Equality requirement: judgment of the Constitutional Court on children's surcharges

Equality requirement: judgment of the Constitutional Court on children's surcharges

The decision of the Baden-Württemberg Constitutional Court has far-term effects on the family life of parents who work part-time. On July 12, 2024, the court ruled that the existing regulation for part -time employment both parents violates the equality requirement in relation to the child supplement. This means that the current practice in which parents are disadvantaged despite joint part -time employment is not durable.

unequal treatment and constitutional compliance

The Constitutional Court found that this regulation is not only unfair, but also possibly unconstitutional. The decision shows that parents who work part -time and do not achieve the full -time lessons are treated unjustifiably worse than, for example, part -time working alone. While these could receive higher surcharges in individual cases due to their part -time employment, the current regulation provides that the amount of the proportion of the family surcharge depends on the respective working hours. In this specific case, the plaintiff was only granted 35.71 percent of the child -related share, which brought her and her husband into an unequal position to other parents.

In the legal assessment, the court found that there are no objective reasons for this inequality. No factual arguments were presented that could justify this distinction. This is followed by a clear request to the legislator in Baden-Württemberg, to create a constitutional regulation by December 31, 2025, which must come into force adequately on January 1, 2024.

legal Situation in other federal states

Although this decision only applies directly to Baden-Württemberg, it shows possible effects on other federal states such as Bavaria, where there are similar regulations. A comparable procedure is also sought in the Free State to ensure that the rights of part -time parents are not violated. The Bavarian Official Association (BBB) has already indicated that discussions with the Ministry of Finance are pending possible adjustments and clarifications in order to check the legal situation here too.

In Bavaria, the guidelines of the civil service law provide for a regulation that is treated similar to Baden-Württemberg. If both parents work part -time and together at least the working hours of a full -time employee, they are entitled to the full family surcharge. This shows that there are differences in the federal states and that a uniform, fair regulation is necessary.

Regardless of the current legal situation, the requirement for equality and justice in the family surcharge is an important topic that must not be ignored in the public discussion. The Constitutional Court has set a sign here and showed the need to review and adapt the laws.

relevance of the decision for parents

The decision has an immense meaning for many working parents. This is not only aimed at the beneficiaries in Baden-Württemberg, but also sets a standard that can also serve as a benchmark for other federal states. Parents who work part -time have the right to support that meets their actual needs. The pressure on the legislators to create fair and fair regulations is significantly increased by such judgments. In a changing working environment, in which diverse employment models are becoming increasingly common, it is crucial that the legal framework remains flexible and fair in order to meet the different life of life of families.

In the decision of the Baden-Württemberg Constitutional Court, the inequality of part-time employees in relation to the child-related family surcharge is pointed out, but also the broader social issues that result from such laws. Part -time employment is increasingly widespread in the modern working world, and many families are forced to choose flexible working models to agree childcare and work.

The different regulations in the federal states can lead to unequal treatment of civil servants. In this context, it is repeatedly noted that such inequalities not only have financial burdens, but could also affect the decision for part -time work. Parents can see themselves forced to work full-time so as not to lose the financial benefits, which in turn has an impact on the compatibility of professional and family life.

legislative reactions and possible reforms

The Constitutional Court of Baden-Württemberg has clearly stipulated that a new regulation must take place by December 31, 2025. This means that the legislator is now responsible for creating a new, constitutional rules that ensures equal treatment. It remains to be seen whether and how quickly the legislature will react to this decision in order not to risk any further legal challenges.

In Bavaria, the decision in Baden-Württemberg could serve as an impetus for similar reviews of the existing regulations in the Free State. It is to be expected that the Bavarian Civil Service (BBB) will activate the review and adaptation of the regulations in the coming months in order to achieve equality in the sense of the decision of the Baden-Württemberg Constitutional Court. The dialogue between the unions and the Bavarian Ministry of Finance will be crucial to find a fair solution.

social and economic implications

The regulation of the child -related family surcharge not only has legal consequences, but also in -depth social and economic effects. Especially at a time when the compatibility of work and family increasingly focuses on, it is in the interest of society that part -time employees are adequately supported. Targeted funding can help to make parents a contribution to the family budget even part -time without having to do without financial aid.

In addition, there are numerous studies that show that social acceptance and support for part -time work not only promotes the well -being of the children, but also has positive effects on the economy in the long term. For example, an investigation by the Federal Ministry for Family, Seniors, Women and Youth shows that stronger integration of part -time positions into the labor market can lead to an increase in the employment of women, which in turn improves the economic situation of many families.

In order to meet future challenges and to ensure equality in the payment of part -time employees, it is crucial that both legal framework and social norms are covered. The decision of the Constitutional Court could be the first step in one direction that redefines the topic of compatibility of work and family.