Entry should have
been expunged
Law amendment
in preparation
The country in question in this case showed itself incapable of performing this collaborative work efficiently and in a timely manner.
Therefore, the Federal Ministry of the Interior should have assessed
this inadequacy as "doubt” relative to the conviction’s compliance
with human rights and should have expunged the complainant’s
entry no later than after a year or even earlier, after the end of the
decision period of six months.
It is, however, a positive aspect that in view of this case the Federal
Ministry of the Interior has contacted the Federal Ministry of Justice
in order to amend the law. The Federal Ministry of Justice agreed to
prepare an appropriate amendment of the law in order to remove
any remaining ambiguities and to enable a timely expungement of
doubtful criminal record entries from foreign countries. The AOB will
keep the legislative process under observation.
Principle of equality
LICENCE TO PRACTICE AS A GENERAL PRACTITIONER
While Austrian graduates with a medical degree automatically
receive a licence to practice medicine in all EU countries, however, in Austria itself they may not practice as a general practitioner without additional education and training. In order to work
as a GP, they must acquire a specific diploma as a general practitioner or a specialist.
Consequences
of legal situation
30
This legal situation favours primarily foreign students, who will in
any case return to their home countries in the EU. But considering
the waiting times for openings for study places where basic medical
studies can be completed, Austrian and foreign students can, for
example, see this as an additional incentive to immediately gain a
professional foothold in the EU area. This, however, does not automatically correspond to the interests of the Austrian population with
regard to having adequate numbers of GPs available for the best
possible care.
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