Legislation
The legislation is the creation of legal norms. Your control is one of the minimum content of each makeup.
Organ and associated competence
It is up to in a parliamentary democracy, especially the Parliament as a legislative government authority. Typically, a special legislative procedure is provided. In addition to these Acts of Parliament, also known as " laws in the formal sense," but there are also sub-statutory legal norms, such as ordinances and statutes, which shall be adopted by administrative bodies. This raises the question of the competence organ, so when the administration must act and when an Act of Parliament is required ( subject to the Act).
In a state but a further issue to be addressed in addition to the organ competence yet. For here are several levels of government, so that has to be determined which of these associations should be responsible for each of the legislation (Association of competence).
The so- materialize -down legal standards are carried out by a competent administration (see administration skills ) and optionally controlled by the case law.
Country-specific
Belgium
Germany
In Germany, the federal legislation is governed by the Basic Law. It is exercised mainly by the Bundestag. However, the Bundesrat, the federal government and ultimately the President are involved.
Legislative competence
The legislative competence refers to the right and the ability to legislate in a formal sense ( Acts of Parliament ). For the definitions of the association competence of the Länder, the Basic Law takes up the general principle of Article 30 of the Basic Law: Under the Constitution, the states have the right to legislate insofar as this Basic Law does not transfer it to the Federation (Article 70 paragraph 1 GG ). Countries competencies are therefore not listed individually. At its core area but include in particular the police law, municipal law, and the area of education and culture (" cultural sovereignty ").
Contrary to this rule technique, according to which the states are responsible in doubt, has become numerous exceptions and a nationwide friendly jurisdiction of the Federal Constitutional Court in the course of time the practical ratio reversed to the detriment of countries. Then the federalism reform would react.
Written federal powers
The federal government is basically jurisdiction only if it is expressly provided for in the Constitution.
In the area of exclusive legislative power of the Federation, the Länder have the power to legislate only if they are expressly authorized by a federal law (Art. 71 GG). The corresponding ranges are listed mainly, but not only, in Article 73 of the Basic Law. These include the foreign affairs and defense, including protection of the civilian population, citizenship in the Federation, the air transport, post and telecommunications, etc.
In the area of concurrent legislative competence of the federal countries (Art. 72 GG) may only be legislate so long as and to the extent the federal government has not exercised its legislative powers by law use. The matters of concurrent legislation enumerated especially in Article 74 of the Basic Law. They include such important areas as civil law.
Before the federalism reform the entire concurrent legislative competence was linked to the " necessity " of a uniform federal regulation ( necessity clause ), originally just a - by the German Federal Constitutional Court held for not verifiable - "need". Today the concurrent legislative below falls into three sub-cases:
- Basically, the federal government can act without additional conditions must be met (Art. 72 para 1 of the Basic Law ).
- In certain areas the federal government has the right to legislate but only if and insofar as the establishment of equal living conditions throughout the federal territory or the maintenance of legal or economic unity in the national interest federal regulation -making requires (Article 72 paragraph 2 of the Basic Law ). So here the previous, strictly designed by the German Federal Constitutional Court necessity clause has been preserved. It relates to the matters of Article 74 Paragraph 1 No. 4, 7, 11, 13, 15, 19a, 20, 22, 25 and 26 of the Basic Law.
- In a third region, finally, the federal government, although the legislative competence, but countries have a deviation competence (Art. 72 para 3 of the Basic Law ). This affects the hunting are (without the right of hunting licenses ) nature protection and landscape conservation (without the general principles of nature protection, the right to the protection of species or the marine nature conservation ), the distribution of land use, regional planning, the water balance (without substance or plant-related regulations ) and admission to higher education and university degrees. This deviation competence is one of the great innovations of the federalism reform. It means that applies to a larger extent than before federal law only in certain regions.
While usually only Federal or only state law can be adopted competency in ( so it's a matter either of the Federal or only state legislator in charge ) in the competing legislation effectively arisen Federal and state law may meet with the same subject matter, such as in adoption of the provincial law no federal legal regime was still present. This Standard collision is resolved by Article 31 of the Basic Law in favor of federal law: " Federal law supersedes state law ", ie the state law goes out ( validity precedence of federal law ).
In contrast to this, Article 72, paragraph 3, sentence 3 of the Basic Law for the deviation of competence that not about the superior rule of law, the lower breaks, but that " in the relationship between federal and state law, the each subsequent law" ( lex posterior derogat legi priori ) is going on. It should in this case not be a valid priority, but only to priority of application, so that the displaced standard continues to exist and would automatically apply to removal of the other again. In order to give countries time to prepare differing laws, federal laws occur in these areas earlier than six months after its promulgation, unless with the consent of the Bundesrat otherwise specified.
With the entry into force of the Amending Act of the Basic Law for federal reform on 1 September 2006, the framework legislation under Article 75 of the Basic Law has ceased to exist.
Unwritten competence title of the national
The control system of the Basic Law - Landeskompetenzzentrum, unless otherwise expressly provided - includes unwritten federal powers from actually.
In very narrow scope they are still recognized. A distinction
- Competence of factual connection,
- Annex competence and
- Competence powerful nature of things.
Negative legislative competence of the Constitutional Court
According to § 78 of the Federal Constitutional Court, the Federal Constitutional Court has negative legislative competence in the cases in which federal law with the Basic Law or Land law with the Basic Law or other federal law is inconsistent: it represents the force of law whose nullity fixed. The finding that the need for a federal statutory scheme no longer exists (Art. 93 para 3 GG) replaces a federal law.
Procedures and form
The regulated in the seventh section of the Basic Law rests with the federal legislative process as the main organ involved in legislation the legislature.
Federal Government, the Federal Council and Members of the Bundestag (at least five per cent or a fraction ) have the right of initiative, so bring the right a new law or a law to amend or repeal any other law as a draft to a vote in the Bundestag. The Bundestag shall consider the bill introduced that fall under the Basic Law in its area of competence ( and not for the countries ) in three readings.
Due to the federal system in Germany, the Länder are involved through the Bundesrat in the legislative process and all laws are submitted to that body for a vote. This can - can also fail a draft after an unsuccessful call the Conciliation Committee - depending on the nature of the law.
Has a law passed the Bundestag and the Bundesrat in the field covered by the Basic Law, the Rules of Procedure of the German Bundestag and the Rules of Procedure of the Federal Council procedures, it is sent in hard copy to the competent Ministry and then to the counter-signature of the Chancellor before it submitted to the Federal President will. This has the right to consider whether the law is referred to it by the Constitution in line and whether it has come into existence in accordance with the Constitution. Finally, the President signed the law, it is made out by it. Then it is promulgated in the Federal Law Gazette formally stating the date of entry into force.
Material bond and review
The legislature is bound in its decisions on the Constitution (Article 20 § 3 of the Basic Law). Thus, he has to observe certain standards and content of the Constitution, such as the rule of law or state objectives. In particular, he must respect fundamental rights, it may indeed be limited by law, but not hurt. Otherwise, the law is unconstitutional and void, so ineffective. Nullity may only be determined by the Federal Constitutional Court ( rejection monopoly).
However, the President is granted a competence test, after which he can refuse his signing with formal errors or an obvious violation of the constitution by the law and thus does not give effect to the law (→ signing and verification of laws by the President ).