Collision rule
A collision rule is used in the law of the resolution of a conflict of rules : if a situation different legal standards are applicable, the collision rule which is a priority of legal standards and displaced so that other legal standards decides.
Conflict rules are linked to certain properties of the conflicting legal norms. Which collision rule is applicable can be determined by a so-called collision norm. Otherwise, a general rule of conflict must be determined by interpreting the conflicting legal norms.
A special case of the conflict of law rules that specifically regulates the relationship between several legal norms is the relation norm .
General rules of collision
Lex specialis principle and subsidiarity principle
Lex specialis derogat legi generali: The more specific law supersedes the general one. Then the more precise legal norm takes precedence over the general one.
- An example of a collision rule based on the lex specialis principle is Section 8 (1) StVO : “At intersections and junctions , whoever comes from the right has the right of way . This does not apply if the right of way is specially regulated by traffic signs [...]. "
The principle of subsidiarity is related to the lex specialis principle . According to this, the subsidiary legal norm only applies if one issue is not regulated by another.
Lex posterior principle
Lex posterior derogat legi priori : The later law supersedes the earlier one. So the newer norm takes precedence over the older one.
- An example of a conflict of law rule based on the lex posterior principle is Article 72, Paragraph 3, Clause 3 of the Basic Law, new version: "In the areas of Clause 1 [the states' right to deviate], the later law takes precedence in the relationship between federal and state law."
Lex superior principle
Lex superior derogat legi inferiori : The higher-ranking law supplants the lower-ranking law. So the norm at the higher level of the norm hierarchy takes precedence over the subordinate.
- An example of a conflict of law rule based on the lex superior principle is the sentence “ Federal law breaks state law ”, as it is laid down in Article 31 of the Basic Law in the Federal Republic of Germany .
Special collision rules
Collective agreement law
If employees of a company are simultaneously bound by conflicting collective agreements , one speaks of collective bargaining competition . According to the politically controversial new regulation in Section 4a, Paragraph 2, Sentence 2 TVG, it can then be judicially determined that only the collective agreement of the union that has the most members in this company applies.
Collision of fundamental rights
The collision of fundamental rights is resolved by means of practical concordance .
International conflict of laws
The case of a conflict of legal norms of different states in the field of private law is covered by international private law , which is also called conflict of laws .
The collision of tax law norms of different countries is covered by double taxation agreements.
In the event of a conflict between the provisions of civil procedure law in different countries, international civil procedure law applies .
literature
- Kai Engelbrecht: The conflict rule in the federal regulatory network . Mohr Siebeck 2010. ISBN 978-3-16-150311-5 (on Art. 31 GG)
- Lars viellechner: Duty to take into account as a rule of collision. On the domestic effects of international treaties and decisions by international courts, in particular with regard to the interpretation and application of fundamental rights , in: Nele Matz-Lück , Mathias Hong (ed.): Fundamental rights and fundamental freedoms in the multi-level system - competitions and interferences , Springer-Verlag 2012, Pp. 109-159. ISBN 978-3-642-24680-7
Web links
- Rainer Hofmann: Constitutional Law I, § 15 Federal State 2012 (on the situation in Germany)
- Burkhard Schöbener: The relationship between EU law and the national law of the Federal Republic of Germany JA 2011, p. 885
- Carsten Kern: The applicable law of the arbitration agreement in the international commercial and investment arbitration in Heidelberg, 2012
- Christine Kaufmann: Constitutional Law II. Priority of Federal Law; Supervision 2010 (on the situation in Switzerland)
Individual evidence
- ↑ Röhl, Klaus F./Röhl, Hans Christian: General Theory of Law. A textbook . 3. Edition. Carl Heymanns, Cologne 2008, ISBN 978-3-452-26001-7 , p. 154, 156 .
- ^ Thomas Dieterich: Hans-Böckler-Forum collective bargaining unit for labor and social law, 8./9. March 2007
- ↑ BVerfG , press release no. 73/2015 : Applications for temporary injunctions against the Unified Collective Bargaining Act dated October 9, 2015, unsuccessful .
