (BDA) for demolition of the lakeside railway station in Gmunden, pursuant to the listed buildings regulations, also has to be described as grossly flawed and unlawful. The Ombudsperson outlined the following aspects as the key points of criticism.
In 1998 the BDA issued a final decision that an interest pursuant to the listed buildings regulations for retaining the lakeside railway station still existed. This decision was ignored by the BDA. In addition, there were no verified references to a scientific reassessment of the question regarding protection of listed buildings and the questions to the Advisory Council for Listed Buildings, to be consulted before permission, were at best unclear, if not manipulative.
The applicant Borough Council of Gmunden could not establish the legally required preconditions. Initially the BDA also intended to refuse permission. The Office of the Ombudsperson was unable to prove unequivocally whether the Council had changed its position because of intervention letters from various high-ranking politicians. After perusal of the whole file this suspicion however, could not be dismissed completely.
Ombudsperson Stoisits concluded on a positive note, that the Federal Ministry of Education, Arts and Culture was considering reopening the Listed Buildings Procedure and expressed the hope, that the unlawful decision could perhaps be reviewed.
Cross border farm – subsidies without borders an unattainable wish?
The Muster family from southern Styria has a farm situated partially on Austrian and partially on Slovene territory. They receive a subsidy only for the area within Austria. In the broadcast on 22 March 2008 Ombudsperson Stoisits could only express her lack of comprehension that even after accession of Slovenia to the EU and the opening of all borders this particular border should further exist.
During the discussion, the representative of the Federal Ministry of Agriculture, Forestry, Environment and Water Management referred to the EU rules and regulations, but promised to support the family with advice on the establishment of a business in Slovenia. This promise was honoured and in the meantime the family has registered a business also in Slovenia. The complainants still have concerns, as the actual level of subsidies in Slovenia is at present uncertain. The establishment of a business also involved costs that need to be covered.
Ombudsperson Stoisits therefore insisted on her demand, that the Federal Minister should discuss the problem at EU-level and call for solutions. After all, it is conceivable, that there are other people with "cross border" agricultural businesses.
Noise pollution from four nightclubs in Saalfelden
In the broadcast on 12 April 2008 Ombudsperson Stoisits reported about a family in Saalfelden who lives in a tenement house where four nightclubs are situated on the ground floor and is therefore constantly exposed to noise until the early hours of the morning. At that time the District Commissioner of Zell am See promised to take action to improve the situation.
Indeed, after the broadcast a "round table" was held. A neighbour from the office below offered to carry out building works for noise containment. The Office of the District Commissioner arranged the integration of a limiter in the music system of one nightclub and now all four of them have such a noise limiter. The Office also carried out checks and noise level measurements in the flat.
Although the situation has partially improved for all affected persons but it cannot be said to be totally satisfactory. The music is still too loud and complaints have been lodged with the police. Compliance with closing time at four (!) a.m. is not guaranteed and is greatly exceeded and the family is kept awake even early in the morning.
In the opinion of Ombudsperson Stoisits the Office of the District Commissioner must be much stricter in monitoring the required conditions and compliance of closing time.
Scaffolding business storage yard without a permit – residents of adjacent properties now have peace and quiet
A family in Styria bought a house but did not bargain for the business on the opposite side, which had only stored gaming machines, to be replaced with a scaffolding business. The consequences were noise pollution from a scaffolding storage yard, operated without permit, directly opposite the house of the complainants.
"I can vividly imagine the noise from metal being thrown onto metal," stated Ombudsperson Stoisits in the broadcast on 6 October 2007. The reproach is however, addressed to the Office of the District Governor of Deutschlandsberg which, despite complaints of the persons affected, failed to take appropriate steps to improve the situation.
Eventually a solution was found: the Office of the District Governor granted permission for the storage yard for scaffolding poles at the back of the business premises and in addition, hours of operation acceptable to the neighbours were determined. The Office also promised regular checks of these conditions. In their own video, the persons affected documented the situation, which is now to their satisfaction. Together with their two young children they now enjoy a good night's sleep again.