Seite - 200 - in Austrian Law Journal, Band 2/2021

ALJ 2021 Nunner-Krautgasser/Weidinger 200 In 2020, 54,688 people received support from one of the 10 recognised debt counselling agencies in Austria. Of the 7,296 consumer insolvency proceedings opened, 67% of all debtors were accompanied by a recognised debt counselling agency. Of these individuals, 38% had no income from employment. 27% of the individuals accompanied by the recognised debt counselling agencies did not receive more income than the statutory subsistence minimum. On average, the accompanied debtors were in debt with about € 60,000.171 Practice shows that mainly debtors with no or below-average income are represented by a debt counselling agency;172 at the same time, the number of those seeking advice from a recognised debt counselling agency is steadily increasing.173 B. Quality of the existing credit counselling The debt counselling agencies operate on a public mandate and are also financed from public budgets. All debt counselling agencies operate under the internationally recognised ISO 9001174 quality management system; the certification is conducted by the umbrella organisation.175 An ISO 9001 quality management system ensures that both legal requirements and client satisfaction are guaranteed. A process-oriented approach is taken and opportunities and risks are evaluated on an ongoing basis.176 The supporting services of the recognised debt counselling agencies are structured according to the so-called self-help principle ("Selbsthilfeprinzip"). All those activities that the debtor can carry out himself are left to him; only when this is no longer possible due to the specific circumstances the recognised counselling agencies will intervene.177 In addition to the direct support of debtors in debt settlement or insolvency proceedings, emphasis is also placed on the long-term stabilisation of the financial situation of the debtor.178 Debt counselling agencies are also active in financial education: Special offers for children, young people and adults are intended to provide financial education and prevent over-indebtedness later on.179 The debt counselling agencies therefore fulfil not only legal but also economic and social work activities.180 According to a study by the Vienna University of Economics and Business Administration, every Euro invested in recognised debt counselling agencies creates an economic and social equivalent of € 5.30. The study concludes that the activities of the recognised debt 171 ASB Schuldenberatungen, Schuldenreport 3. 172 Pfandl/Schmid, Insolvenzrecht 65. 173 Maly, Der neue Privatkonkurs funktioniert… jetzt aber noch die Exekutionsordnung reformieren! 23 Jahre persönliche Praxiserfahrungen eines Schuldnerberaters, juridikum 2019, 114 (115). 174 DIN EN ISO 9001:2015. 175 ASB Schuldenberatungen, Schuldenreport 14. 176 Quality Austria, ISO 9001 Qualitätsmanagement (2020) 1. 177 Bundesministerium für Arbeit, Soziales, Gesundheit und Konsumentenschutz, Ausweg 30. 178 ASB Schuldenberatungen, Schuldenreport 12; ifs Schuldenberatung, 30 Jahre Schuldenberatung (2018) 2. 179 ifs Schuldenberatung, 30 Jahre Schuldenberatung 2; ASB Schuldenberatungen, Schuldenreport 24. 180 Kodek, Insolvenzrecht2 Rz 60.