Legal policy

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With rights policy in a broad general sense which is legislative work in the policy meant. This primarily involves the drafting and drafting of legal norms . It can be the creation of completely new regulations or the amendment of existing ones. In addition to laws in the formal sense , lower-level legal provisions such as ordinances or statutes can also be created. For legislation, drafts for new legal texts are usually drafted in the ministries and introduced by the government as bills for consultation and decision-making in parliamentary work. Unless legal policy in the narrower sense is involved, the responsible ministry (such as the Ministry of Labor, Education or the Environment) is responsible and not the Ministry of Justice. The Ministry of Justice is usually involved through inter-ministerial working groups because of the impact of new legislation. Legal policy is therefore a cross-cutting policy area .

Legal Policy in Germany

Federal legal policy

In a narrower sense, legal policy in Germany means legislation in civil law (civil law), in criminal law (including the law on execution of sentences), in general administrative law and in the respective provisions of procedural law . In addition, the organization of the courts and the administration of justice are assigned to legal policy in the narrower sense. Constitutional legislation is a particularly important area of ​​legal policy .

Legal policy of the countries

In Germany , legal policy at the federal level is implemented by the Federal Ministry of Justice . The same applies to the justice ministries of the federal states. Especially at the state level, the focus of legal policy is not on material legislation, but on the administration of the penal institutions and the organization of the courts (especially the number, seat and equipment of the local courts). Legislative competences (statutes, ordinances, but not laws in the formal sense) exist at the municipal level, but these are not assigned to the area of ​​legal policy. Legal policy is not only pursued by the respective ministers of justice, but also by the judicial politicians of the parliamentary groups in the respective legal committee of the parliaments. The parties also often have their own sub-organizations in which the parties' legal policy is prepared. In the CDU, this is the Federal Working Group of Christian Democratic Jurists (BACDJ) and the respective state working groups (LACDJ), which are largely congruent with the federal states. In the SPD, it is the Working Group of Social Democratic Lawyers (ASJ) that maintains subdivisions down to the local level.

Professional and professional law

Legal policy also includes training, professional ethics and professional law for lawyers and notaries . For example, the Fachanwaltsordnung (FAO) is passed by the constitutional assembly of the Federal Bar Association (BRAK), which then requires the approval of the Minister of Justice.

Legal policy in Switzerland

In Switzerland , the term is used somewhat differently: It refers to the generation of those legal norms that relate to justice and jurisprudence in the narrower sense, i.e. civil law , administrative law , criminal law , the administration of justice and, in the area of ​​constitutional law , fundamental rights .


See also