Abstract
For the European Union, the question, the Future of Social Security Law, comes at critical moment: the natural tendency for creation new barriers that is inherent for each national welfare state as an international threshold of inequity has been even enhanced by pending European integration. All mature European welfare states are restrictive and every nation has filters which separates out desirable migrants in terms of their labour market potential.
This article proves that neither old member states, nor the new ones exception are an exception. In our comparison, German social assistance scheme (especially the special Law on Social Benefits for Asylum-Seekers) guarantees, thanks to the active Constitutional Court, better positions for migrants than respective Czech laws.
Even so, German laws set forth enough protective clauses to being able marginalised asylum-seekers as in the Czech Republic or any other member state of the EEA.