Definition and Significance of the Amendement
The amendement (also: amendment) refers, in legal science, to a change or addition to an existing draft law, contract text, or parliamentary proposal. The word originally comes from French (“amendement” = improvement, change) and has become an established term in many legal systems and in the doctrine of legislation.
Primarily, the amendement is used in legislative procedures as well as in the drafting and amendment of international treaties, statutes, constitutions, and parliamentary motions. The purpose of an amendement is to specifically modify an existing text without having to rewrite the entire document.
Legal Classification and Systematics
The amendement is an instrument of political will-formation and legislation. Depending on the legal system and area of application, the prerequisites, admissibility, and effects of an amendement may differ.
Legislative Procedure
In parliamentary legislative procedures, the amendement allows for the amendment of a bill during various stages of deliberation. Most national parliaments and supranational organizations (such as the European Parliament) have codified rules for the submission, discussion, voting, and adoption of amendements.
Admissibility
Amendements can generally be introduced by members of parliament, parliamentary groups, or certain committees. Admissibility is often restricted by rules of procedure, for example regarding deadlines, formal requirements, or relevance to the original legislative project (so-called “requirement of subject matter connection”).
Types of Amendements
Amendements are differentiated according to their content and scope. The main forms are:
- Supplementary amendements: add new regulations to the original text.
- Deletion amendements: remove sections of text, regulations, or provisions.
- Amendment amendements: change the original text by modifying formulations or content.
Amendements can also be classified by their scope as single, comprehensive, or alternative modifications.
Procedure
An amendement must be submitted in the correct form and substantiated. After deliberation, a vote usually follows. The adoption of an amendement leads to the law text being amended as proposed, and the modified version becomes the basis for further deliberations.
International Law and Treaties
In international law, the amendement refers to a change or addition to an international treaty. Numerous multilateral agreements and conventions have explicit amendement procedures specified in their provisions.
Requirements
The amendability of an international treaty depends on the respective amendment mechanism. Generally, it requires a proposal for an amendement by a contracting state, followed by an agreed-upon procedure, which can range from consensus to qualified majorities. Often, separate ratification by the contracting parties is also required before the amendement can enter into force.
Significance in International Law
Amendements enable international treaties to adapt to new political or societal developments. They serve as a means to further develop international treaty relations without having to negotiate an entirely new treaty each time.
Constitutional Law
In the field of constitutional law, the term amendement is used for the amendment or supplementation of constitutional texts. Depending on the legal system, varying high requirements exist (e.g., two-thirds majorities) upon which a constitutional amendment is based.
Amendement in International Comparison
The English word “amendment” is especially known from US law and the US Constitution, where individual amendments (so-called “Amendments,” such as the first ten as the Bill of Rights) are of significant legal and societal importance.
Legal Effects and Consequences of an Amendement
The legal consequences of an amendement always depend on the respective area of regulation:
- In legislative procedures, an adopted amendement results in the immediate change of the statutory text, possibly affecting the interpretation and application of the new legal provision.
- In international treaty law, an amendement causes an addition or modification of the existing contractual relationship among the ratifying parties.
- In constitutional law, an amendement can directly influence the state order, fundamental rights, or the institutional competences.
Distinction from Related Terms
The amendement is to be distinguished from terms such as “supplement,” “addition,” “additional protocol,” or “adjustment.” While “supplements” are often purely declaratory updates, the amendement denotes an active substantive change through a formalized procedure. An “additional protocol” is usually a separate legal instrument under international law, whereas the amendement of individual treaty provisions generally remains part of the original treaty.
Conclusion
The amendement is a central instrument for the flexible and dynamic adaptation of laws, treaties, and constitutions to current or future requirements. Its legal relevance derives from the ability to specifically and formally modify existing regulations without compromising the continuity or integrity of the norms. The exact structure and requirements of an amendement always depend on the specific legal field, area of application, and the underlying legal system.
Frequently Asked Questions
What legal requirements must be met for an amendement?
For an amendement to be validly introduced in a legal context, certain requirements must be met, which may vary depending on the legal system and the rules of the respective body or legislative procedure. Typically, it is first required that the amendement be drafted in writing and refer clearly to an existing bill, motion, or contract. It must be clear which parts of the text are to be changed, added, or deleted. In parliamentary procedures, the rules of procedure usually require that amendements be submitted in good time to ensure adequate consultation. Often, formal support such as a minimum number of signatures is also required for the amendement to be considered admissible. In addition, some procedures examine whether the amendement is substantively related to the original text and does not leave the actual subject matter or theme of the document (the so-called subject matter connection or substantive relevance). Violations of these requirements may result in the amendement being deemed inadmissible or not considered.
How does the process for voting on an amendement work?
The process for voting on an amendement is set out by specific rules depending on the institution and body, but generally follows certain basic patterns. Initially, after introduction, the amendement is added to the agenda and typically explained and discussed in a debate. The length of discussion may vary depending on the importance and scope and is usually subject to the rules of procedure. A vote follows, often in the order in which the amendements were submitted if there are multiple amendements to a text section. There are also methods such as the consensus procedure or the deletion/amendment principle, where the most fundamental or comprehensive amendments are voted on first. An adopted amendement becomes an integral part of the main document, while rejected amendements have no legal effect. In some cases, there are further possibilities for revision or resubmission after adoption, although these are generally limited in time and by procedural rules.
What formal requirements exist for drafting an amendement?
The formal requirements for an amendement are especially aimed at ensuring clarity and precision to avoid misunderstandings and interpretative issues. Most rules and procedural codes require that amendements be submitted in written form, often indicating the submitting body, the affected document, and the specific sections to be changed by accurately citing the paragraph, section, or article. The proposed amendment text for change, deletion, or addition should be precisely formulated, leaving no ambiguity about the intention of the change request. Furthermore, amendements must be submitted by authorized individuals or groups—these may include certain parliamentarians, parliamentary groups, or officeholders within the body. Providing a justification, explaining the motivation and necessity for the change, is often also required. The formal requirements are intended to ensure that each amendement can be clearly assigned, evaluated, and incorporated into the voting process.
Under what circumstances can an amendement be rejected as inadmissible?
An amendement can be rejected as inadmissible for a variety of reasons. This often starts with formal review: If there are formal errors (such as missing signatures, missed deadlines, or insufficient clarity in referencing the original text), the amendement can be dismissed by the administration or the presiding board. Substantive inadmissibility exists in particular if the amendement has no connection to the subject being dealt with or violates overriding legal or procedural principles, such as the so-called requirement of subject matter connection or connexitiy. Violations of the rules of procedure (for example, submitting multiple identical amendments) or the constitution (if the content is unconstitutional) can also lead to rejection. In certain procedures, it is also possible for already adopted amendements to preclude later amendments on the same subject (the so-called exclusion effect), in order to maintain procedural clarity.
What functions do amendements serve in the legislative process?
Amendements play a central role in the legislative process by allowing for the flexible adjustment and improvement of drafts, contracts, or motions during ongoing proceedings. They serve to rectify technical errors, insert clarifications or precisions, add substantive tightening or loosening of provisions, or even to bring about fundamental changes of direction. They are also a key instrument for enabling political compromise between different interests. Amendements contribute to transparency and traceability of the decision-making process as their submission, deliberation, and vote are typically documented publicly. By being able to propose amendments, minorities can put forward their concerns and, in some cases, organize parliamentary majorities for their proposals. Overall, amendements are a central tool for democratic control and fine-tuning in norm-making.
Can an amendement be withdrawn subsequently, and if so, how?
The ability to subsequently withdraw an amendement is detailed in the respective rules of procedure or statutes. In most parliamentary or contractual processes, the amendement may be withdrawn by the person who introduced it up until the vote. The usual prerequisite is that the withdrawal is declared in good time to the chair of the session body (for example by written or oral statement). In certain cases, such as collectively introduced amendements, the consensus of all proposers is required. After the vote, withdrawal is generally no longer possible; if the adoption of an amendement is later recognized as an error, a new amendment process is required. The proper withdrawal of amendements is recorded in the minutes and has the legal effect that the matter is no longer discussed or put to a vote.
