Critique of the draft law by Wiener Akademikerbund
This is the second in a four-part series on the new Islam Law. Previously: Part 1.
Introduction to Part 2
by Elisabeth Sabaditsch-Wolff
In order to understand the process of lawmaking in Austria, here is a short and very simplified overview:
The government presents a draft law, which is then forwarded to Parliament and discussed in committee. There are usually one to two hearings before the law — sometimes after being amended — goes to a plenary session and is then voted into law.
Before the government votes on the draft law, it is usually preceded by more or less lengthy discussions which include those affected by the law. In the case of the new draft law on Islam, the initial discussions, lasting nearly two years, aimed at comprising “Austrians as well as Muslims from all walks of life.” This is blatantly false, however, since the Wiener Akademikerbund (WAB) was excluded from any deliberations.
Nevertheless, as soon as the initial law was presented in draft form, anyone, including the WAB, was permitted to comment officially on the Law, before it was voted on by the government. The WAB seized this opportunity and presented a lengthy paper with a scathing analysis of the failings of this law (Islamgesetz 1912, Änderung in German only, all comments and critique presented to Parliament).
Below is the Commentary on the Draft Law by the Wiener Akademikerbund as translated by Rembrandt Clancy. The original German version is available here. Following the WAB paper is a news article from an Austrian daily that is relevant to the deficiencies of the proposed Islam Law.
Wiener Akademikerbund
A-11080 Wien, Schlösselgasse 11/I www.wienerakademikerbund.at
Commentary on the Draft of a Federal Law Amending the Islam Law of 1912
For some years, the Wiener Akademikerbund has been comprehensively and systematically engaged both with the doctrines of Islam, its constitution [Verfaßtheit], legal foundation and development in Austria, and with the effects of its implementation and its expansion, especially in Europe. The Wiener Akademikerbund considers itself called upon to accept the invitation to participate in the process of assessment and consultation which was issued as the draft was being published on 2 October 2014.
Contents:
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Synopsis |
2. |
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Background |
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Initial situation prior to the implementation of the project for a new Islam Act. The constitution [Verfaßtheit] of real Islam in Austria. |
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The necessity for a new Islam Act. Support for the legislative project and identification with the “spirit of the law”, as it is expressed in the draft at hand. |
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Rationale for the indispensability of the measures to be taken in connection with the three central reform points of the draft. |
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The draft’s central structural error and its far-reaching consequences. |
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Proposal for the direction to be taken in repairing the cited defect. |
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Important technical details by which the draft should be improved and/or supplemented. |
1. Synopsis
The more than 100-year history of Islam legislation in Austria began in 1912 with an act of tolerance unique in the world, and with an “outstretched hand”. Since then, many deficiencies and imperfections have slipped in through dealings with the “real Islam”. Today, there is reason to assume that the Islamic Religious Community in Austria has no valid legal basis. And a proliferation of non-transparent mosque organizations is taking the principle of religious freedom to the point of absurdity.
The project to renew the Islam Act is overdue and most necessary. The Wiener Akademikerbund identifies with the “spirit of the law” which undergirds this project. Longstanding demands of the Wiener Akademikerbund are reflected in the draft text: disclosure of the tenets of the faith, a ban on financing and radical influence from foreign sources, as well as the dissolving of the religious operations of the associations that are exempt from any supervision or responsibility.
The draft, however, has a serious legal defect that is likely to undo all the intentions of the project. The defect is the result of complex causes and is, at first glance, barely recognizable. It will be analyzed in minute detail in the present commentary. A specific suggestion for a remedy will indicate a way out of the dilemma. Additionally, detailed suggestions for improvement and reform will be made, which are suited to increase the likelihood of accomplishing the goals of the planned Islam law.
2. Background
Without knowing the history of the origin and development of the concrete legal issues, it is no more possible to understand the need for a new Islam law than it is to grasp the strengths and weaknesses of the draft that is now before us.
After the final repulse of the Ottoman expansion in the Balkans by the European forces of the Austro-Hungarian Habsburg monarchy, Bosnia and Herzegovina were made protectorates of Austria by the Berlin Congress of 1878. Not until 1909 were they accepted into the Austro-Hungarian monarchy. In 1910, this acceptance was formalized by a special status conferred by Emperor Franz Joseph. The monarchy was affording the land a respectable economic prosperity, and was at pains to preserve the religious peace as well as the social structures frequently linked with the Muslim elites. As a special mark of equality, Islam was therefore to be awarded the status of a legally recognized religious community throughout the entire empire. This took place “with the agreement of both Houses of the Imperial Assembly” in the Islam Act of July 15, 1912.
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