The presidents of the administrative courts and higher administrative courts of the federal states and the Federal Administrative Court are against assigning the legal areas of housing benefit, BAföG, maintenance advance and child and youth welfare under SGB VIII to the jurisdiction of the social courts. The coalition agreement between the CDU, CSU and SPD contains a corresponding intention (lines 473 - 475). They argue that legal protection for these areas should continue to be ensured by the administrative courts. „Thanks to this decades-long decision-making practice, the administrative courts have both specialised knowledge and the necessary structures for the swift and appropriate handling of proceedings. On the other hand, there is no objective justification for the planned allocation of the aforementioned areas of law to the social courts,“ reads the Federal Administrative Court's press release. Rather, the relevant expertise must first be built up at the social courts, as the areas of law that the two jurisdictions deal with are structurally fundamentally different.

The numerous proceedings currently pending before the administrative courts in all federal states regarding the financing of daycare centres would also be affected by a transfer of jurisdiction to the social courts. „It remains to be seen what specific effects a new jurisdiction would have; however, delays in proceedings due to a change of jurisdiction cannot be ruled out,“ says lawyer Franziska Wilke.