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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

EXPLAINED: Why Austria does not recognise the state of Palestine

Norway, Spain, and Ireland have announced they will recognise Palestine as a state - so where does Austria stand and why?

EXPLAINED: Why Austria does not recognise the state of Palestine

The war in the Middle East has brought back some significant debate in Austria and Europe in general. When is criticism of Israel a demonstration of antisemitism? Is a two-state solution, with the recognition of Palestine as a country, the answer to end the region’s bloodshed? And where does Austria stand on the matter?

As it is, “Palestine is not recognised by Austria as a state in the sense of international law”, according to the country’s Foreign Ministry

Israel’s Prime Minister Benjamin Netanyahu has repeatedly spoken out against a separate Palestinian state, which the USA and the Europeans support in principle.

So far, there is only a Palestinian Authority (PA) with very limited state rights, which is based in the West Bank.

READ ALSO: Why conservatives in Lower Austria want to tighten citizenship rules

Which EU countries already recognise the Palestinian state?

Norway, Ireland, and Spain announced they would recognise Palestine as a state by the end of May. The three countries have already attracted a furious response from Israel, which called back its ambassadors in response.

Still, other EU countries might follow suit in hopes that the recognition would help peace negotiations in the region. Slovenia and Malta have also hinted at the imminent recognition of Palestine as a state. 

Sweden took this step ten years ago. The other nine EU states that already recognise Palestine as a state, including Hungary, Poland, Romania, Bulgaria, the Czech Republic, and Slovakia, did so when they were not yet EU members.

Around 140 out of 193 UN members recognise Palestine as a state.

Palestine, therefore, has the status of an observing non-member state in the UN. This means it can participate in meetings of the General Assembly but does not have the right to vote. Palestine has been a member of the International Criminal Court (ICC) based in The Hague for almost ten years since 2015.

Palestine cannot be recognised as a full member of the UN until a majority of the UN Security Council votes in favour.

However, the Palestinian territories are not recognised as a state by the USA, France and the United Kingdom – all three of whom are permanent members of the Security Council. They only want to agree to recognition once the conflict with Israel has been peacefully resolved.

READ ALSO: Concern grows in Austria over rise in anti-Semitic acts

What about Austria?

Austria insists on a “political process,” Kurier reported. Austria has long been a supporter of a negotiated two-state solution based on international law.

“We are deeply convinced that this is the only option that allows Israelis and Palestinians to live peacefully side by side,” Foreign Minister Alexander Schallenberg told the newspaper.

“Of course, this also requires the creation of an independent, democratic and viable Palestinian state.”

The Foreign Minister proposes further negotiations for the two-state solution. “Symbolic recognition at this point will not help the Palestinians. Rather, a sustainable solution is needed so that both sides can live in peace and security,” the minister said.

Strong ties to Israel

Austria has also, of course, been a strong ally of Israel for decades. It has repeatedly shown its support for the country and the Jewish population, a historical tie going back to the legacy of the Holocaust. 

Recently, Austria was among the few countries that voted no to a ceasefire as a United Nations resolution. 

Explaining Austria’s rare decision to take a firm stance, Chancellor Karl Nehammer of the conservative People’s Party (ÖVP) said: “A resolution in which the terrorist organisation Hamas is not named, in which the atrocities committed by Hamas on October 7th are not condemned and in which Israel’s right to self-defence, which is enshrined in international law, is not stated – Austria cannot agree to such a resolution.”

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