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