National Council: Reorganization of legal advice for asylum seekers is coming

VfGH ruling made it necessary to change the law, FPÖ against government draft

Vienna (PK) The Greens and ÖVP have introduced a change in the law that is intended to ensure the independence and freedom of instruction of the legal advisors of the Federal Care Agency (BBU) as required by the Constitutional Court. Although at the National Council meeting While all opposition parties criticized the fact that there was no review period, NEOS and SPÖ agreed to the change. Disaster protection agreements with Serbia and Georgia were unanimously approved. In addition, a broad information offensive to protect children and young people is to be carried out against radicalization on TikTok.

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 protection against dismissal and dismissal for legal advisors will be strengthened. A quality advisory board should also become legally binding.

In the National Council, the coalition partners, SPÖ and NEOS, were consistently pleased with the BBU’s success in providing legal advice to asylum seekers. While Ernst Gödl (ÖVP) pointed out the “many objections and negative sentiments of the opposition parties” when the BBU was set up by the ÖVP and FPÖ in 2019, Christian Oxonitsch (SPÖ), Georg Bürstmayr (Greens) and Stephanie Krisper (NEOS) referred to this , that the basic criticism at the time was that the legal advice of asylum seekers was not guaranteed. The VfGH ruling confirms her criticism. Bürstmayr also emphasized that Justice Minister Alma Zadić had drawn up a framework agreement that guaranteed independence. According to the Green Party mandate, the Constitutional Court said, “We like the contract, write it into a law.” This has been prepared for a long time in consultation with the BBU, NGOs and stakeholders. He was pleased about the approval from four parties that had already been announced in the committee. Christian Oxonitisch (SPÖ) also used the opportunity to address a problem facing the BBU that was pressing for him: the lack of custody rights for unaccompanied minor refugees from day one. “There has been an approved motion for a resolution for two years, but nothing has been done yet,” regrets the SPÖ MP. Due to, among other things, the uncared for children and young people, Stephanie Krisper (NEOS) was “not in a celebratory mood” despite the welcome repair of the legal advice. Basic services continue to be dysfunctional, procedures take far too long at over two years and asylum seekers who are wanted as skilled workers are deported, she criticized the coalition’s work.

The FPÖ did not speak in the plenary session, and the Freedom Party did not approve the draft law during the vote.

Civil protection agreement with Serbia and Georgia

In order to ensure a legal basis for assistance in the event of natural or technical disasters, Austria has concluded disaster assistance agreements with several countries. Now the coalition has drawn up state contracts for such a thing Agreement with Georgia and a Agreement with Serbia before. Andreas Minnich (ÖVP) explained that aid must be placed on a solid bilateral and legal basis in order to enable quick and unbureaucratic help. Among other things, the agreements include making it easier to cross borders, compensation and compensation or the use of vehicles. Petra Wimmer (SPÖ) emphasized that it was good to conclude such agreements in advance, as floods like those in Serbia and Croatia in 2014 would also have to be expected in the future. FPÖ National Councilor Werner Herbert agreed. Austria could make an important contribution in the event of a disaster. David Stögmüller (Greens) emphasized that developing comprehensive disaster protection is an important part of any climate and security policy. Since disasters are increasing due to the climate crisis, it is important to think in solidarity in the fight against the crisis, said the Green MP. The state treaties were accepted unanimously.

“Truthfluencing” against radicalization on TikTok

A motion for a resolution by the governing parties for a “multidimensional awareness offensive” to protect children and young people from radicalization on TikTok was approved by a majority without the FPÖ’s votes. This ” Truthfluencing “-Offensive should include formats in language suitable for young people as a “counter-movement to disinformation” and strengthen media education. A committee of experts under the leadership and coordination of the “Nationwide Network for Extremism Prevention and Deradicalization (BNED)” is intended to launch the offensive. An interim report on the The first measures must be submitted to the National Council for further debate by the end of September 2024.

The truth is flexible, said Christian Ries (FPÖ). The question therefore arises as to who sets the boundaries as to what is truth and what is disinformation. Radicalization online is a problem, but “truthfluencing” is not the right approach, said Ries. From his group’s point of view, those who call for a violation of the law against the state and the constitution on a media channel should be held responsible, as should the platform that makes this possible.

Eva-Maria Himmelbauer (ÖVP) said that this “very sensible” proposal should be an important step towards de-radicalization. Because social media has a great influence on people and at the same time is subject to constant change and is becoming more and more professional. Measures are therefore needed to show how radicalization works. She sees it as far too late to only take action when it becomes criminally relevant.

The Digital Services Act (DSA) regulates social media, but accompanying measures are urgently needed, said Katharina Kucharowits (SPÖ) and described “truthfluencing” as “important”. Everything must be done to defend democracy. Deepfakes that manipulated elections must also be dealt with aggressively, she demanded.

TikTok is a “radicalization machine” on the Internet, said Georg Bürstmayr (Greens). The algorithm is “extremely sharp” and shows users more and more similar content that is becoming increasingly sharper. Claims that are clearly nonsense but could cause great harm must be countered, he emphasized. Barbara Neßler (Greens) pointed out that polarizing and extreme statements could quickly radicalize young men in particular. A counter-movement to disinformation is therefore needed, because social media should not be left to “racists, misogynists, homophobes and other swearers,” said Neßler.

Henrike Brandstötter (NEOS) emphasized that two “technology complexes” are currently moving towards each other. These are TikTok and generative artificial intelligence in the area of ​​“Text to Video”. This development marks the beginning of a “new era of video creation” because “fake reality” can be created with it. Your group agrees with the proposal for the “Truthfluencing” offensive, even if it lags behind these “technological leaps”.

Social media brings dangers because it is deceptive and manipulation is difficult to see through, said non-attached MP Pia Philippa Beck. Therefore, children and young people must be “offered the best possible protection”. The “Truthfluencing” motion is therefore worth supporting, said Beck. (National Council continued) map/bea

NOTE: Meetings of the National Council and the Federal Council can also be followed via live stream and are available as video-on-demand in the Parliament’s media library available.


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