Enforcement deficit

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There is a deficit in enforcement if a legal norm is not or only insufficiently implemented in practice (in administrative enforcement ).

There are two cases:

  • Actual enforcement deficit : The administration foregoes full implementation for reasons of cost, a lack of staff or political obstacles. There is a de facto enforcement deficit, for example, in data protection law or in tax law for company audits.
  • Structural enforcement deficit : This is the case if the lack of enforceability is already laid down in the law, for example because the necessary data collection fails due to legal regulations, enforcement is not carried out for political reasons or a regulation is only symbolic. A structural deficit in enforcement can lead to the unconstitutionality of an otherwise constitutional regulation if, for example, the principle of equality is violated by the deficit in enforcement . According to the case law of the Federal Constitutional Court, this was the case in Germany when speculation tax was levied in 1997 and 1998. A possible unconstitutionality due to a violation of the principle of equality was also discussed publicly in connection with the conscription practice of the Bundeswehr .

See also

literature

  • Eberhard Bohne : The informal constitutional state , 1981. ISBN 3-428-05032-0
  • Eberhard Bohne (Ed.): Experiences with the Environmental Audit Act: Lectures and contributions to discussions at the forum of the German University of Administrative Sciences, Speyer, on April 29 and 30, 1997 , Baden-Baden 1998. ISBN 3-7890-5531-X
  • Renate Mayntz (ed.): Enforcement problems of environmental policy: empirical investigation of the implementation of laws in the field of air pollution control and water protection , Stuttgart, Berlin, Cologne, Mainz 1978. ISBN 3-17-003144-9
  • Stephan Meyer : Structural enforcement deficits as a violation of equality. Deficits and current changes in the case law of the Federal Constitutional Court , in: DÖV 2005, pp. 551 to 559.

Individual evidence

  1. ↑ Thorben Burghardt, Klemens Böhm, Erik Buchmann, Jürgen Kühling, Anastasios Sivridis: A Study on the Lack of Enforcement of Data Protection Acts , in: Proceedings of the 3rd int. Conference on e-democracy, Athens, 2009. (PDF, 125 KB)
  2. ↑ Jürgen Kühling, Anastasios Sivridis, Mathis Schwuchow, Thorben Burghardt: The data protection enforcement deficit in the field of telemedia - a horror report, in: Data protection and data security - DuD, Volume 33, Number 6 / June 2009, 335-342
  3. ↑ Klaus-Dieter Drüen : Corporate auditing in the federal state , in: StuW 2007, p. 112 (117 f.).