Analysis of the Constitutional Court’s decision on legal advice for refugees in Austria
The legal basis for the legal advice provided by the BBU-GmbH was recently repealed by the Constitutional Court (VfGH). In an article for the Blog Asyl, Adel-Naim Reyhani interprets the decision of the Constitutional Court and discusses possible implications.
Legal advice for refugees in Austria is facing a turning point. The Constitutional Court (VfGH) in its ruling of 14 December 2023 repealed the existing legal basis for the work of the Federal Agency for Reception and Support Services (BBU GmbH). This step marks a significant moment in the organization of legal advice for refugees, particularly as regards its independence from the Federal Ministry of the Interior.
The paradigm shift in the organization of Austrian asylum legal advice implemented by BBU GmbH has been under criticism since its establishment due to the strong influence of the Federal Ministry of the Interior. Against this background, measures to strengthen independence and freedom from instructions were agreed in a framework agreement.
However, the Constitutional Court has now ruled that the existing arrangement is in conflict with Article 47 of the EU Charter of Fundamental Rights, which, among other things, provides for the right to a fair trial. According to the Constitutional Court, contractual provisions are not sufficient – rather, safeguards must be specified by law.
In this blog post, Adel-Naim Reyhani, Senior Reseacher in the Programme Line “Asylum and Migration” at the Ludwig Boltzmann Institute of Fundamental and Human Rights (LBI-GMR), interprets the key statements of this decision and highlights possible implications.
