Sunset provision

A sunset clause (also: expiry clause, termination clause in U.S. law also: sunset clause or sunset commission derived therefrom rare: sunset clause ) is a clause contained in a law that sets its expiration, provided that the legislature did not extend or an identical piece of legislation decides again. Until the specified time (hence the comparison in English: Sunset ), the legislature of a recall right to exercise and the law - often by a shortened method - change. Is the deadline, a renewed legislative procedure must be carried out. Technically, it is a condition subsequent.

Examples

• Has its origins in Roman law sunset clause Institute of the mandate, the authorization of the Senate during the Republic to withdraw troops for specific tasks and duties, which was limited in scope and time. Such authorizations ended before completion of an elective office (such as consul or proconsul ) to ensure their unique or limited character. From this time, the rule of law ad tempus Concessa post tempus censetur denegata comes (which is given on time, is automatically denied after the expiration of the time). A breakthrough took place with the unlimited dictatorial authority of Caesar as Dictator Perpetuus, which led to a constitutional crisis. The same was true for emergency legislation the Senate. The principle is taken to preserve in all areas of law and was later codified in the Code of Justinian 10, 61, 1.

• Europe: Discontinued clauses found, for example, in the draft European Constitution. The ECSC Treaty was concluded for a period of 50 years and expired on 23 July 2002.
• Germany: In the German legislation outlet clauses are available at several levels. The Basic Law is a general sunset clause of 6 months is provided for emergency legislation - Article 115k paragraph 2 GG.
• In federal laws spout clauses are occasionally used to reach for laws of a pilot nature or a majority at all, by the agreement meets repeated law decision in the next legislature. Thus, the anti -terrorism database law comes with the end of 30 December 2017 except force.
• In the provincial legislation, in particular clauses are common exit about in Hesse and North Rhine -Westphalia.