Individual law

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An individual case law or human law is a legal provision that non-abstract general but is applicable only to a person or a single issue.

Constitutional assessment

Individual laws that restrict a basic right are in accordance with Art. 19.1 sentence 1 GG inadmissible. The general principle of equality results in an absolute prohibition of discrimination and privileges ( prohibition of the individual law ). In addition, individual laws may be permissible as objectively justified special regulation (singular laws) if there is only one case to be regulated and the regulation of this issue is supported by objective reasons. Examples are the so-called Platow amnesty with the Law on Exemption from Punishment of 1954 or the investment measures laws in connection with the German unity transport projects .

Definition and demarcation

Article 19 (1) sentence 1 of the Basic Law prohibits laws restricting fundamental rights that are not general but only apply to individual cases. A law is general if, due to the abstract version of the legal facts, it cannot be foreseen to how many and which cases the law will apply, i.e. if the intended legal consequences are not only possible once. The fact that the legislature has a number of specific cases in mind that it takes as the occasion for its regulation does not give it the character of an individual law if it is suitable, depending on the nature of the circumstances in question, to regulate an indefinite number of other cases. The abstract, general formulation must not, however, serve to conceal a regulation relating to individual cases.

Laws for which an individual case gives cause may relate to processes that have been completed in the past and may only cover an objectively and personally narrowly restricted area. These so-called laws of occasion or measures are not inadmissible under the Basic Law. They are not subject to any stricter constitutional scrutiny than other laws. The concept of the Law of Measures is constitutionally irrelevant in this respect.

Expropriation laws are not individual laws restricting fundamental rights within the meaning of Article 19.1 of the Basic Law, but are specifically regulated in Article 14.3 sentence 2 of the Basic Law. Compared to administrative expropriation, expropriation by law ( legal expropriation ) is only permissible in very limited cases.

literature

Web links

Individual evidence

  1. ↑ Christoph Degenhart : Staatsorganisationsrecht , 32nd edition 2016, Rn. 127
  2. ↑ cf. for equality of taxation : BVerfG, judgment of March 19, 1991 - 2 BvR 1493/89 .
  3. ↑ Paul Kirchhoff , in: Maunz / Dürig GG, Art. 3 Paragraph 1, as of: September 2015, No. 121.
  4. ↑ BVerfG, judgment of May 7, 1969 - 2 BvL 15/67 .
  5. ↑ Steffi Menzenbach, Heiko Wenzel: Individual Laws for Scientific Services of the German Bundestag , No. 25/09 (March 18, 2009).
  6. ↑ BVerfG, decision of December 15, 1959 - 1 BvL 10/55 para. 34 ff.
  7. ↑ BVerfGE 10, 234, 242; st. Rspr.
  8. ↑ BVerfGE 25, 371, 396
  9. ↑ BVerfGE 10, 234, 243 f.
  10. ↑ BVerfGE 24, 33, 52
  11. ↑ BVerfG, judgment of June 25, 1968 - 2 BvR 251/63 para. 60
  12. ↑ BVerfGE 15, 126, 146 f.
  13. ↑ Jörg Kinzig : "Only understandable for the initiated in happy hours" LTO , August 9, 2013 on the Therapy Accommodation Act
  14. ↑ BGH, judgment of May 15, 2014 - I ZR 131/13 No. 12 ff. On the Olympic Protection Act
  15. ^ Decision of the Bavarian Constitutional Court of January 15, 2007 - Vf. 11-VII-05 ( Memento of January 20, 2014 in the Internet Archive ) V.1.a); on Art. 59, Paragraph 2, Clause 3 BayEUG (Muslim teachers wear a headscarf in class).
  16. ↑ BVerfG, judgment of May 7, 1969 - 2 BvL 15/67 para. 86.
  17. ↑ BVerfG, judgment of December 18, 1968 - 1 BvR 638, 673/64 and 200, 238, 249/65 .