The legal point of view Implication for social rights

8 The legal point of view Implication for social rights 

Activation changes the character of social rights once the respective schemes are activated. Although provisions requiring some action by benefit recipients have been in place in most insurance-based benefit schemes, it seems fair to say that especially in countries with a job-related social protection tradition (the so-called Bismarckian type of social protection) they lay dormant before the shift towards activation occurred. This resulted not only in more precise and sometimes more restrictive conditions under which benefit could be claimed, but also in a more consistent implementation of these provisions. 

According to different legal traditions, the constitution can commit the state to provide an occupation for its citizens ( Right to Work ). As a rule, such constitutional principles normally have a mere programmatic character implying that the individual cannot deduce a direct entitlement. Still, these principles clarify that the integration into the labour market is not only the responsibility of the person concerned but that the creation of an adequate labour market is a duty of the state. Last but not least, sufficient job offerings are an essential prerequisite to a sustainable success of activation. 

The constitution can also be interpreted as setting up limits for activation. In particular repressive activation implies the danger that sanctions go too far. The 

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