Preliminary law

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A preliminary law is a law that contains provisional or preparatory regulations for a law to be passed later. Often, preliminary laws prepare major administrative reforms .

There is also the concept of the preliminary regulation as a sub-case of the repeal regulation . In some cases it is provided

“That a (provisional) ordinance can initially be issued without the participation of the Bundestag, but a literally corresponding second ordinance then (within a certain period) requires the approval of the Bundestag; with the new ordinance, the provisional ordinance is repealed ('Vorschaltverordnung' and 'Nachlaufverordnung'). "

Examples

One example was the law on the provisional regulation of the legal relationships of the Reich assets and the Prussian holdings of July 21, 1951, which was also known as the preliminary law . It met provisional regulations up to the entry into force of the Reich Property Law in 1961. Ernst Féaux de la Croix wrote in his explanations about the law: “It is ' upstream 'of the implementing laws for Art. 134/135 GG and is therefore called the' 'designated interim law. "In the official justification for the Empire asset-law is also the term Vorschaltgesetz used.

Another example is the preliminary law for the implementation of the Thuringia regional reform in 2018 and 2019 .

Individual evidence

  1. ^ Fritz Ossenbühl : Ordinance. In: Josef Isensee and Paul Kirchhof (eds.): Handbook of the constitutional law of the Federal Republic of Germany. Vol. V: Legal Sources, Organization, Finances. 3rd edition, C. F. Müller, Heidelberg 2007, ISBN 978-3-8114-5522-1 , pp. 261-302; Marg. 58.
  2. ↑ BGBl. 1951 I p. 467 .
  3. ↑ Explanations of the law on the provisional regulation of the legal relationships of the imperial property and the Prussian holdings, introduction, Das Deutsche Bundesrecht, 30th delivery, VII Z 61, Nomos, Baden-Baden, p. 6.
  4. ↑ Bundestag printed matter III / 2357 p. 9 under A III.
  5. ↑ preliminary law for the implementation of the Thuringia regional reform in 2018 and 2019 v. July 2, 2016 (Thür. GVBl. P. 242).