265. rules of procedure of the Ombudsman (GeO VA 2008)
Organizational of Ombudsman
§ 1 (1) the Ombudsman Board consists of three members, of which each one exercising the Presidency. The chairmanship of the Ombudsman rotates annually in the order in which of the provision of article B-VG 148 g para 3.
(2) the responsibilities of the members of the Ombudsman is determined by the allocation of business under quotes the Chairman and the individual members of the Ombudsman to carry out independent tasks (business units). The collegial decision-making members of Ombudsman to independently accomplish tasks, in particular the matters listed in article 8 of these rules of procedure, not through the allocation of business are reserved.
(3) the Chairman of the Ombudsman and every Member of the public prosecutor's Office can transfer certain of the current agendas in the sense of § 4 para 1 of people advocacy law of the Office of the Ombudsman while maintaining their authority to independently accomplish without prejudice to their responsibilities. An effect is to meet in collegial decision-making process and to announce to employees of the House.
(4) the required number of staff every Member of the public prosecutor's Office is annexed to the performance of duties incurred in the Division in her/his or to add. The assignment of staff of the Ombudsman to a Division decides on request of a member of the College of Ombudsman Ombudsman. Such a decision requires unanimity of the members of the public prosecutor's Office.
(5) without prejudice to article 148h para exercises 1 and 2 B-VG arrangements each Member of the Ombudsman with regard to him pursuant to paragraph 4 supplied staff the immediate chain of command and supervisory function from.
(6) every Member of the public prosecutor's Office can entrust the technical direction of his Division (Director/Head of Division) a / a servant/servant without prejudice to his responsibility. The order one / a substitute/Deputy is permissible. The Director / Head of Division (Deputy/Deputy) must have completed the study of law. A such entrustment can be revoked at any time. The scope of the functions to be performed on behalf of the Member of the Ombudsman then Division is set by the Member of of Ombudsman for a and can be changed at any time by him or her. This Ordinance shall in particular on the implementation of the fundamental decisions of the Member of the public prosecutor's Office and the related coordination and control of work to take. If not expressly otherwise decreed, the professional leadership of the Division includes the leadership of the Secretariat of the Member of the public prosecutor's Office, as well as the perception of the obligations associated with the service to the Member of the public prosecutor's Office.
(7) the Director / Head of the Division of the respective Chairperson has the administration under the direct authority and supervision of the Chairperson to conduct. Her / his Deputy/Deputy in this function are the leaders / the head of the business of the members of the Ombudsman is in the order of the Presidency, as she determined 148 g para 3 B-VG article.
(8) the personal names used in these rules of procedure can for female and male members of the College and are used for the employees of the House in the form to express the gender of the Commissioner or the office holder.
Convocation to meetings of the Ombudsman
The Chairperson has 2 (1) to convene the members of the Ombudsman Board at least twelve times per year to a session in compliance with a period of two weeks and announcing the agenda. Furthermore, the Chairperson, if it considers it necessary, may convene at any time a session.
(2) the Chairperson has to convene a session, if it requires a member of the public prosecutor's Office. In this case, the session is to convene that she held no later than two weeks after submission of the request.
(3) the members of the Ombudsman Board are obliged to participate in the meetings of the public prosecutor's Office. In the case of absence, they have to appoint another Member of the Ombudsman with their representation. The Chairperson is prevented, their pass obligations in the long run its prevention to that Member of the public prosecutor's Office, which for the purposes of article 148 g para 3 B-VG be the next Chairperson is provided.
(4) applications on amendments or additions to the order of the day can be made by any member of the public prosecutor's Office until the beginning of the session. On such applications is to decide before entering in the order of the day.
(5) documents, which are related to the individual agenda items, should be announced no later than 10 days prior to the meeting members of the Ombudsman.
(6) the transmission of invitations, as well as the documents electronically is permitted.
Confidentiality of meetings
3. (1) the sessions of the Ombudsman are not public.
(2) to the meetings of the public prosecutor's Office Director/Manager can their/its Division or whose / Deputy/Deputy Advisory when drawn by any member of the public prosecutor's Office of who are; appropriate decision can participate in meetings even more people to the information.
(3) all participants in the meetings of the Ombudsman are subject to B-VG of official secrecy to the extent of article 148 b para 2.
Leadership of the Presidency
§ 4. The respective Chairperson initiates the session. She/er may adjourn or postpone.
§ 5. Rapporteur/Rapporteur is that Member of the public prosecutor's Office, which is responsible on the basis of the allocation of business, unless the Ombudsman decides otherwise.
6. (1) decisions the Ombudsman their collegial decisions. The presence of all three members of the public prosecutor's Office is required for collegial decision of the Ombudsman. The Ombudsman is but even then constitute a quorum if only two members of the public prosecutor's Office are present and the absent member of the Ombudsman in writing has entrusted one of the two other members of the public prosecutor's Office with its representation. The represented Member of the Ombudsman can apply the represented Member of the Ombudsman with regard to his voice a particular vote on the individual agenda items. Provided that no member of the public prosecutor's Office requires an oral discussion, decisions in the circulation path can be grouped.
(2) for a decision, the majority of votes is required, if not the unanimity of the members of the Ombudsman Board is required.
(3) the Member of the Ombudsman, whose understanding about the execution of a point of the agenda has found the majority has the power to add his opinion in writing the record of this meeting.
Records and logs
The decisions taken by the Ombudsman are § 7 (1) be recorded in a log. The management of the Protocol falls / Chairman, who can themselves of it by him of the session pulled staff.
(2) the Protocol should be signed by the present members of the Ombudsman and the Secretary / Secretary.
(3) a copy of the Protocol is to submit every Member of the public prosecutor's Office. The delivery of the Protocol by electronic means is permitted.
Affairs of collegial decision-making
§ 8. The collegial decision-making of the Ombudsman are anyway:
1. reports to the National Assembly and the provincial assemblies;
2. amendments to the Constitution Court for declaration of the illegality of regulations;
3. requests to the Constitutional Court decision in the case of differences of opinion on the interpretation of the statutory provisions governing the jurisdiction of the Ombudsman;
4. the rules of procedure and the allocation of business and the decision-making according to § 1 para 4;
5. proposals on the Federal President in conferring professional titles and medals;
6. the treatment of those Affairs, whose handling has fundamental importance or beyond impact expected on the case allows you, for example recommendations (art. 148 c B-VG) and to eliminate the delay of a court (article 148a para 3 B-VG) oriented period legislative proposals;
7 matters which is done at the request of a member of the Ombudsman by collegial decision-making should be;
8. the conferral of jurisdiction to the independent registration of individual cases to another Member of the Ombudsman on request of the competent according to the distribution of business member of the Ombudsman. Decision-making requires unanimity of the members of the Ombudsman (6 § allocation of Business Ombudsman - GeV of the VA 2008).
9. for matters which to allocate its substantive content after another Member of the Ombudsman are that each Member of the Ombudsman is entitled, a grievance review within the meaning of article 148a para 1 and 2 B-VG to apply for. This decision requires unanimity of the members of the public prosecutor's Office.
10 fundamental Affairs of the Ombudsman, such as human resources, co-ordination, computer-assisted data processing, development of the Ombudsman, fundamental questions of public relations, events in the public prosecutor's Office, the issuing of publications of the Ombudsman.
Affairs, to perceive who independently by the individual members of the public prosecutor's Office are
§ 9 (1) the matters reserved for not collegial decision of the Ombudsman (§ 1 para 2) are due to the allocation of business of the individual members of the Ombudsman independently worried.
(2) each Member of the Ombudsman is entitled to her / his test range on topics their / his election press conferences (also involving stakeholders, scientists/researchers and respondents) to hold. The College is to provide information on time.
(3) every Member of the public prosecutor's Office has in case its prevention to care for his representation; a division of affairs is thereby permitted.
(4) a member of the Ombudsman due to serious circumstances unable, for its representation to one is longer to ensure ongoing prevention so the two other members of the Ombudsman to ensure of the constitutional tasks of the Ombudsman have representation until a decision of the would-be member of the Ombudsman agreed to set.
Access to the file
10. (1) has the right to unrestricted access to all files of the Ombudsman every Member of the public prosecutor's Office.
(2) the members of the Ombudsman Board can agree without prejudice to its other rights of information in some cases to information about every process in a test procedure.
Early retirement of a member of the public prosecutor's Office
The Chairperson has § 11 (1) in the case of premature termination of a member of the Ombudsman immediately indicate this to the President of the National Council.
(2) the matters on the basis of the allocation of business coming to the departing member of the Ombudsman become members of the Ombudsman Board left the inauguration of a new Member of the Ombudsman to the consensual care on the two in the Office; with the inauguration of a new Member of the Ombudsman on this.
(3) in the case of premature termination of the Chairperson obligations go over a Chairperson of the new, without prejudice to the provision in paragraph 2 to that Member of the public prosecutor's Office until the inauguration, which in accordance with article 148 g para 3 B-VG be the next Chairperson is provided.
§ 12. These rules of procedure shall enter into force 14 July 2008.
Kostelka Brinek Stoisits