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Austria: Aliens & EU Assoc. agreements

01 July 1995

When Austria joined the EU it undertook to comply with a whole series of Association Treaties between the EU and Algeria, Morocco and Turkey. However, a government spokesperson has said that Austria needs more time to amend its Aliens Law. In an article in the magazine Juridikum Sepp Brugger, Adviser to the Green Party in the Austrian parliament, says it is alarming how little government ministries know about the regulations due to be enforced. As one of the purposes of the Association Agreement with Turkey is to realise the free movement of workers the Austrian Law on the Employment of Aliens needs to be amended to allow them free access to the labour market after four years employment and for family members after five years residence. Similarly the Aliens law needs amendment to allow those with access to the labour market also to have the right of residence. The only limitation on this being on grounds of public order, internal security or health on which the European Court of Justice has ruled. The court says that these grounds for refusal of residence are only justified when a genuine and significant serious threat to society can be proven. Nor could aliens be deported or refused residence on "preventative" grounds or for inaccuracies when filling in forms on entry to the country or applying for residence. Juridikum, no 3, 1995, Vienna.