Indicator history

There has been no systematic evaluation published yet concerning disproportionate problems migrants/minorities are facing in accessing justice. However, migrants might face more serious problems because of limited German language skills, restricted financial capacities and/or a limited understanding of the Austrian judicial system.

A study carried out on behalf of the European Union Agency for Fundamental Rights pointed out several problematic issues which might affect migrants to a greater extent;

- There are some restrictions regarding access to justice. The deadlines for bringing cases to court vary from 14 days to 6 months or even 3 years. The different deadlines might cause confusion for persons concerned.

- The length of judicial proceedings may last up to several years.

- Proceedings before Equal Treatment Bodies are free of charge. However, the decisions made by these institutions are non-binding.

- Legal proceedings before the court require legal representation. Although legal aid is provided to a party if a "person is otherwise not able to conduct the proceedings without endangering his or her basic subsistence. (...) If a person concerned within three years acquires sufficient financiel means, he or she has to pay back the legal aid granted" (FRA 2001, p. 9). Appointing lawyers of ones own choice involves high costs for the plaintiff. The financial risk of legal procedures is carried by the litigants.

Source:

FRA (2011): Austria, available at http://fra.europa.eu/fraWebsite/attachments/access-to-justice-2011-country-AT.pdf, Accessed on 17.01.2012