Future Investment Act
|Title:||Law for the implementation
of future investments
by municipalities and states
|Short title:||Future Investment Act|
|Scope:||Federal Republic of Germany|
|Legal matter:||Financial constitution law , economic administration law|
|Issued on:||March 2, 2009
( Federal Law Gazette I pp. 416, 428 )
|Entry into force on:||March 6, 2009|
|Last change by:||
BVerfGE of 7 September 2010
- 2 BvF 1/09 - ( BGBl. I p. 1401 )
|Effective date of the
|September 7, 2010
(Section 31 (2 ) BVerfGG)
|Please note the note on the applicable legal version.|
The Future Investment Act (ZuInvG) is a legal instrument for the implementation of the Economic Stimulus Package II passed in January and February 2009 . The ZuInvG was promulgated on March 5, 2009 as Article 7 of the Law on Securing Employment and Stability in Germany of March 2, 2009 ( Federal Law Gazette I p. 416 ).
The basic “funding objective” of the ZuInVG is to ward off disturbances in the overall economic equilibrium in the Federal Republic of Germany . For this, the grants covenant the countries from a special fund that the law establishing a fund "Investment and Redemption Fund" (ITFG) of 2 March 2009 ( Federal Law Gazette I, p. 416, 417 ) was established, " grants significant for particularly Investments by the federal states and municipalities (associations of municipalities ) in accordance with Article 104b of the Basic Law totaling 10 billion euros ”(Section 1 (1) ZuInvG).
According to Section 1, Paragraph 3 of the ZuInvG, the funds should "be used primarily for municipal investments ". The federal states are called upon to “ensure that financially weak municipalities also have access to the financial aid”. The funds are distributed among the federal states according to the percentages set out in § 2 ZuInvG, which are based on the population of each federal state. With over 21%, the largest share is attributable to the most populous state of North Rhine-Westphalia , the smallest share with approx. 0.88% to the least populous state of Bremen .
“Investments with a focus on educational infrastructure ” and “Investments with a focus on infrastructure ” are identified as specific “funding areas” (Section 3 ZuInVG).
The "eligibility period" means that investments that were started between January 27, 2009 and December 31, 2010 can be funded; However, under certain conditions, projects started before January 27, 2009 are eligible for funding (Section 5 ZuInvG). In 2011, financial aid is only to be used for investment projects “that were started before December 31, 2010 and for which an independent section of the investment project will be completed in 2011” (Section 5 ZuInvG). “After December 31, 2011, federal funds may no longer be ordered for disbursement” (Section 7 (2) ZuInvG). In addition, the federal government has the right to reclaim its financial aid, including interest, which is subject to certain conditions, vis-à-vis a state (Section 7 (1) ZuInvG).
- Ralf E. Geiling: Compass economic aid. Who gets what, when, where? German Economic Service, Cologne 2009, ISBN 978-3-87156-630-1 , pp. 57-76.
- Hans-Günter Henneke : Art. 104b and Future Investment Act . In: The district. Magazine for local self-government . Vol. 79, H. 4-5, 2009, ISSN 0342-2259 , pp. 167-171.