Expanded powers for the police and repairs to legal advice for asylum seekers approved
Vienna (PK) – Higher cost rates will be granted retroactively to January 1, 2024, for the care of particularly vulnerable refugees such as unaccompanied minors or people in need of help and protection. The Federal Council Today the majority gave the green light for a corresponding basic service agreement between the federal and state governments. ÖVP, SPÖ, Greens and Interior Minister Gerhard Karner saw this as a necessity, especially given the rise in prices. Only the FPÖ opposed it, among other things because they feared that the additional funds could have a “magnetic effect” on other people seeking protection.
The majority of MPs also spoke out in favor of a constitutional amendment that aims to provide more legal certainty for municipalities in the area of spatial planning. This authorizes the states to adopt state regulations that enable municipalities to link land zoning to contractual requirements. Here too, the Freedom Party was particularly critical, as they see this as a “disproportionate interference” with property rights. The ÖVP, SPÖ and the Greens, however, emphasized the priority of the public interest.
There was also majority approval in the state chamber for an amendment to the Security Police Act (SPG), which grants the executive more powers for searches and surveillance, and a change in the law to repair legal advice for asylum seekers by the Federal Care Agency (BBU) as a result of a decision by the Constitutional Court (VfGH). On the latter, the SPÖ submitted a motion for a resolution aimed at the comprehensive implementation of the Integration Year and the Integration Year for Youth. This remained in the minority.
Finally, unanimously and without debate, two voted Disaster relief agreement with Serbia and with Georgia their last parliamentary hurdle.
Increasing the cost rates for vulnerable protection seekers
The maximum cost rates for basic care for strangers in need of help and protection contained in the 15a agreement concluded in 2004 were last increased in 2022. The cost rates for vulnerable groups such as unaccompanied minor strangers and strangers in need of help and protection in special accommodation or special care were not affected. In order to secure their supply against the backdrop of rising prices, they are now being provided with an additional agreement elevated. For example, a cost reimbursement of €112 per day is now provided for special accommodation for people in need of care as well as for the accommodation, food and care of unaccompanied minors. If the minors are accommodated in facilities commissioned by child and youth welfare, the rate increases to €130.
According to explanations of the agreement, as of April 26, 2024, around 74,800 people were in basic care, 73,100 of them in basic care in the federal states, including 1,337 unaccompanied minor strangers and 618 strangers in need of help and protection in special accommodation and special care.
The only party that opposes the “madness” of increasing the cost rates is the FPÖ, stated its Lower Austrian Federal Councilor Andreas Arthur Spanring. Lower Austria proves that money has a “magnetic effect” on asylum seekers: With the introduction of payment cards instead of cash, asylum seekers would already be leaving the state, Spanring reported. In addition, the agreement is “irresponsible” towards taxpayers, who are barely able to make ends meet due to rising prices, and a “blatant injustice” towards Austrian children and people with disabilities, who have to get by with far less support than the refugees. According to Spanring, those who really need protection no longer have “a chance” in Austria, as the country is being “flooded” with economic refugees, which Interior Minister Gerhard Karner and the “left-wing ÖVP” are pushing forward. The FPÖ, on the other hand, sees the “key to happiness” in “remigration,” as Spanring’s Tyrolean parliamentary group colleague Christoph Steiner added.
The accommodation and care of vulnerable people seeking protection is particularly cost-intensive, explained Ernest Schwindsackl (ÖVP/St). Therefore, the conference of state refugee representatives would have unanimously called for the increase in the maximum cost rates in question – including that of the FPÖ. With the rejection of the agreement based on this in the National Council and Federal Council, the Freedom Party now showed their “true face,” said Schwindsackl and accused them of “agitation,” “pretense” and “social refrigerator temperature.” It was not the asylum seekers who received more money as a result of the agreement, but rather the facilities that would accommodate and look after them.
Interior Minister Gerhard Karner also referred to the unanimous decision of the State Refugee Representative Conference. Contrary to this, one could also be of the opinion that the facilities could get by with the current resources, but one must remember that it is not just about supply. In particular, investing in the care of unaccompanied minor refugees is also an investment in security, says Karner. These need “daily structure and leadership”. In addition to pushing back illegal migration, this is also crucial in terms of security policy.
When the FPÖ hears “asylum”, it puts on the “blinders” and even “stabs” its own state representatives in the back, said SPÖ mandate Michael Wanner from Salzburg against the Freedom Party. Increasing the maximum cost rates is “important and right”. The alternative would be to “dismiss” those seeking protection and the institutions that look after them. However, Wanner criticized the implementation of the agreement, which had already been decided by the Council of Ministers on May 29th of this year, but was only presented to the National Council by a deadline on July 4th. In Wanner’s opinion, this should have happened faster. In addition, the increase would not have been necessary if the federal government had done something about the “record inflation” in Austria.
On behalf of the Greens, Claudia Hauschildt-Buschberger from Upper Austria emphasized the need to increase the maximum cost rates, which has only happened three times in the 20 years since the basic service agreement was passed. With the available funds it has recently been hardly possible to ensure the accommodation and care of particularly vulnerable groups. Hauschildt-Buschberger advocated that the real cost model, which is in the pilot phase in Vienna, be rolled out across the entire country if successful.
Spatial planning: Amendment to the constitution is intended to increase legal certainty
With a Constitutional amendment The ÖVP and the Greens want to expressly authorize the states to adopt state law provisions in spatial planning matters that provide for the conclusion of a civil law contract as a prerequisite for zoning by municipalities or other sovereign acts. The aim is to increase legal certainty in the area of contractual spatial planning and, for example, to enable municipalities to tie zoning to certain conditions.
For Klemens Kofler (FPÖ/N) this represents a disproportionate interference with property rights, which also opens the door to political arbitrariness and “friendship”. Legal protection for individuals will become more difficult and applicants will be open to blackmail, as a mayor could threaten to reassign the property. This comes close to expropriation, said Kofler. Such cases already exist and the current amendment legalizes such an approach.
Kofler is insulting countless ordinary mayors and community officials, countered Klara Neurauter (ÖVP/N). The contractual spatial planning is already standardized by law. The amendment is simply a legal clarification regarding the linking of land zoning to civil law contracts and the specification of the spatial planning options of municipalities. According to Neurauter, the change in the law was also desired by the states and municipalities, for example to enable new forms of construction and settlement policy through which more affordable housing could be created.
The public interest must have priority, emphasized both Neurauter and Elisabeth Kittl (Greens/W). Ownership of land does not mean being able to trade with it without restrictions, said Kittl, opposing the FPÖ’s argument. In addition to affordable living space, space for climate protection measures and active mobility must also be secured. FPÖ Federal Councilor Kofler spoke of “communism” in this context.
Michael Wanner (SPÖ/N) also emphasized the justice aspect of the constitutional amendment. If grassland is converted into building land as part of a sovereign act, this alone leads to a strong increase in the value of the property, from which only the owner benefits. It is therefore fair if the “public sector” sets the condition that part of the property must be used to create affordable housing.
More powers for the executive branch
With a Amendment of the Security Police Act The police receive additional powers, which include expanded options for searches and surveillance. Specifically, the use of license plate recognition devices, which was overturned by the Constitutional Court (VfGH) in 2019, will be reintroduced and special search orders will not only be possible at major events, as was previously the case, but in the future also at “particularly dangerous” facilities. In addition, the exchange of information on criminal justice within and outside the authorities is to be modernized.
Repairing legal advice for asylum seekers
A decision by the Constitutional Court in December 2023 made it necessary for the BBU to restructure legal advice for asylum seekers. A corresponding one Initiative application presented by the coalition parties Greens and ÖVP. A separate legal advice division will be set up in the BBU and the protection against dismissal and dismissal of legal advisors will be strengthened. A quality advisory board is also legally binding. (Continuation Federal Council) wit
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