The following slides of a presentation deal with the Social Sytem of Germany, Europe in keywords. It offers a brief summary of the social law system with a short historical review.
Topics are:
the welfare state,
historical development of the social system,
the social state principle,
guaranteed continuance,
the system of social security in Germany,
social security,
the issues of social protection,
financing of social benefits.
Frequently Asked Questions about the Social Security System
What is the Welfare State?
The Welfare State is a concept discussed in the context of the Social Security System.
What is the historical development of the social system?
The historical development of the social system is discussed, including precursors in antiquity, the Middle Ages, and modern times.
What happened in the 15th Century regarding social regulations?
Until the 15th Century, there were no specific social regulations. The family played a key role, followed by churches/cloisters with the propagation of Christianity, and guilds with growing towns.
What was the role of Prussia in the 18th Century?
Prussia established poorhouses and community homes for youngsters. Poor relief and social miners also existed.
What key development occurred in the 19th Century?
The state recognized its social responsibility, leading to the first legislations with far-reaching consequences.
What is the "Imperial Message" (Kaiserliche Botschaft) of 1881?
The "Imperial Message" announced a law for the protection of workers concerning accident, illness, age, and other social matters.
What is "Social Legislation"?
Social Legislation, as enacted by Imperial Chancellor Otto von Bismarck, was groundbreaking for its time and still lays the foundation for Germany's functioning social system.
What is the Social Legislation timeline in Germany?
Key milestones include: 1881 (Announcement), 1883 (Health Insurance Law), 1884 (Accident Insurance Law), 1889 (Law about occupational disability and retirement pension insurance), 1927 (Law about employment-finding and unemployment), 1953 (Social Court Law), 1957/1963 (Reform of old age pension scheme), 1962 (Federal Social Assistance Act), 1974/75 (Insurance of rehabilitation and handicapped people), 1995 (Long Term Care Insurance).
What is the Social State Principle?
The Social State Principle aims for existence precaution, prevention of material need and social descent, and security of life risks for the protection of social peace (social justice).
Is the Social State Principle a static concept?
No, the Social State Principle is not stiff but has to react to new developments. The arrangement of the principle was left to the legislator.
What is the significance of the Basic Law of Germany (Constitutional Law) in relation to the Social State Principle?
The Federal Republic of Germany has confessed to the Social State Principle and established it in the Basic Law.
How do Fundamental Rights supplement the Social State Principle?
Fundamental rights, such as protection of marriage and family, maternity protection, occupational freedom, and property obliges, supplement the Social State Principle.
What is the relationship between Individual Claims and the State?
It has resulted in no individual claim on certain achievements, but only by legislation, e.g., Social Law Book
Does the Social State equate to a complete "Welfare State"?
No, the Social State does not lead to a complete "Welfare State." Citizens have their own responsibility/obligation to self-help.
What is the role of the State in the Social Constitutional State?
The State defines legal basic conditions (e.g., Social Codes) and intervenes in economic and social skew situations.
What is the Social Constitutional State?
The Social Constitutional State combines social balance, social justice, and human dignity with the legitimacy of state management, connection of state power to fundamental rights, and protection of the single human. It involves social rights and duties, justice and legality, and protection and prosperity.
What is Guaranteed Continuance?
Guaranteed Continuance implies basic constitutional-juridical decisions that are core to the system and protected against easy alteration, e.g., by amending laws. Includes constitutional-juridical basic decisions: SOCIAL STATE CONSTITUTIONAL STATE FEDERAL STATE DEMOCRACY REPUBLIC
What does the phrase "Eternity Clause" mean?
It refers to Article 79 Paragraph 3 Basic Law which protects certain fundamental principles
Why are Social Security System fundamentals guaranteed?
The purpose is to prevent anyone in parliament from altering key regulations, protecting fundamental rights through a continuance guarantee
What does "Obligation of the Federal States" mean?
According to Article 28 Paragraph 1 of the Basic Law, the order in all states of Germany must correspond to the principles of the republican, democratic and social of constitutional state.
What is the Social Net of the Federal Republic of Germany?
The Social Net is the sum of all social benefits provided by the (federal) state. Includes provisions for dependants and social issues
What are some examples of Social Benefits?
Child-rising benefit, housing benefit
What are the branches of Social Security?
Legal Health Insurance, Retirement Pension Insurance, Unemployment Insurance, Legal Accident Insurance, and Long Term Care Insurance (Nursing Care).
How are Social Security contributions typically divided?
Employee 50%, Employer 50%.
What are the exceptions to the Social Security contributions division?
Health Insurance (additional contribution for employees) and Legal Accident Insurance (Employer 100%).
What is the Social Security Authority?
ALL SOCIAL SECURITY AUTHORITIES ARE BODIES OF THE PUBLIC RIGHT (WITH SELF-GOVERNMENT) Meaning are authorities for the purposes of the social code (indirect state management)
What are some of Legal Health Insurance duties?
Health of the insured persons, equality of the insurance cover (however: electoral rates)
What are some of Legal Health Insurance benefits?
Achievements, prevention of illnesses, early diagnosis of illnesses, treatment of illnesses, achievements with pregnancy and maternity
What are the duties of Retirement Pension Insurance?
Rehabilitation, Pensions to insured persons and members, payment of contributions (e.g., in health insurance scheme), Consultation and clarification
Who are the Unemployment Insurance Bearer?
FEDERAL AGENCY FOR WORK(BUNDESAGENTUR FÜR ARBEIT)
Who are the Legal Accident Insurance Bearer?
PROFESSIONAL ASSOCIATIONS FOR DIFFERENT BRANCHES OF INDUSTRIES, E.G., CONSTRUCTION, TRADE, MINING, TRAFFIC and CIVIL SERVICE, E.G. IN THE STATE OF BERLIN
What are some of the duties of Unemployment Insurance?
Employer’s consultation, mediation in education and places arbeits incl. careers guidance and more
What are "Social issues" in percent?
Information is needed in terms of unemployment insurance, provisions for dependants, disabilities pension, age and illness
What are the Issues of Social Protection?
Expenditures for social benefits (social benefit rate), approx. 30% and bad Economic situation Caused Higher Social expenses
What is "Social Welfare"?
In case of more exact consideration you can see that the issues for social welfare takes the strongest rise at last years
What are Key Facts about the SOCIAL WELFARE system?
Annual Issues, 2009. (See the table provided)
What is the money gap PROBLEM?
The Money Gap reflects a Deficit related to the Earnings.
How do you "FINANCING" a social system?
With: STATE [FEDERAL STATE, STATES, MUNICIPALITIES] ,ENTERPRISES (CONTRIBUTIONS, TAXES) and PRIVATE INDIVIDUALS (CONTRIBUTIONS, TAXES)
What does the Three Column Theory mean?
Describes what Social Security is from three different concepts: insurance, reparation and compensation
What are social rights?
Guaranteed WITHOUT DISCRIMINATION: OF THE RACE ,THE SKIN COLOUR, OF THE GENDER, THE RELIGION, THE POLITICAL OPINION and THE NATIONAL DESCENT OR THE SOCIAL ORIGIN.
What is "THREE COLUMNS THEORY"?
THREE COLUMNS THEORY (and what is the,,4. COLUMN"): INSURANCE PREVENTION, REPARATION and SUPPLY and COMPENSATION WELFARE and PRIVATE PREVENTION
What is required to build up a health insurance?
There will be steps and there must be benefits that the health insurance contains
How is a Federal Social Law Made?
The first draught of the law goes to the Bundestag (Federal Parliament). This gives it to the responsible committee of the parliament
Where can I find information related to the legal issues?
The law and the jurisdiction of the higher social courts are like the Law but you can find also a guideline and a law commentary
Can I go to another state for legal reasons?
Yes, every insured person can go to another state to take benefits
### What are German Legislation Steps? - The first draught of the law goes to the Bundestag (Federal Parliament). - The first draught of the law goes to the Bundestag (Federal Parliament). This gives it to the responsible committee of the parliament. - The committee consults on it, take a hearing to experts and delivers a recommendation. - Then goes the law with the recommendation to the plenary sitting of the parliament. - The parliament goes for the vote. - Because it is a federal law, the state`s chamber cannot decide on it. - Signing the law by the Federal President.- Quote paper
- Andreas Manthey (Author), 2015, Overview of Germany's Social Security System. Principles and Historical Development, Munich, GRIN Verlag, https://www.grin.com/document/306022