Entscheidungsspielräume im Sozialleistungsrecht – Konsequenzen für die Soziale Arbeit

Abstract

AbstractIn German public law many legal norms award administrative discretion to authorities. This transition of decision-making from the legislative to the executive has recently increased. The article illustrates this development, which at first is placed in the context of the social rights approach. Afterwards the taxonomy of discretion is shown, and the rationales of areas of discretion in public and social law are discussed. In the third section, the increasing relevance of discretion in granting social benefits – or in imposing sanctions on recipients of benefits – is examined from a social work point of view using three examples in recent social legislation. Finally, the consequences of this development for social work and the required reactions by social work professionals and scholars are reflected.