Authorization to issue ordinances

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A statutory authorization is a provision in a law , which the government ( executive , allows) Regulations be adopted without the Parliament ( legislative ) to question. Otherwise, all changes would have to be passed by law through the parliaments.

The authority to issue ordinances is restricted because, on the one hand, parliament gives up sovereignty to the government, but on the other hand, it does not want to be questioned about all the intricacies of the legislation .

According to Article 80 of the Basic Law and the corresponding provisions in the constitutions of the federal states, a regulation may not simply be passed at will or according to political opportunity ; rather, the issuing body needs to be authorized by a law passed by parliament. The law must determine the “content, purpose and extent” of the ordinance ( Art. 80 (1) GG). This is to ensure, in accordance with the principle of democracy , that the essential decisions are made by the legislature, legitimized by election, itself.

However, there are also authorizations to issue ordinances which stipulate that a ordinance must be approved by Parliament in order to be effective. However, such a procedure is questionable because it removes the procedural advantages of regulation by regulation; the procedure is similar to a legislative procedure , with the only difference that parliament has no right of initiative .

Fast track

As part of special measures relating to the COVID-19 pandemic in Germany , a statutory authorization was envisaged on March 12, 2020 with Section 11 of the “Draft Law on the Temporary Crisis-Related Improvement of the Regulations for Short-Time Work Benefit ”, which came into force the following day.

For the first time in the history of the Federal Republic of Germany, a law was discussed in a single session of the Bundestag in the first, second and third reading and approved by the Bundesrat on the same day. All votes were unanimous with no abstentions. The law authorizes the federal government to take certain immediate measures (short-time work allowance) by means of an ordinance.

Examples

Regulations are always used for special technical issues.

Examples:

See also

literature

  • Wilhelm Mößle: content, purpose and extent. On the constitutional history of the authorization to issue ordinances . Duncker & Humblot, Berlin 1990, ISBN 3-428-06766-5 .
  • Karl-Peter Sommermann : Authorization to issue ordinances and the principle of democracy. Constitutional limits of parliamentary change reservations . In: JZ . 52nd Vol. 1, 1997, pp. 434-441.

Individual evidence

  1. ↑ a b Draft law of the parliamentary groups of the CDU / CSU and SPD - Draft of a law for the limited, crisis-related improvement of the regulations for short-time working allowance. (PDF, 559 KB) Printed matter 19/17893. German Bundestag, March 12, 2020, accessed on March 23, 2020 .
  2. ↑ Corona crisis - Bundestag decides to ease short-time work benefits. In: Der Spiegel . March 13, 2020, accessed March 23, 2020 .
  3. ↑ 153rd session of the Bundestag, February 13, 2020