The right Hartz IV to belong, is linked to nationals of EU Member States to the condition that they may be not only just to seek work in Germany (§ 7 paragraph 1 sentence 2 SGB II). In addition to this requirement shall be citizens of the new EU Member States (Estonia, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, Czech Republic, Hungary and Cyprus) to submit a permit to take employment.
decided this recently, the Social Court of Berlin-Brandenburg on the eligibility of a Czech woman whose application for ALG II benefits was denied.
According to § § 7 paragraph 1 sentence 1 No. 3, 8, paragraph 2 of Book II, foreigners are only able to work, if they ever can be employed, ie they take up a job is allowed or could be allowed. But this was the applicant is not the case. She was Czech. In such case § 13 Freedom of Movement Act / EU expressly that the employment be approved by the Federal Labour Agency in accordance with § 284 paragraph 1 SGB III must. The right to free movement of persons in relation to nationals of new Member States - are limited - with the exception of nationals of Malta and Cyprus. Of these, the Federal Republic of Germany to the present state has until 30 April 2009 exercised. The approval assumes that no other employable workers are not available (§ 39 para 2 No 1 b) Residence Act), which is on an obviously unskilled workers such as the applicant in this case and high unemployment in Germany, especially to exclude the low skilled.
LSG Berlin-Brandenburg, decision of 20.12.2007, L 5 B AS HE 2073/07, 2092/07 L 5 B AS P
Jens Christian Goke, LL.M.
www.kanzlei-goeke.de
