Planning law

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Spatial planning and building law
Budget cycle using the example of the federal budget

Planning Law is such a right, whose character is not - - as usual with legal norms conditionally , but final is. In other words, planning law does not establish if-then rules for application to an indefinite number of cases, but is success-oriented. Particularly noteworthy here are the specialist planning and building planning law and budget law .

Forms of action of planning law

However, the plan does not represent its own form of action; Rather, it is to be qualified as a formal law (such as the budget ), statutory ordinance (such as a regional plan ) , statute ( development plan ) or an administrative act ( plan approval decision ).

Distribution of competencies

If a certain planning right cannot be clearly assigned to either the legislature or the executive , the executive is responsible for preparing the plan . As long as it is not a matter of the government's “core areas of executive responsibility”, parliament can also decide on fundamental questions itself.

An example of this is budget law. Budgetary planning cannot be clearly assigned to either the executive or the legislature. In addition to budget implementation, planning preparation, here drawing up the budget and introducing it into the legislative process ( budget initiative ), is the responsibility of the executive, while the establishment of the budget ( budget sovereignty ) is the responsibility of the legislature.

literature

  • Klaus Grupp: Budget Law . In: Norbert Achterberg, Günter Püttner, Thomas Würtenberger (eds.): Special administrative law. A teaching and manual . Vol. II: Municipal, budget, tax, regulatory, social and service law , 2nd edition, Heidelberg 2000, § 19. ISBN 3-8114-2045-3 .
  • Hartmut Maurer , General Administrative Law , 16th edition, § 16.
  • VVDStRL 18 (1960): The plan as an administrative law institute.
  • Thiago Marrara: Planning law conflicts in federal states. A comparative law study using the example of spatial planning in Germany and Brazil . Publishing house Dr. Kovac, Hamburg 2009, ISBN 978-3-8300-4685-1 .

Individual evidence

  1. ↑ BVerfGE 95, 1 (16) , decision of the Second Senate of July 17, 1996, Az. 2 BvF 2/93 - Stendal southern bypass.