Introductory Act

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In Germany, an introductory act ( EG ) contains introductory provisions under federal law to a new federal law and in Switzerland cantonal implementing provisions to a (new or existing) federal law.

Germany

An introductory law (EG) is usually enacted in Germany as a law for an extensive body of law that replaces a certain earlier codification or regulates large areas of law. The introductory law is passed in the same legislative procedure as the law to be introduced. It regularly contains the date of entry into force of the law to be introduced and usually numerous transitional provisions to the existing law.

In rare cases, the introductory laws also regulate annex materials to the overall works to be introduced. For example, the Introductory Act to the Civil Code (EGBGB) regulates international private law, and the Introductory Act to the Courts Constitution Act (EGGVG) regulates the handling of judicial administrative files . The imposition of administrative fines in court hearings is partially regulated in the Introductory Act to the Criminal Code (EGStGB).

These are further codifications (selection)

Switzerland

meaning

Introductory laws (EG) are cantonal laws in Switzerland in which the cantons lay down the implementing provisions that are necessary for the implementation of federal law by the cantonal administration (organization and responsibility of the authorities as well as procedures before them) and, on the other hand, if permitted by the federal legislature or provided - set supplementary substantive law. A Swiss introductory law thus corresponds to a German [state] implementing law .

Important, extensive introductory laws are about

  • the introductory laws to the civil code (EG ZGB) u. a. with provisions on legal persons under cantonal law, guardianship and welfare housing (in many cantons recently regulated in their own laws), neighborhood law or rights of way;
  • the introductory laws for child and adult protection law (EG KESR) and a. with provisions for the organization of the competent authorities (KESB), for the management of the deputies, for welfare accommodation, for the procedure before the KESB and for the judicial complaint authorities;
  • the introductory laws to the Vocational Training Act (EG BBG) u. a. with provisions for basic vocational training, for higher vocational training, for further training and for vocational, study and career advice;
  • the introductory laws to the Water Protection Act (EG GSchG) u. a. with provisions on waste water and groundwater protection;
  • the introductory laws to the Health Insurance Act (EG KVG) u. a. with provisions on premium reductions.

There is more freedom of choice as to whether a cantonal supplementary law is referred to as an "introductory law" or as an independent law. In the canton of Zurich, for example, the “Law on Supplementary Benefits for Federal Old-Age, Survivors' and Disability Insurance”, the “Cantonal Animal Welfare Act” or the “Cantonal Animal Disease Act” are not referred to as introductory laws, although they largely contain implementation provisions for the respective federal laws.

terminology

The term introductory law in the Swiss sense emerged in the early 20th century when the Swiss Civil Code (ZGB) replaced the cantonal predecessor laws, but left the cantons considerable organizational and, in some cases, factual freedom, which had to be regulated by new cantonal laws. These cantonal supplementary laws were the prerequisite for the new ZGB to be "introduced" at all, i.e. H. could be implemented or applied. All cantonal EG ZGB from this period (1910/11) were therefore written in German as an introductory law to the Swiss Civil Code (e.g. Zurich, St. Gallen) or a law concerning [or about ] the introduction of the Swiss Civil Code (e.g. Bern, Basel-Stadt) or in French as Lois d'introduction dans le Canton de Vaud du Code civil suisse (Vaud), Loi concernant l'introduction du Code civil suisse (Neuchâtel) and similar.

While in German-speaking Switzerland the term introductory law has remained unseen to this day as a term for a cantonal law that implements federal law at the cantonal level, even if it was no longer about the "introduction" of new law, in French-speaking Switzerland it was later enacted laws mostly (but not consistently) changed to Lois d'application (i.e. application or implementation law). In Italian there were two variants from the beginning: In the canton of Ticino, the EG ZGB was referred to as Legge di applicazione e complemento as early as 1911 (i.e. application and supplementary law); In the trilingual canton of Graubünden, on the other hand, the Italian Legge d'introduzione was and is still valid , corresponding to Romansh lescha introductiva, which in both cases can be traced back to the German word introductory law (the respective Italian and Romansh versions of the Graubünden laws are in fact translations of the German text).

Web links

Germany
Switzerland

Individual evidence

  1. ↑ See for example Andreas Kley : Cantonal private law. A systematic presentation of the cantonal introductory legislation on federal private law using the example of the canton of St. Gallen and other cantons. St. Gallen 1992 (publications by the Swiss Institute for Administrative Courses at the University of St. Gallen), ISBN 3-908185-02-5 . Online version. ( Memento from December 16, 2013 in the Internet Archive )
  2. ↑ See Swiss Civil Code in the version of December 10, 1907, final title ... Section 1: The application of the previous and new law (Art. 1 ff.), Introductory and transitional provisions (Art. 51 ff.) ( Page no longer available , search in web archives: ZGB 1907 ); then Peter Tuor : The new law. An introduction to the Swiss Civil Code. Zurich 1912, about p. 28.@1@ 2Template: Dead Link / www.amtsdruckschriften.bar.admin.ch