Social law (Germany)

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The social law covers all legal norms of public law , to hedge social risks such as particular disease , care , work and no income , age or death serve. The term is comparatively new and has only been used consistently in Germany since the 1960s to 1980s. For the preceding period, from the late 19th century until the mid- 20th century , had been the "social law" nor understood something quite different, namely what is today Corporate Law calls, however, including the right of legal persons of public law .

Social law is part of administrative law . Social law laws grant the citizen claims against certain social service providers ( health insurance , employment agency , job center , pension insurance and others) for benefits in kind such as medical treatment or cash benefits such as basic security or a pension due to old age or reduced earning capacity . The constitutional bases for this are the welfare state principle and the substantive rule of law of the Basic Law as well as the fundamental right to human dignity and the general principle of equality . References to international law have also become increasingly important for social law , in particular the provisions that result from the UN Convention on the Rights of Persons with Disabilities for the rehabilitation and participation of people with disabilities . Many social rights are human rights .

In Germany, social law was largely co-founded by Hans F. Zacher as a scientific subject. Social science and socio-political approaches deal with the same social reality, but examine them from a different perspective. At the same time, health economics, for example, is of great importance for health law because substantive social law and social law practice must be informed about the subject matter they are supposed to regulate.

history

Beginnings

The societal response to social risks, particularly material poverty and disease , has not been uniform throughout history. The beginnings of welfare for the poor emerged in the early church , i.e. in the orders and monasteries . They were directly motivated by Christian charity . The modern state of the modern age then increasingly attracted this function to itself, promoted by the weakening of the church during the Reformation . The state's treatment of the poor focused on the newly formulated role of work and therefore treated the poor as a disciplined group in society who were taken into poor houses and workhouses and, as far as possible, forced to work there. During this time the idea arose that one should distinguish between different groups of people who were the target of different measures, especially between locally resident and foreign, immigrant poor; between indebted and not indebted poor; and between those who are able to work and those who are not able to work (“ Whoever doesn't work shouldn't eat ”). From the 16th to the end of the 17th century state law "policey regulations" were enacted, and the aim was to ensure a "good policey", which corresponds roughly to today's legal concept of public safety and order . Social justice was thus one since that time repressive , based on command and forced police law , which the absolutist police state was enforced. There was no clear demarcation from the rest of regulatory law or criminal law . There was also a certain social provision for certain groups of people in the form of self-help in cooperatives , guilds and guilds that had existed since the Middle Ages .

Empire

Modern social law is a response to the social question of the 19th century . Increasing urbanization and industrialization led to mass society . Welfare for the poor, which was available to everyone in a certain place according to the residence principle, prevailed against the exclusion of immigrants, because the latter could not have been reconciled with the needs of the industrial society, which demanded the most free change of labor. Because of the ongoing social problems, the wage earners united to form the labor movement . The Wilhelmine state reacted repressively to this with the socialist laws (1878 to 1890), but then flanked them with the introduction of social insurance , which was announced in the imperial embassy of November 17, 1881. In 1884 the law on health insurance for workers came into force, in 1885 the Accident Insurance Act followed , and in 1891 the law on invalidity and old age insurance. The Reich Insurance Code was passed on June 19, 1911 . The " Insurance Act for Salaried Employees ", which was passed at the same time, provided social security that was to be classified between workers and civil servants.

First World War and Weimar Republic

The consequences of the First World War presented the state with the task of looking after the numerous war victims and reintegrating them into civil life. To this end, the Severely Disabled Act was passed in 1920 , which introduced an obligation for employers to employ war victims, accident victims and the blind. That was also the beginning of legislation for people with disabilities in Germany.

At the beginning of the Weimar Republic , the Reich took over part of the welfare burdens of the municipalities in order to counter the skyrocketing unemployment . The " Employment Service and Unemployment Insurance Act " passed in 1927 introduced an unemployment benefit that was payable for six months. This was followed by crisis relief, followed by general welfare benefits. The global economic crisis meant that at the end of the Weimar Republic, a third of the population was dependent on care.

National Socialism and World War II

During the Third Reich , social policy was aligned with the National Socialist ideology . The self-administration of the social security institutions, including the social elections , was abolished in 1934. Even before that, the employee representatives were no longer able to keep their seats. The race laws also excluded all Jewish mandate holders. Jewish doctors lost their health insurance license as early as 1933 . Its discrimination affected approximately 20 percent of all doctors in Germany, while about half of the doctors were a member of the Nazi Party. The doctors were forcibly made members of the Reich Medical Association . Introduced during the Weimar Republic physicians 'associations were 1,933 for doctors' unification of Germany into line . It did not act on the same level as the health insurance companies , but stood between them and the doctors to distribute the remuneration. The number of health insurance companies has been reduced.

The high unemployment was officially reduced through employment programs ( infrastructure , armament ) and coercive measures ( Reichsarbeitsdienst , compulsory year ). Increases in the income of the pension insurance were not passed on to the pensioners, but by ordinance of April 14, 1938 (RGBl. 1938 I, 398) diverted to finance the war. As a result, pension recipients were even worse off in 1939 than at the time of the Great Depression. In 1938, self-employed craftsmen , and in 1941 also pensioners, were included in the statutory health insurance, and in 1942 the wage deduction procedure for paying contributions by the health insurance company replaced the sticking of contribution stamps.

The establishment of a National Socialist People's Welfare should push back the church welfare organizations Caritas and Diakonie . People with disabilities were discriminated against. By 1939, around 300,000 people were forcibly sterilized , and numerous disabled people were murdered ( Erbgesundheitsgesetz , 1933). The granting of welfare benefits was officially regarded as an approach that could also "preserve hereditary diseases ... and bring them to further procreation". So-called “work-shy” and “ anti-social ” - like other population groups, especially Jews - were brought to concentration camps for “ extermination through work ”, that is, to be murdered. A new social benefit introduced at this time was child allowance , later known as child benefit , which has existed since 1936.

GDR and Federal Republic

Even after the end of the Second World War , concern for the victims of the war remained in the foreground. This time there was also the rehabilitation of the victims of National Socialism. Refugees had to be looked after and housed.

The social policy of the GDR was designed as a holistic alternative to the development in West Germany, as it was intended to set a socialist purpose apart from West German social law, which according to a bon mot only repairs the social damage that capitalism brings about. In this respect, the social should not be a separate policy field , but should be integrated into the other policy fields and areas of law. Conversely, as before under National Socialism, criminal proceedings were taken against so-called “work-shy” and “anti-social” people in order to get them to work because they wanted to remedy the labor shortage after the war. Basic security was provided by the state setting prices for consumer goods , services of general interest and housing rents in the planned economy . There was no unemployment insurance. A social welfare law was only introduced in the transition period after the fall of the Berlin Wall and shortly afterwards it was transferred to the federal social welfare law. Health, accident and pension insurance were retained, but centralized. The: In the GDR there were three social security institutions social insurance of workers and employees 2 (SVAA) whose administrative bodies in accordance with Article 45 para.. Constitution of the GDR of the Free German Trade Union Federation was; the social insurance with the state insurance of the GDR (SV / StV, also: Deutsche Versicherungsanstalt, DVA) and the Wismut AG , which was itself responsible as a social insurance carrier for its employees. Every working person had a single agency that was responsible for all insurance benefits, and everyone received a green-bound social security book in which the employment relationships they had entered and the social benefits provided were entered.

In contrast, in the Federal Republic of Germany the traditional structure of the social insurance branches and their carriers from the Weimar Republic was retained or restored. The welfare state principle and the property order based on it were only vaguely formulated in the Basic Law ( Art. 20, Paragraph 1, Art. 28, 28, Paragraph 1, Art. 14, Paragraph 2 of the Basic Law). The politicians transferred the amount of the welfare rates to the German Association for Public and Private Welfare in order to keep them out of the political dispute and thus out of the public.

The decision of the Federal Administrative Court from 1954, in which the court recognized that under the validity of the Basic Law, those affected have a subjective public right , i.e. a right to the granting of welfare benefits, was decisive for the development of social law in the newly founded Federal Republic of Germany . Therefore, they can take legal action against the state such benefits sue . In order to adapt the statutory regulation to the legal situation, the Federal Social Welfare Act was created, but it did not come into force until 1962. An important step was also the 1957 pension reform , which made pensions more dynamic and introduced vocational rehabilitation into statutory pension insurance. The health insurance companies only became rehabilitation providers through the law on the adjustment of rehabilitation benefits of 7 August 1974 ( Federal Law Gazette I, p. 1881 ). This was accompanied by a paradigm shift that replaced and generalized the concept of disability from war damage as the cause of physical impairment.

A sustainable modernization of social legislation in Germany has taken place with the classification of the many fragmented special laws in the Social Security Code , which is intended to summarize all applicable social law in a uniform codification . It is a long-term legislative project that has not yet been completed and was originally tackled by the Brandt government in 1969 - in addition to the intention to create a labor code. First of all, general provisions in SGB I (1976) and SGB VI were included in the Social Security Code, followed in 1980 by the regulation of the social administration procedure in SGB X. Although work on the Social Security Code was to take the form of a “limited material reform”, constant social reforms were also included typical. They became formative for social law as a whole. The public interested in social law is particularly aware of the reforms in the healthcare system and pension policy , because almost all sections of the population are directly affected by them. The accession of the East German federal states to the Federal Republic of Germany was, if you consider the structure and scope of the Unification Treaty, primarily a sociopolitical and thus also a social law legislative project. The unification- related legacy issues in pension and accident insurance had to be raised, which in a pay-as-you-go system meant that the current contributors had to pay for the claims that had arisen and been granted in the past under completely different conditions. A significant part of the Unification Agreement therefore related to social law regulations. But even with the reorganization of unemployment benefits and social assistance in the course of the so-called Hartz reforms ( SGB ​​II , SGB ​​III , SGB ​​XII ) with effect from January 2005, there was considerable public participation, which is still very broadly based even after many years persists. Digitization in particular has led to a discussion at the interface between network policy and social policy , which is also increasingly considering a sanction-free unconditional basic income as a basic security benefit.

The internationalization, especially the Europeanization of the legal field, is characteristic of the recent development of social law. Although this trend has increasingly affected other legal subjects since the turn of the millennium, social security was particularly affected by the opening of the borders and the resulting migration movements after the end of the Cold War and beyond. In addition, European unification was promoted in terms of social policy. The free movement of workers in the European Union has been accompanied by its own European social law since the late 1960s , which does not grant any rights of its own, but instead coordinates the social security benefits of the member states in the event of cross-border employment. This area of ​​law was newly regulated by the reform of European social law with effect from May 2010.

Concept of social law

Cross-sectional matter

There are several approaches to delimit and subdivide social law from other legal subjects. Social law is a cross-sectional matter that unites numerous individual areas of law and legal matters. "Social law in the formal sense" is understood to be the law of the Social Security Code , while "social law in the material sense" also includes matters that are regulated in other laws, for example the right to equalize burdens and make reparations or regional and professional special pension systems (pension funds) . In an even broader sense, the functional concept of "social law" can cover all legal regulations that pursue a special social objective and in particular are an expression of the constitutional state objective of the welfare state principle ( Art. 20 (1) of the Basic Law ), for example provisions on the social tenant protection , employment law protection against dismissal or regulations for the protection of consumers .

According to Section 1 of Book I of the Social Code, social law, as far as it has been summarized in the Social Security Code, should "shape social benefits including social and educational assistance to achieve social justice and social security". Its purpose is to contribute to “ensuring a dignified existence, to create equal conditions for the free development of personality, especially for young people, to protect and promote the family, to earn a living through a freely chosen activity enable and avert or compensate for special stresses in life, also by helping people to help themselves. ”It is intended to help ensure that the social services and facilities required to fulfill these tasks“ are available in good time and in sufficient quantities ”. The purpose is to realize the social rights of those affected, Section 2 Paragraph 1 SGB I.

Attempts to assign social law (together with labor law and other legal matters) to an independent third branch of the (German) legal system in addition to public and private law , as is common in some foreign legal systems and in European Union law , have not been able to prevail. In Union law , as in French law, social law is part of labor law .

Structure of the substantive social law

According to the order of competence of the Basic Law, the areas

differentiate (the so-called "classical triad").

From the point of view of the function of the rules, there is a more modern breakdown of social law into three areas

proposed (so-called “new triad”), which fully describes the applicable law.

Final and causal principle

A further systematisation asks what purpose or what cause the need to be covered by social law has in each case. Statutory accident insurance and social compensation law follow the “causal principle” because they only grant benefits in cases that can be traced back to a specific cause ( occupational accident , occupational disease , compensation for victims of violence ). This does not matter with other security systems, they are geared towards the purpose of the service. The “final principle” is therefore followed by the statutory health insurance , which is intended to enable the treatment of diseases. However, not all social law can be covered in this way. In addition, it is not possible to assign all branches of social insurance to just one principle. The benefits for health treatment and rehabilitation in accident insurance also serve - ultimately - to restore health.

Governing Law

General regulations

With the introduction of the Social Code (SGB) with books I to XII, the core material of social law has been gradually merged into a coherent codification since 1976 .

General rules, in particular the administrative procedures and the policy are in the SGB I and SGB X included. The SGB IV contains the general part of social insurance law, which are particular provisions for levying and collection of social security contributions and the organization of the social security institutions . Rules on the personal and spatial scope of social security law, including international social law, can also be found here ( radiation , broadcast ).

Special laws that have not yet been included in the Social Security Code apply as special parts of the Social Security Code in accordance with Section 68 of Book I of the Social Code.

Social Security and Employment Promotion

The Social Security is an essential part of the law of social security. In addition to the statutory health insurance in SGB ​​V , the statutory pension insurance including the miners' pension insurance in SGB ​​VI , the statutory accident insurance ( SGB ​​VII ) and the social long-term care insurance ( SGB ​​XI ) also the artists' social insurance ( Artists ' Social Insurance Act , KSVG) and the social insurance for agriculture, Forestry and horticulture (until the end of 2012: Agricultural Social Insurance , LSV; Law for the Modernization of Law of the LSV, LSVMG; Law on Old-Age Insurance for Farmers , ALG; before 1995: GAL , the Second Law on Health Insurance for Farmers , KVLG) ,

The unemployment is SGB III regulated. According to the prevailing opinion, it is not counted as part of social security. This stems on the one hand from the wording in Article 74 (1) No. 12 of the Basic Law, which sets it apart as a separate branch from health, long-term care, pension and accident insurance and expressly mentions it. This is also followed by the simple law in § 4 Paragraph 2 No. 1 SGB I. § 1 Paragraph 1 Clause 3 SGB IV expressly stipulates that the Federal Employment Agency should apply as a social insurance carrier in organizational law and in the contribution system. On the other hand, this is derived from the significantly different structures in the organization and financing of employment promotion. A mediating view includes unemployment insurance, but not employment promotion (e.g. career advice, promotion of vocational training or rehabilitation) as part of social insurance. But an opinion that is in the process of advancing also counts them as a whole as part of social security.

Social compensation

The basis for social compensation law is the concept of sacrifice from state liability law . Sections 74, 75 of the introduction to the Prussian General Land Law (Einl. PrALR) from 1794, which continue to apply today, form the basis for claims. The model of social compensation law is the supply of war victims according to the Federal Supply Act of 1950, to which several benefit laws refer for special cases ( Victims Compensation Law for Victims of Violent Acts, Soldier Supply Law , Infection Protection Law in the case of vaccine damage ).

Social compensation will be revised in 2019 and will be classified as Book Fourteen (SGB XIV) in the Social Security Code from 2022 .

Social support and social help

Certain situations in life are supported by special social support systems, for example training support under the Federal Training Support Act or the housing needs of people on low incomes under the Housing Benefit Act .

The basic security for job seekers and social assistance since 2005 in the Second and the Twelfth Social Code Book been filed.

Rehabilitation and participation of people with disabilities

The rehabilitation and participation of people with disabilities is basically regulated in Book 9 of the Social Code (SGB IX). The area of ​​law was reformed by the 2016 Federal Participation Act . The new regulation will come into force in four stages in 2017, 2018, 2020 and 2023. The new version goes back to the UN Disability Rights Convention , which had to be implemented in German law.

Special provisions of the respective responsible rehabilitation agency take precedence over SGB IX. If, for example, the German Federal Pension Insurance Association is the responsible rehabilitation provider, the requirements for rehabilitation by pension insurance providers contained in Book Six of the Social Code (SGB VI) may replace the general provisions in SGB IX. The same applies if the employment agency , possibly with the job center or the carrier of an optional municipality , were responsible with regard to SGB ​​III and SGB ​​II . If the health insurance company is the responsible rehab provider, regulations in SGB ​​V can take precedence over those in SGB IX. In the event of accidents at work and occupational diseases , the statutory accident insurance is also responsible for the rehabilitation of the person concerned.

Social law regarding family, parents, children

The Children and Youth Services is in Book VIII of the Social Code regulated (SGB VIII). It regulates welfare care for children, young people and their parents, which is carried out by the youth welfare offices and the bodies responsible for voluntary welfare care .

The Maintenance Advance Act regulates the conditions under which a child of a single parent receives maintenance as a state social benefit if the parent who is not dependent on the family, e.g. B. is unknown or deceased or if he does not meet his maintenance obligation.

In addition, there are a number of laws that promote and socially protect parents, families and children as "social law", in particular in labor law the Maternity Protection Act and the Dismissal Protection Act (which favor employees subject to maintenance in Section 1 (3) KSchG) and in tax law , the child benefit .

Social service providers and social administrative procedures

The social insurance carriers are legally responsible public corporations with self-administration , Section 29  SGB ​​IV. They form state and central associations in accordance with statutory provisions. Other social authorities ( § 1  SGB ​​X) are sponsored by the relevant regional authority .

The structured structure of the social service providers is typical of German social law . This means that social insurance is broken down into different branches (health, pension, accident, long-term care insurance); in addition, there are other agencies for other services. This distinguishes the German social security system from that of other states (in particular from the French system, but also from that of the former GDR), where the person concerned can or was able to rely on a uniform provider that has to provide all social benefits from a single source. In such a system, responsibility in the event of benefits is generally unproblematic, and there are no interfaces when transitioning from one benefit regime to another, for example from acute to rehab treatment.

In complex needs, such as those that arise in particular in the rehabilitation of people with disabilities, SGB IX orders the granting of benefits on the basis of a participation plan and provides for the possibility of convening a participation conference for all rehabilitation and service providers eligible to ensure that the benefits to be granted “mesh seamlessly” ( Sections 19–23 SGB IX ). The granting of benefits should be made possible by the rehabilitation providers quickly, effectively, economically and in the long term "as if from a single source". The aim is to create interfaces, i.e. transitions, between the carriers that would otherwise not exist. The rules point out that there is a risk that, as a result of the structured system of social service providers, gaps will open up that can be detrimental to the person concerned and that this must be counteracted. The responsible institution according to § 14  SGB ​​IX is in charge.

A typical feature is also the separation of service providers and service providers. For example, in health insurance law, the health insurance company is the service provider, but the services are provided by contract doctors or hospitals, basically as benefits in kind. This creates a triangular relationship between the service provider, the service provider and the social insured person who receives the service. In statutory health insurance in particular, the legal relationships between those involved are regulated by complex contracts or statutes that are concluded within the framework of joint self-administration - partly in joint bodies ( Federal Joint Committee ), partly at association level between the associations of service providers and service providers which are binding for the service provider and the insured. The constitutionality of this subordinate standardization has repeatedly been questioned.

The administrative procedure for the social authorities is regulated in the First Book of the Social Code (SGB I) and in the Tenth Book of the Social Code (SGB X). The fourth book of the Social Security Code (SGB IV) also contains “Common regulations for social security” . Insofar as the special parts of the Social Security Code contain their own regulations for the respective subject areas, these take precedence over the general regulations for the social administration process. All these regulations in turn displace the general administrative procedural laws of the federal and state governments. There are also specific regulations for social data protection in the second chapter of SGB X as well as in the special parts of the Social Security Code, which take precedence over the general regulations. The objection procedure is regulated in the Social Court Act (SGG).

Social judicial procedure and legal profession

In addition to general administrative and financial jurisdiction, social jurisdiction is the smallest administrative jurisdiction in Germany. Originally, disputes about claims against social security agencies only took place within the social administration before arbitration courts. Voluntary judges of the insured persons and employers or entrepreneurs were involved in these in the pension and accident insurance. The revision of the Reich Insurance Office (RVA) against their judgment was initially given - from 1884 - after the revision of the Reich Insurance Code, state insurance authorities took over until the end of the Second World War . Because of the principle of separation of powers , Article 20, Paragraph 2, Clause 3, Article 92 , Article 95, Paragraph 1, Article 97 of the  Basic Law, a separate social justice system was created after the war. The Social Court Act (SGG) came into force on January 1, 1954.

The Sozialgerichtsbarkeit is constructed in three stages ( social courts , Landessozialgericht , Bundessozialgericht ). There are specialist chambers for certain areas of law. The chambers are staffed with professional judges and honorary judges.

The administrative court rules apply only to those matters that have not been assigned to the social courts in accordance with § 51 SGG (mandatory assignment), with the consequence that in these cases the social chambers of the general administrative courts are responsible , § 40 , § 188 VwGO. This applies to youth welfare, war victims' welfare, severely disabled welfare and training grants as well as housing benefit law, matters under the Adoption Placement Act and the Maintenance Advance Act. The administrative courts were responsible for social welfare matters until the end of 2004; since January 1, 2005 these have been assigned to the social courts.

The social court procedure is basically free of charge, § 183  SGG. Exceptions apply in particular to plaintiffs or defendants who are not socially insured, benefit recipients or people with disabilities, in these cases a flat fee is charged, Section 184  SGG. In matters that are assigned to the administrative courts, the exemption from costs is based on § 188 sentence 2 VwGO.

Before the social court and the regional social court, anyone can conduct the legal dispute themselves, Section 73 (1) SGG. Before the Federal Social Court, there is an obligation to be represented by an authorized representative, Section 73 Paragraph 4, Paragraph 2 SGG. A special case in social court proceedings is representation in court by trade unions and social associations, Section 73 (2) sentence 2 no. 5, 8 SGG. Representatives who are employed by the authorities involved in the procedure can also act. A corresponding regulation is contained in Section 67  VwGO.

Further training and specialization for lawyers to become a specialist lawyer for social law has existed in Germany since 1986.

International references

International social law applies to cross-border issues . According to § 30  SGB ​​I, the principle of territoriality must be applied, according to which German law is applicable if a person concerned has his place of residence or his habitual abode in its area of ​​application. In social security law, the principles of irradiation and broadcasting apply to the posting of employees , unless supranational and international law takes precedence. The latter include, in particular, social security agreements and European social law , which serves to coordinate, standardize and harmonize the social security systems of the member states of the European Union .

Social law as a science

The Federal Social Court has existed as the highest federal court for social justice since September 11, 1954. Nevertheless, the development of social law as a legal subject in Germany is generally only dated later, namely between 1960 and 1980, when Hans Friedrich Zacher's habilitation thesis in Book form appeared. During this time, the first textbooks came out and the first chairs and institutes for social law were founded. They spoke to the beginning or rather the "law of social security " only through the work on the Social Security Code , the term "social law" sat by the universities. The Zachers project group, which later became the “Max Planck Institute for Foreign and International Social Law”, was founded in 1976. The institute was founded four years later. The official opening of the institute took place on June 3, 1982. Bernd Baron von Maydell took over the management in 1990. Since 2011 it has been called the “ Max Planck Institute for Social Law and Social Policy ”; it was also expanded to include other social science research groups.

Since the 1980s, however, the importance of social law for legal training has decreased again. Michael Stolleis wrote in 2003 that it had "meanwhile fallen back to the status of an 'elective subject'". It is not taught at many universities. It is partly operated by private lawyers under the name “Labor and Social Law” , so it is not represented as an independent subject under public law. Since the early 2000s, health law has increasingly been separated from social law and taught together with medical law . This reinforces the already existing neglect of other social law specialist areas, in particular the law of people with disabilities. In contrast, the importance of social law at universities of applied sciences has tended to increase.

literature

Manuals

Textbooks

History of Social Law

  • Christoph Butterwegge : Crisis and future of the welfare state . 6th edition. VS Verlag für Sozialwissenschaften, Springer Fachmedien Wiesbaden, Wiesbaden 2018, ISBN 978-3-658-22105-8 (critical classification of the development from the beginnings to the present).
  • Peter Collin: State and Perspectives of the History of Social Law in Germany . In: Rechtsgeschichte Legal History - Journal of the Max Planck Institute for European Legal History . No. 24 , 2016, ISSN  2195-9617 , p. 393–401 , doi : 10.12946 / rg24 / 393-401 ( mpg.de [PDF; accessed on January 31, 2019]).
  • Alexander Graser: Managed change, after all: social law (science) in the Berlin republic . In: Thomas Duve , Stefan Ruppert (Hrsg.): Law in the Berlin Republic . Suhrkamp, ​​Berlin 2018, ISBN 978-3-518-29830-5 , pp. 297-326 .
  • Hans Günter Hockerts : Three ways of the German welfare state: Nazi dictatorship, Federal Republic and GDR in comparison . In: Series of the quarterly books for contemporary history . tape 76 . Munich 1998, ISBN 3-486-70300-5 ( degruyter.com [accessed February 1, 2019]).
  • Ulrich Lohmann: The development of social law in the GDR . In: On the state and legal order of the GDR. Legal and social science contributions 1977–1996 . VS Verlag für Sozialwissenschaften, Wiesbaden 2015, ISBN 978-3-8100-1737-6 , doi : 10.1007 / 978-3-322-92623-4 (first published in: Contributions to the reports of the Commission for Research into Social and Political Change in the new federal states eV (KSPW) . Leske + Budrich. Opladen 1996).
  • Timothy Mason : Social Policy in the Third Reich: Working Class and National Community . Westdeutscher Verlag, Opladen 1977, ISBN 3-531-11364-X .
  • Gabriele Metzler : The German welfare state. From Bismarck's successful model to nursing care . 2nd Edition. Deutsche Verlags-Anstalt, Stuttgart 2003, ISBN 3-421-05489-4 .
  • Marie-Luise Recker : National Socialist Social Policy in the Second World War . In: Studies on Contemporary History . tape 29 . Oldenbourg, Munich 1985, ISBN 3-486-52801-7 (partial print from: Münster (Westphalia), Univ., Habil.-Schr., 1983).
  • Gerhard A. Ritter : The welfare state. Origin and development in an international comparison . In: Historical magazine, supplements, new series . tape 11 . Oldenbourg, Munich 1989, ISBN 3-486-64411-4 .
  • Gerhard A. Ritter: The price of German unity. The reunification and the crisis of the welfare state . CH Beck, Munich 2006, ISBN 3-406-54972-1 .
  • Christoph Sachße, Florian Tennstedt : History of poor relief in Germany. From the late Middle Ages to the First World War . 2nd, improved and enlarged edition. tape 1 . Kohlhammer, Stuttgart 1998, ISBN 3-17-015290-4 . - Christoph Sachße, Florian Tennstedt: History of poor relief in Germany. Welfare and Welfare: 1871–1929 . tape 2 . Kohlhammer, Stuttgart 1988, ISBN 3-17-010083-1 . - Christoph Sachße, Florian Tennstedt: History of poor relief in Germany. The welfare state under National Socialism . tape 3 . Kohlhammer, Stuttgart 1992, ISBN 3-17-010369-5 .
  • Michael Stolleis : History of Social Law in Germany. A floor plan . 1st edition. Lucius and Lucius, Stuttgart 2003, ISBN 3-8252-2426-0 ( leibniz-publik.de ). - English edition: Michael Stolleis: History of Social Law in Germany . Springer, Berlin 2014, ISBN 978-3-642-38453-0 .

Web links

Wiktionary: Social law  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ^ Michael Stolleis: History of social law in Germany. A floor plan . Lucius & Lucius. Stuttgart. 2003. ISBN 3-8252-2426-0 . P. 307.
  2. ^ Peter Collin: State and Perspectives of the History of Social Law in Germany . In: Rechtsgeschichte Legal History - Journal of the Max Planck Institute for European Legal History . No. 24 , 2016, ISSN  2195-9617 , p. 393–401, 395 , doi : 10.12946 / rg24 / 393-401 ( mpg.de [PDF; accessed on January 31, 2019]).
  3. ^ The Max Planck Society mourns Hans F. Zacher. Strategist and visionary in times of upheaval . February 19, 2015. Retrieved February 20, 2015 (obituary).
  4. ^ A b Michael Stolleis : History of social law in Germany. A floor plan . 1st edition. Lucius and Lucius, Stuttgart 2003, ISBN 3-8252-2426-0 , p. 17th f . ( leibniz-publik.de ).
  5. ^ A b Jacob Joussen: Introduction . In: Dirk H. Dau, Franz Josef Düwell, Jacob Joussen (ed.): Social Code IX. Rehabilitation and participation of people with disabilities: SGB IX, BTHG, SchwbVWO, BGG. Teaching and practice commentary . 5th edition. Nomos, Baden-Baden 2019, ISBN 978-3-8487-3375-0 , Rn. 8–17 with further evidence .
  6. ^ Michael Stolleis : History of social law in Germany. A floor plan . 1st edition. Lucius and Lucius, Stuttgart 2003, ISBN 3-8252-2426-0 , p. 163 ( leibniz-publik.de ).
  7. ^ Gabriele Metzler : The German welfare state. From Bismarck's successful model to nursing care . 2nd Edition. Deutsche Verlags-Anstalt, Stuttgart 2003, ISBN 3-421-05489-4 , pp. 119 .
  8. ^ Gabriele Metzler : The German welfare state. From Bismarck's successful model to nursing care . 2nd Edition. Deutsche Verlags-Anstalt, Stuttgart 2003, ISBN 3-421-05489-4 , pp. 125 .
  9. ^ Michael Stolleis : History of social law in Germany. A floor plan . 1st edition. Lucius and Lucius, Stuttgart 2003, ISBN 3-8252-2426-0 , p. 198 f . ( leibniz-publik.de ).
  10. ^ Michael Stolleis : History of social law in Germany. A floor plan . 1st edition. Lucius and Lucius, Stuttgart 2003, ISBN 3-8252-2426-0 , p. 202 ( leibniz-publik.de ).
  11. ↑ Deutsche Gesellschaft für Rassenhygiene (Ed.): Eugenik , 1930. Quoted from: Wolfgang Ayaß : Asoziale im Nationalsozialismus , Stuttgart 1995, p. 14 in: Michael Stolleis : History of Social Law in Germany. A floor plan . 1st edition. Lucius and Lucius, Stuttgart 2003, ISBN 3-8252-2426-0 , p. 185 ( leibniz-publik.de ).
  12. ^ Michael Stolleis : History of social law in Germany. A floor plan . 1st edition. Lucius and Lucius, Stuttgart 2003, ISBN 3-8252-2426-0 , p. 189 ( leibniz-publik.de ).
  13. ^ A b c Michael Stolleis : History of social law in Germany. A floor plan . 1st edition. Lucius and Lucius, Stuttgart 2003, ISBN 3-8252-2426-0 , p. 209-214, 227-230 ( leibniz-publik.de ).
  14. ↑ Werner Russ: The social security of the GDR. An investigation with special consideration of the objectives of the Marxist-Leninist social policy . 2nd edition 1982, pp. 118-121.
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  16. ↑ Friederike Föcking: Care in the economic boom, The emergence of the Federal Social Welfare Act of 1961 . In: Studies on Contemporary History . tape 73 . De Gruyter, Berlin, Boston 2009, ISBN 978-3-486-58132-4 , doi : 10.1524 / 9783486594737 ( degruyter.com [accessed February 1, 2019]).
  17. ↑ Willy Brandt's government declaration, facsimile. In: 1000 documents. Bayerische Staatsbibliothek, October 28, 1969, p. 39 , accessed on January 18, 2019 .
  18. ^ Eberhard Eichenhofer: Social law . 10th edition. Mohr Siebeck, Tübingen 2017, ISBN 978-3-16-155320-2 , Rn. 168-170 .
  19. ^ Christian Brütt: Workfare as a minimum income. From social welfare to Hartz IV. German social policy 1962 to 2005 . In: Society of Differences . tape 1 . Transcript, Bielefeld 2014, ISBN 978-3-8394-1509-2 ( degruyter.com ).
  20. ↑ Document the status of the discussion: Christoph Butterwegge, Kuno Rinke (Ed.): Basic income controversial. Appeals for and against a new social model . 1st edition. Beltz Juventa, Weinheim 2018, ISBN 978-3-7799-3987-0 .
  21. ↑ Regulation (EC) No. 883/2004 of the European Parliament and of the Council of April 29, 2004 on the coordination of social security systems, ELI: http://data.europa.eu/eli/reg/2004/883/2017 -04-11  ; Regulation (EC) No. 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the modalities for the implementation of Regulation (EC) No. 883/2004 on the coordination of social security systems, ELI: http: //data.europa.eu/eli/reg/2009/987/2018-01-01
  22. ^ Raimund Waltermann: Social law. 1st edition. CF Müller, Heidelberg 2000, ISBN 3-8114-9976-9 , pp. 16 f ., § 2 Rn. 32ff. .
  23. ^ Raimund Waltermann: Social law. 1st edition. CF Müller, Heidelberg 2000, ISBN 3-8114-9976-9 , pp. 12 ff . (§ 1 Rn. 24ff.).
  24. ^ Gerhard Igl and Felix Welti: Social law. 8th edition. Werner Verlag, Neuwied 2007, ISBN 978-3-8041-4196-4 , p. 402 (Section 88 marginal number 3).
  25. ^ Gerhard Igl and Felix Welti: Social law. 8th edition. Werner Verlag, Neuwied 2007, ISBN 978-3-8041-4196-4 , p. 6 (§ 2 marginal number 2).
  26. ^ Hans F. Zacher : Introduction to the social law of the Federal Republic of Germany . CF Müller Juristischer Verlag, Heidelberg 1983, ISBN 3-8114-5282-7 , p. 20th ff .
  27. ^ Gerhard Igl and Felix Welti: Social law. 8th edition. Werner Verlag, Neuwied 2007, ISBN 978-3-8041-4196-4 , p. 6 (§ 2 marginal number 4).
  28. ^ Eichenhofer, Eberhard .: Social law . 10th edition. Mohr Siebeck, Tübingen 2017, ISBN 978-3-16-155320-2 , Rn. 6 .
  29. ^ Gerhard Igl and Felix Welti: Social law. 8th edition. Werner Verlag, Neuwied 2007, ISBN 978-3-8041-4196-4 , p. 49 (Section 8 marginal number 3).
  30. ^ Hans F. Zacher: Introduction to the social law of the Federal Republic of Germany . CF Müller Juristischer Verlag, Heidelberg 1983, ISBN 3-8114-5282-7 , p. 31, 52 .
  31. ^ Stefan Muckel , Markus Ogorek: Social law . 4th edition. CH Beck, Munich 2011, ISBN 978-3-406-62637-1 , p. 49 f . (§ 7 Rn. 2, with reference to the h. M., but without evidence).
  32. ^ So also Raimund Waltermann: Social law. 1st edition. CF Müller, Heidelberg 2000, ISBN 3-8114-9976-9 , pp. 48 f . (Section 7 marginal number 94).
  33. ^ Dirk H. Dau, Franz Josef Düwell, Jacob Joussen (ed.): Social Code IX: Rehabilitation and Participation of People with Disabilities. Teaching and practice commentary . 5th edition. Nomos, Baden-Baden 2019, ISBN 978-3-8487-3375-0 , § 19 SGB IX Rn. 2, 5, passim .
  34. ↑ Ingwer Ebsen: Do the guidelines of the Federal Joint Committee need a new legal foundation? In: MedR . 2018, p. 931 .
  35. ^ Ami: Doubts about the Federal Health Committee. Gröhe wants to clarify constitutional legitimation through legal opinions . In: Frankfurter Allgemeine Zeitung . February 15, 2016, p. 16 .
  36. ↑ Helmar Bley, Ralf Kreikebohm, Andreas Marschner: Social Law . 9th, revised edition. Luchterhand, Neuwied 2007, ISBN 978-3-472-06644-6 , Rn. 1174f. .
  37. ^ A b Gerhard Igl and Felix Welti: Social law. 8th edition. Werner Verlag, Neuwied 2007, ISBN 978-3-8041-4196-4 , p. 380 (Section 81 marginal number 1).
  38. ^ Eberhard Eichenhofer: Social law . 10th edition. Mohr Siebeck, Tübingen 2017, ISBN 978-3-16-155320-2 , Rn. 86 .
  39. ^ A b c Michael Stolleis: History of social law in Germany. A floor plan . 1st edition. Lucius and Lucius, Stuttgart 2003, ISBN 3-8252-2426-0 , p. 307-313, 308 f., 312 .
  40. ↑ Hans F. Zacher: Social Policy and Constitution in the First Decade of the Federal Republic of Germany . Schweitzer, Berlin 1980, ISBN 3-8059-0484-3 (Zugl .: München, Univ., Jur. Fac., Habil.-Schr., 1961).
  41. ^ Georg Wannagat: Textbook of social security law . tape 1 . Mohr (Siebeck), Tübingen 1965.
  42. ^ Helmar Bley: Social law . Metzner, Frankfurt am Main 1975, ISBN 3-7875-3209-9 .
  43. ↑ Michael Stolleis: Sources for the history of social law . In: Collection of sources on cultural history . tape 10 . Musterschmidt, Göttingen 1976, ISBN 3-7881-1220-4 (according to the catalog of the German National Library "incorrectly referred to as vol. 20 of the series".).
  44. ↑ New Max Planck Institute for Foreign and International Social Law . In: Social Progress . tape 31 , no. 8 , 1982, pp. 189 , JSTOR : 24508567 (side lights).
  45. ^ A b c d Alexander Graser: The change administers, after all: social law (science) in the Berlin republic . In: Thomas Duve, Stefan Ruppert (Hrsg.): Law in the Berlin Republic . First edition. Berlin 2018, ISBN 978-3-518-29830-5 , pp. 297-326, 314, 315 .
  46. ^ A b c Dagmar Felix: Social law in university teaching . In: Labor market policy in the crisis . Nomos, Baden-Baden 2010, ISBN 978-3-8329-5076-7 , p. 13–26, 18–20, 24 , doi : 10.5771 / 9783845222370-13 ( nomos-elibrary.de [accessed on January 20, 2019]).
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