Vienna renews the state of emergency related to immigration and considers family reunification a growing threat
The Austrian government has decided to extend the suspension of family reunification for refugees for an additional six months, considering that the country is still in a state of emergency related to immigration. The decision, approved by the Cabinet, allows for the continuation of an exceptional decree that suspends a fundamental right guaranteed by EU laws and the Austrian constitution, which is the right of refugees to reunite with their families.
Vienna justified this measure based on an exceptional clause in the European Union treaties that allows member states to suspend certain obligations if public order or internal security is threatened. According to the government's interpretation, family reunification, particularly for those coming from Syria and Afghanistan, has put significant pressure on the education sector, labor market, and social security systems.
The government pointed out that schools and kindergartens in several cities have reached their maximum capacity. In Vienna alone, there are about 17,000 children in need of language support in German, while resources are only available for about half that number. It also noted that a large percentage of students in cities like Vienna (Wien), Wels, and Linz do not use German as their daily language.
In terms of the labor market, the government relied on data showing that the unemployment rate among Syrians, Afghans, and Iraqis reached 31.3% in 2024, which is more than four times the national average. It noted that the lack of educational qualifications and the difficulty of integrating women into work programs increase the pressure on public systems. It also mentioned that about one-third of social assistance beneficiaries in Austria come from a refugee background, along with higher dropout rates from vocational education among youth from these groups.
On the security front, the government stated that the impact of family reunification on crime rates may become clearer in the coming years, while also noting that Syrians, Iraqis, and Afghans accounted for 6.5% of criminal convictions in 2024, despite their proportion of the total population being only 1.83%.
The decision sparked a wave of legal criticism, as constitutional law experts questioned the sufficiency of this data to justify declaring a state of emergency. They warned that restricting fundamental rights through an administrative decree is a highly dangerous measure, especially in the absence of a clear definition of the concept of 'threat to public order.' They also pointed out that the government did not clarify what practical measures it had taken over the past six months to address the situation, which led to appeals being filed with the Federal Administrative Court (Bundesverwaltungsgericht), making the future of this suspension a subject of ongoing legal debate.