Berlin court: Bafög was unconstitutional in 2021
The Bafög grant for students in 2021, according to the Berlin Administrative Court, was constitutionally inadequate. The grant of 427 Euro was deemed insufficient to cover basic needs because it fell below the minimum income of 446 Euro, the court ruled on Tuesday. Additionally, the 325 Euro allocated for housing was not considered sufficient because the majority of students had to pay more rent.
A student had filed a lawsuit against this, having studied at the Charité Berlin Medical University since 2016. Her claim covered the period from October 2021 to September 2022. In her view, the requirements for students were "unconstitutionally low."
Regarding housing costs, the court stated that the average rental costs in the entire federal territory should not be taken into account. Instead, the average rent at the place of study or comparable locations should serve as the comparison standard.
Furthermore, costs varied significantly among different university towns. For instance, they averaged 595 Euro in Munich and 266 Euro in Freiberg, Saxony.
The Berlin Administrative Court has now suspended the proceedings and referred the case to the Federal Constitutional Court. As a specialized court, it is not authorized to determine the unconstitutionality of a parliamentary law, the court added.
The student's lawsuit against the inadequate Bafög grant was heard in a court of law, where she argued that the basic requirements for students were not being met with none of them being covered sufficiently. Despite studying in Berlin, a city known for its high living costs, the grant only allocated 325 Euro for housing, which the court found to be insufficient. The case, involving the 'Court of law' in Berlin, has now been referred to the Federal Constitutional Court for further consideration.
