Allocation Of Business Ombudsman, Its Commissions And Of The Human Rights Advisory Board (Gev Of The Va 2014)

Original Language Title: Geschäftsverteilung der Volksanwaltschaft, ihrer Kommissionen und des Menschenrechtsbeirates (GeV der VA 2014)

Read the untranslated law here: https://www.global-regulation.com/law/austria/2995540/geschftsverteilung-der-volksanwaltschaft%252c-ihrer-kommissionen-und-des-menschenrechtsbeirates-%2528gev-der-va-2014%2529.html

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70. allocation of Business Ombudsman, its commissions and of the Human Rights Advisory Board (GeV of the VA 2014)

I. section

Ombudsman

§ 1. The tasks of the Ombudsman are of the individual members of the Ombudsman independently to perceive, if not the rules of procedure of the Ombudsman provides a collegial decision making.

§ 2. Responsibility the Chairperson:



-Exercise the service prerogative with regard to employees of the Ombudsman in accordance with article 148 h paragraph 2 B-VG;

-Personnel of the Ombudsman in accordance with article 148 h para 1 B-VG;

-Organizational matters of the public prosecutor's Office;

-Bias ad decisions pursuant to section 5 of the public prosecutor's Office Act 1982;

-Convening and leadership of collegial meetings of the Ombudsman;

-Tasks of the Ombudsman, as far as these are not covered by sections 3 to 5 of the business distribution are.

§ 3. The lawyer Dr. Günther herbs are:

(1) the tasks of the Ombudsman, factual content falling within the powers of the federal ministries:



-Federal Chancellor's Office (except areas of art, culture, and heritage) and data protection authority;

-Federal Ministry for Europe, integration and exterior;

-Federal Ministry for labour, Social Affairs and consumer protection;

-Federal Ministry for education and women (field of women's Affairs and equal opportunities);

-Federal Ministry for families and youth;

-Ministry of health;

-Federal Ministry for transport, innovation and technology (rail, innovation and telecommunications, air and maritime transport).

(2) the tasks of the Ombudsman concerning following matters of administration of those countries which have declared the Ombudsman in accordance with article 148i B-VG for responsible:



-Issues that are associated with the Regional Directorate, service and pay legal Affairs of State and municipality employees with the exception of country teachers;

-Health care, veterinary;

-Minimum assurance, disability, primary health care and youth welfare.

(3) the tasks of the Ombudsman pursuant to section 11, paragraph 1, of the public prosecutor's Office Act 1982, as far as they relate to the sphere of competence of the federal ministries in accordance with paragraph 1 and matters pertaining to the administration of the countries referred to in paragraph 2.

(4) the tasks of the Ombudsman, factual content falling within the jurisdiction of the federal or a State administrative court, if the case concerns the effect of a Federal Ministry in accordance with paragraph 1 or a matter of managing the countries referred to in paragraph 2.

§ 4. The people's advocate, Dr. Gertrude BRINEK are whether:

(1) the tasks of the Ombudsman, factual content falling within the powers of the federal ministries:



-Federal Chancellor's Office (range issues of architectural preservation);

-Federal Ministry of finance;

-Federal Ministry of Justice.

(2) the tasks of the Ombudsman concerning following matters of administration of those countries which have declared the Ombudsman in accordance with article 148i B-VG for responsible:



-Community Affairs with the exception of service and pay legal Affairs of municipal officials, as well as the municipal taxes;

-Municipal Affairs of science, research, art and culture;

-Spatial planning, residential and human settlements, construction law, management of native buildings and grounds as well as of land fund;.

-Matters of national and local roads;

-Transport with the exception of the road police.

(3) the tasks of the Ombudsman pursuant to section 11, paragraph 1, of the public prosecutor's Office Act 1982, as far as they relate to the sphere of competence of the federal ministries in accordance with paragraph 1 and matters pertaining to the administration of the countries referred to in paragraph 2.

(4) the tasks of the Ombudsman, factual content falling within the jurisdiction of the federal or a State administrative court, if the case concerns the effect of a Federal Ministry in accordance with paragraph 1 or a matter of managing the countries referred to in paragraph 2.

(5) the duties of the Ombudsman, factual content falling within the jurisdiction of the Federal Finance Court.

§ 5. The lawyer Dr. Peter FICHTENBAUER are whether:

(1) the tasks of the Ombudsman, factual content falling within the powers of the federal ministries:



-Federal Chancellor's Office (areas of art and culture, except matters of monument protection);

-Federal Ministry for education and women (except the area of women's Affairs and equal opportunities);

-Federal Ministry of the Interior;

-Federal Ministry for agriculture and forestry, environment and water management;

-Federal Ministry for defence and sports;

-Federal Ministry for transport, innovation and technology (concerning road freight and passenger transport, dangerous goods, automotive engineering, technology and road safety);

-Federal Ministry for science, research and economy.

(2) the tasks of the Ombudsman concerning following matters of administration of those countries which have declared the Ombudsman in accordance with article 148i B-VG for responsible:



-Affairs of national finance, national and municipal taxes;

-Industrial and energy sector;

-Citizenship matters, voters evidence, road police;

-School and education, sports and Cultural Affairs, service and pay for Legal Affairs of country teachers;

-Matters of agriculture and forestry, hunting - and fishing right;

-Matters of nature and environmental protection, as well as the waste management;

-Matters of science, research and art.

(3) the tasks of the Ombudsman pursuant to section 11, paragraph 1, of the public prosecutor's Office Act 1982, as far as they relate to the sphere of competence of the federal ministries in accordance with paragraph 1 and matters pertaining to the administration of the countries referred to in paragraph 2.

(4) the tasks of the Ombudsman, factual content falling within the jurisdiction of the federal or a State administrative court, if the case concerns the effect of a Federal Ministry in accordance with paragraph 1 or a matter of managing the countries referred to in paragraph 2.

§ 6. In justified cases, a task of the Ombudsman at the request of the Commissioner with responsibility for treatment after this allocation of the Ombudsman can be assigned by collegial decision-making to another Member of the Ombudsman. This decision requires unanimity of the members of the public prosecutor's Office. By the change of jurisdiction communication to make is writing the appellant the appellant.

II. section

Commissions of the Ombudsman

§ 7. Six committees are used to the performance of the tasks referred to in section 11, paragraph 1, of the public prosecutor's Office Act 1982.

8. (1) includes the territorial jurisdiction of the commissions for the:

Commission 1: the traineeship of Innsbruck;

Commission 2: the traineeship of Linz;

Commission 3: the traineeship of Graz;

Commission 4: jurisdiction of the higher regional court of Vienna the Vienna municipal districts 3-19 and 23;

Commission 5: in the traineeship Vienna the Vienna municipal districts 1, 2, 20 to 22 and the political districts of Gänserndorf, Gmünd, Hollabrunn, Horn, Korneuburg, Krems, Mistelbach, Tulln, Waidhofen Thaya and Zwettl.

Commission 6: jurisdiction of the higher regional court of Vienna, the Burgenland and the political districts of Amstetten, Bruck on the Leitha, Lilienfeld, Melk, Mödling, Neunkirchen, Scheibbs, St.Pölten, Waidhofen on the Ybbs, Wiener Neustadt and Vienna environment.

(2) the committees or individual members (Commission delegation), some of them carry out visits and inspections for the Ombudsman. The formation of large regional Commission delegations is allowed.

III. section

Human Rights Advisory Board

§ 9. The Chairperson of the Human Rights Advisory Board and in the case of her / his preventing her or her or his/its incumbent Deputy/Deputy:



1. organizational matters of the Human Rights Advisory Council;

2. exercise the supervision over the staff of the Secretariat of OPCAT (SOP), insofar as these are assigned to the Human Rights Advisory Board to the fulfilment of the tasks (§ 26 para 2 rules of procedure of the Ombudsman);

3. convening and lead the sessions of the Human Rights Advisory Council;

4. coordination of the Human Rights Advisory Board with the Ombudsman and its commissions;

5. representation of the Human Rights Advisory Board to the outside.

§ 10. The consulting activities of the Human Rights Advisory Council in accordance with article 148 h para 3 B-VG is this transfer as a college. Is required in accordance with the rules of procedure of the Ombudsman of collegial decision making.

§ 11. Participation in the meetings of the Advisory Board is whether all members or alternate members of the Human Rights Advisory Board (§ 32 rules of procedure of the Ombudsman). At the invitation of the Chairperson and in accordance with their respective technical expertise is also participating in working groups and preparatory meetings of the Advisory Board.

§ 12. The representatives and representatives of the federal ministries as well as the countries in the Council (article 15 public prosecutor's Office Act 1982) rests with in particular the preliminary participation in those tasks of the Advisory Board that fall on its content within the legitimate powers of the ministries they represent or countries.


§ 13. The members delegated by the non-governmental organizations in the Committee (§ 15 public prosecutor's Office Act 1982) rests with in particular the preliminary participation in those tasks of the Advisory Board are covered according to their content in the area of influence of the organizations that have proposed.

Herbs Brinek Fichtenbauer