de minimis

De minimis (lat. about " trifles " ) describes a principle of law that do not meet at the bagatelles to constitute a standard or are not accused. Best known are the phrases de minimis non curat lex (Latin for " The right does not care about little things" ) and de minimis non curat praetor (Latin for " The criminal court judge does not care about little things" ).

Although occasionally found in the Pandects evidence of a de minimis handling some cases, they were not codified in the institutions. The phrase de minimis non curat praetor appeared for the first time in 1644 in this form.

Examples

De minimis provisions exist in many forms in different jurisdictions and areas of law, such as:

  • The inadmissibility of trivial complaints to the ECHR in Article 35 III lit. b ( PDF, 1.7 MB) ECHR
  • The legal interest as a decision on the merits requirement in civil proceedings
  • The de minimis rule in § 129 para 2 No. 2 of the Criminal Code
  • The de minimis regulation (PDF, 64 kB) in the European public procurement law
  • The 4th Amendment to the Constitution of the United States ( " unreasonable searches and seizures " )
  • The release provisions of § 29 of the German Radiation Protection Ordinance.
Indictment European Court of Human Rights
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