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Graf: "Decision of the Federal Constitutional Court is an outstanding achievement"

Supreme Constitutional Judge: "right to human dignity Sozialgel d"

Graf: "Decision of the Federal Constitutional Court is an outstanding achievement"

The verdict: resentment of the constitutional guardian of Undermining human dignity to feel

By Andreas Klamm Sabaot, journalist and news correspondent

Karlsruhe / Berlin. 10. February 2010. In its ruling on the Hartz 4 - usually the highest power rates reach constitutional court in Germany to the conclusion that the provisions of the Second Social Code (SGB II), which relate to the standard benefit for adults and children who do not meet the constitutional legal entitlement to ensure a decent existence minimum from Article 1, paragraph 1, of the Basic Law in conjunction with Article 20, paragraph 1 of the Basic Law (GG) and -are unconstitutional. In an interview with international media project for human rights, "Liberty and Peace NOW! Human Rights Reporters described living in Nuremberg, author of "siding Hartz 4 - the untouchables of the nation," Hans-Jürgen Graf, the verdict of the highest constitutional watchdogs in Karlsruhe as an "outstanding performance", also the displeasure der Verfassungs-Richter über den „stümperhaften“ Versuch der Untergrabung menschlicher Würde in Deutschland wahrnehmen lasse.



Hans-Jürgen Graf: „Bedingungsloses Grundeinkommen wird nötig und es wird kommen.“, Fotos: 3mnewswire.org

Hans-Jürgen Graf, Sie waren Vorsitzender der IG PFLEGE und GLAUBE in Nürnberg, engagieren sich sozial seit vielen Jahren für kranke und arme Menschen und sind Gesundheits-Experte als staatlich geprüfter Gesundheits- und Krankenpfleger. Zudem sind Sie Autor des Buches “Abstellgleis – Hartz 4 – die Unberührbaren der Nation”.

Wie bewerten The decision of the Constitutional Court on the Hartz4 control services?

Hans Jürgen Graf: "I can only interpret from an amateur point of view. Secretly hoped actually probably almost every recipient that the government and political leaders a lesson is missed, which should probably dress in back payments for the previous periods. However, most people here confused two different approaches. This lesson would be affected in view of a human-oriented approach, but in a court of law the Senate is rarely spoken and justice.

respect I see the decision of the Federal Constitutional Court (FCC), even felt as a prominent decision to the displeasure of the Constitution and the guardian is that here is a fact but very bumbling attempt to undermine human dignity was taken. It is clarified that the determination of sets of rules in labor law must be transparent and understandable and blogs with the name of human dignity. This implies that actually all fall silent, calling for a lowering of the standard rates. However, this reaction would require intelligence. "

from their extensive years of experience, the benefits and, above all, improvements in the face of a decent existence backup created with the minimum of 9 February 2010 announced by the Federal Constitutional Court ruling?

Hans-Jürgen Graf: "If indeed capable, so competent representative bodies for the large number of aid recipients in the following years it would actually now be a simple matter to persuade the legislature to calculate viable rule sets in the SGB II and SGB XII, for the recognition of special and multi-'Bedarfen in individual cases. However, I was among those who are always in such matters examined by the legislature, such as the social organizations and the like, so far only single representatives of which I saw myself as a concerned party who really competent.

the strong influence von Lobbyisten der Wirtschaft dürfen wir natürlich auch nicht vergessen, der nicht nur in Berlin sehr groß ist. Hier habe ich halt wenig Hoffnung. Es müssten sich tatsächlich die Betroffenen selbst organisieren und nun den entsprechenden Druck nach Berlin aufbauen. Doch auch hier sehe ich, aus eigener Erfahrung, wenig Licht am Horizont. Manchmal erschien es mir bei Betroffenen, wie z. B. bei nicht wenigen Usern in Foren wie dem ELO usw., dass man zuhause sitzt und wartet dass Robin Hood vom Himmel fällt.“

Wie sollte, Ihrer Einschätzung nach, jetzt politisch verantwortliches Handeln gestaltet werden ?

Hans-Jürgen Graf: „Handeln in Verbundenheit mit den Betroffenen und . Survey of actual needs, "

need What you estimate the real income rates for social money-earners, which means today Hartz 4 - transfer power receiver called in Nuremberg be a decent Exsitenzssicherungs-minimum to . reach

Hans-Jürgen Graf: "I can tell, since I'm not an economist. However, from my own experience I would welcome a standard rate of 500 € a lot. "

On the part of political and economic prime examples is the acquisition of work-seekers are held," People, you have You are looking for work ... "- but are the many millions of new jobs are not acquisition in Germany. How do you think of the unconditional basic income?

Hans-Jürgen Graf: to suggest, "This constant palaver about the people that there were still enough jobs in Germany, has already become almost unbearable.

They are not bringing the jobs to all working people in need nationwide wage and enough bread. We will not come on time by the unconditional basic income away. It will be necessary and we will get it.

It should of course, the redistribution need of capital, but there is no shortage of rich people that would actually do to help people in their country. However, these proposals from the policy be ignored. I recall here the proposals of the Hamburg shipowner and of those who have signed his appeal to the Merkel government. An unconditional basic income is intended to finance it if I sales and profits of the companies look at the past years. However, it is not wanted by those who apparently do not have their throat enough and their influence in Berlin, I think is great. "

Thank you for the interview.

With the decision have the federal constitutional court that, inter alia: Stay

the existing requirements to a new regulation, which the legislature to 31 to meet December 2010, continue to apply, said the Federal Constitutional Court in Karlsruhe in a press release.

announced, the Federal Constitutional Court, the legislature has provided for the Neureglung also entitled to benefits to ensure an unavoidable, permanent and not just one special need for after the paragraph 7 of the Second Social Code (SGB II) for beneficiaries. This applies if, such a claim from the services in accordance with paragraphs 20 and following the Second Social Code (SGB II) nicht erfasst wird, zur Gewährleistung eines Menschen-würdigen Existenz-Minimums, der jedoch „zwingend zu decken sei“.

Bis zur Neuregelung durch den Gesetzgeber ordnete das höchste deutsche Gericht in Karlsruhe an, dass ein solcher Anspruch nach Maßgabe der Urteilsgründe, unmittelbar aus Artikel 1, Absatz 1, Grundgesetz in Verbindung mit Artikel 20, Absatz 1, zu Lasten des Bundes geltend gemacht werden kann.

Folge des Urteils des Bundesverfassungs-Gerichts: Die Hartz 4 – Regelsätze müssen neu berechnet werden, weil diese Verfassungs-widrig sind.

Die Richter des höchsten deutschen Gerichtes haben sehr umfangreiche und wichtige Aspekte zur Erarbeitung ihres on 9 Announced in February 2010 ruling in being considered.

the reasoning of the court ruling in Karlsruhe, which is from the Left politician Gregor Gysi called a "historic verdict", it also says: "The standard payment of 345 € has not been identified in constitutional and orderly way, because of the structural principles of a statistical model has been waived without justification.

The social benefit for children under the age of 14 Age of 207 € does not satisfy the constitutional law because it is derived from the claimed control in the amount of 345 €. In addition, the definition is based on any reasonable Method for determining the subsistence of a child aged under the age of 14 . Age "

The judges came to the conclusion:" The is based in Section 2, paragraph 2 ruleset Ordinance 2005 established set of rules and thus also control power consumption is not relevant to an evaluation of sustainable income and expenditure survey 1998th Because of individual expenditure items were percentage reductions for non-regular performance-related goods and services (such as furs, and Made-gliders) made without, it was clear whether the comparison group (lowest quintile) has ever made such expenditure.

Other expenditure items cuts were made, the principle of which were acceptable to, in the amount not been empirically (eg 15% reduction in the current position). Other expenditure items, as the Section 10 (education), were completely ignored, although it is not been established.

Also ask the extrapolation of the determined for 1998 amounts to 2005 dar. ENVISAGES exemplified by the current pension value a properly anti-scale change while the statistical detection method on net income, consumer behavior and cost of living, setting forth tie after the current pension value to the development of gross wages and -gehälter, den Beitragssatz zur allgemeinen Renten-Versicherung und an einen Nachhaltigkeitsfaktor an. Diese Faktoren weisen aber keinen Bezug zum Existenzminimum auf, bemängelten die Karlsruher Richter.

Die Ermittlung der Regelleistung in Höhe von 311 Euro für in Bedarfsgemeinschaft zusammenlebende Partner genüge nicht den verfassungsrechtlichen Anforderungen, weil sich die Mängel bei der Ermittlung der Regelleistung für Alleinstehende hier fortsetzen, denn sie wurde auf der Basis jener Regelleistung ermittelt, stellten die Richter unter anderem fest.

Das Buch „ Abstellgleis Hartz 4 – die Unberührbaren der Nation “ (ISBN 978-3-8334-9136-8, Paperback, 112 Seiten) published by publishers in BOD Norderstedt ( www.bod.de ) is available in all bookshops.

further information on the unconditional basic income can be found among others in www.grundeinkommen.de .

more detailed information and follow the special series "XXL-info. Care and Social Services, "in Liberty and Peace NOW! Human Rights Report and other reports and other media partners.

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Hartz 4 - standard benefits are unconstitutional

Hartz 4 - standard benefits are unconstitutional

The Court of Federal Constitutional Court in Karlsruhe: call the Alliance 90/The Greens now 420 euros per month - Gregor Gysi, the Left, "Hartz 4 attack on the welfare state / 500 € minimum-security, special and additional needs must be granted immediately" - Manuela Schwesig (SPD): "Federal Government shall establish minimum wage" - Christian Lindner (FDP) "Restarting with the public money"

By Andreas Klamm Sabaot, journalist and news correspondent

Karlsruhe / Berlin. 9. February 2010. The intensely debated provisions of the Second Social Code, relating to the standard benefits for adults and children and the so-called Hartz 4 - rule set, the first Senate of the Federal Constitutional Court in Karlsruhe on 9 February decided that the provisions of the Second Social Code (SGB II), which relate to the standard benefit for adults and children, not the constitutional right to ensure a decent subsistence from Article 1, Paragraph 1 of the Basic Law in conjunction with Article 20, paragraph 1, of the Basic Law meet (GG).

, the previous rules until a new regulation, which the legislature to 31 to meet December 2010, continue to apply, said the Federal Constitutional Court in Karlsruhe in a press release.

announced, the Federal Constitutional Court, the legislature has the Neureglung also entitled to benefits designed to ensure an imperative, ongoing, not just one special need for the provision after the paragraph 7 of the Second Social Code (SGB II) for beneficiaries. This applies if, such a claim from the services in accordance with paragraphs 20 and is following in the Second Social Code (SGB II) does not control, to ensure a decent existence minimum, but this "has to meet mandatory".

Until the new regulation by the legislature ordered the highest German court in Karlsruhe that such a claim on the basis of the grounds, directly from Article 1, paragraph 1, the Basic Law in conjunction with Article 20, paragraph 1, to the detriment of the Federal asserted can be.

result of the rulings of the Federal Constitutional Court: The Hartz 4 - sets of rules need to be recalculated because the Constitution, are unconstitutional.

The judges of the highest German court have very extensive and important aspects of their development on 9 Announced in February 2010 ruling in being considered.

The grounds for the unexpected ruling states, inter alia: "The standard payment of 345 € has not been identified in constitutional and orderly way, because it has been waived in the structural principles of a statistical model without good cause.

The social benefit for children under the age of 14 Age of 207 € is sufficient not constitutional law because it is derived from the claimed control in the amount of 345 €. In addition, the definition is based on any reasonable method for determining the subsistence of a child aged under the age of 14 . Age "

The judges came to the conclusion:" The is based in Section 2, paragraph 2 ruleset Ordinance 2005 established set of rules and thus also control power consumption is not relevant to an evaluation of sustainable income and expenditure survey 1998th Because of individual expenditure items were percentage reductions for non-regular performance-related goods and services (such as furs, Made- und Segelflugzeuge) vorgenommen, ohne dass feststand, ob die Vergleichsgruppe (unterstes Quintil) überhaupt solche Ausgaben getätigt hat.

Bei anderen Ausgabepositionen wurden Kürzungen vorgenommen, die dem Grunde nach vertretbar, in der Höhe jedoch empirisch nicht belegt waren (zum Beispiel Kürzung um 15% bei der Position Strom). Andere Ausgabepositionen, zum Beispiel die Abteilung 10 (Bildungswesen), blieben völlig unberücksichtigt, ohne dass dies begründet worden wäre.

Zudem stelle die Hochrechnung der für 1998 ermittelten Beträge auf das Jahr 2005 anhand der Entwicklung des aktuellen Rentenwerts einen sachwidrigen Maßstabswechsel dar. Während die statistische Discovery method on net income, consumer behavior and cost of living ENVISAGES, the update to establish the current pension value to the development of gross wages and salaries, the contribution rate to the general pension insurance and to a factor of sustainability. These factors, however, have no relation to the subsistence level, criticized the Karlsruhe judges.

The determination of the control in the amount of 311 € for cohabiting in need community partners did not meet the constitutional requirements, because to continue the shortcomings in the determination of the control performance for a single person here, because it was calculated on the basis of that standard benefit, presented the judges states among other things.


policy responses to the appeal for human dignity Existenssicherung

Ulrike Höfken, Rhineland-Palatinate, Bundestag MP and spokesperson for Nutrition Policy and the National Council spokesman for Alliance 90/The Greens in Rhineland-Palatinate, Daniel Köbler , said after the announcement of the ruling by the Constitutional Court, according to the rule sets after the Hartz 4 - are unconstitutional rule set-Regulation:

"The federal government must not only give answer to the question of a reasonable rule-set height for the 1.7 million affected children . The adult over 5 million Receivers require an increase in their Hartz IV rate to 420 €. Black and yellow must provide immediate solution here, "

The decision of the Constitutional Court was overdue and acknowledge the criticism of the Greens. Have long been the social organizations or the Dortmund Research Institute for Child Nutrition points out that not enough current rates for children for a dignified human existence-minimum and a healthy diet.

"The federal government is now required to make not only the calculation of the standard rates more transparent. We continue to call for an increase in the standard rates for children and € 330 in perspective a child's basic security for all families. "added Daniel Köbler.

The federal government doing nothing to combat child poverty. Children have learned of the increase in child-benefit nothing, "since it is deducted from the rule set again," complained the Greens politician Höfken.

The party now demanded immediate consequences of the decision of the Constitutional Court. For this purpose the party had tabled a motion in the Bundestag. The 10 billion euros from the "non-answer the tax-cutting activities of the FDP and CDU are used for the creation of social justice," added the Green Party. The

Secretary General of the CDU, Hermann Gröhe said the ruling of the federal constitutional court in Karlsruhe: "Children need care in a comprehensive sense. The decision of the Constitutional Court is a ruling in the interest of the children involved - that is good and right! Because they are the ones who are suffering from unemployment of parents especially.

these in mind, the policy needs to act now and find solutions. What we need are initially comprehensible computational methods appropriate to each situation in the families' needs.

same time is clear: it's about more than the amount of financial resources. Children need attention in the broad sense. This participation is part of good education, measures of youth and family services, qualification measures and the adequate provision of child care services-from day care to day care place. "

's for the parents increases the chance of taking a job and so from Hartz IV come out.

Grühe Hermann: "We will also keep an eye on those families who have to cope in spite of hard work with low income. In this respect, the rule set for children, the children's allowance and child benefit will always be considered together. For the CDU, the situation of suffering from poverty and from poverty at risk children have a special challenge, . We want to provide us with all our strength "

Gysi:" Hartz 4 "- attack on the welfare state

" The Federal Constitutional Court's decision on the SPD and Greens, but also on the CDU and FDP a devastating indictment " said Gregor Gysi, the Left Party, the ruling of the Federal Constitutional Court.

"Hartz IV is an attack on the welfare state and poverty, by law. The rule benefits for adults and children with Hartz IV are unconstitutional and not a living wage. This addition to the organization and the substantive content of Hartz IV, has been declared unconstitutional. The Left sees itself in its basic . Criticism of the Hartz laws confirmed "

The Chairman of the Group of The Left said:" It is a historic verdict. The Federal Constitutional Court found the superior court for the first time in German history that the Social Democratic Party of Germany to the initiated by her and has decided Hartz IV laws violated human dignity and contrary to the welfare state bid of the Basic Law. In the SPD and Greens, in particular the SPD, it is now a debate on the agenda of the government's policy Schröder / Fischer, start to its own location and its own strategy.

The judges have given the legislature within to resolve short term, what a person needs to live. Special and additional needs must be granted immediately. Hartz IV has finally failed. With the Karlsruhe ruling, the entire construct of humiliation, repression and the massive pressure it is alleged radical effect on wages.

Judgement shall be used now to develop in this legislative period, a decent, fair, repression-free system of social security and fair wages. The Left will call for a needs-covering guaranteed minimum of 500 € a standard benefit for adults, a separate children's basic security and a nationwide legal minimum wage of 10 €. We are for solving the problems of precarious employment and low wages and tax fairness fight "

The FDP General Secretary, Christian Lindner said the ruling of the federal constitutional court in Karlsruhe." Today's ruling is the Hartz system exposed again as a bureaucratic, arbitrary and total screwed up. The image of Hartz IV is legitimately bad. With the public money, the Christian-liberal coalition of the restart for an activating basic security in the program. This testing order was soon to be filled with life. "

SPD politician calls for minimum wage

The Party vice-chair Manuela Schwesig welcomed the decision by the Federal Constitutional Court in Karlsruhe and called on the federal government to immediately establish an independent rule sets for children and one-time benefits.

The policy had received the unequivocal order, more for children and teenagers to do in the country. The SPD, announced Schwesig, will be making at all levels for strong ". We want all children have good opportunities in life and grow up healthy,"

The SPD politician called on the federal government to "separate rule sets for children and to provide child-specific one-time benefits. "For children," said Schwesig, "are not small adults, but children have specific needs. " But they would also need adequate financial support.

Manuela Schwesig asked by the federal government for the immediate introduction of a statutory minimum wage. Reason: "For good work for the parents was the" best weapon against child poverty. " Starvation wages for hard working parents who need to increase their income by Hartz IV should not be tolerated any longer.

more detailed information and follow the special series "XXL-info. Care and Social Services, "in Liberty and Peace NOW! Human Rights Report and other reports and with other media partners.