Hartz IV, il sistema delle sanzioni e ciò che il Bundesverfassungsgericht (non) ha detto

The Hartz IV system, benefit sanctions and what the German Federal Constitutional Court did (not) mean to say.

Authors

  • Sonja Haberl

DOI:

https://doi.org/10.57660/dpceonline.2020.1180

Keywords:

human dignity; social state principle; minimum standard of living; welfare sanctions; proportionality test.

Abstract

On 5 November 2019 the German Federal Constitutional Court rendered its long-awaited decision on the constitutionality of welfare sanctions in the framework of the German unemployment II welfare benefit system (better known as Hartz IV). Under the current rules, Hartz IV recipients can see their payments reduced by 30%, 60% or even cut completely, if a job centre adviser deems they have failed to “cooperate”. In its landmark judgement the Court ruled that this sanction scheme is partly unconstitutional as it does not comply with the protection of the right to a minimum standard of living. Given that the necessary legislative amendments have not yet been enacted, job centres in Germany are currently called upon to impose sanctions according to the transitional provisions set out by the Constitutional Court.

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Published

2021-01-18

How to Cite

Haberl, S. (2021). Hartz IV, il sistema delle sanzioni e ciò che il Bundesverfassungsgericht (non) ha detto: The Hartz IV system, benefit sanctions and what the German Federal Constitutional Court did (not) mean to say. DPCE Online, 45(4). https://doi.org/10.57660/dpceonline.2020.1180

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