“of Course we are all on the ground of the rule of law,” said Austria’s Minister of the interior, Herbert Kickl in an ORF Interview. There is, however, “any strange legal structures, sometimes for many, many years old, that prevent us to do what is necessary”. With this peculiar set-up of the FPÖ-Minister in question was nothing Less than the European Convention on human rights (ECHR). The ECHR Kickl sees as an obstacle for a tightening of the asylum policy. So he wants to be able to offenders refugees more quickly deported.

In the ORF-show “Report” gave the Austrian interior Minister to understand clearly that the rule of Law stands in the way. This Kickl, “that the right of the policy has to follow and it is not the policy of the law”. With his Statements of the FPÖ-man of the country sparked a wave of indignation. Opposition politicians demanded the resignation of the interior Minister. Constitutional lawyers were confused about the policy and understanding of the law of Kickl.

basic consensus of the Second Republic of Austria

“What says the Minister of the interior, with a state of law is completely incompatible,” said about the constitutional lawyer Karl Weber (University of Innsbruck), the newspaper “Standard”. “Would write to a Student in an examination, that the right of politics has to follow, would he.” Weber also recalled article 18 of the Constitution, The entire state administration may only be on the basis of the law.

the Federal President, Alexander Van der Bellen spoke up. The ECHR in Austria for 59 years in the constitutional rank, he wrote on Twitter. To shake “you would be a denunciation of the basic consensus of the Second Republic.” Oskar Deutsch, the Supreme representative of the Jews in Austria, recalled that the people don’t be taken by Convention, the least under the impression of the Holocaust. “Kickl ashamed of the vast majority of the citizens in the country.”

Even in of the ÖVP-FPÖ coalition, in which one is always trying to avoid disagreements to the outside world to penetrate, there arose an objection against the Minister of colleagues Kickl. “In a state of law the right is the top priority,” said Minister of justice, Josef Moser. The Convention on human rights have proven to be, said the non-party Minister, had been appointed by the ÖVP.

Austria’s Chancellor Sebastian Kurz waited first of all, with an opinion. As is so often the case when politicians of the coalition partner FPÖ for Trouble. From Davos, where he participated in the WEF, had the Chancellor finally announced that he had had with his Minister of the interior, a “clear the air”. It was clear that the “Constitution, the fundamental principles of the EU, as well as the reason and human rights validity and that these are enshrined in the government program”.

Kickls Statements were commented in the media in Austria, the majority of whom harshly criticized. “Maybe Kickl has read too much of Carl Schmitt”, conjectured “The press”. The Manifestations of the former students of philosophy Kickl reminded of the controversial state law Schmitt (1888-1985), who had made an attempt to legitimize the national socialist dictatorship legally.

FPÖ-Minister of the interior, Herbert Kickl in the ORF-show “Report” (controversial statements on the subject of the rule of law principle, to the 8. Minute). Source: Youtube/FPÖ/ORF

The freedom party defended their Minister of the interior. In his party is Kickl already undisputed. The 50-Year-old is regarded as the architect of the shift to the right in Austria. Kickl that had started out as a speechwriter of the FPÖ-Father-figure, Jörg Haider, had by 2005 up to 2017 as Secretary-General of the Freedom. As the person responsible for the Organisational and Ideological, he headed the election campaigns. In his time choice is created slogans such as “Daham statt Islam” or “the Occident in Christian hand”. The biggest success of the party strategists Kickl the Parliament election in 2017, With 26 percent of the vote for the FPÖ rose to the party in government, the it is since by the end of 2017.

In the ORF-show “Report” made of the FPÖ-Minister of the interior, is clear that he wants to fight laws that do not suit him. Against the ECHR, he can do anything, such as the Innsbrucker constitutional lawyer Weber explains in the “Standard”Interview. The Convention on human rights is an international Treaty, only the Council of Europe, the 47 member States, could change. “Austria alone is so powerless.” In addition, the ECHR was part of the Austrian Constitution. “You want to kick them out of the Constitution, would be a total change this,” Weber said. “This means that in a referendum held would have to be.” (Editorial Tamedia)

Created: 25.01.2019, 17:09 PM