Escape from the law

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Escape from the law is a legal term that generally describes the evasion of legal consequences by those to whom they apply.

In the German dictionary by Jakob and Wilhelm Grimm from 1854, legal flight is defined as "flight in which a defendant evades legal proceedings". In older sources legal volatility or the adjective right (s) volatile also stand for prosecution or generally evade responsibility .

In the present, certain tactical behavior in civil litigation is referred to as a flight into default .

If the state fulfills tasks of performance management in the form of private law, for example, operates a public institution such as Stadtwerke in the form of a GmbH and concludes supply contracts under private law with the users, it nevertheless remains bound by the central principles of public law such as basic rights , responsibilities, constitutional law Administrative principles such as the principle of proportionality , discretion or the protection of legitimate expectations . When acting under private administrative law, the state may not “escape” from public law ties into private law and in all cases remains under private law administrative action in accordance with Article 1 (3) of the Basic Law to the basic rights, in particular to the principle of equality in Article 3 (1) of the Basic Law bound ( fiscal application of fundamental rights ).

The freedom of establishment within the European Union enables companies to set up in an EU country of their choice. This sometimes leads to companies "fleeing" from local, supposedly disadvantageous (tax) legal regulations abroad. The European freedom of establishment and international globalization also pose new challenges for cross-border labor and collective bargaining policies.

In the interests of consumer protection , the choice of law is restricted for contracts with a foreign element.

See also

Individual evidence

  1. ↑ Flight from the law. In: Jacob Grimm , Wilhelm Grimm (Hrsg.): German dictionary . tape 14 : R - skewness - (VIII). S. Hirzel, Leipzig 1893 ( woerterbuchnetz.de ).
  2. ↑ for example BGH, NVwZ 2010, 531, 533 ff.
  3. ↑ Notaries are demanding hurdles for letterbox companies. EU directive: A stricter regulation is to come. Courier , April 16, 2013
  4. ↑ Wolfgang Lecher: Industrial Relations and Collective Bargaining Policy in Europe (PDF) In: GMH , 11/91, p. 700