Federal loyalty

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With federal loyalty (: also principle of federal comity , bündische loyalty or bündisches principle ) is called in a state the obligation of the general government and the constituent states to a nationwide friendly behavior. Above all, this requires mutual consideration and cooperation, but not an eternal stay in the covenant. In some cases, the federal government's obligation to the federal states is also referred to as loyalty to the federal states .

In Germany , federal loyalty as a constitutional principle is one of the norms immanent in the Basic Law that regulate the relationship between the federal government and the states . Both the federal government and the states are obliged "to work together in accordance with the nature of the constitutional 'alliance' that binds them and to contribute to its consolidation and to safeguarding the well-understood interests of the federal government and its members".

For example, when exercising its legislative powers, a state must take other states and the federal government into consideration if they would be affected by the effects of the law. Due to federal loyalty, the states can also be obliged to participate in the fulfillment of federal treaties under international law. Conversely, when exercising its right to issue instructions, the federal government must first hear the relevant state in the case of order management . The establishment of Deutschland-Fernsehen-GmbH is an example of a federal violation of federal loyalty.

See also

literature

  • Christoph Degenhart : State Law I (State Organization Law) . C. F. Müller, Heidelberg 2003, ISBN 3-8114-1817-3 , Rn. 214 ff.
  • Rudolf Smend : Unwritten constitutional law in the monarchical federal state. Ceremony for Otto Mayer. Tübingen, 1916, p. 247 ff.
  • Fabian Wittreck: Federal loyalty. In Ines Härtel (Ed.): Handbuch Föderalismus. Volume 1 (Fundamentals of Federalism and the German Federal State), Springer, Berlin / Heidelberg 2012, pp. 497–525.

Web links

Individual evidence

  1. ^ Federal Constitutional Court, judgment of March 26, 1957 - 2 BvG 1/55 Concordats judgment .
  2. ^ Joseph H. Kaiser : The fulfillment of the international treaties of the federal government by the states: Concordat judgment of the Federal Constitutional Court ZaöRV 1957, pp. 526-558.
  3. ^ Federal Constitutional Court, judgment of February 28, 1961 - 2 BvG 1, 2/60. Printed in: BVerfGE Volume 12, pp. 205–264 ( Internet reference ).