Since the end of June, asylum seekers in Bavaria have been receiving their benefits on a payment card, and only 50 euros can be withdrawn in cash. The model is legally on shaky ground, says Thomas Spitzlei from the University of Bayreuth. He expects further lawsuits.
The payment card has been successfully introduced in all 96 districts and independent cities, the Bavarian state government proudly announced at the end of June. Since then, asylum seekers have only been able to spend their state benefits where a Mastercard is accepted. Transfers and online purchases are not possible, and cash is limited to 50 euros. This is intended to prevent money from flowing abroad. In August, however, State Secretary of the Interior Sandro Kirchner (CSU) felt compelled to defend the model. In two emergency decisions, the Nuremberg Social Court ruled in favor of refugees who had sued against the card restrictions. The decision was based on a “special constellation,” Kirchner said. The Bavarian payment card system as such is not in question. Thomas Spitzlei, Professor of Public Law, sees things differently. The federal law on payment cards is poorly drafted. Bavaria must react.