On 21 October 2009 the National Council adopted the amendment to the law on foreign nationals with the votes of the governing parties – the Social Democratic Party (SPÖ) and People’s Party (ÖVP). The package adopted tightens asylum law, but also relaxes some provisions. Family members aiding and abetting illegal aliens will, for example, no longer be punished.

The most important new provisions:

Reforming detention pending expulsion: Upon entry into force of the law in 2010, all so-called “Dublin cases”, i.e. asylum seekers having filed their first application for asylum in another EU country which is therefore competent for them, will be detained for the purpose of expulsion. The aliens’ police is responsible for enforcement.

Stopping abusive repeat applications: According to the Ministry of the Interior, after rejection of an asylum application repeat applications are mainly filed to prevent expulsion in the very last minute. In the past, repeat applicants have practically been protected from expulsion. The Federal Asylum Office, the first instance in the asylum procedure, may now lift protection against expulsion after a decision on expulsion was issued. The persons affected may be deported even during a pending asylum procedure. Repeat applications filed during the 18 days preceding the planned expulsion do no longer protect against expulsion but the personal situation of the applicant will be examined. If an application is submitted two days before expulsion, only very recent changes in the country of origin (e.g. war) are a reason to prevent expulsion.

Age determination by X-ray examination: underage asylum-seekers benefit from a higher level of protection than adults (preferential treatment). Therefore often an incorrect age was stated. To prevent abuse, age determination through X-ray exams will become possible.

A procedure to withdraw the asylum status is automatically opened against asylees sentenced by final judgment to more than one year in prison. If a charge is brought against an asylum-seeker, the asylum procedure is speeded up.

With the votes of the SPÖ, ÖVP and the Greens, the National Council also gave the go-ahead for the rehabilitation of Wehrmacht deserters in WWII. The “Revocation and Rehabilitation Act“ declares all sentences of the People’s Court, the courts martial and special courts of the NS period null and void; this covers also decisions of the Genetic Health Court entailing forced sterilisation and abortion. Sentences of the NS military tribunals do not longer have to be reviewed individually. Sentences against homosexual NS victims are also repealed; they are only examined to determine if they violate the governing national law (e.g. if minors were affected). Victims of sentences of the NS injustice system or their family members may submit applications to determine the legal status to the Regional Criminal Court of Vienna. Furthermore, an amendment widening the scope of the Restitution Act was adopted (see Culture).

The green light has been given for the amendment to the School Teaching Act laying the groundwork for the partially standardised A level exam with uniform written tests.

Against the background of the student protests at Austrian universities, Minister of Science Hahn plans to make available the 34-million-euro emergency reserve in the university budget. Including the annual amounts of 17 million euro of the economic packages for 2009 and 2010, 68 mil-lion euro will be allocated to the universities.

On 26 October 2009, Austria celebrated its national holiday (adoption of its everlasting neutrality on 26 October 1955). The President’s Office, the Federal Chancellery, the Parliament building, the ministries and the new House of the European Union invited to an “open day”. A presentation of the Federal Army and the swearing-in ceremony for about 1,200 recruits took place in the presence of President Fischer on Vienna’s Heldenplatz.

In his address to the special session of the Council of Ministers Chancellor Faymann launched an appeal to emphasise that which unites over that which divides: “The Austrian success formula was togetherness.“ Based on this credo, Austria managed to assert itself in history and during the current economic crisis, becoming one of the ten richest nations in the world.

Faymann described neutrality as the “soul” of the Second Republic, to which Austria owed its position in the peaceful and united Europe to the present day. The focus of Europe’s policy had to be on social balance.

On 1 November 2009, Austria assumed the chair of the United Nations Security Council (World Security Council) for one month. It is not only the most powerful UN organ but also the most important international body.

Austria has supported the United Nations for decades, e.g. through participation of the Federal Army in UN missions. Besides managing the routine business, the Austrian chairmanship will focus on the protection of civilians in international conflicts. Foreign Minister Michael Spindelegger had presented Austria’s priorities for its chairmanship of the UN Security Council already in September. Besides the protection of civilians in armed conflicts, Vienna’s role as a place of dialogue and a hub for peace is high on the agenda.

In 2009 the Vienna-based “UNO City” celebrated its 30th anniversary. The anniversary celebrations at the Vienna International Centre (VIC) in August were attended also by UN Secretary-General Ban Ki-moon. The complex of buildings completed in 1979 accommodates 15 UN sub-organisations and is one of the four official UN seats alongside with New York, Geneva and Nairobi.

Currently, the UN Security Council consists of 15 members. The US, Russia, China, France and Great Britain hold permanent seats with veto powers. 50% of the ten non-permanent members change every two years. On 1 January 2009 Austria became a non-permanent member for the third time – after 1973/74 and 1991/92.

No personnel decisions were taken at the EU summit of heads of state and government in Brussels on 29/30 October 2009, where Austria was represented by Federal Chancellor Werner Faymann and Foreign Minister Michael Spindelegger. Behind the scenes, the debate concentrated on the two new EU top positions created under the Lisbon Treaty. A first informal agreement on the distribution of positions between the largest party groups seems to have been reached. The European People’s Party (EPP) is expected to nominate the EU Council President, while the Social Democrats will select the first EU foreign minister.

At their meeting in Brussels the EU heads of state and government adopted the basic structure of the new European External Action Service (EEAS). The EEAS will operate as an independent body not subject to the political control of the European Commission und the EU Council. It will be headed by the new EU foreign minister (official title: “High Representative for the Common Foreign and Security Policy“).

In the preliminaries of the EU summit, the European Social Democrats nominated a “trio“ of leading politicians to negotiate with the European conservatives on the future appointment of candidates for top EU positions. The trio is composed by Austrian Chancellor Faymann, Spain’s Prime Minister Jose Luis Zapatero and Danish Prime Minister Poul Nyrup Rasmussen. Faymann will negotiate above all with German Chancellor Angela Merkel and EU Commission President José Manuel Barroso. He was sure that a personality with a “social European profile “ would be found, stated Faymann.

Based on an agreement reached by the federal government on 28 October 2009, Minister of Science Johannes Hahn (People’s Party) will become Austria’s future EU Commissioner. Commission President Barroso still has to decide on the division of competencies among commissioners.

President Heinz Fischer met with his Swiss counterpart Hans-Rudolf Merz and Hereditary Prince Alois of Liechtenstein in Eisenstadt (Esterhazy Palace) on 28 October 2009. Subjects for debate included the international appeal for intensifying the exchange of tax information (“banking secrecy”).

Chancellor Werner Faymann and Belgium’s Prime Minister Hermann van Rompuy emphasised the good bilateral relations after personal talks in Vienna on 19 October 2009. Deliberations had focused on strategies to boost economic growth and to balance the budget during crises, without jeopardising social balance, said Faymann. A common position was reached also on a Europe-wide financial transaction tax.

At present, Minister of Finance Josef Pröll excludes an automatic exchange of information in the context of the combat against tax evasion. On 20 October 2009, Austria and Luxembourg vetoed an anti-fraud agreement between the EU and Liechtenstein at a meeting of EU ministers of finance in Luxembourg on 20 October 2009.

Austria had presented three key arguments for its position, stated Pröll. The reason for Austria’s standpoint were not only related to Liechtenstein but were of a basic structural nature. In view of the planned amendment of the EU Savings Taxation Directive, Austria demanded that these provisions should be applied also to third countries. Therefore a comprehensive solution had to be found.

Secondly, Austria pled for more tax honesty in the international financial markets, stressed Pröll. There was an increasing number of trust and foundation models – even in several EU Member States – where money could be deposited anonymously and tax-free. In this connection, Pröll also mentioned Great Britain. The main concern was therefore not a tax information exchange mechanism but to ensure “that there was a level playing field“, preventing tax fraud and tax havens for entities of this kind.

Finally, Pröll requested that in case of dispute agreements such as the deal with Liechtenstein should fall within the competence of the European Court of Justice (ECJ). Luxembourg had presented similar arguments. In any case he was not prepared to forge ahead while other EU countries were hiding behind anonymous investment products, said Pröll. Luxembourg and Austria had proved that they met the OECD standards. In the agreement with Liechtenstein trusts were mentioned but there was no guarantee that they would be registered. First of all, Liechtenstein should introduce a trust register. This subject had to be addressed at the negotiating table, urged the Minister of Finance.

According to the current EU Savings Taxation Directive, Austria, Luxembourg and Belgium had to lift their banking secrecy and participate in an automatic information exchange as soon as the EU enters into an agreement on information exchange based on the OECD standards with the five European third countries – Liechtenstein, Switzerland, Andorra, San Marino and Monaco – as well as the USA.

Like Austria, Switzerland also rejected the German interpretation of reasonable suspicion as a prerequisite for passing on data. Berlin considered a bank account number sufficient, while Vienna and Bern requested at least one name and a description of suspicious facts.

Austria’s exports have been increasing for some weeks, the trough seems to have been overcome. The result for the second half of the year would “not be that dramatic”, explained Walter Koren, head of the Austrian Foreign Trade Promotion Organisation (a sub-organisation of the Austrian Federal Economic Chamber/WKÖ), in Vienna on 20 October 2009.

According to the Economic Research Institute (Wifo), the export slump would slow down to a minus of 15 to 16% for the total year 2009. From January to July 2009, the foreign trade volume shrank by 24% to about 54 million euro.

The objective for 2010 was an export growth of 2 to 4%, said WKÖ President Christoph Leitl optimistically. The exporting companies shared his optimism. In a recent poll 71% had rated their export opportunities as “very good“ or “good“. Leitl announced that in the next two years additional funding would be made available for the professional presentation of 5,000 companies at international trade fairs and/or in emerging economic regions. Direct subsidies would amount to between 40 and 100%. The focus would be on those countries that had adopted major economic stimulus packages. Germany, for example, concentrated on urban development, hospitals, education and climate protection. Hence, opportunities would arise especially for Austria’s construction sector and construction-related trade, craftsmen, architects and energy consultants. The USA was a target market for medical engineering, renewable energy and environmental technology, stressed Leitl.

In late October 2009, 319,320 people (including training programme participants) were registered as jobless, this is 61,996 or 24.1 percent more than one year ago. For the first time since January, the number of unemployed persons increased by less than 50,000.

On 28 October 2009, the European Commission closed investigation into the financing of the Austrian Broadcasting Corporation (ORF). After Austria formally agreed to amend the respective law, the Commission came to the conclusion that the financing scheme for the ORF complies with EU rules on state aid. Commissioner for Competition Neelie Kroes was of the opinion “that the commitments offered by Austria will ensure the right balance between the need to ensure high quality public service broadcasting and the need to maintain a level playing field in the sector“.

Secretary of State for Media Josef Ostermayer is “very content” with the result of the investigation. Better quality, a wider range of public service TV, higher transparency and more control for new services and programme fees fixed by the new, independent media authority“, he summed up the main points of the agreement. “My agreement with Commissioner Kroes of 9 September 2009 in Brussels was confirmed by the European Commission. The investigation lasting five years has been closed. The agreement has to be implemented at national level within one year“, said Ostermayer.

In more detail, the agreement reached between Austria and the EU after the investigation stipulates that the proposals for new media services of the ORF have to examined in advance. This will be the task of the media authority to be set up. According to the deal, the authority has to be independent from the ORF, but an authority that is independent under constitutional law is not mandatory. For existing online content the broadcaster has “to present clear concepts for services offered”. In this way, Ostermayer wants to guarantee more transparency in the Austrian media market. The green light was given for the planned “ORF TV-Thek“, which will offer downloads of productions of public-service relevance during seven days. No prior examination is required but online advertising is forbidden. In the online sector, the ORF has to limit itself to offering public-service content and may not compete with the online portals of Austrian newspapers. Furthermore, there is a list of prohibitions, covering for example ring tones, gambling, dating websites, price comparison services, etc.

Moreover, a quality assurance system is to be introduced to examine compliance with the public-service core mission. Besides the Foundation Council, a committee of the Audience Council is to address this subject. The Regulatory Authority is to examine compliance with quality standards. The public-service mission will be defined more precisely in the new ORF Act and its scope is to include all services provided, including online services and two special interest channels.

The financing scheme of the public broadcaster was basically not criticised by the EU. Based on the agreement, the programme fee has to be fixed at five-year intervals. Like in the past, the amount will be proposed internally by the ORF Director-General and adopted by the Foundation Council. A new rule stipulates, however, that the fee level has to be examined by the Regulatory Authority. Furthermore, the ORF will be allowed to set off losses against profits within two financing periods, i.e. a maximum of ten years.

Ostermayer informed that the regional broad-casting studios would not be restructured and that no reduction of advertising slots was envisaged. A special interest channel for sport has been agreed on, which is to concentrate on sports which are covered only inadequately in other media. In the future the ORF will have to sublicense unused TV rights of sports events to third parties against adequate compensation.

The investigation of the European Commission into financing of the ORF had been preceded by several complaints about the public financing of the broadcaster. Complaints had been lodged by the Association of Austrian Newspapers (VÖZ) in 2004, the Association of Austrian Commercial Television Operators (VÖP) as well as the private broadcaster Sky, then Premiere, in 2005. The VÖZ complained that the ORF offered state-subsidised online services going beyond the public-service remit. The complaint of the VÖP dealt with the existing financing scheme and lack of supervision as well as the introduction of a special interest channel for sport by the ORF. The latter was also criticised by Sky.

Just like Secretary of State Ostermayer, ORF Director-General Alexander Wrabetz welcomed the closing of the EU investigation. This was “an important basis for securing the future of the ORF on a long-term basis also at European level”. The agreement recognised that the public-service mandate covering information, culture, sport and entertainment was fully met

The scope of rules governing the restitution of works of art looted by the Nazis has been expanded. On 21 October 2009, the National Council adopted an amendment of the Art Restitution Act against the votes of the Austrian Freedom Party (FPÖ) and the Alliance for the Future of Austria (BZÖ). In addition to works of art, the amendment also covers “other movable cultural assets”, which are held by federal museums or owned directly by the Federal Republic. A legal basis has been created for returning assets that were seized by the NS regime outside Austrian in the German Reich between 1933 and 1938.

Based on the Art Restitution Act, so far about 10,000 works of art have been returned to their legitimate owners.

Minister of Culture Claudia Schmied welcomed the resolution passed by Parliament. “It is impressive that in 1998 the support of a broad majority was won, and I regret that we have now failed to motivate all the parties to vote in favour“, said the Minister. It had been very important to establish a legal framework for the Commission for Provenance Research as well as its duties and term of office.

Regarding the much-discussed question whether the Leopold Museum Private Foundation is subject to the Art Restitution Act, the Minister explained: “An inter-ministerial working group examined this issue already during the previous legislative term, but arrived at a legally clear conclusion. As the name implies, it is a private foundation. In this case, constitutional safeguards for private ownership have also to be taken into account“. The Art Restitution Act could only cover the legitimate ownership of the Federal Republic. “Of course, I achieved that the managing board of the Private Foundation agreed to conducting provenance research in the Leopold Museum. By the end of this year, a report will be issued, which will then be assessed“. In this connection, Schmied hoped that the managing board of the Private Foundation would act with due responsibility.

The President of the Administrative Court, Clemens Jabloner, who has chaired the Advisory Board on Art Restitution since 2007, expressed a similar opinion in the daily “Die Presse“ on 28 October 2009, stating: “The Leopold Foundation is not the Republic of Austria. The paintings belong to the Leopold Foundation, and are therefore not subject to the Art Restitution Act. The Leopold Museum is not a state-owned museum, but a museum of the Leopold Foundation. To subject a private collection to statutory regulations is a controversial constitutional-law issue. I do not say that it is impossible“.

This year the Brucknerhaus in Linz was the venue of the “Concert for Austria“ given by the Vienna Philharmonic Orchestra every year on the Austrian national holiday (26 October). The concert – a present of the federal government to the City of Linz, the European Capital of Culture 2009 – was broadcast live by the Austrian Broadcasting Corporation (ORF). The Vienna Philharmonic Orchestra was conducted by the 85-year-old French George Prêtre, who is held in high esteem by the orchestra and who will also conduct the New Year’s Concert 2010. The concert programme included Franz Schubert’s Second Symphony and the symphonic poem “Ein Heldenleben“ (“A Hero’s Life”) by Richard Strauss. Prêtre led the star orchestra without score through all the highlights and hurdles of the programme. The musicians presented an infinitely beautiful, superbly melodious and soulful interpretation, especially of Strauss’ symphonic poem. The orchestra, the soloists and the conductor drew boundless, jubilant cheers.
www.brucknerhaus.at
www.linz09.at

Between 16 to 22 November 2009, Vienna Art Week – initiated by Dorotheum and developed by Art Cluster Vienna – presents 60 art events, from baroque to contemporary art. The aim of the festival is to bundle activities in the visual arts and to position Vienna as a vibrant and innovative art location at international level. Vienna Art Week offers exhibition openings at Belvedere, at Secession and in the Essl Museum, a “gallery night” in about 50 galleries in Vienna, panel discussions exploring the practices of curators, the dynamic of the art market, the pathology of collecting, street art as a new art, the status quo of video art in Austria, the latest trend in Latin American art and the art of the memorial.
www.viennaartweek.at

“Kabelwerk” (“Cable Factory”) in Vienna-Meidling were the premises of Kabel und Drahtwerke AG in the 12th district of Vienna. After the take-over by Siemens, production was shut down in 1997. The site was then used temporarily as a cultural venue, where for example Hubsi Kramar presented a sensational performance of Beckett’s “Waiting for Godot“ with refugees from war regions and residents of Vienna’s House of Integration. In 2001 construction of a new housing estate started, now accommodating about 3500 people and around 30 small businesses. The entire Kabelwerk site has a surface area of approximately 68,000 square metres. After one year of construction, a new cultural centre has been added to the existing housing units in early October: Palais Kabelwerk. The architectural design of the cultural centre caters for the needs of different art disciplines. The terraced building comprises two multi-purpose halls for different performances on several levels, a large multi-functional terrace with buffet and lounge as well as three artist-in-residence facilities. In designing the building, special attention has been paid to people with disabilities. All performance venues on the different levels may be accessed easily with wheelchairs, the artists’ cloakroom is equipped with a shower adapted to the needs of people with disabilities. But also access to the resources of the urban lab is easy. Project applicants may visit the premises of Palais Kabelwerk without prior registration and present their projects every Wednesday at 11 a.m. “The cultural experiment Kabelwerk has developed into a permanent urban lab for innovative art and culture“, explained Executive Councillor for Culture Andreas Mailath-Pokorny at the official opening. “The new cultural centre does not only enhance the attractiveness and quality of life of the new housing area in the south of Vienna but will in general provide fresh impetus and stimuli to Vienna’s cultural scene”. 3.4 million euro were made available for the new building, including the basic equipment, by the City of Vienna. Another 1.6 million euro will be earmarked for the operating expenses of the cultural centre up to 2013. Undoubtedly this progressive cultural facility will not only breath new life into the south of Vienna. The artistic beginning has been made with the festival “Red October“, a literary event of “wiener wortstaetten“. In parallel, visual arts were represented by the artists’ collective “TISI“ Martina, “TINEDA“ Eder and Silvia “SIKO“ Kobrad.
www.kabelwerk.at

Writer and essayist Péter Esterházy born in Budapest in 1950 was awarded the Manès Sperber Prize 2009 by Minister of Culture Claudia Schmied on 27 October 2009. The prize commemorating writer and philosopher Manès Sperber (1905-1984) has been granted for out-standing achievements of an author in the field of the socio-political novel and political-literary essay writing since 1985 at irregular intervals, but at least every five years, by the Federal Ministry of Education, Art and Culture. Members of the jury were university professor Wolfgang Müller-Funk, Mirjana Stancic and Manfred Müller, stating: “The aim of the prize is to pay homage to a work that is ambitious both in literary and intellectual terms, widely acknowledged in the Central European and German-speaking area. With its transnational dimensions, it documents a political and esthetical awareness of European calibre and post-national dimension“.

Esterházy scored a brilliant success with his novel “Helping Verbs of the Heart“ (1985). “Celestial Harmonies“ (2001) – a historical panorama of his family – is considered his main work. After the book was published he was confronted with the fact that his father had collaborated with the secret service in the Communist era. He made this revelation the subject of his follow-up novel “Revised Edition“ (2003) .

The Austrian National Library (ONB) acquired the seven “Arts and Sciences Collections” of the digital US journal archives JSTOR (Journal STORage). Holders of an annual card may from now on access the complete texts of 930 electronic journals – mainly from the humanities and social sciences. The predominantly English-language journals are digitised retrospecttively and may therefore be downloaded from their first year of publication onwards. The oldest journal available is “Transactions of the American Philosophical Society“ dating back to 1769.

Federal Minister for Sport Norbert Darabos welcomed the appointment of Karl Stoss as President of the Austrian Olympic Committee (ÖOC): “I think that under the leadership of Mr. Stoss the ÖOC has the opportunity to make a fresh start. I am convinced that he will deal with old unfinished business quickly, make personnel changes and re-establish the ÖOC as a successful brand in Austria and the world.“ The task he was facing was not easy, said Darabos. “The new ÖOC President may rely on my full support as Minister of Sport. We have to focus on the future, especially in view of the Olympic Games in Vancouver in 2010”, stated Darabos as a first reaction after the ÖOC General Assembly.

The RED-WHITE-RED TEAM (TEAM ROT-WEISS-ROT) is the federal government’s new programme for promoting high-performance sport. The team is formed by the best 200 athletes of the Republic of Austria. The TRWR athletes receive funding for elite sport totalling about 3.5 million euro per year (e.g. for training courses, competitions, sports medicine, sports psychology).

However, the RED-WHITE-RED TEAM is more than just a financing source. The platform also stands for a new feeling of togetherness and solidarity in Austrian high-performance sport. In the team the spotlight is turned on the athletes and their accomplishments for Austria. Sports eminencies of various disciplines are represented in the RED-WHITE-RED TEAM on an equal footing, no matter whether they are successful in popular sports such as skiing or swimming or sports not in the media limelight.

To realise these goals, it is necessary to raise public awareness of the new platform. Media presentation of the RED-WHITE-RED TEAM will start at the Sports Gala Night on 4 November 2009. At the kick-off event for publicising the RED-WHITE-RED TEAM 29 of the most renowned summer and winter sports athletes – all of them high-calibre athletes, world and European championships winners as well as medalists (e.g. Jukic, Geierspichler, Pranger, Walchhofer, Landertinger, Loitzl, Schlierenzauer, Schlager, Paischer, Günther) will sing together the song “Wir sind Sieger“ (“We are Winners”) for a good cause. The proceeds from the CD sales will be used to promote young athletes. Under the motto “If you want to, you can achieve everything”, the new RED-WHITE-RED TEAM hymn is the key campaign medium (cinema-spots, TV sports, music video, CD).

The objective is to make the RED-WHITE-RED TEAM an important mouthpiece of sport through a large-scale information campaign. Jointly, the TRWR athletes will support social and sports-specific concerns, such as the combat against doping or the promotion of exercise in the population.

From 22 to 25 October 2009 the most important table tennis event ever taking place in Austria – the World Team Cup – was held in Linz. Minister of Sport Norbert Darabos did not want to miss the opportunity to attend the event and cheer Austria’s table tennis celebrities. He also met with ITTF President Adam Sahrara. Twelve women’s and men’s teams competed for a prize money of 400,000 dollars. Austria’s national table tennis team made it to the quarter-finals, both titles went to China.

Minister of Sport Darabos was enthusiastic about the ATP victory of Austria’s number one Jürgen Melzer at the CA Tennis Trophy at Stadthalle in Vienna: “The first victory of an Austrian in a tournament in Vienna since 1988 is an important event for Austrian tennis. It is highly positive that Jürgen Melzer did not win because of the weakness of his opponents but because of his continuous achievements. His inspiring performance against virtuosos such as Radek Stepanek or shooting star Marin Cilic in the finals were the right signal at the right time. This victory will also encourage many young tennis players.“ Jürgen Melzer, 28, won with 6:4 and 6:3 over his 21-year-old Croatian opponent in the undoubtedly best match of his career. He became the first winner of the CA trophy since the victory of Horst Skoff, who died so young.