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- Title
Sozialrechtliche ReguHemng des Sozialstaats: Rechtswissenschaftliche Orientierungen zur Governance sozialer Dienstleistungen.
- Authors
Rixen, Stephan
- Abstract
Germany's welfare state model - the so-called »social state« - is a key feature of German constitutional law. First and foremost, the social state principle is an obligation to enact laws that foster social cohesion, i.e. grant opportunities to make a more effective use of one's fundamental rights. In this regard, the most important policy instrument is law-making in the field of social security and social assistance. Social services in Germany are normally financed by state agencies, but they are mainly provided by commercial or non-profit organizations, f. ex. charities or faith-based organizations. In other words, these organizations are government contractors in the social services field. The provision of social services (including health care services) does not follow a strict model of governance. In fact, it is a kind of mixed economy that combines aspects of free market and non-free market economy. Part of this mishmash is a cartel-like »corporatism«. Associations of providers as well as associations of the state agencies negotiate and conclude contracts about service quality and payment that are mandatory for every single provider or state agency. The legislature is not obliged to create a highly consistent system of providing social services. Instead, it is within the legislative margin of discretion to prefer a piecemeal approach. However, it is part of the social state principle to regularly assess the quality of laws and, if necessary, to amend them.
- Publication
Zeitschrift für Politik, 2018, Vol 65, Issue 3, p321
- ISSN
0044-3360
- Publication type
Article
- DOI
10.5771/0044-3360-2018-3-321