Case summaries
In direct application of Art. 15 (2) of the Reception Conditions Directive, according to which asylum applicants must be given effective access to the labour market, the requirements of the Act Governing the Employment of Foreign Nationals (AuslBG) must be modified. The non-existence of a unanimous approval by the Regional Council pursuant to Art. 4 (3) AuslBG does not preclude the granting of employment permits to asylum applicants.
The legislative prohibition on the right to work for those seeking international protection, for a period of over 7 years, does not breach the right to earn a livelihood under the Constitution, nor does it violate rights codified in the Charter of Fundamental Rights of the European Union or the right to private life under the European Convention on Human Rights.
The right to pocket money for an asylum seeker whose placement in a private address is permitted by the Migration Office because of justified reasons is part of the right to dignity. Legislation depriving a person of this right is not in line with the Constitution.
Rules on rights of applicants for international protection (Governmental Decree, Official Gazette no.64/14) determining that financial aid for asylum seekers placed in a private address is to be decreased by 50% might endanger the applicant’s right to human dignity.