Answer of Federal Ministry of Justice

28.07.2010

Dear Dr. Nowicky,

As head of the department responsible for matters concerning legal protection the Federal Minister of Justice, Claudia Bandion-Ortner has asked me to answer your letter of 22 July 2010.

Also against the background of enabling affected patients to benefit from your newly developed preparation, I once again ask for your understanding that support on the part of the Federal Ministry of Justice cannot be considered for constitutional legal reasons. The Federal Ministry of Justice has no responsibility in matters concerning the approval of a medical preparation.

Our federal constitution is based on the principle of so-called separation of powers. This principle means that state functions must be separated in order to protect the freedom of individuals against those in power. Thus, not only are the three powers of the legislature, executive and judiciary separated from each other in all instances and instructions to each other prohibited but a federal minister may also only give instructions to subordinate departments.

I therefore once again ask for your understanding that I cannot give you better news with regard to this matter. I am enclosing the documentation enclosed with your letter.

Best regards,

On behalf of the federal minister:
Dr. Gabriele Bajons
Electronically prepared
Bundle of enclosures