Answer of Federal Ministry of Justice

Republic of Austria
Federal Ministry of Justice
BMJ-99001124/0001-Pr3/2010

Museumstrasse 7
1070 Vienna

Responsible official: Renate Doblinger

Dipl.-Ing DDr.Dr.h.c. Wassil Nowicky
Margaretenstrasse 7
1040 Vienna

Dear Dr. Nowicky,

As head of the department responsible for matters of legal protection the Federal Minister of Justice Mag. Claudia Bandion-Ortner has asked me to answer your letter of 1 June 2010.

Even against the background of enabling affected patients to benefit from the new preparation you have developed, I ask for your understanding that support on the part of the Federal Ministry of Justice cannot come into consideration for constitutional legal reasons.  There is no provision for responsibility of the Federal Ministry of Justice for the approval of a medical preparation.

Our constitution is based on the principle that political power must be separated in order to prevent its possible abuse. This principle of so-called separation of powers means that state functions must be separated to protect the freedom of individuals from the abuse of power by another of the powers. Thus, not only are the three powers of the legislature, the executive and the judiciary separated from each other in all instances and directives to each other forbidden but a federal minister may only give instructions to departments subordinate to him.

I therefore once again ask for your understanding that I cannot give you news better in keeping with your request. I am enclosing the documentation, study reports and the book “Krebsmittel Ukrain – Kriminalgeschichte einer Verhinderung” which you sent me.

Best regards,

Dr. Gabriele Bajons
On behalf of the Federal Minister

Electronically prepared

Bundle of enclosures