Investment Measure Act

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In the 1990s, several laws in Germany were designated as the Investment Measures Act, with which several sections of the German Unity Transport Project (VDE) should be passed directly by law.

The legislature took the place of the planning approval authority and was obliged to weigh public and private interests against each other . A plan approval procedure with broad public participation and numerous objections was thus bypassed.

The investment measure laws should be used where the acceleration effect of the traffic route planning acceleration law would not be sufficient. This exceptional situation had to be represented in every investment measure law. The federal government decided the southern bypass of Stendal in the course of the railway - Hanover-Berlin high-speed railway , the section rounders - Löbejün the federal highway 14 and the section Wismar Wismar Ost - West Federal Highway 20 to plan it.

Stendal southern bypass

The southern bypass from Stendal formed the 13.33 km long planning approval section 4.3 of the new Oebisfelde – Berlin line.

The legislative procedure was initiated by a cabinet decision of July 15, 1992 . The draft bill for an investment law, distributed to 662 members of the Bundestag at the end of August 1992, comprised 750 pages and weighed more than three kilograms. The first reading took place at the end of October 1992.

In the summer of 1993, the German Bundestag passed the law with the coalition majority. The law on the construction of the Stendal southern bypass was passed after the approval of the Federal Council on July 9, 1993. It comprises six paragraphs and three annex volumes with many hundreds of pages of planning documents. The law was promulgated on November 30, 1993 and came into force on December 1, 1993. The groundbreaking ceremony took place on the same day.

criticism

The fact that the German Bundestag, instead of the public administration, legally regulated the plant-related specialist planning with regard to an individual project was controversial. A so-called legal planning is considered to be an intervention in the area of ​​responsibility of the administration for the planning approval according to § 18 AEG not permitted. It is an inadmissible individual law .

The opposition voting against it considered the elimination of the rule of law to be unacceptable.

Manfred Carstens , Parliamentary State Secretary in the Federal Ministry of Transport , reckoned with a statutory regulation compared to a plan approval procedure with a time gain of about one and a half years.

In the legislative process, the dispatch of the relevant Federal Council printed matter (513/92) was stopped in September 1992 after the draft law that was transmitted with it contained personal data of citizens, including a register of real estate. The names and addresses of the objectors were also published.

Several constitutional suits have been filed against the law . When it was passed in the Federal Council, the representative of Hesse, Joschka Fischer , announced that the law would be stopped before the Federal Constitutional Court . On July 17, 1996, the second Senate under Jutta Limbach determined that the law was compatible with the Basic Law, and that the admissible application for regulatory control by the State of Hesse was unfounded. It cannot be inferred from the Basic Law, in particular Article 19, Paragraph 1, Sentence 1 of the Basic Law that it is based on a legal concept that allows general regulations without exception. With the regulation of an individual case, such as the planning of an individual project here, the legislature does not necessarily intervene in the function that the constitution has reserved for the executive or the judiciary. A municipal constitutional complaint from the city of Stendal was not accepted for decision (file number 2 BvR 38/94).

The deliberations in parliament ultimately lasted almost as long as the planning approval for the neighboring sections. Also PGS -Geschäftsführer Helmut Weber looked at the bottom line due to extensive consultation phase on site and the complexity of the legislative process hardly temporal advantages over the possibilities of the transport infrastructure planning acceleration law .

Further investment measure laws

At the beginning of June 1991, the then Federal Transport Minister Günther Krause emphasized that the legislature had to pass an investment law on every single VDE project in order to enable construction to start quickly. At times, investment measure laws were planned for all VDE projects. The first of these laws should be introduced at the turn of 1991/1992.

At the beginning of July 1991 the Federal Ministry of Transport announced that it would not enact an investment measure law for each individual project, but for individual sections of the projects. In October 1991 the first two laws were to be submitted to the federal government. While the southern bypass of Stendal on the high-speed route Hanover-Berlin was determined, there were three road transport projects to choose from: the Halle bypass , the Weimar bypass or the Halle- Magdeburg motorway section . The latter project was selected at the end of August 1991.

At the end of August 1991, Federal Transport Minister Krause submitted a basic framework to the cabinet, on the basis of which the law for the Stendal southern bypass should initially be developed. In the same year, the law of measures for the Halle – Magdeburg motorway is to follow. While the Federal Ministry of Transport adhered to the planning by means of the Investment Measures Act, a media report indicated that the Federal Government wanted to drop planned measures initially due to major ecological and legal concerns.

In mid-1993, after the decision to bypass the southern bypass around Stendal, two further laws (A 14, A 20) were being discussed by the Bundestag and Bundesrat.

In mid-December 1993, the German Bundestag decided to bypass Wismar by the federal motorway 20, also by means of an investment measure law. This should shorten the planning time by one and a half years.

The federal government initially waived further investment measure laws.

With the Act Preparing for Measures Act ( BGBl. I p. 640 ), which came into force on April 1, 2020 , a number of measures are being prepared for transport projects.

literature

Web links

Individual evidence

  1. ↑ a b c d Federal Ministry of Transport (Ed.): Transport projects German unity: projects, plans, laws, arguments . Bonn, August 1993, p. 37 f.
  2. ↑ a b c Planungsgesellschaft Bahnbau Deutsche Einheit mbH: The high-speed train connection Hanover - Berlin ( Memento of the original from September 30, 2007 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 3.2 MB; 20 pages) @1@ 2Template: Webachiv / IABot / www.db.de
  3. ↑ a b c d Planungsgesellschaft Hannover -Berlin mbH (ed.): Schnellbahn connection Hannover - Berlin: Construction work in the state of Saxony-Anhalt . Brochure, Hanover, March 1995, title page, p. 10 f.
  4. ↑ paper flood . In: Süddeutsche Zeitung , August 28, 1992.
  5. ↑ a b c Eberhard Krummheuer: Planning with Investment Measures Act . In: Handelsblatt , August 30, 1994, p. 5.
  6. ^ Message from the Bundestag approves the Stendal southern bypass . In: Eisenbahntechnische Rundschau , Volume 42 (1993), Issue 9, p. 555.
  7. ↑ a b Lawsuit announced against the Stendal southern bypass . In: Frankfurter Allgemeine Zeitung , July 10, 1993, p. 4.
  8. ↑ a b Planning for the expansion of the ICE line according to the constitution . In: Frankfurter Allgemeine Zeitung , October 23, 1996, p. 8.
  9. ↑ Plan faster . In: Der Spiegel . No. 35 , 1992, pp. 17 ( online ).
  10. ↑ The federal government publishes personal data . In: Frankfurter Allgemeine Zeitung , September 23, 1992, p. 17.
  11. ↑ Unlawful interference . In: Der Spiegel . No. 37 , 1992, pp. 16 ( online ).
  12. ↑ a b c Johannes Leithäuser: As far as the speed is concerned, the thirties would have been overtaken . In: Frankfurter Allgemeine Zeitung , No. 282, 1994, December 5, 1994, p. 10.
  13. ↑ Federal Law Gazette 1993 I p. 1906
  14. ↑ BVerfG, decision of the Second Senate of July 17, 1996 - 2 BvF 2/93
  15. ↑ cf. BVerfG, judgment of May 7, 1969 - 2 BvL 15/67
  16. ^ Transport projects in the new federal states. Krause remains with the demand for action laws . In: Handelsblatt , June 6, 1991, p. 3.
  17. ^ Friedrich Karl Fromme : Against the Tower of Babel . In: Frankfurter Allgemeine Zeitung , June 19, 1991, p. 7.
  18. ^ Minister Günther Krause will need more legislation than previously expected . In: Handelsblatt , July 2, 1991, p. 1.
  19. ↑ a b Cabinet amends draft acceleration law . In: Frankfurter Allgemeine Zeitung , August 29, 1991, p. 11.
  20. ↑ More steam for traffic . In: Handelsblatt , August 27, 1991, p. 6.
  21. ↑ Brief messages . In: Frankfurter Allgemeine Zeitung , December 13, 1993, p. 13.
  22. ↑ Important environmentally friendly transport projects are being accelerated. In: bmvi.de. Federal Ministry of Transport and Digital Infrastructure, January 31, 2020, accessed on February 5, 2020 (the date of the notification can be found on the parent page).