Entscheidungsspielräume im Sozialleistungsrecht – Konsequenzen für die Soziale Arbeit

2017 ◽  
Vol 63 (4) ◽  
pp. 549-578 ◽  
Author(s):  
Thilo Fehmel
Keyword(s):  
Social Work ◽  
Soziale Arbeit ◽  
Public Law ◽  
Point Of View ◽  
Social Benefits ◽  
Social Rights ◽  
Administrative Discretion ◽  
Legal Norms ◽  
Social Law ◽  
The Social

AbstractIn German public law many legal norms award administrative discretion to authorities. This transition of decision-making from the legislative to the executive has recently increased. The article illustrates this development, which at first is placed in the context of the social rights approach. Afterwards the taxonomy of discretion is shown, and the rationales of areas of discretion in public and social law are discussed. In the third section, the increasing relevance of discretion in granting social benefits – or in imposing sanctions on recipients of benefits – is examined from a social work point of view using three examples in recent social legislation. Finally, the consequences of this development for social work and the required reactions by social work professionals and scholars are reflected.

scholarly journals Supplemental Pay for Cash Collateral of Police Officers during Quarantine: Administrative Discretion of Authorized Officials on Deciding about Its Payment

2021 ◽  
Vol 81 (2) ◽  
pp. 85-96
Author(s):  
M. A. Sambor
Keyword(s):  
Police Officers ◽  
Public Law ◽  
Social Rights ◽  
Administrative Discretion ◽  
Police Services ◽  
Private Interests ◽  
Positive Law ◽  
The Social ◽  
Legal Position ◽  
National Police

The author has researched the norms of positive law, which contain instructions on the establishment and payment of supplemental pay to the cash collateral during quarantine for police officers. A comprehensive, complete and objective study of legal basis for the supplemental pay to the cash collateral of police officers during quarantine is impossible without understanding the law enforcement practices and interpretation used by authorized officials when deciding whether or not to make the supplemental pay to the cash collateral of police officers. The normatively determined grounds for the supplemental pay and the actual substantiation of the application of such payments for police officers have been analyzed. Objectivity and completeness are impossible without analyzing all the arguments, including those voiced by the representatives of the administration of the territorial agencies of the National Police, as legal entities of public law. It has been emphasized that the administrative discretion of authorized officials should embody the principles of the rule of law, respect for human rights and freedoms, and should not pursue the realization of economic private interests, including the interests of subjects of authoritative powers. Restrictions on the application of the supplemental pay to the cash collateral of police officers during quarantine are the direct restriction of the social rights of representatives of a particular profession – police officers. The legal position for protecting the social right of police officers for the supplemental pay, as well as the affiliation of this right to each police officer has been defended. At the same time, the legal position on the need for the supplemental pay for all police officers has been additionally substantiated, based on the tasks facing the National Police and the provision of police services to the population. The author has argued the legal position of the completeness of social rights of police officers during quarantine, which are impossible without appropriate the supplemental pay to the cash collateral of police officers during quarantine.

scholarly journals ПОНЯТТЯ ТА СУТНІСТЬ СОЦІАЛЬНОЇ ІНКЛЮЗІЇ У СОЦІАЛЬНІЙ РОБОТІ

2019 ◽  
pp. 233-241
Author(s):  
О. О. Стрельнікова
Keyword(s):  
Social Sciences ◽  
Social Work ◽  
Group Dynamics ◽  
Social Inclusion ◽  
Social Process ◽  
Well Being ◽  
Point Of View ◽  
Social Mechanism ◽  
The Social ◽  
Ukrainian Society

The present article is devoted to the problems of inclusion in modern Ukrainian society. The concept and essence of inclusion are studied from the point of view of the theory of social comprehension (of the essence of inclusive group), dynamics of social structure and social interactions. The inclusion is divided into social and educational forms according to the modern approaches to considering types of inclusion. The main forms of inclusion are analyzed from the point of view of pedagogical and social sciences. Special attention is given to the social inclusion in modern Ukrainian society. The comparative analysis of the categories «integration» and «inclusion» is carried out and the main common and distinctive features of these categories are determined in the article. It is said that social inclusion can be analyzed only in context of social exclusion, because they are both parts of the same social process. The potential of such further analysis are researched. The peculiarities of the process of social inclusion in modern Ukrainian society are analyzed. The main characteristics of social inclusion are described in the article on the basis of analysis of modern scientific literature. Special attention is given to the social inclusion in social work and social science. From the point of view of socio-pedagogical science social inclusion is analyzed as democratic action about comprehension somebody or the whole social group into some activity or cultural process. Social inclusion in modern Ukrainian society becomes social mechanism, some kind of an instrument, aimed at overcoming the barriers and constraints on the path to social well-being, which radically changes the existing state social politics. The results of the research are used in the social work, pedagogical and social sciences.

SOCIAL RIGHTS OF THE POLES IN THE UNITED KINGDOM AFTER BREXIT

2020 ◽  
Vol 556 (7) ◽  
pp. 12-17
Author(s):  
Paweł Kaleta
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Great Britain ◽  
Northern Ireland ◽  
Transition Period ◽  
Point Of View ◽  
Social Rights ◽  
The European Union ◽  
The United Kingdom ◽  
The Social

Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union (Brexit) has definitely been bringing various consequences in the field of social security. It is therefore worthwhile to analyse it from the point of view of the social rights of Poles residing in the United Kingdom (as well as, in a comparative and auxiliary manner, of the British residing in Poland), following the formal conclusion of the withdrawal. The article therefore synthetically presents this current, post-Brexit situation, taking into account the ongoing transition period as well as the perspective of negotiations on the possible agreement(s) on future EU-UK relations. Notably, the rights in question have been preserved in the transition period, but their status afterwards remains open.

Universal Credit, lone mothers and poverty: some context and challenges for social work with children and families

2020 ◽  
Vol 8 (2) ◽  
pp. 189-203
Author(s):  
Malcolm Carey ◽  
Sophie Bell
Keyword(s):  
Social Work ◽  
Negative Impact ◽  
Social Rights ◽  
Children And Families ◽  
Welfare Policies ◽  
Lone Mothers ◽  
Paid Employment ◽  
The Social ◽  
The Uk ◽  
Benefit System

Universal Credit is a streamlined benefits delivery system initially introduced in the UK in 2008. Conditionality-based welfare policies are increasingly international in scale, and are now widely adopted by neoliberal governments on the basis that paid employment offers the most efficacious route out of poverty for citizen-subjects. Numerous studies suggest otherwise and highlight their negative impact upon the social rights, lived experiences and attempts to alleviate poverty for claimants. This article analyses the effect of the reformed benefit system and wider workfare policies upon lone mothers, including as a consequence of engagement with an ever-more stigmatising benefit system, and associated risks posed by sanctions or precarious low-paid employment. It highlights some of the consequences for social work with children and families of Universal Credit, including ongoing tensions and challenges created for the profession by the punitive policies of the workfare-oriented centaur state.

scholarly journals Czy idea tak zwanej wtórnej legalności się broni?

2017 ◽  
Vol 43 ◽  
pp. 401-420
Author(s):  
Jarosław Majewski
Keyword(s):  
Legal Culture ◽  
Social Benefits ◽  
Final Conclusion ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Basic Assumptions ◽  
The Social ◽  
The Law ◽  
The One ◽  
Made In

Is the idea of so-called “secondary legality” defensible?The aim of the study is critical analysis of the idea of so-called “secondary legality” of an act used by some jurists to explain types of behaviour falling into the category of circumstances excluding lawlessness of an act justification, namely to define the relation between such types of behaviour and the legal system as a whole, and the various sanctioned norms that are part of the system. First, the author examines the relation between the assumption that a type of behaviour which falls within the category of circumstances excluding lawlessness of an act constitutes a legal transgression of the sanctioned norm, and the basic assumptions made in the Polish legal culture concerning the process of creation and application of the law as well as its systematic analysis. He demonstrates that consistent use of the secondary legality category would require a considerable remodelling of these assumptions, above all, rejection of the assumption that legal norms are introduced to be met as well as all consequences stemming from this assumption as well as abandonment of the approach to the law as a set of legal norms that is internally cohesive. Next, the author analyses the internal aspects of the idea of secondary legality of an act. He demonstrates that it encompasses contradictory statements: on the one hand that justifi able behaviour constitutes socially harmful, negative and thus a typical attack on legal interest, and on the other hand that the social benefits ultimately outweigh losses in the case of justifiable behaviour. All the above justifies the author’s final conclusion that the category of secondary legality of an act is not useful.

scholarly journals Preference of Methods and Goals of Further Education from the Social Workers‘ Point of View

2021 ◽  
Vol 11 (3) ◽  
pp. 225-241
Author(s):  
Gabriela Ježková Petrů
Keyword(s):  
Social Work ◽  
Social Workers ◽  
Social Services ◽  
Quantitative Research ◽  
Service Providers ◽  
Further Education ◽  
Point Of View ◽  
Educational Goals ◽  
Educational Methods ◽  
The Social

Further education of the employees in the field of social work is one of the future challenges. The goals of further education are constantly changing with regard to the changes in society and the requirements of the clients of social services. Social work represents a multidisciplinary conception of the performed work and a continual need for further education. In organizations, further education is implemented through various educational methods, which are also evolving. The article aims to identify which educational methods in the field of social work are preferred, both within the leading managerial positions and within the ones of social workers, and to describe the goals of further education in both groups. The goal was achieved through the quantitative research conducted in both groups – i.e. the managers and the social workers. Using the Survio platform, the research addressed organizations providing social serviced according to the Register of Social Service Providers of the Ministry of Labour and Social Affairs of the Czech Republic. The results were processed using descriptive statistics, and conclusions were drawn based on the results. The results showed different preferences of educational goals for managers who prefer the expansion of competencies and for social workers who prefer development. Research into the preference of educational methods has found that managers and employees prefer professional lectures, self‑education and Internet resources.

scholarly journals Dano and Alimanovic: the recent evolution of CJEU caselaw on EU citizenship and cross-border access to social benefits

2017 ◽  
Vol 3 (1) ◽  
pp. 65-80
Author(s):  
Rui Lanceiro
Keyword(s):  
Member State ◽  
Case Law ◽  
Social Benefits ◽  
Social Rights ◽  
Member States ◽  
New Approach ◽  
Cross Border ◽  
The Social ◽  
The Status ◽  
The Right

Since its inception, the concept of EU citizenship, as well as the rights and duties deriving therefrom, has evolved considerably, particularly in the area of social rights. ECJ case law has played a central role in defining the right of EU citizens to access social benefits in the host Member States, which meant a decrease in their degree of discretion to restrict the access to national social securities systems. However, the recent Dano and Alimanovic judgments represent a significant change from previous case-law, setting limits on the right of EU citizens to social benefits in the host Member States. The right of residence in another Member State appears to be dependent on the status of a worker citizen in accordance with the new methodology in order to avoid being an excessive burden on the social system of the host Member State. However, the new approach still leaves several unanswered questions. Were these decisions an attempt to address the “social security tourism” debate? Is the CJEU falling behind with regard to the protection of social rights? What will remain of previous jurisprudence?

scholarly journals Artificial Intelligence Tax: Prospects of Introduction in the Russian Federation

Financial law ◽  
2020 ◽  
Vol 11 ◽  
pp. 20-22
Author(s):  
Olga I. Lyutova ◽  
Keyword(s):  
Artificial Intelligence ◽  
Russian Federation ◽  
Economic Effect ◽  
Public Law ◽  
Economic Feasibility ◽  
Point Of View ◽  
The Social ◽  
The Russian Federation

The presented article analyzes the legality of the potential introduction of a tax on artificial intelligence in the Russian Federation from the point of view of its economic feasibility, which will not only achieve the proper economic effect from the introduction of the new tax, but also smooth out the social resonance. The author explores various approaches to the interpretation of the concept of the principle of economic feasibility of a tax, projecting its content on the fact of the appearance of a tax on artificial intelligence. The study concludes that there is insufficient justification for the introduction of a tax on artificial intelligence by the need for public law education to financially provide training in new professions for people who have lost their jobs as a result of the use of artificial intelligence by their employer. An analysis is made of the place of the tax on artificial intelligence in the system of taxes and fees of the Russian Federation.

Casenote–– The Fundamental Right to the Guarantee of a Subsistence Minimum in theHartz IVDecision of the German Federal Constitutional Court

2011 ◽  
Vol 12 (11) ◽  
pp. 1961-1982
Author(s):  
Stefanie Egidy
Keyword(s):  
Social Benefits ◽  
Constitutional Court ◽  
Social Law ◽  
Hartz Iv ◽  
Basic Law ◽  
Subsistence Minimum ◽  
The Social ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

In February 2010, the German Federal Constitutional Court (Bundesverfassungsgericht) issued a ruling on the so-called “Hartz IV legislation.” The ruling dealt with the law on social benefits according to the Second Book of the German Code of Social Law and was based on the “fundamental right to the guarantee of a subsistence minimum” derived from the declaration of human dignity in Article 1(1) of the German Basic Law in conjunction with Article 20(1), the principle of the social welfare state.

IMPLEMENTATION OF LABOR PROTECTION-THE BASIS OF SOCIO-ECONOMIC EFFICIENCY OF THE ORGANIZATION

2020 ◽  
Vol 73 (1) ◽  
pp. 34-38
Author(s):  
G. Meirbekova ◽  
Keyword(s):  
Economic Efficiency ◽  
Management System ◽  
Occupational Safety ◽  
Health Management ◽  
Point Of View ◽  
Occupational Safety And Health ◽  
Social Rights ◽  
Labor Protection ◽  
Safety And Health ◽  
The Social

The article focuses on the substantiation of the proposed measures to improve the health management system of employees for safety and labor protection from an economic and social point of view, considering the theoretical aspects of the safety and labor protection management system. The author analyzes the conditions and features of the application of legislation that protects the social rights of employees in the system of occupational safety and health in Kazakhstan.

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