Emergency Law

Last Update: 03. Sep 2025

Term and Definition of the Exceptional Law

Ein Exceptional Law is a term used in the legal field to refer to a law that, for a specific group of people, a particular circumstance, or under certain conditions, provides exceptions to the general legal regulations. In a narrower sense, it often refers to normative acts that temporarily or permanently restrict or abolish certain principles of legal unity or equality. Exceptional laws are usually seen as contrary to the principle of equality before the law and general legislation, and are therefore particularly sensitive from a legal and constitutional perspective.

Legal Dogmatic Classification

Systematic Position in the Legal System

Exceptional laws can systematically be classified as special laws in relation to general laws. They are typically addressed to a defined group of people or regulate a particular situation, for which the general provisions are explicitly or implicitly modified. In many legal systems, the enactment of an exceptional law is subject to strict constitutional or rule-of-law constraints.

Conceptual Distinction from Special Laws and Individual Case Laws

Exceptional laws must be distinguished from special laws and individual case laws:

Special laws: are aimed at a specific group of people or circumstances and can be a permanent part of the legal system without necessarily violating the principle of equality.
Individual case laws: regulate an individual case and are usually unconstitutional because they violate the principle of equality (see Art. 19 para. 1 sentence 1 GG).

Exceptional laws are typically valid for a limited time and explicitly or implicitly change the legal status of a specific group or situation.

Exceptional Law in Constitutional Law

Significance in the Basic Law (GG)

The Basic Law of the Federal Republic of Germany provides in Art. 19 para. 1 sentence 1 that fundamental rights “may only be restricted by or pursuant to a law and only in compliance with the reservation of law.” A law that regulates exclusively a specific individual case and applies to a particular person is unconstitutional as an individual case law. The concept of the exceptional law is also considered here, particularly with regard to the general principle of equality (Art. 3 GG).

Prohibition of Exceptional Laws

The Basic Law does not contain an explicit general prohibition of exceptional laws, but Art. 19 para. 1 sentence 1 GG stipulates that a law may not apply exclusively to a single case. The principle of equality in Art. 3 GG further requires that general legal provisions must not arbitrarily disadvantage or favor individuals through exceptional laws.

Exceptional Laws in the Context of Fundamental Rights

Certain fundamental rights, such as those in Art. 8 or Art. 11 GG (freedom of assembly, freedom of movement), can be restricted by ordinary laws under strict conditions. Individual laws that restrict such fundamental rights only for certain persons or groups are, however, subject to strict judicial review and must comply with the principles of proportionality and equality.

Exceptional Laws in International Comparison

Historical Context

In international comparison, exceptional laws have often played an inglorious role, especially in the context of dictatorships or authoritarian regimes. Prominent examples include the exceptional laws in Nazi Germany, such as the “Law for the Restoration of the Professional Civil Service” from 1933, which specifically excluded and discriminated against certain groups.

State of Emergency and Emergency Decrees

In many countries, legal instruments exist for a state of emergency, whereby deviations from ordinary legal norms are permitted under clearly defined circumstances (“emergency decree”). However, such measures are time-limited and, in principle, subject to parliamentary and/or judicial oversight.

Rule-of-Law Assessment and Controversies

Risks and Rule-of-Law Limits

Exceptional laws are regarded as potentially dangerous to legal certainty, equal opportunities, and confidence in the objectivity of the law due to their selective scope. They breach principles such as legitimate expectation, legal certainty, and equality before the law. Therefore, in modern constitutional states, there are high hurdles for the enactment and application of exceptional laws.

Typical Areas of Application

In democratic constitutional states, exceptional laws are applied only in particularly extreme situations, such as:

natural disasters and pandemics (temporary regulations)
emergency laws to safeguard the state
legislative measures against particular threats to public order and security

Their application is generally subject to the principle of proportionality and judicial control.

Case Law on Exceptional Laws

Decisions of the Federal Constitutional Court

The Federal Constitutional Court has repeatedly ruled that laws which benefit or disadvantage individual persons or groups without sufficient objective reason (thus constituting exceptional laws) are generally unconstitutional because they violate Art. 3 para. 1 GG (the principle of equality) and the prohibition of arbitrariness.

Criteria for Admissibility

Objective Reason for Deviation from the General Law
Proportionality of the Measure
Time Limitation and Parliamentary Oversight
No Circumvention of Constitutional Basic Principles

Frequently Asked Questions

What legal requirements must be met for the enactment of an exceptional law?

According to the principles of the German rule-of-law state, an exceptional law may not be enacted arbitrarily. The legislature is bound by certain formal and substantive requirements. A prerequisite is generally a divergent situation, usually considered extraordinary, such as a natural disaster, severe internal emergencies, or external threats. The special legislative procedure must ensure compliance with the constitution, particularly the principle of proportionality, safeguarding of fundamental rights, and parliamentary participation. Moreover, an exceptional law must not violate the prohibition of discrimination or the principle of equality enshrined in the Basic Law. Usually, temporal and material limitations are also decisive; the exceptional character results from the fact that the law applies only for a specific period or a clearly defined situation. Finally, a careful balance between public interest and individual freedoms is always necessary to maintain a constitutional framework.

How does an exceptional law differ from a general amendment to the law?

While a general amendment to the law applies to all similar factual situations and aims at a permanent change of the legal situation, the exceptional law is specifically characterized by being tailored to certain, usually extraordinary, circumstances and by deviating from existing norms. It specifically intervenes in a defined group of cases or situation to regulate temporary or locally limited problems. Another feature is that exceptional laws usually come with a time limit and cease to apply once the exceptional situation ends. This also serves to prevent the exceptional law from being misused as a permanent circumvention of general rules. Thus, the exceptional law does not serve the general development of the law, but rather the specific, often short-term management of a particular event or crisis.

What restrictions apply to exceptional laws regarding fundamental rights?

In the German legal system, exceptional laws are also subject to the constitutional restrictions on fundamental rights. Art. 19 para. 1 sentence 2 GG expressly stipulates that when a fundamental right is restricted by law, the restricted fundamental right must be named, including the relevant article. Exceptional provisions must not affect the core of fundamental rights (guarantee of essential content from Art. 19 para. 2 GG). Furthermore, the Federal Constitutional Court requires, within the principle of proportionality, that interventions in fundamental rights be kept as minimal as possible even in exceptional circumstances. This means measures must be necessary, appropriate, and reasonable to achieve the intended goal. Legislative measures must also be structured such that they lapse once normal conditions are restored.

What role does the Federal Constitutional Court play in relation to exceptional laws?

The Federal Constitutional Court has a central oversight function in reviewing exceptional laws. On application, it can examine whether an exceptional law is compatible with the Basic Law. This involves review of compliance with formal and substantive constitutional requirements. The Court assesses whether the law fulfills the principle of equality before the law and whether there is an objective reason for unequal treatment in the exceptional law. The Federal Constitutional Court also monitors compliance with the parliamentary reservation, the protection of fundamental rights, and the existence and scope of the exceptional situation itself. If the Court finds a law to be unconstitutional, it can declare it void or set a deadline for the legislature to remedy the defect.

What typical contents or fields of application do exceptional laws have in Germany?

Typical fields of application for exceptional laws are disaster law, infection protection law, emergency constitutions, as well as regulations in the context of war, internal security, or serious social crises (e.g., financial or energy crises). In terms of content, exceptional laws usually regulate special intervention and ordering powers for authorities, temporary deviations from administrative regulations, special rules for the allocation of resources, or restrictions of certain fundamental rights for the protection of the general public. Such laws are often technically complex, contain special procedural rules, and for their duration typically limit political and administrative decision-making freedoms in favor of rapid risk mitigation and crisis management.

How are the limitation and monitoring of the application of exceptional laws ensured?

Limitation is an essential element in ensuring the exceptional character of such a law. Exceptional laws usually contain concrete temporal limitations (sunset clauses) or mechanisms for regular review by parliament or the judiciary. Often, there are also reporting obligations for the executive, requiring regular accountability regarding the application and effectiveness of the law. In the Bundestag and state parliaments, there are usually committees tasked with parliamentary oversight, and as part of the separation of powers, these ensure compliance with statutory and constitutional requirements. After the expiration of the time limit or the end of the exceptional situation, the law automatically lapses unless it is explicitly extended by the legislature.

Further term explanations

Wrongfully Convicted