“Efficient legal protection to protect fundamental rights is missing”
Vienna (OTS) – Siegfried Wolf reacted with incomprehension to the decision of the Constitutional Court of May 17, 2024 (UA 16/2024), which he learned from the Constitutional Court’s homepage and then from the media that his tax file should be delivered to the investigative committee. The Finance Minister has so far refused to submit the files and documents for Siegfried Wolf’s tax audit on the grounds that the tax audit has not yet been completed and that only a “completed process” can be the subject of the investigation in an investigative committee.
The Constitutional Court justified its decision by saying that the Federal Minister had to defend serious formal errors in his authority. In addition, he did not specifically explain his reasons for the complaint and thus did not fulfill his obligation to provide reasons.
In addition, Wolf had already filed a complaint on May 2, 2024 against the delivery of his tax file within the meaning of Article 138 b (1) (7) (a) B-VG. However, no decision has been made on his complaint to date. The office of the Constitutional Court informed Wolf that a decision on this would only be made in the next session, i.e. after the files had been delivered and the COFAG U committee had ended.
Apart from the fact that there is clearly a lack of efficient legal protection to protect the essential basic rights of individuals against the investigative committee, Siegfried Wolf will do everything to protect his rights, even if the state itself has to be called upon to do so.
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Josef Kalina
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