Ombudsman

Volksanwaltschaft

67/100

Summary

The Volksanwaltschaft (Austrian Ombudsman Board) is constitutionally established under Articles 148a-148j of the Bundes-Verfassungsgesetz (B-VG) and governed by the Volksanwaltschaftsgesetz 1982. It is a collegial body of three members elected by the National Council (Nationalrat) for six-year terms, renewable once; members are sworn in by the Federal President and cannot be removed before the end of their term, ensuring strong independence. The three members rotate the chairpersonship annually on the basis of the proportional representation of the three largest parties in the Nationalrat. The Volksanwaltschaft investigates complaints from any person who believes that a federal administrative authority has acted unlawfully or inappropriately, and conducts own-motion investigations. Under the B-VG and the Volksanwaltschaftsgesetz, the Board has a statutory right of access to all files, premises, and information held by public authorities. Annual reports are submitted to the National Council and made public. The Board also functions as Austria's National Preventive Mechanism under OPCAT, monitoring places of detention. The budget is a legislative line item.

Independence Scorecard

Independence Score: 67/100 (good)
67/100
Limited
Methodology v0.1
AppointmentLegislative appointment
Term length6 years
Removal standardCannot be removed before term expires
Budget independenceLegislative line item
Subpoena powerNo
Compel testimonyNo
Records accessFull access
Public reports requiredYes
Pre-publication reviewNone — reports published directly

Statute

Name
Volksanwaltschaftsgesetz 1982 / Bundes-Verfassungsgesetz Art. 148a-148j
Citation
Volksanwaltschaftsgesetz 1982 (BGBl. Nr. 432/1982 idgF); B-VG Art. 148a-148j
Full text
Full text of law →

Jurisdiction scope

Federal and Laender public administration; investigates complaints from any person affected by an unlawful or inappropriate act or omission by a federal administrative authority; acts as Austria's National Preventive Mechanism under OPCAT

Secondary Sources