A leading expert in social law has strongly refuted a recent proposal to exclude European Union citizens engaged in mini-jobs from receiving citizen’s income benefits. Udo Geiger, a specialist in social law and co-author of a commentary on the Social Code II, argued that such a measure, targeted solely at nationals of other EU member states, would be a violation of the EU’s foundational treaties.
Speaking to the Handelsblatt, Geiger stated that a discriminatory rule would inevitably necessitate a similar exclusion of German mini-job holders, rendering the proposal unsustainable. He characterized the ongoing debate as “not serious” highlighting that the underlying issues are long-standing and not new concerns.
Geiger acknowledged that poverty-related migration can be a consequence of integrating nations with less developed social systems into the EU, but emphasized that this is a recognized outcome rather than an injustice. He questioned the recent narrative suggesting a need to urgently address this situation, deeming it inaccurate for those seeking a factual examination of the problem.
Historically, legislators have not intervened because such action was deemed unnecessary. It remains an established principle that individuals utilizing minimal employment as a means to supplement social benefits do not possess the same rights of free movement and therefore lack entitlement to citizen’s income. Job centers currently have the authority to verify this through offering suitable employment opportunities or requesting applications for full-time positions.
Furthermore, job centers are not obligated to cover inflated rents for substandard housing. They possess the capability to review tenancy agreements, utility bills and bank statements and can utilize external field staff to conduct property inspections. The incentive for individuals, both EU citizens and German nationals, to engage in mini-jobs in order to supplement citizen’s income is a shared challenge. Geiger suggested that a broader solution might involve re-evaluating the entire concept of mini-jobs.