First, it's about this Federal Administrative Court (BVwG), about the second Federal Competition Commission (BWB).
History
It was for BVwG Sabine Matejka, president of the Floridsdorf District Court and former president of the Judges Association, emerged as the top candidate from a recruitment process. Vice-Chancellor Werner Kögler's Ministry of Civil Service followed this advice and proposed Matejka as BVwG chairman.
However, the ÖVP blocked the nomination. Rumored reason: In return, the Greens don't want to agree with the best-ranked candidate for BWB.
It was for BWB Michael Sachs, currently vice president of the BVwG, is the top-ranked candidate. However, there was criticism of the commission that made the proposal: Sacks was said to be the preferred candidate, leading by only one point. Natalie Horsdorff-Borch, led the BWB on an interim basis at that time. The Greens also doubted his qualifications for the job – and commissioned a report confirming these doubts.
So the ÖVP and the Greens blocked each other – for months.
In November the first decision was made: Horsdorff-Borch became director of the BWB. Second at the end of January: Christian FilswieserThird placed by the commission, he became the BVwG president.
Both Sacks and Matejka did not receive the position, which was determined to be better qualified. And now they are defending themselves against it.
Although applicants are not entitled to a post, the responsible ministers are completely free in their selection. However, if there is a suspicion that the reason for non-aggression is inappropriate, victims can contact. Federal Equal Treatment Commission Return.
Later on
Sachs has already done this: Minister of Labor and Economy in response to a parliamentary question by Neos Martin Couture His department has been asked to submit procedural documents and provide a report as part of the “pending procedure”.
The answer to the question of whether the ministry is negotiating an agreement with Saks (KURIER reported) is “No”.
Matejka also plans to contact the federal Equal Treatment Commission, he confirmed when asked by the KURIER on Monday. He has six months (from the date of appointment) to submit his application – so the deadline is mid/end of July.
World View and Women's Quota
It is not yet clear what specific reasons he is referring to. Potential violation Equal Treatment Act or non-compliance Women's Development Programme. Each post in the Judiciary has a 50:50 ratio. If the qualifications are the same, preference should be given to the female applicant. And the BVwG currently has a male president and a male vice president.
At Sachs, discrimination occurs on the basis of Worldview He was repeatedly described as the ÖVP's preferred candidate, which came into question.
Victims can file a lawsuit if the federal Equal Treatment Commission determines a violation damages to publish. As a rule, according to inner circles, the republic gives a chance and seeks an out-of-court settlement.
The sums an unsuccessful applicant can receive after discrimination are substantial: in principle, they are entitled to the difference between what they currently earn and what they would have earned in the new (lost) job. That too until retirement. For Matejka, 49, the difference is about 5,000 euros a month.
