Pitting clause

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The pitting clause is a legal and technical term from German legislative theory .

Laws often authorize the ministers responsible in each case to issue ordinances to regulate detailed questions (without the participation of the Bundestag ). If such an empowering law is changed (by the Bundestag), subsequent changes are often necessary in the ordinances, which are then usually also made in the amending law. The parts of the ordinance amended in this way should, according to the earlier legal opinion, have legal status and therefore cannot be changed later by ordinance.

In order to take this view into account, the amending laws regularly and expressly allowed these parts of the regulation to be amended by means of statutory instruments. Such a stoning clause is at the end of the amendment law (before the regulations for entry into force), usually under the heading Return to the uniform ordinance rank , and has the following wording, for example:

"The parts of the [...] regulation based on Article [...] can be amended by means of a statutory ordinance based on the authorization of the [...] law."

According to more recent rulings by the Federal Constitutional Court , it can be assumed that for reasons of clarity of the norms , those parts of statutory ordinances that have been amended by formal law also have ordinance status. The stoning clause is therefore only used for clarification purposes.

literature

  • Federal Ministry of Justice (Hrsg.): Handbuch der Rechtsformlichkeit. 2nd Edition. Bundesanzeiger-Verlag, Cologne 1999, paragraphs 704 ff. And 840, ISBN 3-88784-895-0 . Online edition

Individual evidence

  1. ^ Order of the Federal Constitutional Court of September 13, 2005 - 2 BvF 2/03
  2. ^ Order of the Federal Constitutional Court of September 27, 2005 - 2 BvL 11/02