Brandenburg is targeting: € 230,000 compensation for embezzlement!
Brandenburg is targeting: € 230,000 compensation for embezzlement!
A current legal dispute between the federal government and the state of Brandenburg brings the mechanisms of the administration and the responsibilities in the maintenance advance on the agenda. The background is as follows: According to right-wing lupe demands from the state Brandenburg compensation for embezzlement of federal funds that are related to maintenance advances. The focus is on a clerk in the Oder-Spree district, who has unjustifiably transferred to her account between September 2006 and May 2011.
The matter was further fueled by the clerk in summer 2011 and a later conviction of 2 years and 10 months in prison due to commercial infidelity and computer fraud. But here the bureaucratic confusion comes into play: the district did not claim any claims for compensation against the streak. So it only seemed logical that the Federal Republic, which financed from the maintenance advance, brought in a lawsuit against the state of Brandenburg to pay this sum.
The role of the limitation period
However, the Federal Administrative Court's lawsuit was rejected with the objection of the statute of limitations. Die dreijährige Verjährungsfrist, festgelegt durch die §§ 195, 199 Abs. 1 BGB, war laut Legal motion , already expired. This began at the latest at the end of 2017, and also the fact that the Federal Republic was aware of the circumstances that had been found in November 2015, contributed to the fact that the lawsuit was not raised in the required period.
Some legal details behind the limitation process are crucial: the Federal Administrative Court made it clear that the objection of the statute of limitations was not raised. A related problem is that the state of Brandenburg is not liable for the embezzlement caused by the clerk, since the district that monitors the activity did not assert any recourse claims. This shows a clear lack of legal consequence within the municipal administration.
maintenance advance and repayment
Another topic that affects the population is the maintenance advances themselves. According to from 2016, from 427 million euros to over 800 million euros. It should be noted that maintenance advances have to be repaid, even if they have already been paid to the supervising parent. However, the repayment depends heavily on the income relationships of the maintenance parent.
A legal stumbling block is in the repayment rate: 44% of the cases are considered "not possible", while 17% are classified as "rather not possible". Only a small part, 13%, can implement the repayment. Furthermore, the statute of limitations for the recourse claims of the youth welfare offices is also limited to three years, but this can be interrupted by requests. Cooperation with the youth welfare office is therefore strongly recommended to avoid unpleasant payment requests.
In view of these developments, it remains to be seen how the legal disputes and the financial framework in relation to maintenance advances will develop in the coming months. The administrative hurdles seem to be as high as ever.Details | |
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Ort | Oder-Spree, Deutschland |
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