Federal compulsion
In the Federal Republic of Germany gives Federal forced to Art. 37 of the Basic Law of the Federal Government with the consent of the Bundesrat the right to enforcement of a federal law by a State compulsory enforcement.
If the states implement the federal laws as a separate matter ( state self-administration in the broader sense according to Article 84, Paragraph 1 of the Basic Law), the Federation exercises legal supervision over the states ( Article 84, Paragraph 3, Sentence 1 of the Basic Law). The prerequisite for the federal obligation is a notification of defects by the Federal Government and a decision by the Federal Constitutional Court in organ dispute proceedings in the event of differences of opinion on the rights and obligations of the Federation and the Land ( Art. 84 (4) GG, Section 13 No. 7, Sections 68, 64 ff. BVerfGG ).
The federal government can take “the necessary measures” by way of federal coercion. You and your agent, a federal commissioner , are authorized to issue instructions to all states and their authorities (Article 37, Paragraph 2 of the Basic Law). According to the prevailing opinion, alternative performance, the blocking of financial resources, the dissolution of parliament, the deployment of police forces and finally the deployment of the Bundeswehr are also possible.
In the history of the Federal Republic of Germany, federal compulsion has never had to be applied, which is why there is no practical case law of the Federal Constitutional Court . The legal norm was mentioned in the media in reporting on the Catalonia crisis when the Spanish government overturned the Catalan regional government on October 27, 2017, invoking Article 155 of the Spanish Constitution, which is presumably based on Article 37 of the Basic Law.
See also
Web links
- Possibilities of federal compulsion according to Art. 37 Basic Law - Appointment of a “savings commissioner”? Elaboration of the Scientific Services of the Bundestag , 2006 (PDF; 200 kB)
Individual evidence
- ^ Organstreit proceedings website of the Federal Constitutional Court, accessed on March 5, 2016
- ↑ See Hartmut Maurer: Staatsrecht I. Basics, constitutional organs, state functions. 5th revised and expanded edition 2007. Verlag CH Beck, p. 302, marginal note 49.
- ↑ See W. Erbguth, in: Sachs: Basic Law , Commentary, 5th ed. 2009, Art. 37 marginal note 2, with further evidence. In the literature, the possibility of federal compulsion is overwhelmingly rejected as "impractical".
- ↑ Crisis in Catalonia: Article 155 and what comes after? In: Frankfurter Allgemeine Zeitung . October 21, 2017. Retrieved November 10, 2017 .
