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Rules Of Procedure Of The Ombudsman (Geo Va 2009)

Original Language Title: Geschäftsordnung der Volksanwaltschaft (GeO der VA 2009)

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201. Rules of Procedure of the Public Prosecutor's Office (GeO of the VA 2009)

Organisation of the People's Office

§ 1. (1) The Public Prosecutor's Office shall consist of three members, each of whom shall be presided over. The Presidency of the People's Office alternates in the order of the provision of Art. 148g para. 3 B-VG per year.

(2) The duties of the members of the People's Office shall be carried out by the distribution of the duties under the guidance of the Chairperson and the individual members of the Public Prosecutor's Office for the purpose of carrying out self-standing duties (Business Units). The collegial decision-making process is all the tasks assigned to the members of the People's Office for the purpose of self-determination, and in particular the matters listed in § 8 of these Rules of Procedure, reserved.

(3) The Chairman of the Public Prosecutor's Office and any member of the Public Prosecutor's Office may, without prejudice to their responsibility, certain of the current agendas within the meaning of Section 4 (1) of the People's Law Office of the Office of the Public Prosecutor's Office , while maintaining their authority of authority, shall be entrusted with self-perpetuating execution. A decision in this regard must be taken in a collegial decision-making process and shall be notified to the staff of the House.

(4) Each member of the Public Prosecutor's Office shall be assigned the required number of staff members in order to carry out the duties arising in his/her business unit. . The College of the People's Office of the People's Office decides on the assignment of staff of the People's Office to a business unit at the request of a member of the Public Prosecutor's Office. Such decision-making requires unanimity among the members of the People's Office.

(5) Without prejudice to the rules laid down in Article 148h (1) and (2) B-VG, any member of the public prosecutor's office shall, in respect of the servants provided to him/her in accordance with the provisions of paragraph 4, exercise the direct authority to act as a direct authority.

(6) Each member of the Public Prosecutor's Office may, without prejudice to his/her responsibility, entrust a staff member/servant with the professional management of his/her business unit (Head/Head of the Office). The appointment of a Deputy/Deputy is permitted. The Head of the Business Unit (Deputy/Deputy) must have completed the study of the law. Such a betting can be revoked at any time. The extent of the duties to be carried out on behalf of the member of the People's Office will be determined by the member of the People's Office for her/his business unit and may be amended at any time by the member of the public prosecutor's office. In particular, it is necessary to consider the implementation of the fundamental decisions of the member of the People's Office as well as the related coordination and control of the work. Unless expressly provided otherwise, the technical management of the business unit also includes the management of the secretariat of the member of the People's Office as well as the perception of the person with the service of the member of the People's Office related obligations.

(7) The Head of the Division of the respective Chairperson shall lead the administration under the direct authority and supervision of the Chairman. Her/his deputy/deputy in this function are the heads of the business units of the members of the People's Office, in the order of the chairmanship, as determined in Art. 148g para. 3 B-VG.

(8) The personal names used in these Rules of Procedure may be used in the form of female and male members of the College and for the staff of the House in the form of the sex of the Express the incumbant or the incumbant.

Convocation to the meetings of the People's Office

§ 2. (1) The Chairman shall convene the members of the People's Office at least twelve times a year at a meeting with due regard to a period of two weeks and with the announcement of the agenda. In addition, the Chairman may, if he/she deems it necessary, convene a meeting at any time.

(2) The chairman shall also convene a meeting if a member of the public prosecutor's office is required. In such a case, the meeting shall be organised in such a way as to take place at the latest two weeks after the request has been made.

(3) Members of the Public Prosecutor's Office shall be obliged to attend the meetings of the People's Office. In the case of prevention, they have to entrust another member of the People's Office with their representation. If the chairman is prevented, his/her duties will be taken over to the member of the public prosecutor's office for the duration of his/her prevention, which is provided for in accordance with Art. 148g (3) B-VG as the next chairperson.

(4) Applications for amendment or additions to the agenda may be submitted by any member of the People's Office until the beginning of the meeting. Such requests shall be made on the agenda prior to entry.

(5) Documents relating to the individual items on the agenda shall be announced to the members of the public prosecutor's office no later than 10 days before the meeting.

(6) The transmission of invitations and documents by electronic means shall be permitted.

Confidentiality of meetings

§ 3. (1) The meetings of the People's Office are not open to the public.

(2) In addition to the meetings of the People's Prosecution Service, each member of the People's Office may consult the head/head of her/his/his business unit or his/her deputy/deputy with a consultative vote; Other persons may also take part in the meetings in order to make the information available.

(3) All participants in the meetings of the People's Prosecution Office are subject to the extent of Article 148b (2) B-VG of the Department's secrecy.

Leadership of the Presidency

§ 4. The respective Chairman shall direct the meeting. You/He may interrupt or postpone the session.

Reporting

§ 5. Rapporteur/Rapporteur is the member of the Public Prosecutor's Office, which is responsible for the distribution of the business, unless the people's office decides otherwise.

Decision-making

§ 6. (1) The People's Office of the People's Office takes decisions on their collegial decisions. The presence of all three members of the Public Prosecutor's Office is required for the collegial decision-making of the People's Office. However, the public prosecutor's office is also a quorum if only two members of the People's Office are present and the absent member of the People's Office of one of the other two members of the People's Office in writing is in writing with his Responsible for the task of representation. The represented member of the People's Office may, with regard to his/her vote, apply to the representative member of the Public Prosecutor's Office a certain voting behaviour on the individual agenda items. Unless a member of the People's Office asks for an oral discussion, decisions can also be taken in the round-trip route.

(2) A majority of the votes shall be required for a decision, unless the unanimity of the members of the People's Office is required.

(3) The Member of the People's Prosecution Office, whose view on the execution of a item on the agenda did not find the majority, is entitled to add his/her opinion in writing to the minutes of that meeting.

Records and Protocols

§ 7. (1) Decisions taken by the Public Prosecutor's Office shall be recorded in a protocol. The management of the Protocol shall be the responsibility of the Chairperson, who shall be able to serve one of his/her meetings with the staff of the staff of the Commission.

(2) The Minutes shall be signed by the members of the Office of the People's Office and the Secretary of the Secretary of the State.

(3) Each member of the Public Prosecutor's Office shall be sent a copy of the Protocol. The transmission of the protocol by electronic means shall be permitted.

Matters of collegial decision-making

§ 8. In any case, the collegial decision-making process of the People's Office is reserved:

1.

Reports to the National Council and the Landtage;

2.

Requests to the Constitutional Court to determine the illegality of regulations;

3.

Requests to the Constitutional Court for a decision in the event of disagreement on the interpretation of the legal provisions governing the jurisdiction of the People's Office;

4.

the Rules of Procedure and the distribution of business and the decision-making pursuant to Article 1 (4);

5.

Proposals to the Federal President for the award of professional titles and honorary signs;

6.

the treatment of those matters whose execution is of fundamental importance or which can be expected to have an impact beyond the individual case, such as recommendations (Art. 148c B-VG) and on the elimination of the sawdust of a court (Art. 148a para. 3 B-VG).

7.

Matters to be dealt with at the request of a member of the People's Office by collegial decision-making;

8.

the transfer of responsibility for the self-execution of individual cases to another member of the People's Prosecution Office at the request of the member of the public prosecutor's office responsible for distribution. The decision-making process requires unanimity of the members of the People's Office (§ 6 Business Distribution of the People's Prosecution-GeV of the VA 2008).

9.

for matters relating to their factual content according to the area of another member of the Public Prosecutor's Office, any member of the People's Prosecution Office shall be entitled to an examination of defects within the meaning of Art. 148a (1) and (2) B-VG apply. This decision requires unanimity among the members of the public prosecutor's office.

10.

basic issues of the people's office, such as human resources, household, automation-supported data processing, further development of the public prosecutor's office, basic questions of public relations, events in the The public prosecutor's office, the publication of publications of the People's Office.

11.

the decision of which member of the People's Office will be entrusted with the function of the Secretary General/Secretary General of the International Ombudsman Institute (I.O.I.), which has its seat at the People's Office in Vienna, according to the status of the statutes.

Matters that are self-employed by the individual members of the People's Office

§ 9. (1) The non-collegial decision-making of the People's Office (§ 1 para. 2) is self-perpetuating on the basis of the distribution of the business by the individual members of the People's Office.

(2) Each member of the Public Prosecutor's Office is entitled to hold a press conference (also with the participation of interested parties, scientists and respondents) on topics of his/her choice in his/her examination area. The college is to be informed on time.

(3) Each member of the Public Prosecutor's Office shall be responsible for his/her representation in the event of his/her prevention; a division of the affairs shall be permitted in this case.

(4) If, due to serious circumstances, a member of the Public Prosecutor's Office is not in a position to provide for his/her representation in the event of a prolonged prevention, the other two members of the People's Prosecution Service shall be responsible for ensuring that they are prevented from taking part in the the fulfilment of the constitutional duties of the Public Prosecutor's Office until a decision of the prevented member of the People's Office to determine the representation by common accord.

File View

§ 10. (1) Each member of the Public Prosecutor's Office shall have the right to have full access to all files of the People's Office.

(2) The members of the Public Prosecutor's Office may, without prejudice to their other rights of information in individual cases, agree to receive ongoing information on any operation in a test procedure.

Early departure of a member of the People's Office

§ 11. (1) In the event of a premature failure of a member of the People's Office, the Chairman shall immediately notify the President of the National Council.

(2) The affairs of the People's Office who are retired due to the distribution of the business shall go to the office of a new member of the Public Prosecutor's Office for the consensual concern of the two in the Office until the date of the inauguration of the Office. the remaining members of the People's Prosecution Service; with the inauguration of a new member of the People's Office on this.

(3) In the event of premature retirement of the chairman, his or her duties shall pass until the appointment of the new chairman, without prejudice to the regulation in para. 2 of that member of the public prosecutor's office, which shall be in accordance with the nature of the article. 148g para. 3 B-VG is provided as the next following chairperson/r.

§ 12. These Rules of Procedure shall enter into force on 14 July 2009.

Kostelka Brinek Stoisits