Overview
- The Federal Constitutional Court issued its ruling on Thursday, May 21, finding that reduced basic benefits for people in an initial, not‑yet‑consolidated stay can be lawful but that the 2018/19 calculation was unconstitutional.
- Judges said the legislature used outdated 2008 EVS data to set rates for 1 September 2018 to 20 August 2019 and ordered lawmakers to capture needs time‑ and reality‑appropriately and adjust amounts promptly.
- The court upheld the legal concept of lower Grundleistungen during an early stay and found a 15‑month waiting period in the litigated case did not raise constitutional objections, while leaving the current 36‑month waiting period open to future challenge.
- The court denied retroactive payments to the Eritrean mother and her son, noting the shortfall would have been modest (about €15 for the mother and €30 for the child) and not evidently insufficient under the standard it applied.
- Human rights groups and legal associations demanded abolition or reform of the Asylbewerberleistungsgesetz and the ruling is likely to increase political pressure and further litigation over who is affected, including certain Ukrainian arrivals covered by recent rules.