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FOR IMMEDIATE RELEASE
April 27, 2026
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Spencer Tilger | media@refugeerights.org
CIVIL SOCIETY COALITION SUBMITS COMPLAINT WITH EU COMMISSION OVER AUSTRIA’S SUSPENSION OF FAMILY REUNIFICATION FOR REFUGEES
(BERLIN, Germany) – Today, the International Refugee Assistance Project (IRAP) Europe, in coalition with other non-governmental organizations and legal academics, filed a complaint with the EU Commission against Austria over its unilateral suspension of family reunification for refugees. The complaint argues that the suspension violates the EU Treaties and urges the Commission to start infringement proceedings against Austria without delay.
In July 2025, the Austrian legislature adopted a law enabling a responsible Government Minister to trigger the suspension of family reunification for refugees, for six months at a time, in all but the most urgent of cases. Since then, practically all family reunification for refugees in Austria has been suspended, based on two consecutive Ministerial decrees to that effect.
This clearly contravenes Austria’s obligations under the EU’s Family Reunification Directive, which gives refugees and other non-EU residents a right to family reunification under EU law. Austria has sought to justify this by invoking Article 72 of the Treaty on the Functioning of the EU (TFEU), claiming it allows member states to unilaterally suspend EU directives when they consider it necessary for public order or national security.
The complaint filed today strongly rejects Austria’s attempted justification and argues that Austria’s actions are a serious breach of the EU’s legal order:
- The EU Court of Justice has ruled multiple times that Article 72 TFEU does not authorize any Member State to suspend its EU law obligations on its own, without oversight by EU institutions. Austria has not sought any such oversight.
- Austria’s claims that the suspension of family reunification is necessary for upholding public order and national security have no legal or factual basis, as IRAP’s partners asylkoordination österreich and Diakonie Österreich have shown in detailed analyses.
- Allowing Member States to unilaterally suspend their EU law obligations sets a dangerous precedent. It destabilizes EU law, creates legal unpredictability and undermines trust between Member States.
“This attempt by Austria to evade its obligations to refugees under EU law is not only devastating for the affected families, who are facing prolonged separation from their loved ones”, says David Öberg Loveday, IRAP Europe’s International Litigation Attorney. “It also represents a direct challenge to the most basic principles of the rule of law. Safeguarding universal respect by all EU Member States for the rule of law is more crucial now than ever. This is why we have called upon the Commission to intervene.”
The complainants call on the European Commission to:
- Acknowledge that Austria’s suspension of the rights of refugee families under the EU’s Family Reunification Directive violates its obligations under Article 2 of the Treaty on European Union (TEU) to respect the rule of law, equality and the rights of people belonging to minorities
- Acknowledge that Austria’s measures violate its duty under Article 4(3) TEU of sincere cooperation with the EU
- Take concrete enforcement action against Austria’s breaches of EU law, including by launching formal infringement proceedings.
The complaint was submitted by:
International Refugee Assistance Project (IRAP) Europe
asylkoordination österreich
Diakonie Österreich
Stowarzyszenie Interwencji Prawnej
Prof. Dr. Anuscheh Farahat, Prof. of International Law in European Context at the University of Vienna, and Co-speaker of the Vienna Centre for Migration and Law (in her own capacity)
Prof. Dr. Anne Kühler, Prof. of Ethics of Law and Philosophy of Law at the University of Vienna, and Co-speaker of the Vienna Centre for Migration and Law (in her own capacity)
Additional Information
The International Refugee Assistance Project (IRAP) is a global legal aid and advocacy organization working to create a world where refugees and all people seeking safety are empowered to claim their right to freedom of movement and a path to lasting refuge. Everyone should have a safe place to live and a safe way to get there.