Book 10 of the Social Code
| Basic data | |
|---|---|
| Title: | Book 10 of the Social Code - Social administration procedures and social data protection - |
| Short title: | Book 10 of the Social Code |
| Abbreviation: | SGB X |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Social law |
| References : | 860-10-1 |
| Original version from: | August 18, 1980 ( Federal Law Gazette I p. 1469 ) |
| Entry into force on: | January 1, 1981 |
| New announcement from: | January 18, 2001 ( BGBl. I p. 130 ) |
| Last change by: |
Art. 8 G of June 12, 2020 ( Federal Law Gazette I p. 1248, 1269 ) |
| Effective date of the last change: |
predominantly July 1, 2020 (Art. 28 G of June 12, 2020) |
| GESTA : | G031 |
| Weblink: | Text of the law |
| Please note the note on the applicable legal version. | |
The Tenth Book of the Social Code , as part of the German Social Code, regulates the administrative procedure under social law , the protection of social data and the cooperation between social service providers and their legal relationships with third parties.
Together with the first and fourth books as well as the procedural regulations in the other special parts of the social security code, it forms the legal basis for the activities of the job centers , social welfare offices, health insurance companies , pension insurance carriers , accident insurance carriers , nursing care funds and youth welfare offices therefore of considerable practical importance.
history
By 1981, the administrative procedure under social law was regulated in a good 300 paragraphs, which were divided into around 25 different laws. Procedural regulations were, among other things, in the Reich Insurance Code , the Federal Social Welfare Act and the Employment Promotion Act . The new codification of German social law, which began in the 1970s, was intended to summarize these regulations in one law.
Although it would have been possible to integrate the procedural regulations into the existing Book I of the Social Code (SGB I) or the newly codified Book IV of the Social Code (SGB IV), a new book was published with the title Tenth Book (X) - Administrative Procedures, Protection of Social Data, Cooperation of Service Providers and Their Relationships on third parties as Article I of the Act of August 18, 1980.
SGB X was changed in particular by the 2nd SGB Amendment Act from 1994: The regulations on social data protection were reformulated and expanded based on the Federal Data Protection Act . At the end of 2000, SGB X was finally given its current name, the Tenth Book of the Social Code - Social Administration Procedures and Social Data Protection - (SGB X) through the 4th Euro Introductory Act .
Structure and regulations
The Tenth Book of the Social Security Code is divided into four chapters. The first chapter ( §§ 1–66 SGB X ) regulates the administrative procedure under social law . It defines the rights of those involved in the proceedings, the principles according to which the authorities and social service providers have to act and which deadlines and dates are to be observed. It also regulates administrative assistance , costs, enforcement and public law contracts and describes the requirements for lawful administrative acts as well as the consequences of illegal administrative acts and legal remedies .
Regarding the regulatory matter, the first chapter of SGB X is comparable with the Administrative Procedure Act and the Tax Code . However, during the codification, the legislature recognized the special need for protection of social benefit recipients and took this into account by means of particularly “citizen-friendly” regulations - for example on the protection of confidence in favoring administrative acts . This is the main difference to the comparable regulations in the Administrative Procedure Act and the Tax Code.
The second chapter ( §§ 67–85a SGB X ) deals with the protection of social data . It defines the conditions under which collected social data, stored, processed, may be transmitted and deleted and outlines its statuierte in SGB I Social mystery . This chapter was partially redesigned by the law amending the Federal Data Protection Act and other laws of May 18, 2001 and adapted to the requirements of Directive 95/46 / EC (Data Protection Directive) . As an area-specific data protection regulation for social insurance, SGB X takes precedence over the Federal Data Protection Act .
The third chapter ( §§ 86–119 SGB X ) did not come into force until 1983. It regulates the legal relationships between social service providers and third parties. The reimbursement claims mentioned in the second section of this chapter ( Sections 102–114 ) and the claims for damages in the third section ( Sections 115–119 ) are of particular practical importance .
The fourth chapter - it consists only of § 120 - contains transitional regulations.
criticism
As a legislative project, SGB X was sometimes exposed to harsh criticism. From the legislature's point of view, the regulation of the social administrative procedure followed as a “third pillar” after the general administrative procedure laws of the federal and state governments and the tax code were passed in the 1970s. This was countered by the fact that it would not make sense to create a separate codification of the social administration procedure, which differs from the other procedural rules. Instead, it would have been better to work with references to general administrative procedural laws. The objection that this would make the law more difficult to understand, at least for legal laypeople, was countered from a legal sociological point of view that laypeople recognized the law anyway “not by reading statutes, but by the legal practice that affects him or his environment, the information that send him his associations or federations or the authorities, etc. ”By outsourcing the social administration process into a separate law, a“ uniform administrative practice ”, which the citizen experiences in dealing with all possible authorities, has been prevented. Conversely, a uniform and “comprehensive working basis” would also have been required for the administrative bodies, which could not exist due to the annex of the Social Security Code in individual books, the paragraphs of which always start from the beginning. All of this applies all the more since the Social Security Code often has to be implemented by state and local authorities, whose activities therefore have different legal bases.
Web links
literature
- Björn Diering, Hinnerk Timme, Dirk Waschull: Social Code X. Social administrative procedures and social data protection. Teaching and practice commentary. Nomos , 4th edition, Baden-Baden 2016, ISBN 978-3848710324 .
- Editor Bernd Schütze : SGB X - Social administration procedures and social data protection. Comment. Verlag CH Beck , 9th edition, Munich 2020, ISBN 978-3406651281 .
- Karl Hauck, Wolfgang Nofz: Social Code (SGB) X – administrative procedures, protection of social data, cooperation between service providers and their relationships with third parties . Erich Schmidt Verlag , 2020.
Individual evidence
- ↑ Federal Law Gazette 1980 I p. 1469
- ↑ BGBl. 2000 I p. 1983, 1998
- ↑ Bundestag Protocol 8, p. 8476 A / B.
- ^ Hans Meyer : Administrative procedure and social security code . In: ZRP . tape 12 , no. 5 , 1979, pp. 105-110, passim ., JSTOR : 23416690 .
