Current Size: 100%

Access to Justice

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. 

BREAKING THE BARRIERS: rights based participatory judicial training on procedural rights

The introduction of strict procedural safeguards for suspects and accused persons in criminal proceedings is a key guarantor of their right to a fair trial and an essential part of the EU criminal justice agenda. The project Breaking the Barriers enables 120 judges and prosecutors to participate in transnational training courses on procedural rights for suspects and accused persons and aims at breaking language barriers.

Projekt Breaking the Barriers

E-book on the rights of asylum seekers within the EU and the effective enforcement of CFREU

© Editoriale Scientifica

Research on the (potential) role of the Charter of Fundamental Rights of the European Union (CFREU) for the European legal regime was conducted in Austria, Croatia, Greece, Italy and Poland. The research was seen as key in preparing and developing the training materials as well as the "Training Manual: The Role of the EU Charter of Fundamental Rights in Asylum Cases" within the project "Judging the Charter".

One-stop-shop online-resources for practical information on the Charter of Fundamental Rights of the European Union (CFREU)

A website (https://charter.humanrights.at/) was developed within the project “Judging the Charter”, which provides practical information on the Charter, case law referring to the Charter and training exercises promoting knowledge about and the applicability of CFREU.

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: