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New blog from me
blog of the former Swiss children

schweizerkinder.blogspot.com

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Federal Social Court defined social data protection for Hartz IV recipients

Federal Social Court defined social data protection in the basic security for jobseekers

Kassel (ADR) on 19.09.2008, the 14th Senate of the Bundessozaigerichts (SPA) last instance ruled that recipients of basic security for jobseekers become a regular account statements must provide at least the last three months prior to application, if requested the Working Group (ARGE) as a service provider so. This also applies to the case that power is applied to basic security once again (file number of the decision: B 14 AS 45/07 R).

forms the background to the decision the following facts: The plaintiff, a recipient of benefits of the basic allowance for job seekers, had refused in 2006 to teach bank statements for the last three months, as required by the consortium of him. He justified this by saying - take only so far This media information from the Court - that he did provide some account statements from the three months before the first application of articles already. Then it was the performance of the consortium responsible for Hartz IV (the power the basic security for jobseekers after the 2nd Book II has been denied) - Social Code.

Rightly so, the SPA has now decided.

The 14th Senate of the SPA raises crucial that they are necessary from the provision of bank statements, however, affirmed in a subsequent step, the proportionality, without it well to examine in more detail, however. After that, on production of bank statements by the recipient is generally necessary in order to understand the consortium to decide whether made over the last three months prior to application by the recipient for income or his other funds accrued by third parties.

This is the basic security for jobseekers a simmering dispute for some time - decided in favor of the view of the LSG NRW - especially between the country's social courts (LSGen) Hessen and North Rhine-Westphalia (NRW).

Had the Hessian LSG decided in a decision on interim measures in 2005 that one reason the fuse box - at least in cases of repeated application - can not require that a recipient repeatedly teach bank statements and got out of the consortium a concrete suspicion of benefit abuse. This is the Hessian LSG including the right to informational self-determination, with the Social Protection and has continued on the grounds that grab by the generalized request of the consortium to each recipient a benefit of arbitrary accusation of abuse.

which that LSG NRW - establish closer without the - rejected in 2007.

includes Basically, the SPA now turn to the decision of the LSG NRW, however, limits the same so as one that the blackening of expenditure items to the required supporting bank statements allowed, with an ethnic (including the court used the still common, but difficult politically loaded term "racial"), political, religious or to do on the sexual orientation of a recipient illustrative backgrounds.

Case Note:

The 14th Senate fails to recognize the SPA in a really fundamental way, the total protection of the social data protection for benefit recipients in the basic insurance. Taking only the previously exclusively present media report of the SPA, the decision is, however, well founded.

Apparently, the Court itself - a meaningful way - guided by the familiar from administrative law test of a triad of appropriateness, necessity and proportionality.

While the usefulness probably should be no doubt - the administration argued here regularly with the simplification of the process for them in the context of mass claims, as no doubt the provision of basic support services for job seekers (unfortunately) is - is already questionable whether the provision of bank statements to prove that not allowed on the Allowances available income or assets available, highly doubtful. Required a social administrative action (and for such it is, if the Working Group will request recipients, bank statements to prove his need to teach) regularly only if there are no less restrictive means of detection by the recipient. In addition, bank statements only give a picture against the past situation, but never one of the current. This is important because it also Hartz IV is not a pension equal power, ie, a performance similar to social assistance, which - basically - in each case from day to day granted is what the performance assessments fool always a bit of time.

So it is generally not clear why someone who benefits under Hartz IV refers, its information duty of disclosing ARGE income and wealth (the same is, however, common ground and completely understandable, it is still Hartz IV services just a tax-financed basic income, and not a contributory insurance claims), the Authority also has to inform all of its expenses.

is the decision problem in as much as the proportionality action provision of bank statements simply assumed without this - how about a constitutional requirement - to examine in more detail.

In making such an assessment would be the decisive Senate that is noticed that the provision of statements may well be subject to the right of informational self-determination. Whether this is indeed the case or not, should have been reviewed revision law. Since this has not been obvious, the relevant criteria which the Federal Constitutional Court on concrete data protection rules only just returned several times lately has the minimum sentence is constitutionally vulnerable.

that the SPA in this case the social data protection, at least - under European law compliant - as it clarifies that expenses associated with a discrimination event after the General Equal Treatment Act (AGG) can go hand in hand, is basically tosh. These criteria were all already covered by the general principle of equality under Article 3, paragraph 3, sentence 1 of the Basic Law (GG). Also "forgets" to the Senate the special protection against discrimination of disabled people, which derives from Article 3, paragraph 3, sentence 2 Basic Law.

Total largely ignores the court, including data protection, including social data protection, really is intended, namely to hold the State will "tap off" and most personal information of a personal nature that do not concern him.

It has not interested in a service provider of basic security for jobseekers par excellence, for which uses a power authorized the service received, unless he can prove that a specific abuse of the benefit granted.

We are at a further problem with which the Senate has dealt not obvious, namely the fact that hardly any power is entitled to be stupid, a power abuse also directly operate through its Giralgeldkonto.

Last but not least - and that is the main focal point that has the SPA in the present case probably not really explained - the general assumption is to each recipient, he could be a potential benefit fraudster, a absolute affront to the vast majority of the bona fide beneficiaries. For an almost marginalized potential for benefit fraudsters all recipients are placed under general suspicion, even operate abuse.

If you are not already on the full extent of the measure on suspicion independent case in the examination with regard to the social data protection, so it must be an actually but not later than the examination of the suspected abuse decoupled General desire for personal information that the consortium as a rule, nothing will be able to start, but is already a fact, one could at least make shiver.

course it is understandable that the work required to operate the consortiums and the not may escalate out of hand. By providing account statements, the consortiums and represents no additional work, which usually is not even necessary.

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Last post??

Am back in Germany! Although a suitcase had been left on the flight, but who has since also appeared again. However, demand for Lufthansa was also very good, "Öhmm, well, the case is either New York or Frankfurt. This information I had my own rhyme together can also ...

What next with the blog? Well, I think I will provisionally be no more for a longer time in the U.S., so this blog will probably not continue. The address is here to stay, however, clears up the Google page. So, here you can always read what I have seen such;) This page has had throughout its time (just under one year) about 2,000 visitors, so it was apparently not quite as interesting;)

Is there another blog from me? I do not fear. I will probably be much harder for a longer time to go abroad (Wobei. .. Well, we have that). And Germany for a chris @ I lack the desire. Sorry:)


So, that was so .... Thanks for reading!

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CSI ( always current)

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The Handy is a Silder, has a 8.1 MP camera, A-GPS, WLAN and HSDPA.Diese camera to feature a Xenon flash.
The C905 has been replaced so the K850. The handy
wurdeam 17th June 2008 in Amsterdam presented.

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Maimi, New York

Yesterday admired and alligators in the Everglades today and am already in New York and watch at the skyscrapers. Go quite as fast:)

Since I'm only about 8 clock in New York arrived at the hotel (flight was delayed 3 hours) I could not see much in New York. But I will continue to report experiencing what I have so ...

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II

time, a short intermediate state from Miami
seems currently the midday sun here, so I'd write in my blog more ..

We are in the semis! :)
Yesterday I saw the game in an Irish pub with a few Swiss, of course I asked several times, taking part in what quarter final match to Switzerland it. Found them not so funny; zufeiern)

then went for a short to the beach at night in Hofbräu Münschen at Curry Will, Schnitzel, and wheat the victory:)
will Today I still sign up with two others on a windsurfing course and then it is also almost been to New York. But I will continue to report:)

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Miami Miami

As it was raining a bit (in the summer there are 40% rain days;)), I thought my time to write me a little ...

First of all, I have a really nice sunburn:) A little tip from me: never buy, never wirklic, sun cream 'NEM Asia-LF30 shop for $ 4 THe is not worth a damn, at least I can not imagine that it would look much worse without sun cream ...

other tip: get on the right bus! I somehow ended up in downtown Miami. For an inexperienced tourist without a map Miami is still a little confusing there again zufinden NEN Bus the one in Miami Beach brings:) But I've

/ both will survive;)

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summer!

Today I landed in the summer! After a very arduous journey, I'm going to have arrived in Miami. Although nothing has really out so well as I had imagined, but in the end I'm not yet arrived. Currently there are 35 ° C was already here ... in the Atlantic, swam yet but I've forgotten my bathing suit in Germany. I have to buy a time tomorrow:)

Oh, and what has not worked out anything? First slept through my driver, then the way to the airport was flooded, so we arrived quite late in Des Moines and I could do not eat breakfast. Well, I thought, in Chicago, I've 3 hours stay. The plane set, aircraft moves and waiting 2.5 hours because a thunderstorm over Chicago ... so nothing was running and Breakfast in Chicago, but the connecting flight. If you think there is food on the plane so, who was not yet in the U.S.. There is no food on domestic flights.
I will not bore you, so the remaining two items in short form: (collective) taxi driver in Miami was more than stupid and the room in the hostel was already occupied by a couple. What I first noticed when I was in the room:) follow

Further reports;)

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thesis sent away ...

Today I have the DA to my Profs in Germany sent ... can now fly to Miami tomorrow.
It is now all packed and cleaned up. Tonight it is still in the "city" and then I'll have to 4a.m. picked up. We'll see how it is in Miami:)

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pizza on American

Today we ate pizza for lunch. Very tasty. And I was able to observe how Americans sometimes armed only with a fork to eat pizza. Pizza here is eaten like cake, so cut off using a piece of pizza side of the fork. The knife is no longer used:)

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Definition: Casual

I have heard that is also in German companies in the casual Friday (or rather casual Friday), always gaining ground. So it appears that in jeans instead of trousers (yes I do it anyway ... But it's more a matter of principle). So what is casual? A definition that I just found:

Casual:
- Big fat women in spandex (German: leggings) is casual, right?
- Yeah then, casual.

I would be grateful if this trend does not continue:)

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Tornado

I have just read in the newspaper that about 100 km from me was a tornado. I'm still alive, do not worry. In the university I am sitting in a stone house and my apartment is also relatively built solid ... I will survive the last few weeks here in Iowa;)

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Euro 2008

First I had an error message To get that I do not have permission to look at the European Championship. But with a super genius trick I can still look at it. There are namely only German computer access for transmission. So I just connected to my FH and can now follow the European Championship. Very good:)

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FOX series

Actually I wanted to write like the end of the fourth season of Dr. House (yes, I wanted to tease you;), but the discussion in a Fanforum is much funnier.
It's about a Obama sticker was watching the show. And now the people devour the forum. Of boycott, of stoning of the screenwriters and cinematographers and the like are mentioned. Very cool is also the following comment of one, well, I would say Republican: "Do not put this sh t on TV If I wanted to see this sh t, I would turn on CNN, CBS, NBC or any other Obama network.!."

It should be added that Dr House is here on FOX. This is the ultra-republican station here in the U.S. and there just the way an Obama sticker makes quite a lot.

Somehow, not his FOX series control. The Simpsons come on FOX, is also always make fun of the attitude of your transmitter. (In a Simpson episode of FOX's official news banner for the following phrases is used: "JFK occurs after his death, the Republican Party for Democrats cancer causing ... .. Find it out on FOX News.com ')

Very funny ... oh yeah, you want to know the dramatic end of the fourth season of So Dr.House one will die from the cast ... Yes, sometimes I'm mean;)

.

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No time

Somehow I have lately not have time here to write in my blog Unfortunately, the deadline is for my diploma work closer and I still have "some" what to write I hope you forgive me;.)

For those still a little entertainment ... need I was impressed with the video below is about an American Professor of his last lecture has He considers this, because he will die in the next few months with cancer, the lecture with the title.: "How do I get my childhood dreams." Today's Journal has also reported last week about this ... (yes, I follow the German news;).
Have fun with it (unfortunately I have not found the video with subtitles, but with China .. Well, you will understand already:)
is the direct link: http://www.youtube.com/watch? v = ji5_MqicxSo

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Election 2008

Actually, I do not watch so much American policy, but my roommate is looking at a lot of political content. Today, of course even more. It was after the primaries in North Carolina and Indiana. North Carolina has won confidently of Obama. Indiana has only finally adopted at midnight, so it will be very tight.
However (there is a beautiful German word for "however" I miss that word in the German language;)), I actually watch these evaluations are cool only because John Kings super analysis. I love the way he recorded video, the card increases, lines of paints with his fingers .. just great. Check it out just in!
something I want to have on German television, said Tom Buhrow there would seem a little out of place;)

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Beichzelt

The preacher from the summer! Post but has left its mark.

This week was Beichzelt namely a set. No, you could not Beichen. The church has apologized! Among other things, the Crusades, witch hunts, and everything else possible. The coolest thing was that they have apologized for Tom, the preacher.
I was not in Beichzelt, but I've heard from a trusted source :)

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Miami

I currently have a cold and can not think properly (which I find even in the normal state hard), I first Miami booked one weeks:)
On 15
June I fly there, will stay there a week and then on to New York and finally back to Germany:)
book I really wanted to so a 5-star plus hotel, but somehow was $ 300 per night but something much more ... now i have a Hostel (youth hostel ~) taken in one street away from the beach. And a trip to the Everglades is also included. Rating is 81% of 247 assessors, so will already be good. Here you can see here where I stay.
After 4 years, once in a week in the sun fry ... This is cool:) but rarely can be found sleeping in hostels, but because I can catch up in Germany:)

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fuel

The Laundromat is about 100m away. My roommate goes this route with his car ... Wahrscheinlcih he can while he filled the washing machine to even the car, otherwise it is so cold in the car;)

belief that gasoline is too cheap:) Round € 0.55 the l:)

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Green Tea

Recently have some French recommended to me a strange green tea and fish eggs. I have bought the times and even drunk. It tastes not at all that bad. However, the fish eggs (in reality there are basil seeds, think / I hope) not really a hit. Nevertheless, I'll buy a drink again. It is certainly healthy * cough *

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job application, Part II, Part III

Yeah, get response and an invitation to interview. In two weeks, the day I have time, but it takes place in Germany ... a little inconvenient for me:)

To the last comment:
Mama Of course I have indicated as the sender:)
Oh, Mama, Please throw away any letters! Even if the senders have very un-funny and company name! Do not throw away! Thanks;)

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But still married. After 8 years (2000 started my training) again to write an application with open output goes to the nerves ... I'm getting too old for this belief;)

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applications

Ahhh ... two applications are done, but I do not dare send them:)

Hopefully I micht still trust it. Otherwise I have to again change the date on the applications;)

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come the Danes!

Respectively. The Dane is. At least I have today received an email with the subject line. Bjørn Lomborg was meant ... Do not worry, I had no idea who that is. But a quick Internet search revealed that on Wikipedia here: http://de.wikipedia.org/wiki/Bjørn_Lomborg .
A climate scientist against the Kyoto Protocol is and says it has no benefit. That sounds interesting.
This man, who has written a bestseller among other things, Tomorrow is now the sleepy Iowa and holds a lecture . Since the lecture, as I said, sounds interesting, I will listen to me tomorrow again. Let's see what he says so, I'm curious:)

Secretly, I still pray on a lecture by Douglas Hofstadter , but I think I will not live to see. The Dane has to suffice:)

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sun!

Such was today all the time like this:


The nice thing here is that after one to three days, beautiful sunshine again. Tomorrow it will be 18 ° C. While in Germany for several weeks, certainly sees no sun, here it comes relatively quickly to light:)

Unfortunately, the whole thing is also a negative side ... There are shady characters to light. Last week, this figure schonmal on campus and again today. It is a preacher of whom I da Rede. You can make it all possible and impossible questions about God and he responds well behaved. It forms around your Kries always 50 people around him that he has alone. Last week there were also some questions about the church, and gays. That made him a little angry ... to say the least:) I always stop for a few minutes and look a little too ... somehow it amused me a bit like trying everything using the Bible to explain and sometimes into severe Bedrängis device:)

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Saturday ...

... I've learned a lot. For example, it can snow even in mid-April:) And that's when it snows and you stand by 1 clock at night outside a bar that it can get quite cold. After having waited in a long time, you have here in the U.S. to determine the switched shortly before two clock, the light is and you will be kicked out. It
go here also, surprisingly, night buses (like in my nice old Bielefeld), but without a fixed schedule and somehow comical bus stops .. Well, after we have been waiting 10 minutes we went for it:) And a
Long Iceland Ice Tea here cost $ 6 (only as an info for People who are currently in Finland;))

will now look I first quickly a Schmidt & Pocher * and then slowly go to bed. We'll see tomorrow what I am learning all great!
* I have a cool free video recorder found www.onlinetvrecorder.com. There you can take all German TV programs and watch them later. Highly recommended.

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dollar

Actually, I am indeed a strong euro, but I get my money from Germany.
Now I have however got money from the U.S. ... I had tears in his eyes than I have transferred to my German account!
wait longer with the umcuchen I did not want to. I'm afraid that of the € price continues to rise. Well, your eyes and go!

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the customer is usually right

an explosive rate, I think, in each of the Jimmy John's sandwich shop is ... (according to Wikipedia there are 552 stores in the U.S.) is
As me as a good German, the question whether I eat there allowed. The Google translation provides the following fact to light: "The customer is usually right".
While I eat so my sandwich, I wonder who is behind such sayings.
Come this time again auf'nem by an Austrian power trip? Schwarzenegger, perhaps. Governor of California and thus the most powerful in the U.S.? Will he take revenge because he might not be president the United States do?

Well, my sandwich I've eaten and I decide not to translate the words literally but in spirit ... "The customer is usually right"

I hope the Jimmy John's is coming to Germany, it tastes much better than Subways, but I would advise those who do not hang these sayings in the shops. Otherwise normal people go relatively quickly and it will ensure others that go back but not so fast.