Difficult to implement

Doskozil’s initiative in the asylum dispute: counterattack from Vienna

Asylum applications have fallen sharply recently. Nevertheless, the refugee issue remains an important one in political discourse.

(Bild: picturedesk.com/HELMUT FOHRINGER/APA)

Hans Peter Doskozil (SPÖ), the head of Burgenland, introduces laws on upper limits and basic security in the debate on immigration. However, these are likely to be difficult to implement, according to the counterattack from Vienna.

Hans Peter Doskozil sent his best wishes to the federal government via "Krone" to install his asylum plans as well. The government is failing. In Burgenland, a basic welfare cap was defined - for 330 people.

Work, otherwise there is a threat of withdrawal of basic care
In addition, a law will be passed in December that provides for community service for asylum seekers. Failure to comply could result in the withdrawal of basic welfare support. Doskozil is also calling for an upper limit of 10,000 asylum applications per year for the federal government.

The Ministry of the Interior counters: the federal model of community service has been in place since July, Vorarlberg has already implemented compulsory work for asylum seekers and Upper Austria is about to do so.

"An attempt to keep the campaign going"
 "Burgenland could have started implementing this earlier and not just now during the pre-election campaign", according to Gerhard Karner's (ÖVP) ministry. Elections will be held in Burgenland in January. Asylum law expert Lukas Gahleitner-Gertz suspects populist reasons behind Doskozil's action. "In view of the massive drop in the number of applications, this is a rather embarrassing attempt to keep a campaign going that is unlawful from the outset."

Innsbruck law professor Walter Obwexer also considers the upper limits to be contrary to European law. This is because a demonstrable threat to public order or security is required. Proving this is very difficult and does not currently apply to Austria.

However, what Burgenland is planning is not legally feasible.

Rechtsprofessor Walter Obwexer zur Arbeitsverpflichtung

"Legally unenforceable"
 Community service in connection with the withdrawal of basic services is also "window dressing". After all, the last point in the Burgenland draft law is that a decent life and healthcare must be guaranteed despite everything. That is nothing more than a kind of basic care. "But what Burgenland is planning is not legally feasible."

In addition, a work obligation is prohibited by the Convention on Human Rights. "That's why the federal government is doing it differently. Everyone who does community service receives additional pocket money. Anyone who doesn't doesn't. It is only legally possible with an incentive system."