Negative catalog

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In jurisprudence, the explicit listing of exclusion criteria is referred to as a negative catalog (or exclusion catalog) . Basically, the legislature defines positively, e.g. B. the legal requirements for a claim.

Public law

Suffrage

As a negative catalog a list of topics and areas referred to Think About When direct democratic votes (z. B. referendum , citizens' initiative , referendum ) must not be decided. Typically, this includes questions of budget policy , the internal organization of the administration and legal processes (e.g. court proceedings ), as well as planning approval procedures and land-use planning .

Administrative law

In administrative law, there is a negative catalog for an administrative act stating when such an act is null and void ( Section 44 (2 ) VwVfG ).

Civil Law

In civil law , there are also negative catalogs, such. B. in § 309 BGB , when general terms and conditions are ineffective.

literature

  • Gudula Looman: Citizens' petitions for drawing up or not drawing up development plans - violation of municipal planning sovereignty? , in: NVwZ 1998, 1271-1273.
  • Stefan Muckel : Citizens' petitions and referendums - effective instruments of direct democracy in the communities? , in: NVwZ 1997, 223-228.