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 Tuesday on BlueSky of a "solo effort."

SPÖ: "For me, the independence of the judiciary is non-negotiable"

"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 with the courts, but ideally not publicly. For me, the independence of the judiciary is non-negotiable."

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 ECHR judges based on the European Convention on Human Rights, "which all 46 member states, including Austria, have committed to uphold." "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.

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. Chancellor Stocker also joined the initiative started by Denmark and Italy. "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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