Amendment to the law
The law amending ordinance is an ordinance that is based directly on a constitutional basis and can therefore be issued without a simple statutory authorization (hence also "constitutional law amending ordinance". In contrast to this: implementing ordinance or executive ordinance).
The regulation amending the law is therefore usually issued to amend a formally correct and already enacted law (see the model of the gradual structure of the legal system ).
It is used in the independent ordinances in
- statutory ordinances ,
- statutory regulations ,
- law-changing regulations
distinguished.
Ordinances that change the law are in any case inadmissible if they violate the basic norms of the constitution.
Examples
An example of an order amending the law may be an ordinance issued on the basis of an emergency ordinance law (cf. e.g. emergency provisions of the Austrian Federal Constitution or Art 10 Liechtenstein National Constitution ).
The law-changing emergency ordinance directly changes the formal law. In some cases, such a law-changing emergency ordinance is subject to the later approval of the legislative body .
References
- ↑ BGE 103 IV 192, E. 2a: An enforcement ordinance must not go beyond the framework defined by the law. The enforcement ordinance has the function of specifying provisions of the law, filling real gaps if necessary and, if necessary, determining the applicable procedure. The Execution Ordinance therefore does not contain any new provisions that extend the scope of a law and limit the rights of those subject to the norm or impose obligations on them.
- ↑ See also Art 97 Paragraphs 2 and 3 B-VG regarding an emergency ordinance law of the provincial governments of the Austrian federal states
