In two cases, people sued who had applied for Hartz IV in vain.

Karlsruhe rejects Hartz IV exclusions for foreigners – The most important thing to start with:

Two affected people who were denied Hartz IV have now sued. The social court turned to the constitutional court, which had now dismissed the lawsuits as inadmissible.

Hartz IV benefits do not depend on nationality. However, if someone is not allowed to work because of their residence status, they are excluded. Even if you want to do training for which you can receive state funding, you are not eligible for Hartz IV. You can apply for Bafög up to the age of 30.

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Lawsuit in two cases

In Mainz, an adult Iranian woman wanted to train as a radiology assistant. There was no compensation for the training itself. Because of her age, Bafög was no longer possible. No other aid was approved either. She was therefore forced to stop her training.

The father of a young family from Uzbekistan completed his medical studies in Germany. He then tried in vain to get Hartz IV or social assistance so that he could look for work.

Both have now sued.

Content deficiencies and ambiguities

Only the Federal Constitutional Court can declare laws unconstitutional. If another court has doubts about a specific decision, it will suspend the proceedings and turn to Karlsruhe for review.

Despite two submissions from a social court, the Federal Constitutional Court does not want to deal with the fact that some foreigners and trainees are denied various social benefits. However, the Mainz Social Court considers the regulations to be unconstitutional. The fundamental right to guarantee a humane minimum subsistence level had been violated, which is why the Constitutional Court was contacted in 2016.

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However, the judges in Karlsruhe rejected both submissions as inadmissible. The decision is justified by substantive deficiencies and ambiguities.

Source: Süddeutsche Zeitung
Article image: Shutterstock / By Valery Evlakhov


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