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

Consequences, Legacy and Potential for Future Resilience against Populism

from Part III - Resilience at the National Level: Case Studies

Published online by Cambridge University Press:  19 May 2022

Vladislava Stoyanova
Affiliation:
Lunds Universitet, Sweden
Stijn Smet
Affiliation:
Hasselt Universiteit, Belgium
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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.

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Publisher: Cambridge University Press
Print publication year: 2022
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NCCreative Common License - ND
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/cclicenses/

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