Die Grenzen von Freizügigkeit und Solidarität – Der Ausschluss von EU-Bürgern aus der Grundsicherung für Arbeitsuchende

The German political debate on the pros and cons of freedom of movement within the European Union is often connected to fears of allegedly unjustified receipt of benefits. However, German social law allows for an exclusion of EU citizens from unemployment benefit II (SGB II) under certain conditions. It is highly controversial whether this exclusion is admissible with respect to both constitutional and European law. The problematic nature of this situation is discussed in this article. It is emphasized that Germany has bound itself to European and international treaties and hence is obliged to solidarity with migrants. Any limitations to human rights such as rights to social security must be extensively justified and would constitute an exception in German law. The conflict about the exclusion from benefits also points to the double character of unemployment benefit II, which contains elements of both labour market policy and social assistance schemes. This double character is also reflected in the recent decisions of the European Court of Justice.