Human Rights Court: This is What the SPÖ Says

SPÖ and NEOS position themselves against the initiative by Chancellor Christian Stocker (ÖVP) for a change in the ruling practice of the European Court of Human Rights (ECtHR) in the migration area. The chairwoman of the Foreign Affairs Committee in the National Council, Petra Bayr (SPÖ), described it to the APA as "very problematic," while her NEOS colleague Stephanie Krisper wrote on BlueSky on Tuesday of a "solo effort."

SPÖ: "The independence of the judiciary is non-negotiable for me"

"I find the initiative very problematic because it ultimately undermines the credibility of supreme courts," emphasized Bayr to the APA. "Of course, one should be able to discuss court rulings, but ideally not publicly. The independence of the judiciary is non-negotiable for me."

The European Convention on Human Rights (ECHR) is the "cornerstone of human rights legislation," said Bayr. The interpretation of the convention "is reserved for the courts, especially the ECtHR," Bayr stressed. She is also the chairwoman of the committee in the Parliamentary Assembly of the Council of Europe that holds hearings on prospective ECtHR judges.

NEOS speak of "solo effort"

Krisper also emphasized that the ECtHR judges based on the European Convention on Human Rights, "to whose preservation all 46 member states, including Austria, have committed themselves." "The initiative by Chancellor Christian Stocker is a solo effort. From the NEOS perspective, political calls to independent courts are out of place," emphasized the deputy NEOS club chairwoman. "Internationally undertaken obligations, which indeed have room for discretion and evolve, and the principles of the rule of law must not be shaken!"

In contrast, European Minister Claudia Plakolm (ÖVP) supported the discussion initiated by Stocker and eight EU colleagues. The asylum and migration policy only works if there is the possibility to deport criminal asylum seekers, she said on Tuesday on the sidelines of an EU ministerial meeting in Brussels. "Due to the ECHR, our hands are tied," Plakolm said, referring to the legal document that is part of the Austrian constitution.

Support for the initiative came from the FPÖ, which nevertheless accused the Chancellor's party of "double standards and hypocrisy." MEP Petra Steger (FPÖ) recalled in a statement on Tuesday that the ÖVP had also responded "with indignation and categorical rejection" to a proposal by then Interior Minister Herbert Kickl (FPÖ) to further develop the ECHR six years ago. "All the more astonishing is now the 180-degree turn of the ÖVP, which suddenly itself demands a reinterpretation of the ECHR by the courts," said Steger. The ÖVP is now shifting the responsibility to the courts because it is "too cowardly to take a clear political stance." Primarily, it is the legislator's duty to "create a clear legal framework that enables effective and consistent asylum policy."

Appeal to ECHR

Last week, nine EU countries called in a joint letter to change the interpretation of the ECHR so that foreign criminals can be deported more easily. The initiative, launched by Denmark and Italy, has also been joined by Chancellor Stocker. "We should have more leeway at the national level to decide when to deport criminal foreigners," said Stocker.

The Secretary General of the Council of Europe, Alain Berset, reacted with sharp criticism to the initiative. "The court must not be used as a weapon - neither against governments nor by them," emphasized the Swiss Social Democrat over the weekend. "In a society characterized by the rule of law, no judiciary should come under political pressure. Institutions that protect fundamental rights must not bow to political cycles. If they do, we risk undermining the very stability they are supposed to ensure."

(APA/Red)

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