VfGH tilts the refusal to provide information: Krainer wins against ministries!

VfGH tilts the refusal to provide information: Krainer wins against ministries!

Österreich - In a sensational judgment, the Constitutional Court (VfGH) has lifted the decision of the Federal Administrative Court (BVWG), which had previously rejected an information request from the SPÖ MP Kai Jan Krainer. Krainer had requested information on an internal revision report, known as the "legshab tool", both from the finance and the Ministry of Education. This request was rejected on the grounds that no information could be given on the basis of the obligation to provide information law, since Riainer could request the information about parliamentary questions. The BVWG considered the refusal of information to be legal, but the VfGH found that this interpretation was wrong. According to the VfGH, Krainer, as a member of parliament, has the right to information like "everyone".

In its message, the VfGH made it clear that inquiries from MPs are only considered parliamentary inquiries under certain, legally stated conditions. However, this was not the case with Krainer's request. The VfGH pointed out that the BVWG's reasons violated the principle of equality and called for a new decision by the BVWG. This means that Krainer may now have access to the coveted information, which could influence the further procedure with regard to the critical report, as orf.at reported.