Concept and Definition of the Principle of Alimentation
The principle of alimentation is a fundamental concept enshrined in public service law and state alimentation law, according to which the state is obliged to ensure the adequate livelihood of certain groups of persons – in particular civil servants and their surviving dependents. The term derives from the Latin word “alimonia” (livelihood, nourishment) and is primarily applied in German and Austrian law. The principle of alimentation comprises both the provision of a salary commensurate with the official position and the provision of benefits in cases of incapacity for service, old age, and for surviving dependents.
Historical Development
The principle of alimentation has its roots in the authoritarian concepts of government of the 18th and 19th centuries. Even at the inception of the professional civil service, the state was assigned the obligation to provide social security for its employees and their families in return for their services. The idea of lifelong security of existence also served to ensure the absolute loyalty and independence of the public service.
Historical Context
The duty of alimentation was first codified in the Prussian Civil Service Act of 1873. Following the Weimar Constitution and the civil service law of the German Reich, the principle of alimentation was further developed, which is ultimately reflected in today’s German and Austrian civil service laws.
Legal Basis and Statutory Foundations
The principle of alimentation is enshrined in several laws and constitutional norms.
Germany
Basic Law
The principle of alimentation is closely linked with Article 33 Paragraph 5 of the Basic Law (Grundgesetz, GG). This article constitutionally protects the legal status of civil servants and their traditional principles, among which is the principle of alimentation. The legislator is obliged to regulate the remuneration and pensions of civil servants in such a way that their livelihood remains adequately secured.
Federal Civil Service Act (BBG) and Civil Servants’ Pensions Act (BeamtVG)
The principle of alimentation is concretized in the Federal Civil Service Act (BBG) and the Civil Servants’ Pensions Act (BeamtVG). Both laws regulate details concerning remuneration, pensions, allowances, and other benefits related to alimentation.
Austria
In Austria too, the principle of alimentation is legally established: it is found in the Civil Servants’ Service Law and is recognized as a key component of the public law employment relationship.
Scope of the Principle of Alimentation
Civil Servants’ Remuneration
The principle of alimentation obliges the public employer to pay civil servants and comparable office holders appropriate and position-appropriate remuneration to allow their standard of living to match the office held. This includes, in addition to the basic salary, also allowances, bonuses, and special payments.
Pensions in Old Age and in Case of Incapacity for Service
In cases of incapacity for service or retirement, the principle of alimentation guarantees civil servants a lifelong provision through retirement pensions or pension benefits. The amount of these benefits is based on the last official salary appropriate to the position.
Provision for Surviving Dependents
A central element is the provision for surviving dependents. If the civil servant dies, the surviving dependents – especially widows, widowers, and orphans – receive pension benefits derived from the principle of alimentation.
Constitutional Significance
The principle of alimentation is part of the traditional principles of the professional civil service within the meaning of Article 33 Paragraph 5 of the Basic Law. Any legislation that restricts the state’s duty of alimentation appropriate to office is therefore subject to strict constitutional limits and review by the constitutional courts. The guarantee of alimentation protects civil servants from arbitrarily low benefits and serves the public interest in a functional and independent administration.
Differences to Other Social Security Systems
The principle of alimentation differs fundamentally from the statutory social insurance system, which applies to employees. While employees secure their livelihood in retirement through their own contributions and finance it on the basis of solidarity, the state as employer bears the duty of alimentation for civil servants unilaterally.
Structure and Adjustment of Alimentation Benefits
Discretion of the Legislator
Although the legislator is required to uphold the principle of alimentation, he has discretion regarding the structure and calculation of remuneration and pension benefits. Measures such as salary adjustments or pension reforms are always subject to review for compatibility with the principle of alimentation.
Appropriateness
The appropriateness of alimentation benefits is determined according to objective criteria, particularly in relation to general income and price trends as well as the position-appropriate standard of living. A significant and lasting decrease below the level of comparable incomes is considered inadmissible.
Practical Significance
The principle of alimentation protects civil servants and their families from financial risks and enhances the attractiveness of public service. It ensures stable provision and, through its binding force, prevents political and economic influence on the status and standard of living of civil servants.
Criticism and Reform Debates
The principle of alimentation is repeatedly in tension with issues of budget consolidation as well as equal treatment of civil servants and public sector employees. Reforms and adjustments, such as regarding the amount of pensions or the consideration of personal income of entitled parties, are regularly the subject of controversial discussions.
Summary
The principle of alimentation is a central tenet of service and pension law in public service. It obliges the state to ensure the adequate and position-appropriate livelihood of civil servants and their surviving dependents. Constitutionally protected, the principle of alimentation is an essential cornerstone of the special civil service relationship and is supported in practice by extensive statutory regulations.
Frequently Asked Questions
How is the principle of alimentation applied in German family law?
In legal terms, the principle of alimentation states that relatives in a direct line are obliged to support each other. In Germany, this principle is chiefly regulated in the Civil Code (BGB), especially in sections 1601 et seq. BGB. Its practical application always involves an assessment of needs and ability to pay: a person entitled to maintenance must prove that they are in need (e.g., due to a lack of own income), while the person liable for maintenance can only be called upon within the limits of their financial capacity. The principle applies to maintenance for children as well as for spouses and parents. The individual circumstances – such as income, assets, existing maintenance obligations to other relatives, and personal allowances – are carefully weighed by the courts. As such, the principle of alimentation in German law is always subject to a case-by-case review, without any automated entitlement, and both need and financial ability must be substantiated in detail.
In which situations does the principle of alimentation apply under German law?
The principle of alimentation applies particularly in situations where close family members – typically parents and children – are economically dependent on each other. Classic cases are child maintenance (the obligation of parents to support minor or privileged adult children), parental maintenance (when children must support their needy parents), and spousal maintenance. These obligations generally arise when a person cannot meet their necessary maintenance independently and is thus reliant on the support of close relatives. German law specifies these situations in the above-mentioned sections of the BGB and at the same time provides a personal allowance for those liable, below which they cannot be required to contribute further to support. In family court proceedings, the applicability of the principle of alimentation is regularly examined, with factors such as additional maintenance obligations, current income situation, and individual needs being taken into account.
How is the amount of maintenance payments calculated under the principle of alimentation?
The amount of maintenance payments under the principle of alimentation is derived from a calculation that considers both need and ability to pay. In the case of child maintenance, the “Düsseldorf Table” is often used as a guideline, with the income of the person obliged to pay, the age, and the number of children taken into account. The rates in the table serve only as a reference point – the decisive factors are the actual economic circumstances and the family’s standard of living. For spousal and parental maintenance, an individual assessment is also carried out, during which income, deductions (e.g. professional expenses, additional burdens), existing third-party maintenance claims, and personal allowance limits are carefully examined. The so-called “reasonable personal allowance” serves to protect the person liable so that their own subsistence is not endangered. In the event of a dispute, the court calculates the ability to pay and, if necessary, makes a proportional allocation if there are several beneficiaries.
What is the order of priority for multiple maintenance recipients under the principle of alimentation?
The principle of alimentation provides for a legal order of priority among maintenance recipients in German law, which is set out in section 1609 BGB (“Priority among multiple maintenance recipients”). First in line are minor children and those privileged adult children are treated equally – their maintenance claims must be satisfied first. They are followed by spouses, whether separated or divorced (or widowed spouses with regard to widows’ or widowers’ pensions). Next are other adult children, and thereafter, parents or other relatives in the direct line. This order is decisive if the income of the person liable for maintenance is insufficient to fully satisfy all maintenance creditors. In such cases, first the priority group must be fully satisfied, while groups with a lower rank may be given lower priority or even excluded.
What legal limits does the principle of alimentation impose on the duty of maintenance?
The principle of alimentation is limited in German law both by the need of the claimant and the ability of the liable party to pay. Of particular importance is the personal allowance, which must remain as a subsistence minimum for the person liable. The level of this allowance varies depending on the circumstances (e.g., gainful employment, non-employed, maintenance liability towards parents). Furthermore, the person entitled to maintenance is obliged to make all reasonable efforts to earn an income and, if appropriate, to use their own assets before claiming maintenance. Thus, the principle does not entail unlimited liability and is always subject to the reasonableness for the liable party and the claimant’s primary duty to self-help. Additionally, the duty to pay maintenance can be reduced or eliminated if it would be unreasonable, e.g., in the case of serious misconduct on the part of the claimant as per section 1611 BGB.
What happens if the income of the person liable for maintenance is insufficient?
If the income of the person liable for maintenance is insufficient to meet all maintenance claims, the statutory order of priority applies. Priority claims (e.g., those of minor children) must be fulfilled first. Subordinate claims, for example from parents or divorced spouses, may then be met only partially or not at all, depending on the amount of maintenance available. In hardship cases, if even the minimum maintenance for those with priority claims cannot be paid, the family court may reduce the maintenance obligation or, in cases of complete inability to pay, cancel it altogether. In some cases, the government maintenance advance or basic social security may apply if the private liable party cannot pay.
Can parents refuse to pay maintenance under the principle of alimentation in cases of gross ingratitude by the child?
Yes, refusal or reduction of the maintenance claim is possible if there is serious misconduct or gross ingratitude on the part of the child. Under section 1611 BGB, the duty to pay maintenance may be excluded or reduced, for example if the child entitled to maintenance has committed a serious offense against the person liable, such as intentional serious crimes or significant physical abuse. The deciding factor is the commission of a serious, unlawful act that destroys the family relationship of trust. Courts examine such cases very strictly, and a complete exclusion of the maintenance obligation is only considered in exceptional circumstances; more often, the claim is partially reduced.
