Most-favored nation principle (procedural law)
The most favored nation principle was developed by case law and is used in procedural law . It says that not only in social court proceedings , but also in administrative proceedings , applications or legal remedies without being bound by the wording are to be interpreted according to the real will of the applicant. This ensures that the social rights of the applicant are realized to the greatest possible extent and that the appellant is relieved of the risk of filing a false appeal. Normally an inadmissible legal remedy is rejected as inadmissible . In this way, a judicial decision that was made in the wrong form (e.g. decision instead of judgment ) can be challenged on the basis of the most-favored nation principle both with the appeal that corresponds to the form and with the appeal that corresponds to the correct form of decision would be given.
In German criminal law , most-favored nation treatment in Section 2 (3) of the Criminal Code is implemented in such a way that the milder version is used in the event that the applicable norm is changed between the commission of the offense and the decision. If a penal norm were to be tightened accordingly, the version at the time of the offense would apply and, conversely, if the norm were to be moderated, the version at the time of the decision would apply. A violation of the most-favored nation principle under criminal law can constitute grounds for revision.
Individual evidence
- ↑ See Federal Social Court, judgment of October 21, 2003 - B 7 AL 88/02 R ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. .
- ↑ . See Federal Social Court, judgment of 10 November 2011 - B 8 SO 18/10 R .
- ↑ cf. BGH 5 StR 527/14 - decision of November 25, 2014 (LG Kiel).
