Journalist has been waiting for documents from the Magistrate of the City of Vienna since 2016: Constitutional Court intervenes

He has been trying to obtain documents from the City of Vienna's magistrate since 2016, and the related proceedings have been repeatedly conducted over several instances for more than seven years. Due to another case related to freedom of information, the Constitutional Court is examining the legal rules regarding access to the register of beneficial owners.

Seven-Year Proceedings for Information: Constitutional Court Sees Rights Violation

A journalist wanted information about the collected proposals for the "Vienna Structure and Expenditure Reform," a program to improve administrative processes, according to a press release from the Constitutional Court on Wednesday. Although he was granted access, he was not allowed to take photographs or make copies, which is why he sees his right to freedom of information as violated. According to the Vienna Information Obligation Act, information must be provided no later than eight weeks after the request. While the Constitutional Court found a violation of the right to a reasonable duration of proceedings, it rejected the complaint regarding the manner of information provision. The journalist can appeal to the Administrative Court.

Another Journalist Denied Access to Register

Another journalist applied to the Finance Minister in October 2023, among other things, for the transmission of an excerpt from the register of beneficial owners. According to the journalist, there is suspicion that EU sanctions against Russia were circumvented by the company he was interested in. The Finance Minister rejected the request for information, stating that journalists do not have the right to access the requested data.

As a result, the Constitutional Court raised concerns that a provision of the Beneficial Owners Register Act might be unconstitutional. Thus, data for which journalists do not have access rights could still be of public interest. The restrictions would disproportionately limit the right to freedom of information, according to the preliminary position of the highest court. It has initiated a legislative review process - once a statement from the federal government is available, the Constitutional Court will decide whether its concerns are justified.

(APA/Red)

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