fundamental rights - legal certainty - the abuse of rights
This is a previous record - the latest entries: Contents Friday 26 February 2010, arbitrariness 71st days were
For the office of the politicians used to be a rule of thumb. A public official before a citizen crossed the street, should resign. There are huge differences in the self-assessment. The citizens believe in the encounter with the devil, the politicians think is for God.
As a counterpart to see politicians and officials in many cases the complainant Incarnate, in the "hell" has to stay to the gods in the clouds, to be ruled in peace.
In the legal foundations for social welfare, the right of appeal and related rights are guaranteed and secured. Who takes appeal, puts the wrath of the Gods "from. He becomes a pawn in a game is played in full at the man, only for himself bitter reality. He meets lack of objectivity, rejection, Indifference, a tone that is very often dominated by slander, misinformation, unsubstantiated allegations and arbitrariness.
a smooth completion of procedures required for a certain time, but they take too long. A complaints procedure now takes about six months. A trial before the State Council of the filing of the complaint until the decision to take up to 6 months and before the District Court only 3 months.
confirm the file that is stalled at the Board of Instruction, the cantonal department of the municipality with several months of "information gaps" and often the answer to the information required to be between the community and SMZ and forth. A one-time response time, as is possible in the courts could help. The procedural provisions in the administration of justice would leave too much leeway in time, in the case and the discretion, they should focus on the Code of Civil Procedure to be adjusted. Despite the long duration, the assistance to the applicant immediately, without time barriers should be possible.
The "fifth court," the budget, must decide in principle, not in processes such assistance, the procedures are free of charge. The rights guaranteed by the recipients are diminished by the fact that the procedures for a lawyer are very time consuming and the lawyer participation, for the needy is virtually impossible.
Why need no real right to protection and assistance so that they are protected against arbitrary action and their rights are represented? On 7 March 2010, we decide at the ballot box, whether animals are "better legal protection and legal assistance, an animal lawyer"?
being responsible municipal law of the council, he may entrust the organization and execution of a SMZ. The SMZ have their basis in the Health Act. It is life of its own incompetent and "errors" of the SMZ. This lack of controlled, tight specifications, and a helpful and relevant jurisdictional regime.
The trained social workers of the SMZ, professionals ready to support decisions before as part of a decision. The responsibility for the total available to grant, denial, reduction, adjustment, opening the applicant the responsibility of the council based on a council decision.
As the link between the SMZ and the municipal council there in the community, staffed by lay people without specification, with the lack of factual knowledge, gaps, and often other features, commission on social affairs. Vulnerability to arbitrary harassment and deliberate delays, with or without the questionable legal advice, are wrong sites.
bumbling amateurs orders do not meet the required policy in SKOS A.4 professionalism, this may be required by the disposal until the consummation. One, not only with findings and allegations, but as the law requires, mellow, legally and factually based, reduced complaints.
The four main methods have proved to be barriers. Subject were 5 orders, two were protected, repealed three or to the community for reassessment rejected. The judgments of A1 and A1 07 10 08 159 strengthened the claim and were the basis for controlled support for longer time. The verdict of A1 07 110 recognized legally insufficient to considerable clarification of the circumstances and the inadequacy of the order. The State Council raised the already illegal, as sanctions decreed reductions in the reduction of the minimum subsistence on.
The ruling in the "arbitrariness" under 1 A1 09 210 Currently in the blog on 11 02. published 10, emerges as a "moose test", the moose has snogged the social welfare authorities anything.
To supplement the overview of the running times of each procedure. The legal and judicial legal arrest, complaint, response, and instruction periods are included as non-recently-in periods during the specified dates.
available: 07 08. 06, method: A1 07 10, appeal to the State Council: 31 08. 06, State Council decision 29 11. 06, appeal to the District Court: 18 11. 07, District Court Case: 10 05. 07.
available: 29 01. 07, method: 07 110 A1, complaint to the State Council: 23 02. 07, State Council decision 30 05. 07, appeal to the District Court: 02 07. 07, Judgement District Served: 26 10. 07.
available: 12 12. 07, method: 08 159 A1, complaint to the State Council: 08 01. 08, State Council decision on 25 06. 08, appeal to the District Court: 05 09. 08, District Court Case: 05 12. 08.
available: 03.02./13.03.09, procedures: 09 210 A1, appeal to the State Council: 23 04. 09, State Council Decision: 14. 10. 09, appeal to the District Court: 15 11. 09, District Court Case: 04 02. 10.
supplementary service request on 14 04. 06
available: 14 07. 06, method: S1 08 73, objection to AHV / IV / EL - VS: 07 08. 06. Decision AHV / IV / EL: 29 11. 06, appeal to the edge. Insurance Court: 05 01. 07, cantonal Insurance Court Judgement: 25 06. 07.
late production of several documents
available New: 14 11. 07, method: S1 08 73, objection to AHV / IV / EL - VS: 12 12. 08, decision AHV / IV / EL: 08 02. 08, complained to square. Insurance Court: 07 03. 08, cantonal Insurance Court Judgement: 26 08. 09.
are not listed on the collection process for the attachment of unpaid social security contributions.
abuse of rights
In legal disputes in administrative and judicial procedures to meet the apparent "magic word" abuse of rights. It is often thrown into the balance, it seems that when an instance of their cause Not sure, or the abuse of opponents and thus dishonest actions should be subject.
The "magic" between falsehood and claim that most unbewiesenem in connection open in the social welfare as an accusation and insinuation, often at the mercy door 'and the target.
Not every kind, a little shock behavior is quite unfair, but only a crass shock behavior. By a complaining party generally lack the above conditions.
The complainant takes to right to appeal a statutory right, his desire for a formal review of military goods, which result for example of a decision. A useless exercise of rights, for example, out of revenge or harassment is itself therefore does not exist.
On behalf of the complainant is usually also no small interest, but caused by the misconduct of public authorities or other party, the complainant damages, which are demonstrable and verifiable.
The term abuse of rights should in no laws, never as a benchmark for one reason or decision or other property be included. In social assistance should be the guiding themes for borrowers and donors, in case of refusal, a clear evidence and a reasoned decision on the substance. This condition should be mandatory, especially when it comes to the legality of welfare dependence.
emergency, person and time, make the laws strictly and wide.