Immigration
Summary
On Sunday, September 29 nd 2024, the Freedom Party of Austria (FPÖ) under the leadership of Herbert Kickl secured the first far-right parliamentary election victory, almost three percentage points ahead of the conservative People’s Party (ÖVP). The past five years, Austria has been governed by a coalition government of Chancellor Karl Nehammer’s (ÖVP) and the Green Party, both parties had to suffer significant losses in this election. The coalition negotiations following the election results will be difficult, as the ÖVP currently rules out forming a coalition with the FPÖ under Kickl’s leadership. Implications on immigration policies cannot yet be foreseen as this will depend entirely on which party will be part of the new government.
The detail
Preliminary results showed the FPÖ taking 29.2% of the vote, followed by the ÖVP with 26.5%, and the Social Democrats (SPÖ) with 21%. The liberal NEOS party won 9% of the vote, with the Green party falling in last place with 8%. To form a majority in the Austrian parliament, 92 (of 183) seats are required. Therefore, the following coalition scenarios seem most likely:
– a two-party coalition between the FPÖ and the ÖVP;
– a two-party coalition between the ÖVP and the SPÖ (with only a very slight majority in parliament); or
– a three-party coalition between the ÖVP, SPÖ and a “junior partner” (either NEOS or the Green party).
What will happen next:
The Austrian constitution grants the Austrian President significant freedom in forming a government, as it does not outline a specific process. Traditionally, assigning the winning political party the task of forming a government is common practice, but it is not explicitly required by the constitution. The president’s main responsibility is to ensure that there is always a functioning government in place and to form one that has majority support in the Parliament. President Van der Bellen has stated that any future government will have to respect the fundamental pillars of Austria’s liberal democracy, such as the rule of law, separation of powers, human and minority rights, independent media, and EU membership. If no agreement on the formation of a coalition government can be reached, the president has the authority to dissolve parliament and call for new elections.
Impact on Immigration:
The impact on immigration policy will depend on the coalition government formation. In its election program, titled “Fortress Austria,” the FPÖ calls for “remigration of uninvited foreigners,” for achieving a more “homogeneous” nation by tightly controlling borders and suspending the right to asylum via an emergency law. If the FPÖ enters the government, it is likely that there will be stringent measures regarding illegal immigration, however the impact of an FPÖ government on corporate immigration remains unclear. In case of a government between the ÖVP and the SPÖ (possibly with a “junior partner”) a further development and reform of the residence permit for highly qualified individuals and shortage occupations (Red-White-Red Card) is likely to happen, as this had been previously communicated by the current Chancellor Karl Nehammer (ÖVP).
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Valentina Arnez
Attorney at Law (Arnez Rechtsanwalts GmbH*) & Immigration Expert,
valentina.arnez@law.vialto.com
Antonia Lehne
Manager (Arnez Rechtsanwalts GmbH*) & Immigration Expert,
antonia.lehne@law.vialto.com
Further information on Vialto Partners can be found here: www.vialtopartners.com
* Please note that Arnez Rechtsanwalts GmbH is cooperating with the Vialto Partners network and is a member to the Vienna Bar Association, registered as an independent legal entity under Commercial register No. FN 596972a.
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