Legal formality
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. "
There are numerous regulations in the manual mentioned
- for citation
- on the use of abbreviations
- for handling references
- Writing numbers , fractions , amounts of money
- Typographic
- Legally sensitive matter such as appropriate use of language and words in the context of
- Tribe and amendment laws
- Ordinances
- European law
- international agreements .
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
-
Federal Ministry of Justice (Hrsg.): Handbuch der Rechtsformlichkeit . 3. Edition. Bundesanzeiger , Cologne 2008, ISBN 978-3-89817-697-2 .
- Federal Gazette. Issued on October 22, 2008, Volume 60, No. 160a. (Free digital version of this issue here ; last accessed on July 7, 2016)
- The text has also been translated into seven other languages (Chinese, English, Polish, Romanian, Russian, Serbian and Turkish). The translations are available for download on the homepage of the Federal Ministry of Justice and Consumer Protection (last accessed on July 7, 2016).
- Hildebert Kirchner : List of abbreviations in the legal language . 6th edition. De Gruyter Recht, Berlin 2008, ISBN 978-3-89949-335-1 .
- Anton Schäfer : Abbreviations, terms, suggested citation (acronyms - international introduction and extensive collection of abbreviations) . 1st edition. Verlag Österreich , Vienna 2008, ISBN 978-3-7046-5112-9 .
- Tonio Walter : A little style study for lawyers . 2nd Edition. Beck Verlag , Munich 2009, ISBN 978-3-406-59190-7 .
- Tonio Walter : Language and style in legal texts in JR . 2007, p. 61-65 .
- Uwe Wesel : Almost everything that is right. Law for non-lawyers . 8th edition. Eichborn Verlag , Frankfurt am Main 2007, ISBN 978-3-8218-4749-8 .
- Marina Brambilla, Joachim Gerdes, Chiara Messina (eds.): Diatopic variation in German legal language . Frank & Timme, Berlin 2013, ISBN 978-3-86596-447-2 ( limited preview in Google book search).
- historical: Harald Kindermann : Ministerial guidelines for legal engineering. Comparative study of the regulations in the Federal Republic of Germany, Austria and Switzerland . Springer-Verlag, Berlin 1979 ( limited preview in the Google book search).
Web links
- Legal formality manual
- Hanjo Hamann: www.legistik.de (materials on German legislative theory)
Individual evidence
- ↑ Handbook of legal formalities , paragraph 8 (3rd edition 2008). Retrieved November 1, 2019.
- ↑ Guidelines for the drafting of legal provisions (RedR, 2015)
- ↑ Joint rules of procedure for the ministries of North Rhine-Westphalia (GGO, 2014)
- ^ Constitutional Service: E-Law and Legislative Guidelines
- ↑ Lower Austria: Legislative Guidelines (2015)
- ↑ Styria: Legistisches Manual (2005 ff.)
- ↑ Vorarlberg: Legislative Guidelines (2009)
- ↑ Legal technical guidelines of the federal government (GTR) , edition 2013 = Directives sur la technique législative = Direttive di tecnica legislativa (DTL)
- ↑ ius.uzh.ch: Guidelines for the regulation of the cantons
- ↑ Example City of Zurich: Guidelines for Legislation (2015)
- ^ Legal Service of the Government (RDR) - Legistics
- ^ Autonomous Province of Bolzano - South Tyrol, legal area
- ↑ Central Service for German Translations (ZDDÜ)
- ↑ European Commission, Legal Service, Team “Quality of Legislation”
- ↑ Common guide for people who are involved in the drafting of legal texts of the European Union (2nd edition 2015)
- ↑ Joint handbook for drafting legal acts in the ordinary legislative procedure (2018)
- ↑ Handbook of Legal Formality (2008), Rn. 196 and 374 (until 2008 paragraph was abbreviated as "Paragraph" and number as "No.")
- ↑ Handbook of Legislative Techniques, Part 1: Legislative Guidelines 1990 , Guidelines 113 and 137
- ^ Federal legal guidelines (2013), margin no. 70 and 98 (structural units written out in the running text, abbreviated in brackets and footnotes)
- ↑ Legislative Guidelines (1990), Art. 48
- ↑ Common Guide (2015), Number 15.4
- ↑ Editorial guidelines (2015), No. 2.6
- ↑ Camera dei deputati : Regole e raccomandazioni sulla formulazione tecnica dei testi legislativi (CIRC / PC / 1/2001)
- ↑ Zasad techniki prawodawczej (ZTP), Dz.U. 2016 poz. 283