Independent regulation

The independent ordinance is an ordinance that is based directly on a constitutional basis and can therefore be issued without a simple statutory authorization (hence also "constitutionally direct ordinance". In contrast to this: implementing ordinance or executive ordinance).

Insofar as such an independent ordinance may be issued in accordance with the relevant constitutional provisions, it must not violate the constitution itself or applicable laws, provided that no exceptions are provided in this regard ( law-amending ordinances ).

Independent ordinances are designed in the form of generally binding ordinances (statutory ordinances) or as administrative ordinances (only binding the administrative bodies to which they are addressed). Example: In Austria and Liechtenstein, independent ordinances are permitted both as statutory ordinances and administrative ordinances.

to form

It is used in the independent ordinances in

distinguished.

References

↑ BGE 103 IV 192, E. 2a: An enforcement ordinance must not go beyond the framework defined by the law. The enforcement ordinance has the function of specifying provisions of the law, filling real gaps if necessary and, if necessary, determining the applicable procedure. The Execution Ordinance therefore does not contain any new provisions that extend the scope of a law and limit the rights of those subject to the norm or impose obligations on them.

[1] BGE 103 IV 192, E. 2a: An enforcement ordinance must not go beyond the framework defined by the law. The enforcement ordinance has the function of specifying provisions of the law, filling real gaps if necessary and, if necessary, determining the applicable procedure. The Execution Ordinance therefore does not contain any new provisions that extend the scope of a law and limit the rights of those subject to the norm or impose obligations on them.