Initiatives for inspection

Any person who believes that irregularities have occurred in the implementation of regulations within the competence of the Inspectorate for the Environment and Energy (IRSOE) may submit an initiative for inspection/report.

An initiative/request for inspection is not a request to initiate an inspection procedure, but is the basis for the authority's potential decision to initiate an inspection procedure.

At the Inspectorate for Environment and Spatial Planning, all initiatives/reports are registered and classified according to the criteria laid down in the IRSOE's internal act.

Criteria for prioritising IRSOE inspections

The decision on which initiative for inspection/report to prioritise is based on its ranking according to the aforementioned criteria. Priority is given to initiatives for inspection/reports which show that there is a threat to human health and life, public safety or property of significant value (urgent measures in the public interest, where an oral decision is also justified - Article 144 and Article 211 of the General Administrative Procedure Act (ZUP)).

Initiation of inspection procedure

Inspectors initiate inspection procedures exclusively ex officio. The Inspectorate's judgement is decisive in deciding whether to initiate an inspection procedure, based on the circumstances of the individual case or the content of the individual initiative/report.

The person who initiated/requested an inspection procedure is not a party to the procedure, but has the right to be informed whether an inspection will be initiated and of the findings of the inspection, if he/she so requests in his/her petition.

Inspectors are obliged to protect the secrecy of the sources of a report and sources of other information on the basis of which an inspection is carried out.

Carrying out inspections

Inspection is the control of the implementation of or compliance with laws and other regulations and it is carried out by inspectors and officials with specific powers and responsibilities.

Inspectors are independent in the performance of their inspection tasks within the limits of the powers conferred on them by the substantive and procedural rules. Inspectors have the autonomy to decide which legally admissible actions to take in proceedings and which evidence to use. We also have the autonomy to impose measures within the framework of the substantive provisions. Where several possible measures are available, inspectors have the autonomy to decide, taking into account the principle of proportionality, on the appropriate measure in the light of the factual situation established.

Inspection is regulated in more detail by the Inspection Act, which sets out the general principles of inspection, the organisation of inspectorates, the position, rights and duties of inspectors, the powers of inspectors, the inspection procedure, inspection measures and other issues related to inspection.

Areas of inspection

Transport and energy

Road, rail, air, maritime transport, infrastructure, passenger cableways, passenger transport, energy supply, renewable energy sources, energy efficiency, petroleum products.

Energy sector

Energy supply, renewable energy, energy efficiency, energy saving, energy renovation of buildings, reduction of greenhouse gas emissions.