VfGH-Ruling on Denied Information to Kai Jan Krainer

The refusal to provide information - it was about the "Beinschab-Tool" - was a violation of the principle of equality, according to the Constitutional Court (VfGH). The Federal Administrative Court (BVwG) must now rule again.

VfGH Ruling: Refusal to Provide Information to Kai Jan Krainer was Against Equality

Krainer had requested information from both ministries about the relevant internal audit report, according to the Information Obligation Act. Both ministers and subsequently the BVwG rejected the requests. The Information Obligation Act was not applicable, as Krainer as a representative could receive the information through parliamentary questioning rights.

However, the BVwG, the VfGH states, misunderstood the legal position of the National Council representative Krainer. Requests from representatives are only to be considered as parliamentary inquiries under certain, legally defined conditions. This was not the case with Krainer's request. "The representative therefore has the right to information according to § 2 of the Information Obligation Act like 'everyone else'", it was stated in the VfGH announcement.

(APA/Red)

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