Cross-sectional matter

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Under a cross-cutting is understood in the law an article which is processed by several quite sciences. This corresponds possibly in public law several facts competence in the law and in the execution of laws by the public administration , and various courts and jurisdictions for disputes arising from the relevant field responsible be. Sometimes one speaks of a “complex matter” because there is no uniform legal regulation here.

definition

A field of law that presents itself as a cross-sectional matter unites several classic subjects under a uniform point of view. Cross-cutting issues are often “difficult to delimit” and “dovetailed with other legal matters in many ways”; they are themselves defined by the problem or by their specific perspective on the subject.

Examples

Typical examples of cross-cutting issues are the Commercial Law , the Social Security Law , the Media Law , the Family Law , the Environmental Law , the Law Library , the senior law or the rules on the Treasury.

The practical consequences of the existence of a cross-sectional matter can be illustrated using consumer law , for example . Under this heading, regulations from very different areas of law and areas of life are summarized. The concept of the consumer has been under European law in a number of guidelines and by the case law of the European Court defined. This definition has been implemented in German law in § 13  BGB. It applies not only to the civil law of the BGB , but also to a large number of other private and procedural laws. From private law , these are in particular the purchase of consumer goods , travel contracts and door-to-door sales as well as distance sales contracts . Also the social tenancy matters in a broader sense to do so. The Federal Labor Court also treated the employment contract and a course agreement between the employee and employer as a consumer contract. This is why consumer protection is also important for labor law . There are also regulations for insolvency proceedings and for the application of general terms and conditions that apply specifically to consumers and  protect them due to their typical situation in relation to the entrepreneur ( Section 14 BGB). From the area of public law , for example, food law and pharmaceutical law , which also contain consumer protection regulations, should be considered. These are each separate legal areas that are regulated individually. From this it can be seen that "consumer law" is a very heterogeneously composed matter, comprising legal norms from very different areas of law, which are contained in different laws and which here only under the overarching point of view that they all apply to "consumers", under this term be summarized.

A more recent development is transnational criminal law, which is also described in literature as a cross-sectional matter. This includes "regulations in international treaties and conventions with which states coordinate their criminal law policy and harmonize their law without transferring the criminal power to a supranational institution." The field outlined is not firmly circumscribed, but in flux. It depends on cross-border leeway and activities that lead to criminal acts as a result of the mobility of the perpetrators or of goods and data taking place in spaces which, from a social point of view, describe a unit, but which are subject to multiple punitive powers.

Problems

Cross-cutting issues can be problematic because the lack of comprehensive competence of a legislature, the implementing authorities or the courts can result in loopholes and doubts as to responsibility for the area of ​​life concerned.

Individual evidence

  1. ^ A b Walter Berka : Textbook Constitutional Law: Fundamentals of Austrian Constitutional Law for Legal Studies . 2nd edition. Springer-Verlag. Vienna. 2008. ISBN 978-3211094334 Rn. 423 (viewed at Google Books on April 20, 2012).
  2. ^ A b Josef Isensee: State assets. In the S. and Paul Kirchhof. Handbook of Constitutional Law of the Federal Republic of Germany. Volume V. 2nd edition CF Müller Verlag. Heidelberg. 2007. ISBN 978-3811455221 . Section 122 marginal no. 65 (accessed on Google Books on April 21, 2012).
  3. ↑ a b Jens Petersen: Media Law . CH Beck publishing house. Munich. 2003. Rn. 1: "Media law is typically seen as a cross-sectional area and in this respect is not dissimilar to tax and environmental law."
  4. ^ A b Eckhard Rehbinder: Environmental Law . In: Hans Meyer, Michael Stolleis (Ed.): Constitutional and administrative law for Hesse . 4th edition 1996. Nomos Verlagsgesellschaft. Baden-Baden. P. 404.
  5. ^ Stephan Rixen: Social law as public commercial law: Using the example of the service provider law of the statutory health insurance . Mohr Siebeck. Tübingen. 2005. ISBN 978-3161485732 . P. 32 fn. 183 (accessed on Google Books on April 20, 2012).
  6. ^ Hans F. Zacher: Introduction to the social law of the Federal Republic of Germany . CF Müller Juristischer Verlag, Heidelberg 1983, ISBN 3-8114-5282-7 , p. 12 ff . (including areas of law that have a “social relevance”, so-called “social law”).
  7. ↑ Ronald Richter, Gudrun Doering-Striening (Ed.): Senior Citizens' Law in Legal and Notarial Practice . 2nd Edition. Nomos Verlag, Baden-Baden 2011, ISBN 978-3-8329-5660-8 , pp. 5 .
  8. ↑ Othmar Jauernig. In: ders. BGB. 11th, revised edition. Munich. 2004. ISBN 3-406-51820-6 . § 13 BGB marg. 2 (overview).
  9. ^ Helmut Heinrichs, Jürgen Ellenberger. In: Palandt . BGB. 67th edition, Munich. 2008. ISBN 978-3-406-565915 . § 13 BGB marg. 7th
  10. ↑ On the residential rental contract as a consumer contract: Hubert Blank. In: Schmidt-Futterer. Tenancy law . 9th, revised edition. Munich. 2007. CH Beck. ISBN 978-3-406-54700-3 . Before § 535 BGB Rn. 55ff.
  11. ↑ Federal Labor Court. Judgment of May 25, 2005 - 5 AZR 572/04 - BAGE 115, 19.
  12. ↑ Federal Labor Court. Judgment of January 19, 2011 - 3 AZR 621/08 - Rn. 30 to an agreement on the reimbursement of training or further training costs in the event that the employer leaves the employment relationship at his own request or through his own fault before completing the training.
  13. ↑ Michael Kubiciel: Transnational Criminal Law and International State Policy . In: Rechtsgeschichte - Legal History . tape 2018 , no. 26 , 2018, p. 372-374, 372 f ., doi : 10.12946 / rg26 / 372-374 ( mpg.de [accessed on November 1, 2019]).