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 guardians feel about the undermining of human dignity
By Andreas Klamm Sabaot, journalist and news correspondent
Karlsruhe / Berlin . 10. February 2010. In its ruling on the Hartz 4 - standard benefit rates reach the highest 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, not the constitutional legal entitlement to warranty 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 that are constitutional, 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 of the constitutional perceive judges over the "botched" attempt to undermine human dignity in leaving Germany.
Hans-Jürgen Graf: "Unconditional basic income is necessary and it will come." Photos: 3mnewswire.org
Hans-Jürgen Graf, you were chairman of the IG CARE AND FAITH in Nuremberg, has been involved in social many years for sick and poor people and are health expert as a certified health and nursing. You are also author of "siding - Hartz 4 - the untouchables of the nation".
How do you evaluate the decision of the Constitutional Court on the Hartz4 control services?
Hans Jürgen Graf: "I can only amateur View interpret. 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 as a prominent decision to feel the anger and the guardian of the Constitution is that this is a really great but bumbling attempt the undermining of 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 in fact enabled, even professional interests, representatives 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 and 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 of lobbyists for the economy, we must also not forget that is not only in Berlin is very big. Here I hold little hope. It would have actually affected the self-organize and build up the pressure now to Berlin. But even here, I see firsthand some light on the horizon. Sometimes it seemed to me at parties, such as in not a few users on forums such as the ELO, etc. that you sit at home and waits for that Robin Hood falls from the sky. "
How should your opinion, now politically responsible action to take?
Hans-Jürgen Graf. "Actions in solidarity with the victims and bringing its actual needs,"
What would you estimate the real income rates be called transfer power receiver, in Nuremberg, to achieve a decent Exsitenzssicherungs-minimum - for social cash-earners, which means today Hartz 4th
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 € very "
On the part of political and economic prime examples is the acquisition of work-seekers are held," People, you need to find work .... "- But are the many millions of new jobs are not acquisition in Germany. How do you think about 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 of wealth is necessary, but there are quite a few of rich people that would actually do so in order to man their to help the 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 ruling, the Federal Constitutional Court judges have determined, among other things: 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 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 reasoning of the court ruling in Karlsruhe, which of dem Die Linke- Politiker Gregor Gysi als „historisches Urteil“ bezeichnet wird, heißt es auch: „Die Regelleistung von 345 Euro ist nicht in Verfassungs-gemäßer Weise ermittelt worden, weil von den Strukturprinzipien des Statistikmodells ohne sachliche Rechtfertigung abgewichen worden ist.
Das Sozialgeld für Kinder bis zur Vollendung des 14. Lebensjahres von 207 Euro genügt nicht den Verfassungs-rechtlichen Vorgaben, weil es von der bereits beanstandeten Regelleistung in Höhe von 345 Euro abgeleitet ist. Darüber hinaus beruht die Festlegung auf keiner vertretbaren Methode zur Bestimmung des Existenzminimums eines Kindes im Alter bis zur Vollendung des 14. Lebensjahres.”
Die Richter gelangten 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 the evaluation of a 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.
For other items of expenditure cuts have been made that the reason was for justifiable in height but not substantiated empirically (for example, reduction by 15% at 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 Gross wages and salaries, the contribution rate for general insurance and pensions to a sustainability factor to. These factors but have no relation to the Subsistence complained to the 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 judge with other set.
The book " siding Hartz 4 - the untouchables of the nation " (ISBN 978-3-8334-9136-8, Paperback, 112 pages) published by the publisher in BOD Norderstedt ( www.bod.de ) is in all an act available.
Further Information on unconditional basic income can be found inter alia 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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