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Why is Austria so set on making cash payments a constitutional right?

The Austrian government is moving forward with plans to guarantee the right of people in Austria to pay by cash in the constitution, but the EU says it’s not sure what the point is. What's going on?

Why is Austria so set on making cash payments a constitutional right?
As card and digital payments become ever more common, the Austrian government still wants to guarantee cash use - constitutionally. (Photo: JEAN-SEBASTIEN EVRARD / AFP)

What’s happening?

It may sound a little hard to believe, but one of the top agenda items for the Austrian government in recent weeks has everything to do with Bargeld. Yes, you read that right – Austria is focusing on cash, and it wants to make paying with banknotes and coins a constitutional right.

Chancellor Karl Nehammer, of the conservative Austrian People’s Party (ÖVP), announced last week that he wants to go forward with a constitutional cash plan.

“We understand that cash is a very important theme to people,” Nehammer said Thursday. “It’s important to me that cash use is constitutionally guaranteed.”

This week, Constitutional Minister Karoline Edtstadler followed that up by saying that plans are already underway to make the amendment and pass associated laws that would uphold the new constitutional measure.

“It is now important to work out the specific legal framework,” she said, while also hinting that card users should still benefit from more modern payment methods.

“Everyone should be able to decide freely and anonymously how they pay.” 

READ ALSO: Cash in Austria to become a constitutional right, vows chancellor

Why is this so important to Austria?

About 70 percent of transactions performed in Austria are still made in cash – one of the highest rates in the Eurozone. That’s a higher rate even than neighbouring and fellow German-speaking Germany – which also has the reputation of a cash-obsessed country – 62 percent of transactions there are still performed in cash.

But Austria handily wins the cash count when it comes to ATM availability. While German has about 66 ATMs per 100,000 people, Austria has 97. People in the country also withdraw about €47 billion in cash from those ATMs every year.

Austrian Chancellor Karl Nehammer, who wants to guarantee a right to cash payment in the Austrian constitution. But the EU says European law already guarantees this. (Photo by ATTILA KISBENEDEK / AFP)

A big reason for this comes down to another cultural obsession – privacy. 

According to one survey by payment platform Paysafe, over half of Austrians do not like to give over any data while paying.

READ ALSO: Why is cash so important to Austrians?

Politically, the issue of cash has come up again too.

Austrian politicians have tried to constitutionally guarantee cash before in 2019. That measure failed, but since the Covid-19 pandemic made digital payments a lot more common, politicians think now may be the time to act to preserve cash.

The far-right Freedom Party (FPÖ) has previously called for a referendum on enshrining cash as a protected means of payment into the constitution, while the Social Democrats (SPÖ) want a law passed guaranteeing an ATM in every community.

What’s the reaction from the EU?

Austria is a member of the Eurozone, which is governed by international treaties and European law rather than national law.

That’s a big reason why the European Commission’s representative in Austria, Martin Selmayr, says he doesn’t see the point of constitutional protection, saying it “won’t add much”.

That’s because European law, which governs monetary policy and the euro, already guarantees cash as legal tender – meaning that people in Austria already have the right to have it accepted when paying. In Selmayr’s view, the government can pass a constitutional amendment to guarantee it but it will mostly be for show.

What happens next?

A constitutional amendment in Austria requires a two-thirds majority to pass.

That means that both government parties – the ÖVP and the Greens – would need to be on the same page about it. The Chancellor is from the ÖVP but the Greens have yet to weigh in substantively.

If the entire government is onside, the government will still need support from either the far-right Freedom Party (FPÖ) or the centre-left Social Democrats (SPÖ) to pass the measure – meaning the one or both of them could push for more concessions.

Even if the amendment passes, the government will have to pass laws that uphold it, and it’s not clear what those are supposed to be. Although the SPÖ want a law passed guaranteeing an ATM in every community, the Chancellor says such a request is “unrealistic” – so it remains to be seen how such an amendment would work in practice.

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POLITICS

Why 1.5 million people can’t vote in Austria’s crucial federal election

Almost one in five people in Austria won’t have a say in the upcoming election, mainly due to the country’s restrictive citizenship laws.

Why 1.5 million people can't vote in Austria's crucial federal election

As Austria prepares for its upcoming National Council elections on September 29th, nearly 1.5 million people living in the country will be unable to participate despite being of voting age, Austrian media has reported.

This group, which represents around 19 percent of the population aged 16 and over, is largely composed of residents who do not hold Austrian citizenship.

While Austria has some of the most restrictive citizenship laws in the world, the election will still see some new eligible voters—particularly descendants of Nazi regime victims—casting their ballots for the first time, thanks to a 2019 amendment to the citizenship law that made the naturalisation process less restrictive for these cases. Among them is British actor Stephen Fry, whose grandmother fled Austria to escape Nazi persecution.

READ ALSO: Austria improves nationality law for descendants of Nazi victims

Over the past two decades, the number of residents not eligible to vote has more than doubled, from around 9 percent in 2002 to 19 percent today. Of the 1.5 million residents unable to vote, about half are citizens of other EU countries. While they are allowed to vote in EU elections, they are excluded from Austria’s national elections.

This growing number of non-voters contrasts with the shrinking pool of eligible voters. Despite having around 6.3 million eligible voters, Austria’s stringent naturalisation process means that only a small fraction of its long-term foreign residents can (or want to) attain citizenship and the right to vote.

READ ALSO: What makes Austrian citizenship so hard to get?

Who is eligible for citizenship in Austria?

Currently in Austria, if someone wants to take up citizenship via naturalisation they have to undergo an extensive and expensive process and fulfil specific criteria.

Generally, there needs to be at least 10 years of lawful and uninterrupted residence in Austria. But there are exceptions for those with citizenship of an EU or EEA country, those born in Austria, or married to an Austrian, for example.

The main hurdles, however, include having to give up any other citizenships, as Austria doesn’t allow dual citizenship in naturalisation cases with few exceptions, and paying a high fee, which depends on the municipality.

What’s at stake?

The elections will determine the composition of the National Council, Austria’s parliament. The far-right Freedom Party (FPÖ) is currently leading in the polls, followed by the centre-right Austrian People’s Party (ÖVP). The results could significantly change the country’s political landscape.

While many are still unable to vote, Austria’s decision to grant citizenship to descendants of Nazi regime victims has (slightly) expanded the voter base. 

Under this provision, around 27,800 people, mostly living abroad, have regained Austrian citizenship. The Foreign Ministry has encouraged these new citizens to participate in the elections.

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