Social assistance is expulsion from the initiative directly affected. The Swiss Conference for Social Assistance (SKOS) therefore participates actively in the ongoing discussion on the implementation. On behalf of the "working group Koller she is today your current position
The expulsion initiative on 28 November 2010 were accepted by the people, provides, inter alia, that will be deported who applies "an abuse of welfare benefits (...)» . The SKOS has indicated in advance that the formulation of the facts very is unclear and in practice of social assistance to considerable uncertainty would . The SKOS therefore considers it as their duty to work towards Creation of legal foundations to participate constructively. On behalf of the working group of law professor Heinrich Koller, which is to implement the initiative, presents the SKOS now concrete proposals.
consider proportionality in deportations
The SKOS has primarily to the fact that the discussion about the way the implementation can only be performed if the rule of law, fundamental questions are addressed. The emphasis is on the proportionality principle. The test of proportionality, according to previous legal concept of rule of law Minimum standard. In the text of the SVP initiative this has not however provided. In practice this could mean that someone is deported because of a fine of 100 francs as a result of a minor offense for many years in Switzerland, so even if he has lived in the second or third generation here. to meet To the requirements of proportionality, must reach a national referral, the severity of the crime, the duration of the current residence of the perpetrator or the perpetrator in Switzerland, the impact on the family of the perpetrator or the perpetrator and the state of integration are considered.
Imprisonment of at least six months
As for the severity of the crime, the SKOS refers to the Swiss Penal Code: This is variously focuses on whether a conviction is pronounced to a prison sentence of at least six months. This well established and widely used size for the delineation of heavy and light offenses should come under SKOS also in the case of welfare abuse apply. This is called , condemned a Sozialhilfebezügerin or a social assistance recipients to an unconditional prison sentence of more than six months, it can come to a deportation .
are fraud cases equate
The SKOS would also point to a particularly problematic aspect: According to bill, made by the SVP recent public should be assessed fraud cases in the areas of social assistance and social security considerably stricter than tax fraud or fraud in business between private parties. From the perspective of SKOS However, all cases of fraud be treated equally because there is no justifiable reason, a privilege of fraud against anderenzu.
special penal provision for social abuse
is generally still unclear whether the federal government is generally entitled to adopt a penal provision for social assistance, because social assistance is in the competence of the cantons. The federal government is actually entitled to, then proposes the SKOS, analogous to the established norm of the Federal Act on Administrative Criminal Law, which already knows the offense of "power and tax fraud," as Article 151bis include a new provision into the Penal Code.
This could be:
"Who the administration to another authority or a third party by pretense or suppression of facts is misleading or fraudulent fraudulently encouraged them in error and thus unlawful in itself or some other devious a tip or other benefit of the community, is punished with imprisonment up to three years or a fine. "
→ The document "Implementation of the expulsion Initiative: Position of the SKOS": http://www.skos.ch/
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