Austria's Suspension of Family Reunification Sparks Controversy Over Legislative Changes

The Austrian government is moving forward with plans to suspend the EU directive on family reunification, which would prevent asylum recipients from bringing close family members to Austria. This decision comes after amendments were made to the asylum law, allowing the government to halt the processing of family reunification applications for six-month intervals through regulation. Subsequently, the Interior Ministry has submitted the relevant regulatory proposal for review, although unlike most legislative proposals, the feedback received has not been made publicly available.

A significant concern arises regarding the compatibility of Austria's action with EU law, which stipulates that a state can only suspend such directives in response to a situation that threatens public order and internal security. In a 49-page justification for this regulation, the Interior Ministry cited various issues, including educational sector overload, rising crime rates, antisemitism, and diminished self-sufficiency among affected migrant groups. The ministry argued that there are no viable alternatives to suspending the directive.

However, this reasoning has drawn sharp criticism from several Austrian NGOs, including Caritas, Diakonie, and Asylkoordination, who argue that the justifications are exaggerated and fail to warrant a state of emergency. Legal experts, including those from Asylkoordination, have pointed out significant flaws in the Ministry's calculations regarding the potential influx of new family members. They challenge the figure of 26,400 individuals projected to arrive, asserting that the methodology used to arrive at this number is fundamentally flawed. The calculations assume that every asylum seeker from the past three months would bring three relatives, which does not reflect actual trends. A more realistic assessment suggests a maximum of 9,900 individuals, accounting for unlikely scenarios where negative decisions on asylum applications are reversed.

Maria Katharina Moser, the director of Diakonie, acknowledged the reality of overcrowding in certain schools but emphasized that this is an issue best addressed through educational policy rather than undermining the fundamental right to family life. Moreover, she highlighted that the special funds allocated for educational integration of migrant children have not been fully utilized, as evidenced by a parliamentary inquiry revealing that only 62% of the available positions for supporting children from Ukraine and those arriving through family reunification were filled.

NGOs are particularly hopeful that judicial review will deem the proposed regulation invalid, positing that there are indeed alternative measures to enhance the situation, such as implementing residency requirements that would facilitate a more balanced distribution of migrants across different states. Looking ahead, the regulation is expected to take effect on July 1, which may lead to subsequent legal challenges up to the highest courts in Austria. Additionally, the Austrian migration commissioner, Magnus Brunner, may face the EU Commission regarding potential violations of EU law, though NGOs consider this unlikely.