Basic service agreement

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Basic data
Title: Basic service agreement
Long title: Agreement between the federal government and the federal states in accordance with Art. 15a B-VG on joint measures for temporary basic care for foreigners in need of help and protection (asylum seekers, persons entitled to asylum, displaced persons and other people who cannot be deported for legal or factual reasons) in Austria
Abbreviation: GVV
Type: Agreement according to Art. 15a B-VG
Scope: Federation - states
Legal matter: Right of asylum
Reference: BGBl. I No. 80/2004
Effective date: May 1, 2004
Legal text: idgF ris.bka
Please note the note on the applicable legal version !

The Basic Welfare Agreement - Art. 15a B-VG , in the full title agreement between the federal government and the states in accordance with Art. 15a B-VG on joint measures for temporary basic care for foreigners in need of help and protection (asylum seekers, persons entitled to asylum, displaced persons and others from legal or factual In Austria , GVV for short , is an agreement in accordance with Art. 15a B-VG . It regulates the scope and distribution of the burdens in the basic care of asylum seekers in Austria .

Contract terms

With the Asylum Act, the federal government grants asylum seekers in Austria first aid in a federal care facility . Then the asylum seekers are transferred to the jurisdiction of the federal states. The basic agreement ensures "the nationwide standardization of the guarantee of temporary basic care for foreigners in need of help and protection who are in the federal territory, within the scope of the existing areas of constitutional competence". It "should be uniform nationwide, be carried out in partnership, avoid regional overload and create legal security for the strangers concerned." (Art. 1 Objective Paragraph 1).

The agreement covers asylum seekers ( refugees who have applied for asylum), persons entitled to asylum (convention refugees with an approved asylum procedure, including rejected asylum seekers on appeal, and finally rejected until they are deported ), displaced persons (according to the EU mass influx directive or Section 29  FrG ) and other people who cannot be deported for legal or factual reasons (beneficiaries of subsidiary protection, protection against refoulement ). Also included ex officio are persons entitled to international protection (according to Section 3a AsylG) and the residence permit - humanitarian reasons according to Section 10 (4) FrG (Article 2 target group  GVV).

The agreement regulates the tasks of the federal government (Art. 3 GVV) and the tasks of the states (Art. 4):

  • the federal government operates the federal care facilities , a coordination office that also regulates the distribution of asylum seekers among the federal states, and provision capacities for dealing with accommodation shortages in the federal states
  • the federal states take on the supply of asylum seekers, including creating and maintaining the necessary infrastructure.

The asylum procedures are handled by the Federal Asylum Office . The Federal-State Coordination Council monitors the agreement (Art. 5). In addition, the establishment of a care information system was agreed (Art. 1 Para. 3, Art. 13).

The agreement also regulates the scope of universal service (Art. 6) and also guarantees compliance with Council Directive 2003/9 / EC laying down minimum standards for the reception of asylum seekers in the Member States and Council Directive 2001/55 / ​​EC of July 20, 2001 on Minimum Standards for Provision of Temporary Protection in the Event of Mass Influx of Displaced Persons. (Art. 1 Para. 2). In addition, the agreement contains special provisions for unaccompanied minor aliens (Art. 6) and for acute measures in the event of mass refugee movements (Art. 7).

The central point is also the regulation of the distribution key for the federal states, namely in “consideration of the resident population ratio” and through “annual overall assessment” (Art. 1, Paragraph 3). It also sets the maximum costs of the universal service (Art. 9) and regulates the distribution of costs (Art. 10–12): These are divided between the Federation and the Länder in a ratio of six to four (Art. 10, Paragraph 1), and likewise between the Länder according to resident population (Art. 10 Para. 2).

history

Originally, the federal government had provided for asylum seekers on its own within the framework of private business administration (until 1991 without any special legal basis, from then on according to the Federal Care Act ). In addition to general problems related to the previously unregulated matter of asylum and new provisions under European law, constitutional concerns also arose: Although aliens' police matters are generally a federal matter , the care of aliens is part of the implementation of the poor , and therefore according to Art. 12 para 1 Z 1 B-VG Competence of the states (the federal government only decides on principles).

Therefore, in 2003 the local authority agreement was reached. The government bill was passed on December 15, 2003 in the Council of Ministers, on March 24, 2004 in the National Council, on April 16 in the Federal Council, and between March and July in the state parliaments, and then announced on July 15, 2004 at the federal level. This was followed by the more comprehensive amendment to the 2005 Aliens Law Package .

Furthermore, in 2003 the Supreme Court ruled that the asylum seekers' legal right to decent care existed, which led to various court orders against the federal government. Therefore, a legal claim was explicitly excluded with this agreement (Art. 1 Para. 5): The minimum claim that Austria is obliged to fulfill under international law is only "the satisfaction of basic needs in accordance with Art. 8 ECHR " (see Paragraph 4 of Art. 8), not the extent of the basic provision, which is clearly more in line with the standard of living of Austrians. This was chosen with a view to social peace and future integration .

literature

Individual evidence

  1. ↑ This only since the Aliens Law Amendment FrÄG 2015, Federal Law Gazette I No. 70/2015.
  2. ↑ Lit. Marth 2005, entitlements from the basic support agreement. P. 16, column 2 (in pdf p. 6).
  3. ↑ Lit. Marth 2005, p. 12, column 1 (pdf p. 1).
  4. ↑ Lit. Marth 2005, p. 14, column 1 (pdf p. 4).
  5. ↑ Lit. Marth 2005, Constitutional foundations and the basic service agreement - Art. 15a B-VG , p. 12, column 2 ff (pdf p. 1 ff).
  6. ↑ Lit. Marth 2005, p. 14, column 2 (in pdf p. 4).
  7. ↑ Lit. Marth 2005, p. 12, column 1 f (in pdf p. 1).