Legal formality

from Wikipedia, the free encyclopedia

The legal technicality or Legisprudence is the study and regulation of the formal design and management of legislation .

Germany

“The examination by the Federal Ministry of Justice is a legal examination. With a view to the entire legal system, it primarily relates to the regulatory system and the form of regulation of the respective legislative project. "

- Manual of legal formality

There are numerous regulations in the manual mentioned

Many federal states also have their own regulations, e.g. B. in Bavaria the editorial guidelines and in North Rhine-Westphalia the special regulations in the joint rules of procedure (GGO) and especially in the annexes to these.

Austria

In Austria, the Constitutional Service (Section V of the Federal Chancellery ) is responsible for the development and further development of the legal guidelines. In the individual federal ministries there is a separate department or section for the development of legal texts (ministerial drafts), for example Section III (Law) Legistics in the Ministry of the Interior .

The Constitutional Service provides the currently valid provisions in the field of legislative technology on the Internet on the Constitutional Service's homepage. During the review process, the constitutional service often expresses concerns of a legal nature.

The federal states of Lower Austria, Styria and Vorarlberg have their own regulations.

Switzerland

In Switzerland, the law section of the Federal Chancellery is responsible. The federal legal guidelines as well as guidelines of the cantons and municipal bodies apply .

Liechtenstein

The Government's Legal Service reviews draft legislation and in 1990 developed Legislative Guidelines .

Other German-speaking areas

South-Tirol

In South Tyrol, the responsibility lies with the Office for Legal and Legislative Matters of the State Parliament and with the state lawyers. There are legal guidelines published in the Director General's circular dated January 2, 1997.

East Belgium

The Central Service for German Translations (ZDDÜ) in Malmedy creates German translations of Belgian laws and provides the trilingual terminology database Semamdy .

European Union

In the European Union , the legal service of the European Commission , “Legislative Quality” team, is responsible. A common guideline for persons involved in the drafting of legal texts of the European Union serves as an interinstitutional regulation , which is specified in a joint manual for the drafting of legal acts in the ordinary legislative procedure .

Structure and citation of a typical legal act

Germany Austria Switzerland, Liechtenstein EU
structure Quote structure Quote structure Quote structure Quote
§ 1 § 1 § 1 § 1 Art. 1 Article 1 (Art. 1) article 1 article 1
(1) Paragraph 1 (1) Paragraph 1 ¹ Paragraph 1 (Paragraph 1) (1) Paragraph 1
Sentence 1 1. Z 1 a. Letter a (letter a) a) letter a
1. number 1 a) lit. a 1. Section 1 (Section 1) 1. number 1
a) letter a aa) sublit. aa - first line i) Item i

The regulations of sub-national units (federal states, cantons) may differ. In Bavaria, for example, main laws are divided into articles , and several sentences in a paragraph are indicated by prefixed and superscripted numbers. Conversely, in some Swiss cantons ( AG , BL , BS , LU , SZ , SO , TG , ZG , ZH ), paragraphs are usually used.

Other countries

There are also corresponding rules for drafting legal provisions in other countries, for example in Italy and Poland .

See also

literature

Web links

Individual evidence

  1. ↑ Handbook of legal formalities , paragraph 8 (3rd edition 2008). Retrieved November 1, 2019.
  2. ↑ Guidelines for the drafting of legal provisions (RedR, 2015)
  3. ↑ Joint rules of procedure for the ministries of North Rhine-Westphalia (GGO, 2014)
  4. ^ Constitutional Service: E-Law and Legislative Guidelines
  5. ↑ Lower Austria: Legislative Guidelines (2015)
  6. ↑ Styria: Legistisches Manual (2005 ff.)
  7. ↑ Vorarlberg: Legislative Guidelines (2009)
  8. ↑ Legal technical guidelines of the federal government (GTR) , edition 2013 = Directives sur la technique législative = Direttive di tecnica legislativa (DTL)
  9. ↑ ius.uzh.ch: Guidelines for the regulation of the cantons
  10. ↑ Example City of Zurich: Guidelines for Legislation (2015)
  11. ^ Legal Service of the Government (RDR) - Legistics
  12. ^ Autonomous Province of Bolzano - South Tyrol, legal area
  13. ↑ Central Service for German Translations (ZDDÜ)
  14. ↑ European Commission, Legal Service, Team “Quality of Legislation”
  15. ↑ Common guide for people who are involved in the drafting of legal texts of the European Union (2nd edition 2015)
  16. ↑ Joint handbook for drafting legal acts in the ordinary legislative procedure (2018)
  17. ↑ Handbook of Legal Formality (2008), Rn. 196 and 374 (until 2008 paragraph was abbreviated as "Paragraph" and number as "No.")
  18. ↑ Handbook of Legislative Techniques, Part 1: Legislative Guidelines 1990 , Guidelines 113 and 137
  19. ^ Federal legal guidelines (2013), margin no. 70 and 98 (structural units written out in the running text, abbreviated in brackets and footnotes)
  20. ↑ Legislative Guidelines (1990), Art. 48
  21. ↑ Common Guide (2015), Number 15.4
  22. ↑ Editorial guidelines (2015), No. 2.6
  23. ↑ Camera dei deputati : Regole e raccomandazioni sulla formulazione tecnica dei testi legislativi (CIRC / PC / 1/2001)
  24. ↑ Zasad techniki prawodawczej (ZTP), Dz.U. 2016 poz. 283