The federal legislature lacks the legislative competence for the childcare allowance (Betreuungsgeld). The First Senate of the Federal Constitutional Court so ruled in a judgment pronounced on 21 July 2015. Sections 4a to 4d of the Federal Parental Allowance and Parental Leave Act, which establish an entitlement to the childcare allowance, are therefore void. While these provisions can be assigned to public welfare under Art. 74 Abs. 1 Nr. 7 of the Basic Law (Grundgesetz), which falls within the concurrent legislative powers of the Federation, the requirements of Art. 72 Abs. 2 of the Basic Law for the exercise of this competence by the Federation are not met. The judgment was rendered unanimously.
Frequently asked questions
Frequently asked questions
Is the childcare allowance (Betreuungsgeld) unconstitutional?
Yes. In its ruling of 21 July 2015, the First Senate of the Federal Constitutional Court unanimously held that the federal government lacks legislative competence for the Betreuungsgeld. Sections 4a to 4d of the Federal Parental Allowance and Parental Leave Act, which established the entitlement, are therefore void.
Why does the federal government lack legislative competence for the childcare allowance (Betreuungsgeld)?
The childcare allowance can, in principle, be classified as public welfare under Art. 74 Abs. 1 Nr. 7 GG, an area in which the federal government holds concurrent legislative competence. However, in the Court's view, the additional requirements of Art. 72 Abs. 2 GG (necessity clause) for a uniform federal regulation were not met.
Which provisions were declared null and void by the BVerfG ruling?
Sections 4a to 4d of the Federal Parental Allowance and Parental Leave Act (Bundeselterngeld- und Elternzeitgesetz, BEEG) were declared null and void. These provisions established the entitlement to the childcare allowance (Betreuungsgeld).
What is the legal significance of Article 72(2) of the Basic Law (Grundgesetz) in connection with the childcare allowance (Betreuungsgeld)?
Article 72(2) of the Basic Law limits the federal government's concurrent legislative competence: a nationwide regulation is only permissible if it is necessary to establish equivalent living conditions or to preserve legal or economic unity. The Federal Constitutional Court (Bundesverfassungsgericht) found that these requirements were not met in the case of the Betreuungsgeld.
Was the Federal Constitutional Court's ruling on the childcare allowance unanimous?
Yes, the First Senate's ruling of 21 July 2015 was issued unanimously. Accordingly, there is no dissent within the Senate regarding the lack of federal legislative competence for the childcare allowance (Betreuungsgeld).