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Unification of Laws in the Federal System of Germany

  • Jürgen Adam
  • Christoph Möllers
Chapter
Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 28)

Abstract

In Germany, the central instrument for unification of the legal order is the federal power to regulate matters directly. The legislative powers of the federation (Bund) are considerable, and the Bund has made use of them extensively, resulting in a highly uniform legal order. Most matters subject to intense public discussion such as penal law, family law or labor law are federalized, with federal courts of last instance playing a key role in the development of the law through judicial interpretation. Legislative powers of the component states (Länder) are remaining mostly in the realm of administrative and somewhat technical law. However, the Länder are entrusted with the implementation of federal laws to a great extent. The executive branches of the Länder also have substantial political influence on the lawmaking process at the federal level, above all through their participation in the Bundesrat. Therefore, German federalism has been characterized quite to the point as an “executive federalism” or as a system of “vertical separation of powers”. A separate source of great – and steadily growing – influence on legal unification in Germany is the law of the European Union.

Keywords

Civil Service Component State Civil Code Criminal Procedure Federal Court 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Copyright information

© Springer Science+Business Media Dordrecht 2014

Authors and Affiliations

  1. 1.Justizministerium Baden-WürttembergStuttgartGermany
  2. 2.Juristische FakultätHumboldt-Universität zu BerlinBerlinGermany

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