B.
1. The referred cases are admissible. […]
The provisions to be reviewed determine the amount of benefits paid to cover standard needs in proceedings 1 BvL 10/12 for the period from January 2011 to June
2012, and in proceedings 1 BvL 12/12 for the period from September 2011 to August
2012. The success of the actions in the initial proceedings depends on whether these
provisions are compatible with the Basic Law.
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[…]
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2. The constitutional complaint is admissible. […]
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C.
[…]
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I.
1. Under its Art. 1 sec. 1 in conjunction with Art. 20 sec. 1, the Basic Law guarantees
a fundamental right to a guarantee of a dignified minimum existence. Art. 1 sec. 1 GG
establishes this right, and the principle of the welfare state in Art. 20 sec. 1 GG obliges the legislature to in fact secure a dignified minimum existence. This fundamental
right is, in principle, not subject to the disposal of the legislature and must be put into
effect by means of a legal claim to benefits; it must, however, be concretely shaped,
and be regularly updated by the legislature. The legislature has to assess the benefits
in light of the respective stage of development of the polity and of the current living
conditions, taking into accountthe specific needs of the persons affected. The legislature has leeway in bringing about this state of affairs (cf. BVerfGE 125, 175 <222>;
132, 134 <159, para. 62>), but is also bound by obligations under international law
(cf. BVerfGE 132, 134 <161 et seq., para. 68>).
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a) The constitutionally-guaranteed right to benefits to guarantee a dignified minimum existence covers only the means absolutely necessary for securing both one’s
physical existence and a minimum of participation in social, cultural and political life
(cf. BVerfGE 125, 175 <223>; 132, 134 <160, para. 64>).
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b) In creating the structure of benefits for securing the dignified minimum existence,
the legislature must take realistic and up-to-date account of the relevant needs of persons in need of assistance. It has leeway in determining the nature and amount of
benefits to secure minimum subsistence as well as in its decision to assess actual
conditions and in evaluating the material assistance needed. The decisive factor is
that the legislature has to assess its decision in light of the specific needs of persons
in need (cf. BVerfGE 125, 175 <224 and 225>; 132, 134 <160 and 161, para. 67>)
and that benefits paid to meet the claim guaranteed as a fundamental right must be
fixed at a level that is justifiable, subject to scrutiny of constitutional review (cf. BVerfGE 132, 134 <162, para. 69> with reference to BVerfGE 125, 175 <225>).
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11/29