Priority
In jurisprudence, priority is one of the two ways of resolving a conflict of norms, alongside application priority .
According to the principle of priority , only one legal norm applies to a situation that is covered by several legal norms but regulated differently by them, namely the prevailing one. The precedence of validity leads to the fact that the repressed legal clause loses its validity, i.e. it is suspended and thus invalid (void): the higher-ranking law breaks the lower-ranking law. This is different with application priority. What is a priority of the two conflicting provisions, deciding by a conflict rule .
Under certain circumstances, the superseded standard is overridden by a special procedure. A distinction is made between examination competence (who is allowed to examine whether a regulation has been superseded by the priority of another regulation?), Non-application competence (who can decide not to apply a standard because of the priority of another regulation?), And the obligation to submit (who must if it is determined whether the superseded norm should be submitted to a specific body for review?) and the rejection authority (who may ultimately declare the superseded provision null and void, either incidentally or in principle?).
The priority of validity applies in particular to the collision rules Lex superior derogat legi inferiori and Lex posterior derogat legi priori . According to constitutional law, the priority of federal law over state law in Germany is laid down in Article 31 of the Basic Law .
A distinction must be made between priority of application and priority of the law , a principle of public law.
Individual evidence
- ↑ Hartmut Maurer: General administrative law . 18th edition. CH Beck, Munich 2011, ISBN 978-3-406-61452-1 , § 4 Rn. 9, 12.
- ↑ Hartmut Maurer: General administrative law . 1st edition. CH Beck, Munich 1988, § 4 (18th edition 2011: § 4 marginal number 9).
- ↑ Thorsten Franz: Introduction to Administrative Science . Springer, Wiesbaden 2013, ISBN 978-3-531-19493-6 , pp. 243 .
