Definition and legal-historical foundations of “Crown”
The term “Crown” plays a central role in the legal system of numerous Commonwealth countries. In both historical and contemporary contexts, the Crown serves as the legal embodiment of state authority and the legal personality of the monarchical head of state, especially in the United Kingdom and its former colonies. The Crown is an essential element of the rule of law, constitutional order, and the bearer of specific rights, duties, and privileges.
The Crown as a legal entity
Legal status of the Crown
In common law, the Crown is not merely a symbol, but represents a legal entity that continues to exist independently of the physical person of the monarch. The Crown can act as a party to court proceedings in its own name, enter into contracts, and hold property. It forms the personified state power that remains institutionally and legally unchanged even after a succession to the throne.
The distinction between Monarch and Crown
Legally, a clear distinction is made between the natural person of the monarch (Sovereign) and the Crown. While the monarch may change, the “Crown in Right of…” (e.g., “the Crown in Right of the United Kingdom”) remains as a permanent institution. The rights and duties are automatically transferred to the respective monarch.
The Crown as “Body Politic”
The Crown is regarded as a “Body Politic”: a legal person under public law that represents the state. In particular, the Crown is liable for the actions of its representatives (e.g., ministers, officials) within the scope of carrying out state functions.
Constitutional significance of the Crown
The Crown in the United Kingdom
In the United Kingdom, the Crown functions as an essential link in the constitutional monarchy. The Crown forms the focal point of state authority and is the bearer of the executive power, ownership of certain assets, and particular sovereign rights.
Royal Prerogative
The “Royal Prerogative” refers to historical privileges to which the Crown (and practically the government) is entitled, such as the right to conduct foreign policy, declare war, or issue pardons. These rights have mostly been limited by Parliament but nevertheless continue to have legal effect.
Property rights of the Crown
The Crown holds significant real estate (e.g., Crown Estate, Duchies) and has special rights, such as rights to shipwrecks and treasure finds. Legally, these are attributed to the state and are subject to specific regulations.
Immunity of the Crown (“Crown Immunity”)
The Crown traditionally enjoyed immunity from civil and criminal prosecution (“the King can do no wrong”). Over time, this immunity has been limited by statutory regulations (e.g., Crown Proceedings Act 1947). Since then, claims can be brought against the Crown in many areas before the courts, though special procedures and restrictions continue to apply.
The Crown in the Commonwealth
In countries such as Canada, Australia, and New Zealand, the concept of the “Crown in Right of [Country/Province/State]” exists. This legal form represents the Crown as a legal institution for each member state and their subdivisions. It acts as a contracting party, participates in legal proceedings, and holds state property.
The Crown in Public Law
Sovereignty and sovereign acts
The Crown is the bearer of state sovereign rights. These include:
- Enactment of laws (as Assent)
- Appointment of government members
- Conclusion of treaties under international law
- Bestowing of titles and orders
In a modern constitutional state, these rights are exercised through parliamentary and ministerial structures, but formally remain with the Crown.
The Crown and Criminal Law
Criminal proceedings are generally conducted “in the name of the Crown,” e.g., “R v Smith” (Regina versus Smith). The Crown thus serves as the symbol for the state’s interest in prosecution.
The Crown as contracting party and employer
The Crown can conclude contracts in its own name and is the employer of a large number of civil servants and public sector employees. In labor and contract law, special regulations and privileges must be observed due to the Crown’s role as the bearer of sovereign authority.
The Crown and its legal proceedings
Legal capacity of the Crown
Although litigation against the Crown was generally excluded for centuries, since the mid-20th century civil claims can be asserted against the Crown. However, it is subject to special provisions, such as those concerning litigation costs and enforcement of judgments.
Peculiarities of official liability
Within the framework of official liability, the Crown is responsible for unlawful acts of its employees. However, the enforcement of claims is often subject to special requirements and limitation periods.
The Crown in supranational and international contexts
As an actor under international law, the Crown can undertake international obligations, for example, by concluding treaties or regulating diplomatic relations. In international law, the Crown is generally equated with the respective state.
Literature references and related terms
- “Royal Prerogative”
- “Crown Immunity”
- “Crown Proceedings Act”
- “Crown Estate”
- “Sovereign”
- “Body Politic”
This comprehensive overview illustrates the central, multifunctional position of the Crown in the legal system of the Anglo-American world and its far-reaching legal implications in constitutional, administrative, contract, and criminal law.
Frequently Asked Questions
What statutory regulations apply to the import of Crown products into Germany?
The import of so-called “Crown products,” such as e-cigarettes, heated tobacco products, or other items that fall under this brand or product group, is subject in Germany to a variety of legal requirements. In particular, the Tobacco Products Act (TabakerzG), the Tobacco Products Regulation (TabakerzVO), as well as relevant provisions of the EU Tobacco Products Directive (2014/40/EU) apply. These regulations include the obligation to register and notify products with the Federal Institute for Chemicals (BfC), detailed provisions on ingredients, maximum nicotine content, warnings, and child-proof packaging. Customs regulations, especially with regard to taxation, must also be observed. Products that are not registered or approved may not be placed on the market; violations may result in fines or even criminal consequences. Additionally, the online sale of such products is also regulated: here, youth protection, advertising, and distribution restrictions in particular apply. Full, legally compliant market access therefore requires careful review and implementation of all statutory requirements.
What age-specific sales restrictions apply to Crown products?
According to Section 10 of the Youth Protection Act (JuSchG), tobacco products, related goods, and e-cigarettes (including associated products such as Crown) may only be sold to persons over 18 years of age. Sales in both brick-and-mortar and distance selling are linked to age verification: retailers must ensure that no products are supplied to minors, which requires effective age checks. This applies both to the purchase process and to delivery. Violations of these provisions are treated as administrative offenses in Germany and can be penalized with significant fines. Furthermore, any form of advertising explicitly or implicitly targeting minors is strictly prohibited.
What labeling requirements must be observed when marketing Crown products?
Detailed labeling requirements apply to the marketing of Crown products. According to the Tobacco Products Act and Tobacco Products Regulation, comprehensive warnings are mandatory for every product placed on the market, both graphically and in text. In addition, information on ingredients and manufacturer details is required. Packaging must be designed to be child-resistant and tested according to EU standards. Violations of labeling requirements, such as missing warnings or insufficient product information, can lead to cease-and-desist orders, fines, and sales bans. Labeling requirements must also be strictly observed in online sales; incorrect or insufficient presentation of legal notices can also result in legal consequences in this context.
Which regulatory requirements apply regarding advertising and sponsorship of Crown products?
Advertising and sponsorship of Crown products are strictly regulated in Germany and the EU. According to the Tobacco Products Act, Tobacco Products Regulation, and the Act Against Unfair Competition (UWG), almost all communication channels for tobacco products and related goods are prohibited. Print and outdoor advertising have been almost completely banned since 2020 and 2022, respectively; this also applies to online advertising, social media, influencer marketing, and sponsorship of events, especially where minors may be among the target audience. Generally, only direct advertising measures are still permitted, providing they are not publicly accessible and are aimed exclusively at adult consumers. Violations of these advertising restrictions can be pursued by competition associations, consumer protection agencies, or authorities and can result in high fines or injunctive relief.
What obligations do importers and retailers have regarding product safety and consumer protection for Crown products?
Importers and retailers of Crown products are subject to strictly regulated obligations concerning product safety and consumer protection. This includes ensuring that every product has been tested according to the Product Safety Act (ProdSG) before being placed on the market and does not pose any danger to consumers. There are also mandatory reporting obligations for serious incidents to the Federal Institute for Risk Assessment (BfR), recall obligations for unsafe products, and record-keeping requirements for relevant documentation. It must also be ensured that all user instructions and safety notices are understandable and provided in German for end users. For products with electrical components, special requirements according to the Electrical and Electronic Equipment Act (ElektroG) also apply. Non-compliance with these obligations can lead to recalls, liability for damages, and administrative offenses.
What needs to be considered in terms of taxes and duties when selling Crown products?
The sale of Crown products requires strict compliance with tax regulations, especially under the Tobacco Tax Act (TabStG), insofar as the products are subject to taxation. Since 2022, for example, liquids for e-cigarettes and comparable nicotine-containing or nicotine-free products in Germany have been subject to tobacco tax. Manufacturers and importers must register these products and pay the corresponding tax. The tax label must be affixed to the packaging, and records of taxation must be presented to the tax authorities. Violations of tax obligations are treated as tax evasion and, in severe cases, may be criminally prosecuted. In cross-border distance selling, all tax regulations must also be complied with, otherwise subsequent taxation and significant fines may be imposed.
What are the requirements for online trading with Crown products?
Online trading with Crown products is subject to general e-commerce requirements, such as the obligation to provide an imprint and transparent pricing under the Telemedia Act (TMG) and the Act Against Unfair Competition (UWG), as well as specific regulations. Mandatory age verification is required during the order process and upon delivery. In addition, no advertising may be placed on websites accessible to minors or specifically targeting them. All product information, warnings, and legal notices must be displayed online just as visibly and comprehensibly as for physical products. Shipping service providers must be instructed to conduct age checks during delivery. Furthermore, there are sometimes special requirements for customer identification during payment processing or international shipping. Violations of these regulations can lead to warnings, fines, or shop closures.
