A former President of the Federal Social Court, Rainer Schlegel, has issued a legal opinion defending the proposed tightening of sanctions within the new basic security system, a move already drawing significant political opposition. The opinion, reported by “Süddeutsche Zeitung”, asserts that even complete benefit termination – known as Totalsanktionen – can be constitutionally permissible, particularly for single individuals. The assessment was commissioned by the Neue Soziale Marktwirtschaft (INSM), an initiative funded by employers.
The legal justification arrives against a backdrop of heightened scrutiny following a 2019 ruling by the Federal Constitutional Court, which significantly restricted the scope for implementing sanctions. Schlegel’s opinion directly challenges this precedent, arguing that the legislature should not be constrained by previous court decisions. He maintains that the hurdles established by Karlsruhe are navigable, contingent upon the inclusion of proportionately designed hardship clauses.
While acknowledging the potential for disproportionate consequences, especially for partners and children, resulting from complete benefit cuts, Schlegel advocates for a stricter interpretation of hardship exemptions for single individuals – suggesting, for example, that only a concrete threat of homelessness would warrant intervention.
The timing and provenance of the opinion lend it considerable political weight. Schlegel previously served as an advisor to Carsten Linnemann, the CDU General Secretary, who jointly negotiated the overhaul of the citizen’s allowance with SPD leader and Labour Minister Bärbel Bas. This connection casts a significant spotlight on the legal opinion’s impact on the ongoing legislative process.
Currently, whilst Totalsanktionen are technically possible, their implementation is extremely rare due to demanding evidentiary requirements. Schlegel’s legal assessment proposes significantly lowering these barriers, potentially empowering job centers to terminate benefits based on mere suspicion of non-cooperation, dispensing with the need to provide concrete proof.
Labour Minister Bas is additionally pushing for the application of Totalsanktionen when individuals fail to attend appointments at job centers – a measure slated for formal drafting following recent coalition committee decisions and intended for introduction to the Bundestag in November. Critics, including the Jusos, the Green Party and the Left Party, have already denounced these plans as unconstitutional. The debate underscores a deepening ideological rift over the social safety net and the respective responsibilities of the state and the individual.
