Berlin courts argue about legality of Hartz IV exclusions of EU citizen!

Affected persons are put out to the arbitrariness of the judges!
In this summer many EU citizens were made start proceedings at Berlin social courts to get Hartz IV. Above the way of social-judicial summary proceedings (called „einstweilige Anordnung“) a lot of right has agreed and with it has made the Jobcenter give them Arbeitslosengeld II (Hartz IV). Unfortunately, the different chambers or senates of the Berlin courts judge completely differently. Whether affected persons in court right agrees or not, is dependent on which judges decide on them. This is scandalous, it is European-juridically perfect indisputably that all EU citizens who live in the FRG have a right of Arbeitslosengeld II (Hartz IV).
Particularly the 29th senate of the highest social court in Berlin, the Landessozialgericht (LSG) Berlin-Brandenburg, is anxious very much, to justify Hartz IV exclusions of EU citizens. In her judgments express the judges of the 29th senate that „social tourism“ within Europe must be prevented. Moreover, they are afraid of a „massive depopulation“ of poorer regions of Europe. With it these judges repeat only what adds the German Federal Government openly: The reservation against the European Convention on Social and Medical Assistance (ECSMA) should exclude the EU citizens from Hartz IV. Such judgments of the 29th senate of the LSG show clearly how nationalistically also decide German court. Alike judge, for the rest, the 5th and 20th senate of LSG.
We represent the view of the 19th senate of LSG. It says the German reservation against the ECSMA is against international law and ineffective. Affected persons must get furthermore Hartz IV of the Jobcenter. Besides we agree to the 14th senate of LSG. This finds out that with the order 883/2004 valid since the 5/1/2010 already have European-juridically obligingly all EU national right to Arbeitslosengeld II (Hartz IV). Juridically the order 883/2004 has already substituted the ECSMA, so a reservation against the ECSMA is absolutely insignificant.
Moreover, startled we find out that especially Bulgarian and Roumanian citizens are treated before the Berlin courts as a European of the second class. Because they may work only with a work permit which is almost never given to them, many try it as freelancers. To prove the demands for freelancers are especially high for these Bulgarian and Roumanian citizens. The courts dont trust them. Often it is subordinated to them that they want to cheat. We think that is racist.
For us the legal situation is clear! Social-juridically all EU citizens are to be treated equal to German citizens. Consequently everybody has it a right on Hartz IV. We support all affected persons to start proceedings further and to take themselves there rights. We communicate contact to lawyers with pleasure.