Implied Powers Doctrine
The Implied Powers Doctrine is a rule of interpretation of international law derived from US law . According to this, competency regulations in international treaties are to be interpreted in such a way that they also include unwritten competencies, without which the exercise of the expressly written authority regulations would not be possible and without which they would not be applicable.
This method is understood as a special kind of teleological interpretation (interpretation according to the meaning and purpose of the norm). It is - in a similar form - not alien to German law. For example, the unwritten legislative competences of the federal government are recognized as annex competence or "by virtue of factual context" in addition to the catalogs of Articles 73 and 74 of the Basic Law of jurisprudence and teaching.
ECJ
The Implied Powers Doctrine is used by the European Court of Justice (ECJ) , among others . This justified the fact that in the areas in which it has exclusive legislative power , the EU also has the power to conclude contracts with third countries (move away from internal to external competence ). The ECJ expressly mentions the Implied Powers Doctrine in the case 8/55, "Fédéchar", official collection of decisions of the ECJ 1955/56, p. 295 (312).
See also
- McCulloch v. Maryland
- Effet utile rule of international treaty law
