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Access to Justice

Our analysis of the issues of migration and asylum focuses on a rights-based approach. Non-EU citizens are often subject to special legal provisions, which regulate access to the territory of the Republic of Austria, the conditions for granting and renewal of residence and working permits, and the implementation of measures terminating their right to legally stay in Austria. In addition Non-EU citizens are denied rights which are accessible by Austrian and EU-nationals. The unequal treatment between Austrian and foreign nationals is even allowed for by the Austrian Constitution and the jurisdiction of the Constitutional Court.

We analyse the effects of discrimination and the lack of access to the law on the quality of the lives of migrants and asylum seekers. 

Seminars for Legal Practitioners and the Charter of Fundamental Rights

In the framework of the project Judging the Charter the BIM is organising several seminars for legal practitioners.

Two basis trainings for judges on the Charter and its application in judicial have been held on 25.04.2017 in Wels and on 11.05.2017 in Vienna by the BIM in cooperation with the Federal Ministry of Justice.

Further seminars will be conducted on more specific issues of

The Charter and its application in practise - possibilities of application in concrete in the field of equality on 24.04.2018

Working Conferences - The Charter of Fundamental Rights and its Application in Judicial Practice

Two Working Conferences have been organised in the framework of the project Judging the Charter in 2017. Both Conferences targeted judicial practitioners and aimed at providing platforms for the exchange of experience on questions of applicability and the challenges of implementing Charter rights in practice.

A first Working Conference on 29/30 March 2017 in Vienna was organised by the BIM in cooperation with the Federal Ministry of Justice.

The conference addressed the following issues:

Judging the Charter

The Charter in judicial practise with a special focus on the case of protection of refugees and asylum seekers

The project Judging the Charter, having started in September 2016, aims at increasing competencies of judges and other legal professionals in relation to the Charter of Fundamental Rights of the European Union, in particular at sharing knowledge, how judiciary and academia are interpreting crucial questions relating to the applicability of the Charter and the rights and principles enshrined by the Charter. Generally awareness of the target group shall be increased about ways how Charter rights and princples can be applied and which potentials they could have even if - or maybe exactly because - rights security in this regard is rather limited. One focus of the project will be the role of Charter rights in asylum cases. The project is characterised by direct interaction with judges and other legal professionals in seminars and (international) working conferences but also seeks to develop a 'knowledge data base' on Charter rights as well as e-learning materials, which will be accessible online to members of the target group as well as to a wider public.

Proposals for the project-end evaluation of "Strengthening Legal Principles and Good Governance in SEE by enlarging the ILECUs Network

We would like to invite you to submit proposals for the project-end evaluation of "Strengthening Legal Principles and Good Governance in SEE by enlarging the International Law Enforcement Coordination Units (ILECUs) Network".

All the details of the call for proposals are found in the documents provided below. Please, send your proposal to barbara.liegl@univie.ac.at by October 23rd 2015.

 

Making the Charter of Fundamental Rights a living instrument

The Charter of Fundamental Rights of the European Union guarantees for the protection and promotion of more basic human rights than any other Charter or Convention has done before. Still, its concrete implication and relevance for national legislation, jurisdiction and legal practise is not completely clear. Knowledge about its scope and effects is not anchored in legal professions, nor do NGOs, trade unions or other stakeholders of relevance in this regard know, how CFR rights can be protected. This is especially valid for the social rights vested in the CFR.

The Charter of Fundamental Rights as a Living Instrument - Guidelines for Civil Society
Die Charter der Grundrechte der Europäischen Union als ein lebendiges Instrumentarium - Leitfaden für die Zivilgesellschaft
The Charter of Fundamental Rights as a Living Instrument - Manual

Strengthening Women's Capacity for Peace-building in the South Caucasus Region

BIM, as partner of the CARE Austria project, "Strengthening Women's Capacity for Peace-building in the South Caucasus Region", wrote desk research reports in Georgia, Armenia and Azerbaijan focusing on women’s development and the resulted enhancement based on women’s participation in society and democracy. The reports also cover the equal treatment of men and women as well as peace-building and democracy-development efforts in which women from these countries are taking part.

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