Zur Verfassungswidrigkeit von Sanktionen bei Hartz IV

Burkiczak, Christian

doi:10.37307/j.1864-8029.2012.06.06

SGb

2012

DOI: 10.37307/j.1864-8029.2012.06.06

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Zur Verfassungswidrigkeit von Sanktionen bei Hartz IV

Christian Burkiczak¹

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“… 20. Cf. Neškovic and Erdem (2012); Drohsel (2014); Berlit (2013); Merold (2016); Burkiczak (2012); Neškovic and Erdem (2012a). …”

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Welfare sanctions and the right to a subsistence minimum: A troubled marriage

Gantchev

2020

European Journal of Social Security

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Can welfare sanctions and the right to a subsistence minimum coexist? The present article sheds light on this question by examining recent developments in German social assistance law and placing them in the broader international legal context. In November 2019, the German Constitutional Court declared a large portion of the applicable regime unconstitutional because it violated the basic right to a guaranteed subsistence minimum. The first part of the article examines this German basic right and the way its normative requirements are applied by the Constitutional Court to welfare sanctions. Two important points of reference which are discussed relate to the effectiveness of the measures and the availability of sanction mitigation instruments that safeguard the constitutionally guaranteed subsistence minimum. The second part of the article carries out a similar examination into the international human right to social assistance and the respective case law of the international supervisory bodies. A comparative legal analysis is carried out in the third part, which highlights the similarities between the German and the international legal approach to minimum social protection and welfare sanctions. The article concludes with the observation that welfare sanctions and the right to a subsistence minimum can only coexist under the condition that states respect the absolute nature of minimum social protection and reconcile the adopted measures with the primary objective of social assistance: reintegration and social inclusion.

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“… 20. Cf. Neškovic and Erdem (2012); Drohsel (2014); Berlit (2013); Merold (2016); Burkiczak (2012); Neškovic and Erdem (2012a). …”

mentioning

confidence: 99%

Welfare sanctions and the right to a subsistence minimum: A troubled marriage

Gantchev

2020

European Journal of Social Security

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Zur Verfassungswidrigkeit von Sanktionen bei Hartz IV

Cited by 1 publication

References 0 publications

Welfare sanctions and the right to a subsistence minimum: A troubled marriage

Welfare sanctions and the right to a subsistence minimum: A troubled marriage

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