Regulation density

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The density of regulation is the degree to which a matter requires legal regulation, especially when issuing statutory ordinances and statutes .

The Federal Constitutional Court has the requirements for the legal regulation density from the constitutional principle of certainty derived and formulated in the case law, the regulation density is higher, the more intense with a provision in the fundamental rights 'll intervention of the person concerned. This applies both to the authorization to issue ordinances or the articles of association and to the ordinance and the articles of association themselves.

Conversely, this corresponds to the requirement of sufficient control by the courts; this, too, must correspond to the intensity of the encroachment on fundamental rights caused by the statutory provision (Art. 19 IV GG).

When autonomous statutes are adopted, the rule of law requires a sufficient density of regulations to conflict with the purpose of delegating legislative power to the corporation or institution concerned, which consists in activating their expertise for legislating in their own affairs, for which they require a certain amount of freedom.

Individual evidence

  1. See fundamentally on the enactment of autonomous statutes: BVerfGE 33, 125, 158f. - Specialist.
  2. Fritz Ossenbühl. In: HbStR III. Section 62 marginal no. 42.
  3. ^ Hans D. Jarass, in: Jarass / Pieroth. GG. 7th edition 2004. Art. 19 GG Rn. 47 mwN
  4. BVerfGE 33, 125, 159f. - Specialist.