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.
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