by EUDO CITIZENSHIP experts Joachim Stern and Gerd Valchars
On 5 February, the Austrian Ministry of the Interior officially published the government coalition’s proposal for changes to the Austrian Citizenship Act. While the Ministry considers the amendment to be a major step forward there are many key issues that have been either inadequately addressed or completely ignored.
The amendment deals with access to citizenship at birth for children born out of wedlock. Forced to change Austria’s anachronistic and discriminatory denial of citizenship iure sanguinis to children of Austrian fathers born out of wedlock after judgments by the ECtHR and Austrian Constitutional Court the proposition still upholds a differentiation between ‘legitimate’ and ‘illegitimate’ children. Only in the – most unlikely – case of the Austrian father recognizing the child before birth the child will be Austrian. In all other cases such children would have to apply for citizenship. The new regulation therefore would still be in clear contradiction to the ECtHR judgment in the Case of Genovese v Malta (Judgment of 11 Oct 2011, No. 53124/09).
Another proposed change concerns the very high and unconditional income requirements for naturalisation. Here again the Ministry reacts to a pending case before the Austrian Constitutional Court. The proposal contains exceptions for “people who are permanently not or not sufficiently able to participate in the labour market for reasons beyond their responsibility”. It remains unclear whether this regulation will go beyond cases of disability and chronic and severe diseases.
Further plans concern persons treated erroneously as Austrian citizens by public authorities. The proposal foresees that these presumptive citizens can acquire Austrian citizenship more easily than others, although only after a minimum period of 15 years of such “erroneous treatment” or after having served in the Austrian army or the alternative civilian service.
Presented by the Ministry as a major innovation, an alternative track towards citizenship will be opened for those considered to be “exceptionally well integrated”. In order to qualify for this reduced waiting period of six (instead of the regular ten) years applicants have to prove regular and stable income over the last six years, a higher level of German skills than required for ordinary naturalisation (B2 instead of B1) or at least three years of voluntary work in an association serving the common good or work in a social profession. It might be added that a similar clause already had been in force until 2006 but was abolished in the last major reform of Austrian citizenship.
Long overdue reforms such as the toleration of double citizenship in naturalisation, ius soli provisions, changes in the restrictive way of calculating the long waiting periods or a reduction of the prohibitive fees are not addressed by the document. The same applies to the very problematic and corruption-fostering provision for fast track naturalisation of investors, athletes, prominent artists and others. A recent court judgment has found that sponsorship for a third class racing car driver was a legitimate reason for granting citizenship on these grounds.
The bill is scheduled to be introduced into parliament in March and to enter into force in June.
Read the full text of the proposition (in German)
Listen to an interview with EUDO citizenship expert Joachim Stern for the public radio station Ö1 on 5 February 2013 (in German)
Watch an interview with EUDO citizenship Expert Gerd Valchars for the public TV station ORF of 5 February 2013 (in German)
Listen to an interview with EUDO citizenship Expert Gerd Valchars for the public radio station Ö1 of 6 February 2013 (in German)
Listen to an interview with EUDO citizenship expert Joachim Stern for the public radio station FM4 of 6 February 2013 (in English)
Read commentaries in the Austrian newspaper Der Standard of 6 February 2013 (in German)
and of 7 February 2013 (in German): first report, second report.
Read an interview with Gerd Valchars in Die Wiener Zeitung of 8 February 2013 (in German)
Read an interview with Joachim Stern in Profil of 10 February 2013 (in German)