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70. Distribution of the Public Prosecutor's Office, its Commissions and the Human Rights Advisory Board (GeV of the VA 2014)
I. Section
People's Office
§ 1. The duties of the Public Prosecutor's Office are to be carried out independently of the individual members of the People's Office, unless the Rules of Procedure of the People's Office provide for a collegial decision-making.
§ 2. The chairman is responsible for:
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Exercise of the Diensthoness towards the staff of the People's Prosecution pursuant to Art. 148h para. 2 B-VG; |
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Personnel matters of the Public Prosecutor's Office in accordance with Art. 148h para. 1 B-VG; |
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Organisational matters of the People's Office; |
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Decisions on attendance advertisements in accordance with § 5 of the Volksanwaltschaftsgesetz 1982; |
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Convening and chairing of the collegial meetings of the People's Office; |
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Tasks of the Public Prosecutor's Office, insofar as these are not covered by § § 3 to 5 of the business distribution. |
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§ 3. The Volksanwalt Dr. Günther HERBS oblies:
(1) The duties of the Public Prosecutor's Office, which fall within the scope of action of the Federal Ministries of the Federal Ministries of the Federal Republic of Germany:
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Federal Chancellery (except for arts and culture as well as monument protection) and data protection authority; |
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Federal Ministry for Europe, Integration and Foreign Affairs; |
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Federal Ministry of Labour, Social Affairs and Consumer Protection; |
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Federal Ministry of Education and Women (area women's affairs and gender equality); |
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Federal Ministry for Families and Youth; |
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Federal Ministry of Health; |
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Federal Ministry of Transport, Innovation and Technology (rail, innovation and telecommunications, air and maritime transport). |
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(2) The tasks of the People's Office concerning the following matters concerning the administration of those countries which have declared the public prosecutor's office responsible under Art. 148i B-VG:
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Matters related to the Office of the Office of the State Office, and matters related to the law of the Land and Municipal Services, with the exception of the national teachers; |
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Health, Veterinary; |
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Minimum protection, assistance for the disabled, basic services and youth welfare. |
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(3) The duties of the Public Prosecutor's Office pursuant to Section 11 (1) of the Volksanwaltschaftsgesetz 1982, insofar as they relate to the scope of action of the Federal Ministries pursuant to paragraph 1 and matters relating to the administration of the Länder in accordance with paragraph 2.
(4) The duties of the Public Prosecutor's Office, which fall within the jurisdiction of the Federal Administrative Court or of a Land Administrative Court, in accordance with its factual content, if the case has the effect of a Federal Ministry pursuant to paragraph 1 or a matter relating to the administration of the countries referred to in paragraph 2.
§ 4. The Volksanwältin Dr. Gertrude BRINEK oblies:
(1) The duties of the Public Prosecutor's Office, which fall within the scope of action of the Federal Ministries of the Federal Ministries of the Federal Republic of Germany:
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Federal Chancellery (matters relating to the protection of monuments); |
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Federal Ministry of Finance; |
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Federal Ministry of Justice. |
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(2) The tasks of the People's Office concerning the following matters concerning the administration of those countries which have declared the public prosecutor's office responsible under Art. 148i B-VG:
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municipal affairs, with the exception of the service and law matters of municipal staff and municipal authorities; |
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Communal affairs of science, research, art and culture; |
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spatial planning, residential and settlement systems, construction law, administration of state-owned buildings and real estate as well as of state funds; |
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Affairs of the country and community roads; |
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Transport with the exception of road polices. |
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(3) The duties of the Public Prosecutor's Office pursuant to Section 11 (1) of the Volksanwaltschaftsgesetz 1982, insofar as they relate to the scope of action of the Federal Ministries pursuant to paragraph 1 and matters relating to the administration of the Länder in accordance with paragraph 2.
(4) The duties of the Public Prosecutor's Office, which fall within the jurisdiction of the Federal Administrative Court or of a Land Administrative Court, in accordance with its factual content, if the case has the effect of a Federal Ministry pursuant to paragraph 1 or a matter relating to the administration of the countries referred to in paragraph 2.
(5) The duties of the Public Prosecutor's Office, which fall within the competence of the Federal Finance Court, in terms of their factual content.
§ 5. Peter FICHTENBAUER, the public prosecutor, oblies:
(1) The duties of the Public Prosecutor's Office, which fall within the scope of action of the Federal Ministries of the Federal Ministries of the Federal Republic of Germany:
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Federal Chancellery (areas of art and culture, with the exception of matters relating to the protection of monuments); |
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Federal Ministry of Education and Women (except for women's affairs and gender equality); |
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Federal Ministry of the Interior; |
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Federal Ministry of Agriculture, Forestry, Environment and Water Management; |
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Federal Ministry of Defense and Sport; |
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Federal Ministry of Transport, Innovation and Technology (road sector-freight and passenger transport, dangerous goods, road transport, technology and road safety); |
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Federal Ministry of Science, Research and Economy |
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(2) The tasks of the People's Office concerning the following matters concerning the administration of those countries which have declared the public prosecutor's office responsible under Art. 148i B-VG:
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Affairs of the country's finances, country and municipal levies; |
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Trade and energy; |
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Citizenship matters, voter evidences, street police; |
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education and education, sports and cultural affairs, service and law matters of the national teachers; |
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Agriculture and forestry matters, hunting and fishing rights; |
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Matters relating to nature and environmental protection and waste management; |
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Affairs of science, research and art. |
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(3) The duties of the Public Prosecutor's Office pursuant to Section 11 (1) of the Volksanwaltschaftsgesetz 1982, insofar as they relate to the scope of action of the Federal Ministries pursuant to paragraph 1 and matters relating to the administration of the Länder in accordance with paragraph 2.
(4) The duties of the Public Prosecutor's Office, which fall within the jurisdiction of the Federal Administrative Court or of a Land Administrative Court, in accordance with its factual content, if the case has the effect of a Federal Ministry pursuant to paragraph 1 or a matter relating to the administration of the countries referred to in paragraph 2.
§ 6. In duly substantiated cases, a task of the People's Office may, at the request of the member of the People's Office responsible for the treatment according to this division of business, another member of the Public Prosecutor's Office by collegial decision-making shall be assigned. This decision requires unanimity among the members of the public prosecutor's office. The Appellant/Appellant shall be notified in writing of the change in the competence of the appellant.
II. Section
Commission of the People's Office
§ 7. Six commissions are used to carry out the tasks in accordance with Section 11 (1) of the Volksanwaltschaftsgesetz 1982.
§ 8. (1) The local competence of the Commissions shall include:
Commission 1: the Sprengel of the Oberlandesgericht Innsbruck;
Commission 2: the Sprengel of the Oberlandesgericht Linz;
Commission 3: the Sprengel of the Oberlandesgericht Graz;
Commission 4: in the Sprengel of the Vienna Higher Regional Court, the municipal districts of Vienna 3 to 19 and 23;
Commission 5: in the Sprengel of the Vienna Higher Regional Court, the municipal districts of Vienna 1, 2, 20 to 22 and the political districts of Gänserndorf, Gmünd, Hollabrunn, Horn, Korneuburg, Krems, Mistelbach, Tulln, Waidhofen a.d. Thaya and Zwettl;
Commission 6: in the Sprengel of the Higher Regional Court of Vienna the Burgenland and the political districts of Amstetten, Baden, Bruck a.d. Leitha, Lilienfeld, Melk, Mödling, Neunkirchen, Scheibbs, St. Pölten, Waidhofen a.d. Ybbs, Wiener Neustadt and Wien-surroundings.
(2) The Commission or individual members of the Commission (Commission delegation) shall carry out visits and verifications for the People's Office. The formation of subregional Commission delegations is admissible.
III. Section
Human Rights Advisory Council
§ 9. The Chairman of the Human Rights Advisory Council and in the case of his/her prevention of her/her/her/her/her/her He/his/his/his deputy oblies:
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Organisational matters of the Human Rights Advisory Council; |
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Exercise of the supervision of the staff of the OPCAT Secretariat (SOP), insofar as these are assigned to the Human Rights Advisory Council for the performance of tasks (Section 26 (2) of the Rules of Procedure of the People's Office); |
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Convening and chairing the sessions of the Human Rights Advisory Council; |
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Coordination of the Human Rights Advisory Board with the People's Office and its Commissions; |
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Representation of the human rights advisory board to the outside world. |
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§ 10. The advisory activity of the Human Rights Advisory Board in accordance with Art. 148h (3) B-VG is transferred to the same as a collegium. They shall be subject to collegial decision-making in accordance with the provisions of the Rules of Procedure of the People's Office
§ 11. All Members Substitute members of the Human Rights Advisory Board are responsible for attending the meetings of the Advisory Board (§ 32 Rules of Procedure of the People's Office of the People's Office). At the invitation of the chairman and in accordance with their respective expertise, they are also responsible for the participation in working groups and preparatory meetings of the Advisory Board.
§ 12. The representatives of the Federal Ministries and of the Länder in the Advisory Council (Section 15 of the People's Law Act 1982) are responsible, in particular, for the preparatory work on those tasks of the Advisory Board which, according to their content, are subject to the law. The scope of action of the ministries or countries they represent.
§ 13. The members of the Advisory Board (§ 15 Volksanwaltschaftsgesetz 1982), who are seconded to the Advisory Board by the non-governmental organizations, are responsible, in particular, for the preparatory work on those tasks of the Advisory Board which, according to their content, are in the sphere of action of the organisations that they have proposed.
Herbs Brinek Fichtenbauer
