One-in-one-out rule

The one-in-one-out rule is a measure taken by the German federal government from the “Cornerstones for further relieving medium-sized businesses of bureaucracy” of December 11, 2014, also known as the bureaucracy brake. It states that new burdens may only be introduced to the extent that previous burdens are reduced (compensation). The rule applies to all federal government projects that have been resolved since January 1, 2015.

In the period from January 2015 to December 2018, the federal government actually exceeded the goal pursued with the bureaucracy brake according to the one-in-one-out principle. In fact, “one in, three out” was realized.

scope of application

The rule applies to all regulatory projects by the federal government that affect ongoing compliance costs. Regulatory projects are primarily to be understood as the enactment of laws and ordinances.

exceptions are

1. so-called 1: 1 implementation of EU requirements, international treaties, case law of the Federal Constitutional Court and the European Court of Justice ,
2. Projects insofar as they serve to avert significant dangers or
3. have a time-limited effect (maximum one year).

Content of the rule

The rule is based on the existing methodology for determining and presenting compliance costs. Proposals for regulation that lead to a relief of the economy are deducted from their burdens. One-off compliance costs (conversion costs) are not taken into account.

compensation

The compensation must be specific to the norm addressee (only between burdens and burdens for the economy). If a department cannot provide any compensation options, it can ask other departments to take over the compensation, if necessary via the State Secretaries Committee on Bureaucracy Reduction. If burdens cannot be compensated immediately (time dimension), relief measures should be presented within one year. In principle, burdens should be reduced to the same extent (quantitative dimension).

Monitoring

Every six months, the ministries report to the State Secretaries Committee on Bureaucracy Reduction on progress and, if necessary, on the threat of missing targets.

Reporting

The federal government's obligation to report to the Bundestag also includes the content of the one-in-one-out rule.

Switzerland

In 2017, the Swiss National Council adopted a resolution that laws that are associated with considerable restrictions for private individuals or companies should be composed equally elsewhere.

Web links

• Federal government: red tape / conception of a one in, one out rule.

Individual evidence

1. ^ Federal Government: Bureaucracy brake / conception of a one in, one out rule. Retrieved December 2, 2016.
2. ↑ Colloquial formulations such as rent controls or electricity price controls .
3. ^ Critical: Authorities Spiegel : Reducing bureaucracy "One in, one out" in the criticism. ( Memento of the original from December 4, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. 
4. ^ Resolution of the Committee of State Secretaries to reduce bureaucracy on January 15, 2016.
5. ↑ T. Müller: Better tools for better law. In: Federal Government. Federal Government, May 2019, accessed on November 23, 2019 (German). 
6. ↑ § 2 Law for the establishment of a National Regulatory Control Council for Business.
7. ↑ Federal Statistical Office : Guidelines for determining and presenting the compliance costs in regulatory projects of the federal government. ( Memento of the original from December 4, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved December 2, 2016. 
8. ↑ Delete an old one for each new law , in: NZZ , June 10, 2017, p. 31