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19/10/2022
DE: The Federal Constitutional Court ruled on the constitutionality of a legislative amendment which provided lower social benefits for single adults accommodated in collective centres.

ECLI
ECLI:DE:BVerfG:2022:ls20221019.1bvl000321
Input Provided By
EUAA IDS
Type
Decision
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Germany, Federal Constitutional Court [Bundesverfassungsgericht], Decision of the First Senate, 1 BvL 3/21, ECLI:DE:BVerfG:2022:ls20221019.1bvl000321, 19 October 2022. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2954
Case history
Other information
Abstract

The Federal Constitutional Court ruled that Section 2, paragraph 1 sentence 4 no. 1 of the Asylum Law which provides that asylum seekers who are single persons accommodated in collective centers receive reduced benefits is unconstitutional. The case concerned the amendment which entered into force in 2019 and provided that single people and single parents who are accommodated in collective centres were downgraded from standard rate 1 (which otherwise single adults are entitled to) to standard rate 2 (which is intended for spouses). The amendment was justified but the assumption that people living together in communal accommodation would form a "community of destiny" and could make savings in household management by working together. As a result, those affected received benefits that were reduced by 10% (404 instead of 449 euros per month). The case was submitted by the Düsseldorf Social Court which sought clarification on the compatibility of the contested provision with the Constitution. The Social Court considered that the legislative provision was contrary to constitutional law.


The Federal Constitutional Court stated that a reduction in benefits through legislation cannot be completely ruled out because the persons concerned can be expected to "actually open up suitable, necessary and reasonable opportunities to directly avoid or reduce neediness ". But in the situation of asylum seekers living in collective centers, the Federal Constitutional Court considered that there were "no indications" that the collective accommodations met the requirements for assuming such expectation and for assuming savings. The sole assumption that those affected would form a "community of destiny" did not constitute reliable evidence that those affected could correspondingly reduce their needs. The court considered that the legislative amendment was not sufficiently based on facts and evidence and ruled that it was contrary to the Constitution.


Consequently, standard benefit level 1 must be granted in the future in relevant cases and the judgment of the Federal Constitutional Court can only apply retroactively if the benefit notifications have not yet become final and the standard level 1 has to be is to be granted retrospectively from 1 September 2019.


Country of Decision
Germany
Court Name
DE: Federal Constitutional Court [Bundesverfassungsgericht]
Case Number
1 BvL 3/21
Date of Decision
19/10/2022
Country of Origin
Sri Lanka
Keywords
Reception/Accommodation
Other Source/Information
Federal Constitutional Court