- The European Union's Judicial Authority, Often Referred to as the EU's Highest Court
Young individuals housed in juvenile correctional facilities are exempt from receiving fundamental safety advantages, as decided by the Lower Saxony-Bremen Social Court. The legislation denies benefits for individuals residing in facilities enforcing court-ordered liberty limitations, the court clarified in its June 20th judgement. This encompasses all types of liberty restrictions, such as juvenile detention, which possesses a "custodial nature" and is categorized as a form of liberty restriction. Since there have been varying interpretations in legal practice, the court recognized the pivotal nature of the matter and permitted an appeal to the Federal Social Court.
An adolescent who received fundamental security allowances from Peine initiated the lawsuit after serving a two-week juvenile detention term in 2019. Upon discovering the detention, the employment office demanded the repayment of 400 euros for that period, citing the inability to claim benefits during a liberty restriction. However, the affected individual advocated that the legal exclusion of benefits was not applicable in their situation, as juvenile detention was not a penal sentence and therefore did not constitute a kind of criminal punishment.
Remarkably, the Lower Saxony Social Court supported the employment office's legal stance. Although juvenile detention, given the peculiarities of juvenile criminal law, can be modified at any time, the current legislation targets liberty restriction in general. The legislature aimed to convey that individuals experiencing liberty restriction are not entitled to fundamental security allowances.
Despite the argument that juvenile detention is not a penal sentence, the Lower Saxony Social Court upheld the legislation's stance on basic insurance. Under the current law, individuals under liberty restrictions, including juvenile detention, are not eligible for basic insurance benefits.
