Sanction norm
A sanction norm (from the Latin sanctio ), also known as a criminal provision , is a secondary legal norm from which the legal consequences of violating a primary behavioral norm result.
In general legal doctrine, a sanction also means an act of law-making, which is intended to confirm and guarantee the validity of a legal principle, like the pragmatic sanction in Roman law or the pragmatic sanction of Emperor Charles VI.
In international law , a sanction denotes a coercive measure against a subject under international law , in particular to enforce resolutions of the UN Security Council through economic sanctions . In 2000 there were EU sanctions against Austria at the diplomatic level. The specific sanctions usually result from sanction lists in individual cases .
There are sanction norms in German civil, criminal and public law.
civil right
The claim of the creditor to a particular performance is in civil law the obligation of the debtor over to supply the outstanding performance. For example, in the case of a sales contract according to Section 433 (2) BGB, the buyer is obliged to accept and pay for the purchased item. If the debtor does not perform, the obligee can bring about his judicial conviction to perform. Failure to perform by the buyer will be sanctioned by the latter being sentenced to pay.
A culpable breach of duty obliges to pay damages .
Criminal law
A penalty or fine regulation sanctions accusable human behavior with a penalty or a fine . Criminal offenses and fines are subject to special requirements for definiteness ( Art. 103 (2) GG).
Public law
In the area of public administration , the violation of legal obligations to cooperate ( Section 26 (2) sentence 1 VwVfG) leads to different sanctions. In tax law , for non-compliance z. B. the tax bases are estimated ( § 162 AO) or there is even an administrative offense or criminal offense ( tax evasion , § 370 AO). If the person concerned does not comply with his obligation to cooperate in social benefit law, the requested benefit can be refused or withdrawn under certain conditions ( Section 66 SGB I). The sanctions in the basic security for job seekers ( § 31 ff. SGB II) have been politically controversial since their introduction in 2005.
Web links
- Ernst-Joachim Lampe : Norms of behavior and sanction norms (without year)
- Ivo Appel : Constitution and Punishment. On the constitutional limits of state punishment. Writings on Public Law Vol. 765, Berlin, 1998
Individual evidence
- ↑ Reinhold Zippelius : Legal methodology . Munich, 11th edition 2012
- ^ Carl Creifelds: Legal dictionary . 21st edition 2014. ISBN 978-3-406-63871-8
- ↑ BVerfG, decision of November 17, 2009 - 1 BvR 2717/08
- ^ Friedrich-Ebert-Stiftung : Sanctions in SGB II. Constitutional legitimacy, economic impact research and options for action 2014
- ↑ Dispute over SGB II sanctions, press release June 29, 2015, bundestag.de
