Facts
A., born in 1958, received social assistance from the municipality of B. from 2007 onwards. In June 2013, the municipality reduced the social assistance by 15% as A. had not seriously endeavored to overcome his state of need within the framework of an assigned employment program. On November 1, 2013, the municipality instructed A. to work half-time in an employment program at Foundation C. starting November 3, 2013. Failure to comply would result in the termination of social assistance. A. did not follow the instruction, whereupon the municipality terminated the social assistance as of November 30, 2013. A. filed a complaint against this.Considerations
The Federal Supreme Court decided that the denial of emergency assistance, without the principle of subsidiarity coming into play, violates Art. 12 of the Federal Constitution. Since the assigned activity in the employment program would not have been remunerated, the principle of subsidiarity does not apply. Consequently, A. is entitled to emergency assistance in the sense of the absolutely necessary for a dignified existence. The Federal Supreme Court left open whether a…