In the German-language countries a regulation is a legal rule, which will usually issue by a government or an administration office. The conditions for the decree of a regulation and the extent its that permissible-proves a regulation regulate may, differ between Germany, Austria and Switzerland.

Besides stands the term of the regulation also for a certain form of legal instruments of the EEC, for such legal rules, which apply directly (i.e. without further conversion, approximately by the member states) to and against everyone.

Germany

A regulation always needs a regulation authorization in a law. Author of a regulation is not the parliament, but the executive; therefore one speaks when regulations also of executive right. During the under-legal standard setting the Wesentlichkeitstheorie is to be considered.

A regulation is "“law in the material sense"”, since it justifies rights and obligations just like a law opposite everyone, thus as it were for everyone "“applies"”. It is not however "“law in the formal sense"”, since it was not discharged in a formal legislative procedure of the German Bundestag (however possibly of the Upper House of Parliament) advised and.

Regulations due to an authorization in the Federal Law

To the decree of regulations a Federal law can authorize the Federal Government, a Federal Ministry or the federal state governments according to the article 80 exp. 1 of the Basic Law in principle only. These places know the authorization to the decree transported further by regulations also, which presupposes however that this transporting further is intended in the Federal law, which contains the original authorization; besides the transmission must take place via a statutory order.

The agreement of the Upper House of Parliament regulations or a Federal Ministry require the Federal Government

• to certain, topics and regulations specified in article 80 exp. 2 of the Basic Law,
• due to of Federals law, which require the agreement of the Upper House of Parliament, or
• of the countries as own affair or on behalf the federation to be implemented (that is in practice the majority of the regulations of the federation).

However the Basic Law contains an opening clause for other legal regulations, so that also deviating from this basic rule in need of agreementness of the Upper House of Parliament in the law can be arranged or excluded.

Regulations after federal state law

In most German countries the requirements are less strict to the certainty of the authorization basis, and the circle of the authorities, which can be authorized to the decree by regulations, is less closely certain than in the federation. So authorized about "§ 27 exp. 1 of the order authority law (OBG) of the country North Rhine-Westphalia the order authorities generally to issue regulations "“to the protection from dangers for public security or order"” whereby "§ the very generally regulates 27 OBG between over and subordinate order authorities.

Law or

Whether a legal rule stands in a law or in a regulation, has often (only) practical reasons. A parliamentary legislative procedure nearly always takes several months - sometimes still longer -, while regulations will usually somewhat faster issue can. Therefore it is in many ranges usual practice that the legislator does not regulate detail - above all technical kind and such of the administrative execution -, but the administration authorizes to do this in a statutory order.

That is on the one hand quite reasonable, because the capacities of the parliament are limited and it cannot everything regulate and to the constantly changing conditions adapt; besides the specialized authority is to be found rather in a Ministry, as in the parliament in many technical questions. On the other hand a regulation authorization means always also to transfer power to the executive. This reconciliation between the legislations and the executives force is to be guaranteed by kind 80 exp. 1 set of the Basic Law, that required that a law, which authorizes a federal authority to the decree of a regulation must specify contents, purpose and extent of the authorization. The legislator is forced to describe the borders exactly to set within those it the power, right to the executive leaves.

The abbreviation for a regulation is VO. In acronyms only "“V"” stands at the end of the acronym for "“regulation"”, e.g. in LMHV (food hygiene regulation); Abbreviations like "“DVXyG"” for "“implementation regulation for the XY law"” are not no more used, in order to arrange the distinction clearer between laws and regulations.

Articles in category "Regulation"

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