PROCEDURE

The case originated in an application (no. 34821/06) against the Republic of Austria lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by an Austrian national, Werner Gabriel (“the applicant”).

The applicant was represented by Ms Baumgartner-Gabriel, a lawyer practising in Graz. The Austrian Government (“the Government”) were represented by their Agent, Ambassador F. Trauttmansdorff, Head of the International Law Department at the Federal Ministry of Foreign Affairs.

The applicant complained, in particular, that there was no public hearing in the disciplinary proceedings against him before the Administrative Court.

On 1 December 2007 the Court decided to give notice of the application to the Government. Applying Article 29 § 3 of the Convention, it decided to rule on the admissibility and merits of the application at the same time.

THE FACTS

THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1939 and lives in Graz.

The applicant was, at the time of the events, a civil servant in a public employment relationship with the Styria Regional Government (Landesregierung). He worked at the Department for Legal Affairs (Traffic Department).

On 17 May 1993 the Department for Legal Affairs (Human Resources) laid disciplinary information against the applicant.

The Disciplinary Commission at the Office of the Regional Styria Government (Disziplinarkommission des Amtes der Landesregierung) decided, on 21 June 1993, to institute the main disciplinary proceedings on account of seventeen specific charges dating from December 1990 to April 1993 and suspended the applicant from his duties (Einleitungs- und Suspendierungsbeschluss).

On 21 September 1994 the Disciplinary Commission decided to hold a hearing (Verhandlungsbeschluss) in the disciplinary matter against the applicant, charging him on twenty-four counts. However, in the summons for the hearing the Disciplinary Commission informed the applicant on 2 October 2005 that only counts 1 to 14 would be subject matter of the hearing.

A hearing was held in presence of the applicant and his counsel on 7 December 1995 following which the Disciplinary Commission held the applicant liable in respect of ten counts of misbehaviour. It imposed a disciplinary penalty of immediate retirement with a deduction of 20% of his pension benefits. On the remaining four counts the Disciplinary Commission found no reason to take further action.

On 7 November 1996 the Senior Disciplinary Board at the Office of the Styria Regional Government (Disziplinaroberkommission des Amtes der Landesregierung) on the basis of the result of an oral hearing upheld this decision with regard to six counts, but found no reason for criticism as regards the remaining four counts. As a result the disciplinary penalty was reduced by setting the deduction of the applicant's pension benefits at 15%.

The applicant lodged a complaint with the Constitutional Court on 9 January 1997. The applicant also requested the Constitutional Court to hold a public hearing.

The Constitutional Court declined to deal with the applicant's complaint for lack of prospect of success on 9 June 1998 and, on 24 June 1998, remitted the case to the Administrative Court at the applicant's request.

On 23 September 1998 the applicant supplemented his complaint as requested by the Administrative Court and requested again a public hearing to be held. In his complaint he argued that the Senior Disciplinary Board had not been properly composed and that there were inconsistencies as to the number of charges in the decision to institute proceedings, the decision to hold a hearing and for which he was eventually held liable. Further, the authorities had not properly gathered the evidence and had erred in its assessment.

On 15 December 1999 (served on the applicant's counsel on 24 January 2000) the Administrative Court, without a hearing, dismissed the applicant's complaint as unfounded.