Disaster law

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Disaster law is an umbrella term for the legal regulations in the field of disaster control, civil protection and disaster and accident aid.

The disaster law is very confusing. German disaster law is characterized by the separation into civil protection and peace-based disaster protection . The federal government is responsible for civil protection ( Article 73, Paragraph 1, No. 1 of the Basic Law ). The federal government made use of this competence by enacting the Civil Protection and Disaster Relief Act. The states, however, are responsible for disaster control in peacetime ( Art. 30 , Art. 70 GG), which is regulated in the state disaster control laws. In some cases, the state disaster control laws also contain regulations on fire protection and rescue services (for example in Saxony).

In Germany, disaster control is primarily carried out on a voluntary basis by private aid organizations (such as the German Red Cross ) and the Federal Agency for Technical Relief .

Insofar as disasters cross national borders or aid organizations as NGOs are involved, international law and, if applicable, international private and criminal law are relevant.

literature

  • Stober / Eisenmenger, Disaster Management Law - On the renaissance of a neglected area of ​​law, in: NVwZ 2005, p. 121
  • Trute, civil protection law - inspection of a displaced area of ​​law, in: KritV 2005, p. 342
  • Musil / Kirchner, Disaster Control in the Federal State, Die Verwaltung 39 (2006), p. 373
  • Michael Kloepfer (ed.), Disaster Law. Basics and perspectives, Nomos, Baden-Baden 2008
  • Michael Kloepfer (ed.), Flood protection. Challenge to law and politics, Nomos, Baden-Baden 2009
  • Michael Kloepfer (ed.), Disaster law including civil protection, fire protection, rescue service, Nomos, Baden-Baden 2009, ISBN 978-3-8329-4009-6
  • Michael Kloepfer (ed.), Civil protection - structures and basic questions -, in: VerwArch 98 (2007), p. 163

Individual evidence