Competence by virtue of the nature of the matter
The legal figure of competence by virtue of the nature of the matter concerns the division of legislative competence between the federal government and the states in Germany . In principle, the Länder have this competence in accordance with Art. 70 GG , unless a certain subject area is expressly assigned to the Federation in Art. 70 ff. GG.
However, unwritten federal competencies are recognized in three groups:
- Competence by virtue of the nature of the matter
- Annex competence
- Competence based on factual context
However , the federal government cannot invoke a competence based on customary law .
The competence by virtue of the nature of the matter exists only in subject areas that can logically only be carried out by the federal government and on a national basis. The fact that these are natural federal tasks must be derived from the nature of the constitutional order of the federal government. This is particularly to be assumed with regard to the constitutional organization of the federal government. Examples are therefore the regulations of the capital or the national anthem , but also the Stasi Records Act . An express regulation in Art. 70 ff. GG has priority in any case.
Legislative competence must always arise on the basis of an imperative. The financial strength of the federal government and a supraregional need alone are not enough. The Federal Constitutional Court , for example, denies the legislative competence competence by virtue of the nature of the matter in regulating uniform spelling , as long as there are no communication difficulties throughout the state . Therefore, every country still has the possibility to make spelling reforms .
See also
Implied Powers Doctrine in International Law
