Annex competence
The legal figure of annex competence relates to the division of legislative competence between the federal government and the states in Germany . In principle, the Länder have this competence in accordance with Art. 70 GG , provided that a certain material is not expressly assigned to the Federation in Art. 70 ff. GG.
However, unwritten federal competencies are recognized in three groups:
- Annex competence
- Competence based on factual context
- Competence by virtue of the nature of the matter
The annex competence is subject to secondary and auxiliary areas that do not represent a separate subject matter, but only concern the preparation or implementation of a subject area. If the federal government has the competence to legislate in the main area by virtue of express allocation, these annex areas are also subject to this allocation. A competence of the countries would be absurd. Administrative procedures are not regularly covered by the annex competence, since otherwise the allocation to the Länder in Article 84.1 of the Basic Law would be pointless.
A demarcation to competence based on factual context appears difficult, to this extent a differentiation is increasingly being dispensed with and the annex competence is viewed as a case of competence based on factual context.
Examples
- The legislative competence of the federal government to regulate the subject matter " Federal Intelligence Service " includes, as an annex, the authority to regulate conditions and limits under which the BND must or may provide information to the public, including the press .
Austria
In Austria one speaks of the adhesion theory on the same problem.
Individual evidence
- ↑ BVerwG judgment 6 A 2.12. Principle 2. In: https://www.bverwg.de/ . BVerwG, February 20, 2013, accessed on January 3, 2019 .
