Monday , June 21 2021

Minimum Income Guarantee: The European Court of Justice ruled against the above Austrian model



Minimum Income Guarantee: The European Court of Justice ruled against the above Austrian model

LINZ. The federal government wants to present a national law next week


Minimum Income Guarantee: The European Court of Justice ruled against the above Austrian model

The bad news of the European Court of Justice for the Black and White Coalition Picture: Alexander Schwarzl

The Court of Justice of the European Communities (ECJ) in Luxembourg yesterday overturned the upper Austrian model for the protection of minimum income. In particular, the Judges of the Court came to the conclusion that the provision in which asylum-seekers with a limited duration of less-guaranteed income from permanent asylum seekers and Austrian citizens infringe EU law.

The Afghan family, affected by this legislation, filed an appeal. The Landesverwaltungsgericht forwarded the matter to the Court of Justice for clarification. Legal experts have had considerable doubts in the drafting of the law in the National Assembly, regardless of whether it will be before the SES. These doubts have now been confirmed.

The above Austrian model was always considered a model of the federal government, which has long been announcing uniform regulation throughout the country. This coming week will come and a new ministerial session will present a new minimum security legislation. It will take into account the judgment of the Court of Justice of the European Communities on the model of Upper Austria and submit a constitutionally harmonized system, announced Minister of Social Affairs Beate Hartinger-Klein (FP).

Upper Austria SPÖ and Greens, who voted against the canceled bill, were confirmed yesterday. Social Affairs Advisor, Birgit Gerstorfer, criticized the scheme, which caused "a huge bureaucracy". "The irregularity was postponed," Gerstorfer said.

For the green public speaker in the State Parliament, Stefan Kainer, "ÖVP and FPÖ are now facing the shifts of their symbolic policy." In the subcommittee of the National Parliament, we had four legal experts who were visiting the subcommittee of the National Assembly, all of whom said that this rule would not or would not be a problem. "

This topic also covered OÖN-TV yesterday's broadcast:

"Against the reason"

Observe the decision of the European Court of Justice, the yesterday's response to ÖVP and FPÖ in Upper Austria. "However, we are still on our reform and a greater incentive for work and performance," said Wolfgang Hattmannsdorfer, Director of State Wolfgang Hattmannsdorfer and the liberal head of the Landtag Club, Herwig Mahr, in a joint statement. But at least the stimulus was given for the Austrian regulation to be adopted, according to Hattmannsdorfer.

Much more critical was the response of FPÖ Landesty Chief LH-Stv. Manfred Haimbuchner: The Court's assessment was "a decision against a reason". You can also see that the EU is developing in the wrong direction. Haimbuchner spoke about "social democratization of the EU".

No additional requests

The judgment of the Court of Justice of the European Communities has legally binding consequences. The national administrative court announced that it would decide "quickly" after receiving the judgment of the ECJ. The minimum guaranteed minimum income for temporary asylum seekers is annulled. According to the social councilor Birgit Gerstorfer (SP), 383 people are affected in Upper Austria. Now you have to contact and submit a new minimum income claim. There is no legal claim for additional payments due to the previously under-mining guaranteed minimum income.

Minimum income – data and facts

According to Austria's Statistics, 307,853 people were covered with a minimum income in Austria – 320 more than in 2016. Most recipients of minimum income – 63% – live in Vienna.

In Upper Austria there are currently 12,914 recipients of minimum incomes, according to the Social Ministry of the country. New regulations on minimum income apply from July 2016 in Upper Austria: temporary asylum seekers and beneficiaries of subsidiary protection (who have to apply for an extension of stay annually) receive only EUR 560 net monthly (365 EUR for meals and stay, 155 EUR for integration bonus, 40 euros pocket money). Approximately 590 people have been affected by these cuts – of which, according to the social counselor Gerstorfer, 383 are temporary asylum seekers. The standard minimum income for individuals is EUR 921.30. From 2017, the upper limit for households is 1512 euros per month.

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