Subsidiärmittel

Subsidiärmittel refers to a legal concept primarily found in German law, particularly within the realm of social security and administrative law. It designates a type of financial support or resource that is only provided when primary or direct means are insufficient or unavailable. The core principle is that a primary entitlement or source of assistance must be exhausted before subsidiary means can be accessed.

This concept is often applied in situations where individuals are seeking financial aid. For instance, if someone is eligible for a certain benefit or allowance, they are generally expected to utilize that primary benefit fully before they can claim any additional support under a subsidiary provision. This prevents an over-reliance on secondary sources and ensures that primary entitlements are utilized as intended.

Subsidiärmittel can also appear in international law, particularly in relation to refugee status determination. If an asylum seeker has a primary country of asylum where they could safely reside, their claim for protection in another country might be considered subsidiary. This means that protection would only be granted if residing in the primary country of asylum is not a viable option for them.

The underlying rationale for subsidiary means is to create a hierarchical system of support, ensuring efficiency and preventing abuse of the system. It emphasizes that individuals should first pursue their primary rights or entitlements before seeking alternative or supplementary assistance. The specific conditions and criteria for accessing subsidiärmittel vary depending on the legal framework and the nature of the support being sought.