Measures Act Preparation Act
| Basic data | |
|---|---|
| Title: | Law to prepare for the creation of building rights through a law of measures in the transport sector |
| Short title: | Measures Act Preparation Act |
| Abbreviation: | MgvG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Traffic law |
| Issued on: | March 22, 2020 ( BGBl. I p. 640 ) |
| Entry into force on: | April 1, 2020 |
| Weblink: | Text of the MgvG |
| Please note the note on the applicable legal version. | |
The Act Preparing for Measures Act ( Act to prepare for the creation of building rights through Act of Measures in the Transport Area ; MgvG ) is a German federal law , the subject of which is a procedure to permit the new construction, expansion and modification of certain transport infrastructure projects no longer by means of a plan approval decision , but by law can.
As early as 1996, in connection with the German Unity transport projects , the Federal Constitutional Court was of the opinion that even detailed plans in the area of system-related specialist planning were not reserved for the executive but also accessible to statutory regulation if there were good reasons for such legal planning in individual cases .
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A total of 12 infrastructure projects between Schleswig-Holstein and Bavaria in the areas of rail and waterways can be approved by the German Bundestag, in deviation from Section 18 (1) of the General Railway Act (AEG), Section 14 (1) of the Federal Waterways Act (WaStrG), through action laws instead of official administrative acts ( § 2 sentence 1 MgvG). This includes the upgraded and new line Bielefeld – Hanover .
The legislative procedure is based on the plan approval procedure of § 72 to § 78 VwVfG and provides for early public participation and a hearing procedure ( § 5 , § 7 MgvG).
The Federal Ministry of Transport and Digital Infrastructure may decide to continue the approval procedure according to the MgvG for projects for which a plan approval procedure has already been initiated ( Section 14 MgvG).
It was already in the legislative process whether the access to the administrative courts , which is not possible against the law, is compatible with the principle of effective legal protection , in particular the Aarhus Convention , the EU Directive on Environmental Impact Assessment ( EIA Directive ) and the related case law of the European Court of Justice controversial. The Federal Council had doubts as to whether a constitutional complaint , which is the only possible legal remedy in proceedings against a law, would meet the requirements of European law. Because the simple legal questions, whether in particular the objectives of the EIA Directive are realized, are beyond the constitutional review with the result that any legal violations would have no consequences. In the opinion of the Federal Government, however , the MvgG conforms to European law according to a legal opinion prepared by Jan Ziekow . The Committee on Transport and Digital Infrastructure of the German Bundestag was divided at a hearing. The mediation committee was not convened.
Web links
- Basic information on the law
- Accelerated planning: Bundestag initiates the "Turbo" Allgemeine Bauzeitung , February 4, 2020
Individual evidence
- ↑ BVerfG, decision of July 17, 1996 - 2 BvF 2/93 "Stendal southern bypass"
- ↑ Maike Sutor-Fiedler: Laws to accelerate planning passed construction network, January 31, 2020.
- ↑ Council Directive 85/337 / EEC of June 27, 1985 on the assessment of the effects of certain public and private projects on the environment . In: Official Journal of the European Communities . L 175, July 5, 1985, p. 4.
- ↑ ECJ, judgment of October 18, 2011 - C-128/09 "Boxus"
- ↑ ECJ, judgment of February 16, 2012 - C-182/10 "Solvay"
- ↑ Draft of a law to prepare for the creation of building rights by means of a law on measures in the transport sector (Law on the Preparation of Measures Act - MgvG), opinion of the Federal Council and counter-expression of the Federal Government BT-Drs. 19/16405 of January 8, 2020, p. 1/2, p. 5
- ↑ Expert dispute on measures to expand the infrastructure of the German Bundestag, accessed on April 5, 2020.
- ^ Bernhard W. Wegener : Major projects by law: Without legal protection and without a future Legal Tribune Online , February 24, 2020
