Affected persons are still further put out to the arbitrariness of the judges
In the 1/30/2013 the Federal Social Court (BSG) has like two judgments for the Hartz IV exclusion of EU citizens in which a leading decision was avoided for the achievement exclusion after § 7 paragraph 1 Sentence 2 No. 1 and No. 2 SGB II. The BSG repeatedly avoided to judge the European right conformance of the Jobcenter benefits exclusion. As already with the judgment of the BSG to the European Convention on Social and Medical Assistance (ECSMA) of the 10/19/2010 the BSG escapes with juridical astuteness instead of a leading decision.
In the first judgment it was about a pregnant woman with Bulgarian nationality. Instead of giving this woman in general Hartz IV benefits by using the European order 883/2004, the judges found out the following: The pregnant Bulgarian citizen is not at all for the purpose of the working search in the FRG, hence the Hartz IV benefits exclusion after § 7 SGB II does not work. This Hartz IV benefits exclusion says that the EU citizen who stay alone for the purpose of the working search in the FRG have no claim to Arbeitslosengeld II (Hartz IV). Though pure juridically this appraisal of the BSG is right, but a statement to the European right conformance of § 7 paragraph 1 Sentence 2 No. 1 and No. 2 SGB II would have made sense, nevertheless.
In the second judgment the judges find out that the EU citizen who move to her German marriage partners may not be excluded from Hartz IV benefits. It concerns rather a family reunification, not an entry for the purpose of the working search.
According to our view the Federal Social Court (BSG) avoids systematically to express itself to the European order 883/2004. According to this order all EU citizens have immediately after the entry the right to apply for Hartz IV benefits (Arbeitslosengeld II). It is the result of this avoidance strategy of the BSG that the affected persons are put out furthermore to the arbitrariness of single judges. In Berlin most people at social courts, but single senates of the Landessozialgericht Berlin-Brandenburg refuse to recognise the social-juridical consequences of the European order 883/2004.
We demand that all affected person get immediately money from the Jobcenter, until a positive judgment of the BSG or the European Court of Justice is given.
The judgments of the BSG are to be found here: http://juris.bundessozialgericht.de/cgi-bin/rechtsprechung/document.py?Gericht=bsg&Art=tm&Datum=2013&nr=12806