Letter to Federal Ministry of Justice

Federal Minister
Mag. Claudia Bandion-Ortner
PERSONAL
Federal Ministry of Justice
Museumstrasse 7
1070 Vienna

Re: Violation of §8 Medicines Act (see “Explanations” pp 7-8), infringement of §8 clauses 2 and 3 of the Medical Specialities Order 1947 (see “Explanations” pp 5-6), article 7 (1) Federal Constitutional Principle (see “Explanations” pp 4-5), art. 2 right to life – Convention for the Protection of Human Rights and Basic Freedoms art. 2 (see “Explanations” pp 9-10).

05.08.2010

Dear Minister,

The impression made by the reply from 28.7.2010 from your head of legal protection matters, Dr. Gabriele Bajons, is that civil servants do not read my letters at all. I would be very pleased, and also hope to have the right as a taxpayer, to receive from you personally a legally correct answer to the question I posed.

Dr. Bajons writes that your ministry cannot support me for technical constitutional reasons. However, I do not need support but only an answer to my question which is in your subject field.

Dr. Bajons writes that your ministry is not responsible for granting approval for a medical preparation. Your head of department cannot really suppose that this fact is unknown to me as a scientist active in the pharmaceutical field for decades.

Dr. Bajons repeats her explanations about the separation of powers in Austria – I already commented on this in my letter of 24.6. in paragraph 3 on page 1.

Dr. Bajons writes that it is forbidden (for ministries) to issue each other instructions and a federal minister may only give instructions to subordinate departments. Please be assured that in no way do I wish to cause your ministry to issue a forbidden instruction.

I would like to emphasise that I am not asking for any kind of favour but only my right to a clear legal answer to my question to you in my letters of 1.6.2010 page 2, paragraph 4, 24.6.2010, page 1, paragraph 1 and 22.7.2010, page 2, paragraph 6:

What can I do under the law when Austrian civil servants have until now unlawfully not dealt with my applications for approval submitted in 1976 and 1981 through breaches of procedural regulations and when these applications should be dealt with under the law in force at the time?

In order to avoid any misunderstandings here is the question I have asked four times:

What can I do as a citizen to obtain my right guaranteed under the Austrian constitution, by which according to § 27 of the Higher Administrative Court Law the authorities are obliged to decide upon an application within six months, but in my case no decision has been made in more than 30 years?

You will certainly agree with me that such behaviour is unworthy of the constitutional state of Austria.

Since this is a matter of public interest I will take the liberty of publishing this letter and your much-appreciated answer on the internet. 

Best regards,
Dr. Wassil Nowicky

P.S.
I would like to refer to my letter of 22.7.2010, page 2, paragraph 4, that Ukrain can help not only children suffering from cancer, and to paragraph 5 in the same letter that there have been unbelievably successful treatments (the case of Heidi Jakob) and also to my statement in my letter of 1.6.2010, page 1, paragraph 4, that Austrian cancer patients have suffered great harm as a result of my applications for approval not having been dealt with because due to this inaction the health insurance institutions will not cover the cost of treatment with Ukrain. In the same letter I pointed out that the passive behaviour of Austrian civil servants has a negative effect for patients throughout the world and that Austria is missing out on hundreds of millions of euros in tax revenue.

I am once again enclosing the explanations mentioned above in case you wish to take them into consideration.