scope

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Scope (also called scope ) in Germany describes the spatial, personal, factual and temporal scope of a legal norm .

Provisions on the spatial, personal and material scope of application are often at the beginning, on the temporal scope at the end of legal sources with reference to all legal norms contained. The scope can also be a constituent feature of a single legal norm, for example the prohibition of traffic with motor vehicles and bicycles on the island of Helgoland according to § 50 StVO . Laws can make detailed provisions on their scope. The title "Scope" of the Criminal Code (StGB) comprises ten paragraphs .

Spatial scope

The spatial scope ( ratione loci ; legal area ) of the substantive laws of a regional authority usually extends to its territory. For example, the Basic Law (GG) generally only applies on the territory of Germany, a law of a federal state only applies to the respective country and the statutes of a municipality or a municipality association only applies to its territory. If the spatial scope of a legal source corresponds to the area of ​​a corporation, the (express) specification in the substantive law is usually not required.

In the legal sense, state territory is basically a spatial area of ​​application of certain legal norms, where the state can carry out its own sovereign acts . The geographical scope can also extend beyond one's own national territory. Domestic legal sources can determine that some of their legal norms also apply abroad, for example in the Criminal Code for acts abroad with a special domestic reference ( Section 5 StGB), against internationally protected legal interests ( Section 5 StGB) or in other cases ( Section 5 StGB) as well as for genocide ( § 6 ), crimes against humanity ( § 7 VStGB) and war crimes ( §§ 8–12 VStGB) according to § 1 of the International Criminal Code (VStGB).

The provisions of German service law also apply to civil servants and soldiers posted abroad .

At the time of the division of Germany, the wording “Scope of the Basic Law” was chosen in legal sources in the Federal Republic in order to avoid differentiating between domestic and foreign in relation to the territory of the German Democratic Republic .

Personal scope

The personal scope ( ratione personae ) refers to the group of natural or legal persons under public or private law , for which a legal source applies across all of the individual elements of the offense .

Statutes of institutions under public law apply to their members. The Federal Civil Servants Act (BBG), for example, basically defines the federal civil servants as its scope ( Section 1 BBG). The personal scope of the Company Pension Act extends to workers and employees, including those employed for their vocational training ( employees ); certain provisions are not applicable to legal entities under public law ( Section 17 (1) and (2) BetrAVG).

Material scope

The factual scope of application ( Ratione Materiae ) refers to the thematic area for which a legal source applies across the board for individual constituent elements .

The Passenger Transport Act (PBefG), for example, has the material scope of application of the paid or business-like transport of people by trams , trolleybuses and motor vehicles ( Section 1 (1) sentence 1 PBefG).

Temporal scope

The temporal scope of application ( Ratione Temporis ) basically extends from the entry into force to the expiry of the legal source. Individual legal norms of a legal source can come into force and become invalid. A retroactive entry into force of the law is generally permissible, but not in the case of legal norms that determine a criminal offense . This would violate the principle of Nulla poena sine lege . Every law and every ordinance should determine the date of entry into force. If such a provision is missing, they come into force on the fourteenth day after the end of the day on which the Federal Law Gazette was issued ( Article 82, Paragraph 2, Basic Law).

The Basic Law came into force on the day of its promulgation, May 23, 1949 ( Art. 145, Paragraph 2, Basic Law). It loses its validity on the day on which a constitution comes into force that has been freely decided by the German people ( Art. 146 ). Federal laws regularly stipulate that they come into force on the day after their promulgation in the Federal Law Gazette. They cease to be in force by law.

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