Austrian legal system has no special provision concerning free legal assistance for victims of racist acts or of racial discrimination.

In principle asylum applicants are entitled to federal assistance for food, shelter, and medical care (provided that a person's identity can be determined). However, the Federal Care Provisions Act specifically states that there is no corresponding legal right for applicants. The result is that asylum applicants denied assistance have no legal recourse.

More

Austrian legal system has no special provision concerning free legal assistance for victims of racist acts or of racial discrimination.

In principle asylum applicants are entitled to federal assistance for food, shelter, and medical care (provided that a person's identity can be determined). However, the Federal Care Provisions Act specifically states that there is no corresponding legal right for applicants. The result is that asylum applicants denied assistance have no legal recourse.

Under the Schubhaftbetreuung program, the Minister of the Interior retains a limited number of refugee advisors, drawn primarily from NGOs, to visit jails to provide information to detainees about legal proceedings. They are not authorized to provide legal assistance, however, but rather to refer asylum seekers to NGOs that do so. Lawyers reportedly have limited or no access to their detained clients. Most jails allow two to three visits per week during specific hours, while some prohibit all such contact.

Before entering court proceedings a person may seek legal advice in order to examine the chance of success of a possible future claim. Legal advice free of charge is provided on a regular basis by district courts (in general twice a week during fixed hours) or by the Austrian bar association.

As soon as the decision is taken to plead a case in court, a party without sufficient financial means may apply for legal aid. There is a financial ceiling according to the income, assets and the maintenance obligations of the applicant. Legal aid is only granted, if the applicant is not able to bear the costs of the proceedings without endangering the minimum subsistence in order to allow a simple standard of living. Legal aid is granted in all civil and commercial court proceedings without any requirement of nationality or residence. There is no difference made between nationals or foreigners, residents or non-residents.

If an application for work permit is rejected by the Arbeitsmarktservice (Labor Market Service), there is a two-week period from delivery during which an appeal can be lodged. In the case of a Beschäftigungsbewilligung (Restricted Work Permit), this is the responsibility of the employer. If the appeal is also rejected, the applicant has six weeks from delivery in which to lodge an appeal with the constitutional or administrative court. In proceedings before the highest courts the person required to be represented by an attorney and there is a fee for lodging the appeal. For those who cannot afford this, an application for legal assistance can be filed. For this it is necessary to submit a detailed statement of one’s assets. If legal assistance is approved, the fee is no longer applicable and the Chamber of Lawyers appoints a legal assistant free of charge. The application for legal assistance, which must also be lodged within six weeks, interrupts the period in which the appeal is to be lodged. This means that the 6-week period begins anew with the delivery of the decision on the legal assistance application. Article 94 of the Aliens Act limits the possibilities of appeal (FrG. Art. 94).

Regardless of their nationality, all employees in Austria belong to a legal body representing their interests, primarily the Arbeiterkammern (workers' chambers). Members have the right to legal advice and legal protection in labour and social matters. In particular, the chambers must provide legal protection for their members without regard to their financial circumstances by providing legal representation in labour-related and social matters. This is provided by officials or staff of the chambers or by providing and paying for lawyers. If the case is lost, the chamber also meets the opponent's costs.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

Hide