Chancellor Christian Stocker (ÖVP) seems to have little support in the coalition for his initiative to change the jurisprudence of the European Court of Human Rights (ECHR) in the area of migration. "I find the initiative very problematic because it ultimately undermines the credibility of supreme courts," emphasized Petra Bayr (SPÖ), chairwoman of the Foreign Affairs Committee in the National Council, to the APA.
Human Rights Court: This is What the SPÖ Says Human Rights Court: This is What the SPÖ Says Human Rights Court: This is What the SPÖ Says
27-05-2025, 09:21
After the launch of an initiative to change the jurisprudence of the European Court of Human Rights in the field of migration, the SPÖ has spoken out.
"Of course, one should be able to discuss court rulings, but ideally not publicly. The independence of the judiciary is not to be shaken for me," emphasized Bayr. The European Convention on Human Rights (ECHR) is a "cornerstone of human rights legislation." The interpretation of the convention "is reserved for the courts, especially the ECHR," she stressed.
ECHR in Constitutional Rank
Bayr is the chairwoman of the committee in the Parliamentary Assembly of the Council of Europe that holds hearings on prospective ECHR judges. In the Strasbourg court, each member country of the Council of Europe, including Austria, has a judge. The ECHR can be called upon after exhausting domestic legal remedies to decide on violations of the human rights convention. The ECHR holds constitutional rank in Austria.
Appeal to ECHR
Last week, nine EU countries called in a joint letter for a change in the interpretation of the ECHR to make it easier to deport foreign criminals. The initiative, launched by Denmark and Italy, has also been joined by Chancellor Stocker. "We should have more leeway at the national level to decide when to deport criminal foreigners," said Stocker.
The Secretary General of the Council of Europe, Alain Berset, reacted with sharp criticism to the initiative. "The court must not be used as a weapon - neither against governments nor by them," emphasized the Swiss Social Democrat over the weekend. "In a society characterized by the rule of law, no judiciary should come under political pressure. Institutions that protect fundamental rights must not bow to political cycles. If they do, we risk undermining the very stability they are supposed to ensure."
(APA/Red)
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