Friday , July 30 2021

Minimum Income Guarantee: The EC Court rejected the Upper Austria model

Minimum Income Guarantee: The EC Court rejected the Upper Austria model

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

Minimum Income Guarantee: The EC Court rejected the Upper Austria model

Bad news from the European Court of Justice on the Black and Blue Coalition Image: Alexander Schwarzl

The European Court of Justice (ECJ) in Luxembourg yesterday overturned Upper Austria's minimum income protection model. In particular, the judges of the European Court of Justice have come to the conclusion that the provision that asylum seekers with a limited period of time have less guaranteed income than permanent asylum seekers and Austrian citizens violate EU law.

An Afghan family affected by this legislation has filed a complaint. The Landesverwaltungsgericht referred the case to the Court of Justice for clarification. The legal experts had considerable doubts in the preparation of the law in the state parliament, whether they would appear before the Court of Justice of the European Communities. These doubts have already been confirmed.

The Upper Austrian model has always been seen as an example of the federal government, which has long declared a national uniform legal framework. This coming week, the time has come, and the new minimum security law will be presented to the Council of Ministers. He will take into account the decision of the SEA on the Upper Austria Model and will present a constitutionally compatible scheme, said Social Affairs Minister Beate Haringer-Klein (FP).

Upper Austria SPÖ and Greens who voted against the revoked bill were confirmed yesterday. Social Affairs Councilor at Birgitter Gerstoffer has criticized the scheme as leading to "huge bureaucracy." "The injustice was postponed," Gerstoffer said.

For the Green Social Speaker in the State Parliament, Stefan Kainder, "ÖVP and FPÖ face the devastation of their symbolic politics." We had four legal experts as guests in the subcommittee of the state parliament, and everyone said that this rule would not be difficult or not.

This topic was also included in the broadcast yesterday by OÖN-TV:

"Against Reason"

Pay attention to the ruling of the Court of Justice of the European Union, so that the ÖVP and the FPÖ yesterday's reaction in Upper Austria. "But we are still in our reform and for more work and incentives to carry out the work," said Vice President Wolfgang Hattandsdorfer and the liberal chief of Landtag Hervig Mahr in a joint statement. But the slightest impetus for an Austrian regulation is to be adopted, according to Hattandsdorfer.

Much more critical was the reaction of the FPÖ Landesty LH-Stv Chief. Manfred Heimbuchner: The SEA decision is "a solution against reason". You can also see that the EU is evolving in the wrong direction. Heimbuchner talks about "EU social democratization".

No additional claims are possible

The ECJ ruling has legally binding consequences. The State Administrative Court has announced that it will take a decision "swiftly" after receiving the judgment of the Court of Justice. The lower guaranteed minimum income for temporary asylum seekers is abolished. According to Social Counselor Birgit Gerstorfer (SP), 383 people are currently affected in Upper Austria. You must now contact us and submit a new application for a minimum income. From a legal point of view, it is not possible to require additional payments due to the previous too low guaranteed minimum income.

Minimum Income – Data and Facts

According to Austria, 307 853 persons were covered by a minimum income in Austria in the previous year – 320 more than 2016. Most of the recipients of minimum income – 63% – live in Vienna.

Upper Austria currently has 12,914 recipients of minimum income, according to the state social ministry. As of July 2016, new minimum income rules apply in Upper Austria: temporary asylum seekers and beneficiaries of subsidiary protection (who have to apply for an extension of their stay each year) receive only € 560 net monthly (€ 365 per meal and living , 155 euros for integration, 40 euros for pocket money), About 590 people are affected by these redundancies – of which, according to the German Social Welfare Counselor Gerstoffer, 383 temporary asylum seekers. The normal minimum income for individuals is € 921.30. From 2017 there is a ceiling for households of 1512 euros per month.

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