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... still relevant and necessary!
Wednesday 7 April 2010, 111th arbitrary Days
I. Valais consultation on Social Assistance Act
The draft - the first litter
The draft - the first litter
On the web at the Canton Valais www.vs.ch/ Consultations (right, with direct access) , the visitor in the process of amending the Act on the inclusion and the welfare of 29 Share in March 1996.
The addressee of the consultation are invited until 23 April 2010 to submit their comments and suggestions to the Department of Security, welfare and integration. It is hoped that this possibility of involvement, is used extensively.
The consultation is the preparation of the amendment to the Social Assistance Act and is aimed at the political parties. Associations, organizations and interested parties. The invitation and documents were published, according to the published list only one language, delivered to over thirty addresses.
A wide consultation process also allows the assessment of the recognition and opportunities of the design, the MFC of expertise on the management and the legislative process to assess.
On the welcome, this path to the "glass" state / administration, would be the "icing on the cake, if that is not published response form and after completion of the consultation, a summary of the results also to the public would be available.
The detailed message on the draft law of the State Council highlighted the problems, the scope, ramifications and connections of social work services to other areas, but also the need for change, the determination of the law and the amendment individual articles to.
There is already ahead of the parliamentary debate on the possibility of conflict with a law that plays in today's very important. One flaw is that in the legislative process, the corresponding design rules, can not be discussed by the Grand Council as a legislature and adopted.
as "silent partners and contributing factors" to get the impression, however, the basis of the records and judgments, in addition to the renewal of the law, social welfare, the competent Department for Social Affairs is worthy of examination before it imposes new duties.
In today's "general store DSW" promote certain work processes, obvious overloading and staff hiring mistakes, the unprofessional actions and other human shortcomings at the levels for the DSW monitoring agency (municipality, and SMZ). It distorts and delays gullible (?) Or without appropriate evidence, the instructions of complaints and therefore of State decisions.
The legislature is the creator, the State Council, the administrator, unfortunately, it is possible that the administrator manages the designer.
With the consultation, the Embassy and the draft of the first roll is done, it can be designed and inserted, individual points are added and changed the template as a whole is not discarded.
The reference concerns a small minority of the population, the statistics are indeed as the "3 Lie "is known, this should not mean that those affected even more than before to purely financial factors and the excluded to be demoted back to the fair game.
seeks the reform of financial compensation as the main objectives of the compensation differences between the cantons and the increase in the efficiency, is also of federalism to be modernized and revitalized. This relates to the financial flow between federal, cantonal and local authorities, but not the when, how, why and how much on the orientation of social assistance. This determines the Constitution and the law of federal jurisdiction.
The fundamental rights of the needy in procedures must be strengthened and clearly defined. Weakening is the prevailing aversion the stigma of caprice, indifference and the misconduct of social welfare authorities lift. Stinginess and coercion in social assistance are ultimately a shameful exploitation of an emergency in need.
Social welfare legislation must be controlled to protect the claimant serve and enable the competent authorities within applicable limits, laws and controls to meet the constitutional mandate.
The message, unfortunately, gives the impression that a wailing and vulnerable state, with considerable financial surpluses "To strengthen and support" and not the needy, you can expect from a social assistance law, the Constitution and law, security and a life on the level of absolute and social subsistence.
* NB: Not Invited By the way, can express their views in the consultation.
Monday 12 April 2010, 116th arbitrary Days
II consultation on the Social Security Act Wallis
The message I hear ....
The message I hear ....
The Embassy of the State Council of the Grand Council, amending the Law on the inclusion and social assistance, provides an overview of parts of the federal controlled social security funds and the areas under the responsibility of the cantons of social assistance. The Grand Council has the responsibility to decide between Social Security Act or savings program, between respectful encounter with disadvantaged or further oppression and rolling back.
The social welfare subject to Swiss federal legislation on which the cantons have no influence, because changes as the much quoted cantonal law on the harmonization of the financing of social systems for the social and professional integration, nothing. lacks a corresponding part of the federal law.
A Social Security Act should include social assistance, with a clear division of responsibilities, powers, responsibilities and structure with the associated processes. To regulate it is also the position and responsibilities within the SMZ of social assistance. Social assistance is for the communities, they can not organize and enforcement, but delegate decisions to the SMZ. division of labor, transparency, Invoices, bills and checks must be reviewed.
The sensitive areas of data protection, administrative and fiscal information between the council, committees in the communities, the SMZ and, for example, the cantonal AHV / IV office. Here today, there is a non-binding "bush phone" that flow through the uncontrollable verbal information, often to the detriment of beneficiaries.
The fundamental rights of the needy, as in the Directives and the SKOS SKOS guidelines must point the way for are the social processes between authorities and those in need.
The procedures of the guaranteed legal remedies, procedures, and responsibility for the reimbursement and securing provision of social assistance and possible sanctions in connection with the performance of social assistance must be clearly specified.
As a counterpart to the empowerment of social assistance authority, have the claimant is entitled to legally and rationally based orders and a proof method with the burden of proof for claims of social welfare authorities, in the sense the Code of Civil Procedure. This claim is not enough of the design.
The assistance by authorities, the cantonal legislation and federally regulated social security has assumed, the different responsibilities and appeal procedures to take account.
The most significant statements in the message are the following quotes:
"in Article 4 of the Law on the integration and social assistance is the community where the order, in cooperation with to organize the social medical centers, the social welfare tasks to manage. This role kept they must. "
and:
" One must ensure, however, that exist between the communities are not that different and, above all, that no arbitrariness prevails and value judgments are made, by a too caused great proximity between citizens and authorities. "
These goals are not achieved with the recognition, but it may also be a community regulations and other measures may be necessary. intend to run the centralization of the SMZ in the opposite direction, which continues to target Close to the municipality legitimate welfare authorities.
Social assistance is in "heaven" organized and coordinated, but it is lived in daily life and not just on paper, among men.
Social assistance is in "heaven" organized and coordinated, but it is lived in daily life and not just on paper, among men.
is to ensure equal treatment in the canton of the task of Canton, if it is to be effective in areas of supervision, by developing the controlled mutual information flow between the cantons and communes, by effective checks and support responsible lay committees in the communities with "barriers" be necessary. example, should the District can continuously monitor social assistance just because a species (handshake) of the Local Commission or the President is paid because of an appealable or final disposal.
The quote from the message "The arbitration will be conducted on several levels. (Department of Social Sciences: conciliation meetings, decisions of the State Council, decisions of the District Court and / or the Federal Court)," shows frightening how easily the in the law guaranteed appeal as a kind of "fireside chats" in the rocking chair be regarded not as the law on administrative procedure and administrative justice set out rights, as protection and legal processes in judgments to the highest judicial level.
The current in the GES contained conciliation of the DSW is limited in practice today, if any, in each case to a letter, an attempt is made specifically with the take on the ongoing process control, including the threat of setting support (an experience). This attempt at conciliation, the DSW may be deleted as the DSW, the necessary distance from the neutral thing missing.
The Department for Social Affairs has party status in the appeal proceedings, assignment of instruction of complaint procedures is to check.
can be also deleted the provision in Article 8 Social Council, the dispatch was this far, ie not created since 1996 and no one was missing and he has no one noticed his absence. For the purpose for which it functions, if necessary, temporary commissions are appointed.
during the appeal procedure against decisions before the State Council is a clear, streamlined instruction method in accordance with the procedures useful in the Code of Civil Procedure, for the shortening of the duration of symptoms. The best prevention of complaints are professional, legal and rationally based on clear-compliance with statutory requirements, supported dispositions.
Monday 19 April 2010, arbitrariness 123rd Days
III. Consultation on the Valais Social Security Act amendments of laws
Article
Article
"Paths are made by walking them." Franz Kafka
track laying, so that a feasible path is created to improve an existing path, and mark these are potential targets of the submitted amendments to the Social Assistance Act. Creating a way accessible to users, government and the needy.
The arduous way of the needy is partially improved but also more difficult. The State Council and the administration to claim rights and "forget" to safeguard the fundamental rights of the claimants. Instructions of the management should be imposed on the legislative level.
The uncertainties led to the arbitrary ruling and it is not bounded but with some references quite excited and legalized. Proven principles are rejected or important parts of "walliseriert" (a word not), as amended. For example, the SKOS guidelines.
doing a hard time dealing with the needy. The will and the support staff are there, but the encounter with the "meat" of suspicion and generalization. This law controls unbalanced, more the recipient rather than the donor. Are also deprived citizens or need a special "residence permit"?
The guidelines of the Swiss Conference for Social Assistance promote legal equality and legal certainty. You determine how the allowance is calculated on an individual basis and by what measures the professional and social integration of patients can be supported.
The SKOS guidelines are adopted as the basis for social services and social services and essential. Most cantons do you use and apply in the Swiss social policy and in judicial practice as a binding target size.
under Article 5 § 3 of the previous design rules for GES:
"The recommendations of the Swiss Conference of Social Welfare (SKOS) are crucial to the budgeting of social assistance." And so they gained legal force.
The mandatory implementation should be included in the Valais, in principle and in full at the legislative level.
In the SKOS draft guidelines on the amended articles are mentioned in others, as you wish, but only partially copied off it. Not a viable solution.
In Article 10, paragraph 6, they are practically nullified: "The standards for determining the physical benefits are in the Implementation Regulations of this Act or in the instructions of the competent departments and subsidiary in the recommendations the Swiss Conference for Social Assistance (SOS) stated. "
in Article 19 to Section 4, reduction:" The State Council shall, in regulations, the applicable rates of reduction and the duration of the sanctions, which differ from the SKOS guidelines, clearly establish . In all cases, have the welfare of a sum The financial relief for foreigners without a proper residence permit is. "
Article 20, paragraph 1, 2 Set, maintenance and support obligation:
"The bases are determined by applying under control in this law."
The assignment of rights to State Council and regulations in Article 10, paragraph 6 in Article 19 bis, cuts, and in Article 20, paragraph 1, 2 Set, maintenance and support obligation should be noted that this practice led to the existing arbitrariness and uncertainty.
The SKOS guidelines are applied everywhere in Switzerland at the federal level and contribute to a desired harmonization. So why not accept this policy sense? This also applies to Article 19 bis, Article 19ter, 20 19quater Art and Art
The Federal Court has decided disputes in the social welfare principle. For example, have been included in the SKOS guidelines deeper approaches to maintenance and support obligation increases by the Federal Court.
In others, different from the SKOS cases there are also judgments of the Supreme Court, the protected content and applications of the SKOS guidelines. Those changes have been made by the SKOS and without the need for changes in legislation or procedures in their own cantons.
In others, different from the SKOS cases there are also judgments of the Supreme Court, the protected content and applications of the SKOS guidelines. Those changes have been made by the SKOS and without the need for changes in legislation or procedures in their own cantons.
way: 19 bis to Article 2 Rate: "In all cases, the welfare recipients have an amount equal to the financial relief to foreigners without a proper residence permit" Comment: shame on DI!
The possible Ensure the provision of social assistance is both a legitimate concern of the municipalities and the state, on the other hand, it should be possible for it to make a regulation and to introduce them into law, which brings in the application of a level playing field for donors and recipients.
This blog is currently under at 05 02. 10, mortgages, at 09 02. 10, agreement (voluntary mortgage) and at 01 02. 10 CCG, and 2 in Stock Bases, reports, experiences on the issue of security and the possible release of the mortgage by third parties.
The fundamental question is found to be: Is a "voluntary" involuntary civil legal mortgage, social legislation implementing Capable?
The proposed Article 22 bis volunteers mortgage, paragraph 1 reads:
is "a property owners eligible for social assistance, the municipality may make assistance conditional on the land registry office to is entered in its favor a mortgage within the meaning of Article 824 of the Civil Code. The community can check whether this measure is appropriate. "
The community assistance, make by exploiting the plight of the registration depends. With the cost of registration, of course, the need to support by default a lawyer .... . Who takes no small cost of registration if the would-be welfare recipients stands in need and without any financial resources? The registration costs are not social assistance. Honestly, this should be the first applicant for the rejection insurmountable hurdle?
Anyone who really had a toothache knows, however, he would bite at anything and everything to swallow. In an emergency forces (receives) one then each signature, the voluntary nature as a precondition, validity of voluntary mortgage, does not make this change.
It also lacks the necessary descriptions include the definition and should be the conditions for temporary support, which can also be paid without a mortgage back, time and at what level of registration. How does the cancellation or partial cancellation of the mortgage?
According to existing court practice, there is no agreement on social assistance in advance. A quasi-social assistance to current or loan basis, secured by a mortgage, there are not as well. Concerns on the legality of such an intent are appropriate for the aforementioned reasons.
Article 22 bis paragraph 3 definition of the rank
"These mortgage takes the first free place under the existing registration, a move up to the right, in the released lien position."
Again, there are question marks were raised in connection with the deleted statutory mortgage, and in the comments to the Federal Constitution Burckhardt third Article 64 edition p. 588 and in the comment Egger, (see p.109 ff ZBGR Nr.42/1961) should be.
To check
, the civil rank privilege in the child cantonal law and its legality, to be in connection with Article 219 Bankruptcy Law.
Article 12ter Section 1 Health Insurance
"As part of the process for subsidizing health insurance premiums on a certificate of loss, establish and billing of premiums, deductibles and co-payments by the cantonal compensation fund."
non-subsidized health insurance premiums, deductibles and cost sharing covered by basic health care welfare. absence for the assertion of the health insurance premiums through social assistance, has already ordered a loss certificate must be expected Any other assets already pledged and used.
Article 22 bis paragraph 5 sets the due date of the voluntary mortgage "on the sale of the property" set, or if the beneficiary comes to new assets. " The maturity may be listed as a condition of certificates of shows for the health insurance premiums, are triggered by other third parties, and so be to check the rank privilege with his possible disadvantage of other creditors to SchKG. A "ping - pong" for the lawyers in the Preparatory Commission and Parliament.
Ultimately, the security of social assistance, for and by local authorities and national self-interest, more to the single as being committed to the spin-off.
The clearer the law, the fewer rights to delegations of state, authority and rules, the easier and more precisely its application, also called "mänschluts" less at the community level, this necessary objective is rightly at the embassy. A busy design for the Parliament, not just to rubber stamp.
Monday 26 April 2010, 130th arbitrary Days
IV consultation on the Valais Social Security Act
reduction reasons - are securing
reduction reasons - are securing
reduction reasons, penalties, restitution and security of provision of social assistance drastic measures - sanctions - Refund that require clear procedures and responsibilities. The designated authority under the Municipalities Act and the Municipal GES.
In a ruling of the cassation authority of the District Court from 04 11. 09 for admissibility of the legal process is more accurately distinguished and noted:
"In the GES, the legislature in the 4th Chapter, entitled "Method and complaints" in detail in Article 12, paragraph 1 prescribes to what extent the municipalities in the context of social assistance available competence belongs, namely in the provision, reduction and adjustment of social assistance, although not in terms of recovery. In article 13 GES has been set, how to relate the message to the community and the applicant has in article 14, GES, under which provision is intended to appeal proceedings. Regarding grants, reduction and adjustment of social assistance, therefore, the municipality to adopt an appealable decree, which can be challenged through a complaint under the provisions of the Law on Administrative Procedure and the administration of justice. "
and
"The reimbursement of welfare in the Act (GES) in sub-paragraphs. B in the 6 Chapter in the Article 21 et seq thus separately and controlled independently. Clear intent of the legislature was that the civil courts, on the restitution claim, that both the existence and extent have to decide, and that, accordingly, the community has not to have this. "
and
"The legislature has therefore chosen for any kind of recovery under Article 21-24 GES, the same procedure and thereby establishes the competence of civil courts."
contains the currently valid Social Security Act and is different So already in process of administrative law and civil law areas. The reasons for the reduction and adjustment in the new amendments are certainly facts that can be attributed to the criminal jurisdiction.
Questions are entitled: Where to hear the "judging" options on the Administration to condemn and decisions? Are unproven insinuations and allegations in orders results of completed investigations? Has the administration at all the bases and conditions for this and how far they can be used for criminal tasks or responsibilities are claim?
The local council, the appeal before the Privy Council and the DSW office know as instruction no proof methods are biased or overwhelmed.
19quinquies In Article provided criminal penalties, including a possible bus in the amount of CHF 10'000 .00. Who has them or pronounce who is right and what is supported is missing. Compared with daily records in criminal proceedings, where is the sound of proportionality?
For additional Phrase "unless it had to be imposed on the basis of the Swiss Penal Code, a more severe penalty" would be a more precise description.
possible misconduct of the recipients is described as:
Article 15 bis paragraph 3: "welfare abuse is not treated as social security fraud," "In this sense, Article 11 and 12 of the Federal law on illegal work applied. "
• Article 19 bis, paragraph 1, letter a)" information " "Purposely not delivered"
• letter b) "financial resources", "hidden"
• letter c) "could reasonably require of him"
• Art 19ter Paragraph 3 "abuse of rights These "
These formulations superficial assumptions are closer than provable facts. The above "failures" are sitting in orders and actions very loose, without which these alleged facts in the first and second orders Instance are already legally and factually justified.
show Today's procedures, that these decisions at the earliest before the Cantonal Court to be investigated and assessed. This gives rise to legal uncertainties legal inequalities and unnecessary delays.
It appears, however, that does not follow the DSW, the District or the Municipality of Zermatt final judgments of the District Court. There appear in the Valais social services lack legal certainty. Folk asked, are the judgments of the District Court "fer d Figgsch?
A closer look at the template with the modifications proposed strong "giblätzuts patchwork with many question marks.
The existing law contains a clause in Article 5, Living Control, published in the embassy and the designs he is no longer listed. It contains in particular the commitment of the communities eligible for resident control. In the draft, the resident control is missing in the enlarged definition of the obligations of the municipalities.
The assignment of certain tasks under the binding legal term "To examine ex officio 'would improve and clarify current ills. Consideration of the need or other basic tasks that are set and defined only in working papers between community and SMZ count it. It should also be considered that, because of the tax and secrecy, the staff of the SMZ are not authorized to access to all areas.
limit the humble listed rights of the individual only to the constitutional right of the assistance in emergencies, in Article 12, paragraph 3, the law that he can check his eligibility for social assistance at any time. In Art 13 is the claim "within 30 days after the application" in an appealable decree and to the right of appeal. Article 22 bis of the "allowed" to keep him his property if he can add a voluntary mortgage.
goes in the wrong direction, the proposed amendment in para 4 Art.19quarter
"The appeal against the sanction available to the State Council has in principle no suspensive effect. The Department may, however, adopted for the duration of the procedure a disposition of temporary emergency measures. "
Social welfare contributions ensure the subsistence minimum, the failure to grant suspensive effect corresponds to a partial or complete cessation of services before a legal decision has been made.
This paragraph 4 can be removed, the new, not old down on the suspensory effect in VVRG Art meets 51st Everyone can "article with the virus in itself arbitrary.
Who has read this blog with posts about housing conditions, can see the impact that non-compliance of the suspensive Effect by the municipality to this day havoc.
the practice should be a binding, applicable transitional period between the available force of law until they have a basis. The applicant shall, if he be right to demand a complaint must, to the encouragement of financial support is not "starve". It should be determined whether this is feasible with period shortening.
The current situation means that the formula applied, "take it or spoil," comes into play and the basic right of an appealable Provided the applicant is denied.
The welfare recipients have an inalienable right to a detailed and verifiable accounting of the community or SMZ, this concern is missing in the draft.
We have been waiting for the 01 01. 09 without success, a detailed accounting of about CHF 250'000 .00, apparently because high unclear difference (approximately CHF 30'000 .00 50'000 .00) consists of the final orders and support the decisions. Moreover, the basis of documents is possible that with the authorities Social assistance funds were handled fallible or not practical.
A settlement owed social assistance should be made periodically and can be placed on the tax return. This aspect is missing from the draft completely.
Some AHV / IV receiver would rightly have no assets and are entitled EL. An independent free legal advice, a duty lawyer and free legal representation would be entitled to a contemporary social welfare assistance law good upcoming themes and content.
Must be a "verwalliserierte" solution "more Catholic than the Pope" to be? The decision rests with the legislature, the Parliament. This design can be of direct and clarity and improves speech. The final law may not eventually a winch from the practice of the authorities arbitrarily tossed his fig leaf, and fellow citizens in need of it can not be excluded and verschaukelt.
"People judge the laws are not followed, as they are, but by how they are handled." Honoré de Balzac (1799 - 1850), French philosopher
speech patterns: family unity / Convention on inter-institutional cooperation, the modalities of coordination / if they were from the community is not without fault and oriented in breach of their duty of care / etc.
