Stoisits: Re-Examination

S31 Burgenland Highway

The Burgenland Highway S 31 was supposed to be extended from Eisenstadt Ost to Schützen am Gebirge to unburden the municipality of Schützen. The citizen’s initiative “Stop S31“ however, was against the construction at the expense of 60 million euros. They suspected that the construction would only pave the way to the unwelcome further extension up to Neusiedl.

However the inhabitants of Schützen are complaining that the traffic is already far too heavy and that the quality of living has drastically been reduced – a bypass would improve the unbearable situation.

The Ministry for Transport arranged to have this section of the road taken out of the Federal Road Act’s register in April 2010. ASFINAG (the company that manages and operates Austrian highways and roads) withdrew its application for the environmental impact assessment proceedings. The S 31 will therfore not be extended. Plans for a smaller bypass financed by the state already exist. „The protests of the citizens were justified and successful. In this victory reason prevailed, said Ombudswoman Stoisits and was pleased with the result.

Augartenspitz

A new concert hall for the famous Viennese choirboys was planned to be built at the Augartenspitz. But for a long time, protests against this construction have been loud and clear: public property would be obstructed, whereas the green area should be preserved. The association „Friends of Augarten“ is advocating against the construction and besieging the area both inside and outside Augarten. Twice, the protesters were dispersed.

The Augarten is classified under the Monument Protection Act, but 30 % of it is building area: the so-called Augartenspitz. The notification is legally binding, as well as the building permit – but nothing has been built yet. The association is still besieging the area in front of Augarten however the concert hall will be built – with some delay.

„The deficiencies determined by the Austrian Ombudsman Board are not ground enough to justify a repeal. This permanent demonstration is a sign of dedicated citizen’s “, says Stoisits supporting the association. „We do not know what will happen with the construction and the protests. But the discussions with the Federal Monuments Office were very fruitful and in the future, proceedings like this one will be more transparent.“

Free kindergarten

Many parents from Lower Austria whose children attend a Viennese kindergarten turned to the Austrian Ombudsman Board because they have to pay for the last year of kindergarten in Vienna, although the last year should be free of charge for all the children. Conversely, the city of Vienna pays for Viennese children in Lower Austrian kindergartens. Vienna and Lower Austria are the only two States not to have reached any agreement.

After discussions between those two States, money is being refunded in justified individual cases, but there is still no general solution for the next kindergarten year. „The State of Lower Austria receives money for each child but still, the families have to pay for the last year of kindergarten“, said Stoisits and criticized Lower Austria. At least the solution for individual cases is a small success.

Open school instead of an after school care center

In a Viennese primary school the after school care center was converted into an open school. Parents complained about massive changes for the worse concerning care: The ratio used to be five to eight children per caregiver, now it is 1:20. Furthermore, the personnel is poorly and too quickly trained. The costs are the same as before.

The headmaster of the school explained that these changes were necessary to be able to care for more children. Ombudswoman Stoisits reported about further complaints of parents about the quality of care and spatial deficiencies. „One of the critical points is that the municipality of Vienna did not give any information, nor did she answer concrete questions“, said Stoisits criticizing the municipality. „The Viennese have voted for an area-wide full-time school in February, but especially in this area, the Austrian Ombudsman Board constantly deals with massive critique concerning the quality offered.“

Residence permit for foster-child Samira

The mother of Samira, a Macedonian, did not feel able to care for her child. The father did not want Samira so the girl was placed in the care of foster-parents. In no time she felt very much at home with her new family however, by the end of July 2008, the residence permit expired and was not prolonged. The foster-parents had to deal with complicated visits to the authorities and did not receive any family allowance either. The Austrian Ombudsman Board criticized the lack of cooperation between the MA 11 (Office for Youth and Family) and the MA 35 (Immigration, Citizenship and Register Office). In November 2009, the family applied for prolonging the residence permit and again, despite the Austrian Ombudsman Board having pointed out certain problems in the previous proceedings, the family was again confronted with problems.

The MA 35 requested again some documents from the foster-parents that were actually not needed since the child protective service is the legal representative of Samira. Both authorities finally installed a mutual „ Foster-Care Work Group “ to discuss legal matters on a regular basis. In the future, proceedings like this will begin with clarifying talks between both authorities. „I am pleased that the Austrian Ombudsman Board could contribute to the solution and I hope that in the future, there will be no more problems like these. Samira has a residence permit now and I hope she will soon become Austrian“, said Ombudswoman Stoisits.

Vehicle access for disabled person

Mr. L. is living in a house in the 7th district of Vienna, in a so called traffic-reduced area. Ever since an apoplectic stroke he depends on being taken by car directly to the frontdoor. But his drivers regularly risk getting fines. The permit for the street concerned is bound to a specific car, Neither taxis nor disabled transportation services are allowed to use the street. Furthermore, a new application for the permit is needed every two years.

After Ombudswoman Stoisits took on the case in „Bürgeranwalt“, the Viennese city adminstration took action. The MA 46 (Office for Traffic Organisation and Technical Traffic Affairs) enacted an order that allows access for „Commercial disabled transportation services for getting in and off the vehicle“. A new street sign has already been installed. The renewal of the permit every two years however is regulated by the Road Traffic Act.

During the investigative proceedings it also turned out that the MA 46 had calculated the wrong tariff for seven permits altogether. Mr. L. received 300 euros reimbursement. „Five other cases have been found where persons concerned will get their money back“, said Ombudswoman Stoisits and was pleased with the results.

Dentistry in Graz

Dentistry Students of Graz had to pause their dental education programm again and again since there were not enough internships available. Former Ombudswoman Rosemarie Bauer started investigations in 2006 and criticised the so-called „bottleneck“ situation that ensued in this programm and was causing the waiting times.

One of the students who complained in 2006 is now a dentist and very proudly presented his practice, he could eventually finish his studies without major delays. Since then, the Austrian Ombudsman Board hardly ever received complaints of this kind. „This is just because the access to medicine studies has been massively hindered and the number of studentplaces drastically reduced“, explained Ombudswoman Stoisits. „With these measures, there are no more delays, however, less students can actually start this education.“ The problem of students hindered in their studies by delays was positively solved, however limiting the number of students is not an ideal solution according to Ombudswoman Stoisits. Politically, there is a need for action.