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  • 11 - The Restriction of Refugee Rights during the ÖVP-FPÖ Coalition 2017–2019 in Austria

  • from Part III - Resilience at the National Level: Case Studies
  • Edited by Vladislava Stoyanova, Lunds Universitet, Sweden, Stijn Smet, Hasselt Universiteit, Belgium
  • Book:
    Migrants' Rights, Populism and Legal Resilience in Europe
    Published online:
    19 May 2022
    Print publication:
    02 June 2022, pp 280-300
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  • Summary

    This chapter analyzes the lasting impact of the 2017/2019 government coalition in Austria on the state of refugee rights. It investigates to what extent the migration policies and legal initiatives by the ÖVP-FPÖ government feature elements of democratic decay and populism. The chapter evaluates what constitutional law has done, can do and could do to keep in check, prevent and remedy such restrictions. It examines, in particular, how human rights guaranteed by the Austrian Constitution and interpreted by the Constitutional Court could provide relief. It is further suggested that a strong legal culture and support for the constitution are vital. In Austria this support is ensured by the most fundamental principles of constitutional law, which provides for a strong arsenal of legal resilience.