“Whether or not a citizens’ assembly may take place in Vienna is at the discretion of the district council. If it decides against it, there are no legal remedies. This is a worrying loophole in the legal protection system, because a minority right guaranteed by the city constitution is rendered meaningless if its enforcement is prevented in the event of an unlawful refusal. The Austrian Ombudsman Board identifies a clear case of maladministration here. It is high time this flaw was rectified,” demands Ombudsperson Gaby Schwarz, citing a recent example in Vienna’s Third District. A complaint was lodged with the Austrian Ombudsman Board because the district council refused to allow a public meeting to be held in connection with the planned St. Marx event hall.
The City of Vienna’s justification for deeming the request to hold a public meeting inadmissible is as follows: because Wien Holding GmbH, as a legal entity under private law, is responsible for the construction of the arena and the matter therefore does not fall within the remit of the municipal administration. “From the Austrian Ombudsman Board’s perspective, this is incomprehensible. What is decisive is not the project sponsor, but the specific subject matter of the request to hold a residents’ meeting,” said Ombudsperson Gaby Schwarz.
The public meeting did not relate to the internal project management or the activities of Vienna Holding GmbH itself, but rather to the impact of the planned major project on the Third District and its population. Furthermore, specific questions were raised regarding traffic, air quality and noise nuisance, as well as protective measures. The request for a residents’ meeting was expressly aimed at providing information on the project’s impact on the district and discussing this with the district’s residents.
The City of Vienna, however, argues that there is no overriding interest on the part of the district. “We take a different view on this, too. The Austrian Ombudsman Board assumes that all matters falling within the remit of the district councils, district mayors and district committees are, in any case, in the interests of the respective district,” the Ombudsperson states. In this specific case, given the scale of the project, the impacts and changes affect the district’s population to a particular degree, meaning that there is an overriding interest on the part of the district. The fact that the affected plots of land are privately owned does not alter this. In the past, too, district councils have held public meetings on major projects undertaken by private entities. The City Administration has not explained why this is ruled out in this case.
"The ban on a public meeting regarding the St. Marx event hall is incomprehensible," said Ombudsperson Gaby Schwarz.