Sanctions in the citizens' allowance: Does the subsistence level endanger?

The discussion about the future of citizenship money and possible reforms for basic security gains driving. A reform aimed at by the Union and the SPD aims to oblige unemployed people to find an active job. According to reports, a repeated rejection of job offers could lead to a complete withdrawal of the services, which would result in return to so -called total sanctions. These had already been classified by the Federal Constitutional Court in 2019 as incompatible with the decent subsistence level.

The CDU calls for the reintroduction of these controversial total sanctions, which would enable job centers to delete the entire standard rate as well as rental and heating costs. However, the Federal Constitutional Court has emphasized that the state must guarantee a decent subsistence level. Individual people have to actively participate in overcoming their need for help, but the sanctions must be proportionate. Over 30% of the sanctions were declared disproportionate. The complete withdrawal of basic security is only permitted under strict requirements.

constitutional basics

A judgment of the first Senate of the Federal Constitutional Court of November 5, 2019, which deals with sanctions in social law, forms the legal foundation of this debate. It says that the constitutional requirements for basic security benefits are based on the fundamental right to a decent subsistence level. This includes the right to secure physical and socio -cultural existence, whereby human dignity is also preserved in the event of "unworthy" behavior.

The judgment stipulates that the legislator can bind existence -assurance services to the subordinate principle, but this is the case with the condition that employable activity is active to overcome their need. Relatively obligations are permitted to enforce obligations. In the case of sanctions that lead to extraordinary stress, strict requirements must be observed in proportionality. The persons concerned must also be able to avert the reduction of their services through their own behavior.

The political discussion about the sanction regulations, which has been increasingly conducted since the introduction of the civil allowance in 2023, shows a ambiguity about the identification of “total refusers” among job centers. This leaves questions about the legal implementation and the reaction of the traffic light coalition to this challenge, especially with regard to the requirements of the Federal Constitutional Court.

The debate on reformed sanction regulations in basic security remains up to date. It illuminates the area of ​​tension between the guarantee of a decent life and the need to enforce obligations to cooperate, and requires careful consideration.