Term and Definition: Federal Law
Das Federal Law is a central legal norm within the German, Austrian, and Swiss legal systems. It refers to a law enacted by federal bodies (for example, Bundestag and Bundesrat in Germany, National Council in Austria, Federal Assembly in Switzerland) within the scope of federal competence. Federal laws significantly structure and govern both public and private life and occupy a higher hierarchical rank than the legal norms of the federal states or cantons. Within the legal framework, they are a primary instrument of legislation at the federal level.
Federal Law in German Law
Legislative Authority and Procedure
In the German legal system, legislative authority is fundamentally governed by the Basic Law (Grundgesetz, GG). Detailed provisions on the legislative procedure start at Article 70 GG. Here, a distinction is made between exclusive, concurrent, and framework legislation, with some exclusive competences also allocated to the federal states.
The legislative procedure is carried out in several stages:
- Initiative: Legislative proposals can be introduced by the Federal Government, the Bundesrat, or from the floor of the Bundestag.
- Deliberation und Resolution: Deliberation regularly takes place in three readings in the Bundestag. After final deliberation, a vote is held on adoption.
- Consent of the Bundesrat: In certain cases, federal laws require the consent of the Bundesrat.
- Execution and Promulgation: After any mediation procedures, the law is signed by the Federal President and promulgated in the Federal Law Gazette.
A federal law enters into force either on a date specified in the law or, in the absence of a special provision, on the fourteenth day after promulgation.
Scope and Precedence
The federal law applies within the territory of the Federal Republic of Germany, unless otherwise specified. It ranks above state laws (Art. 31 GG: “Federal law supersedes state law”). Exceptions apply only insofar as the Basic Law assigns exclusive powers to the states.
Legal Binding Effect
Federal laws are binding on all state organs and citizens within their scope of application. They have general binding effect unless expressly designed as individual laws. Compliance is monitored by the independent judiciary; violations can be brought before the Federal Constitutional Court via constitutional complaint (Art. 93 GG).
Relationship to Other Legal Sources
Federal laws rank below the Basic Law but above ordinances, statutes, and state law. In case of conflict, the federal law applies, except where higher-ranking law (such as the Basic Law or the European Convention on Human Rights) prevails.
Amendability and Abrogation
Federal laws can be amended, supplemented, or repealed by subsequent federal laws. Repeal may occur explicitly through a repeal law or implicitly through later legislation that is inconsistent (lex posterior derogat legi priori).
Federal Law in Austrian Law
Definition and Significance
In Austria, the term federal law (§ 1 Federal Constitutional Law, B-VG) refers to any general norm enacted by federal bodies, especially the National Council, within their competences. It differs from state law, which is enacted by the state parliaments within their state competences.
Legislative Procedure
The federal government’s legislative authority is governed by the Federal Constitution (B-VG). The National Council generally passes laws by simple majority, while special areas (such as constitutional law) require a qualified majority. The procedure includes introduction, deliberation, resolution, participation of the Bundesrat, certification by the Federal President, and publication in the Federal Law Gazette.
Scope and Precedence Rule
Federal law applies throughout the entire federal territory. Based on the principle of precedence of federal law, it overrides conflicting state law, provided the subject matter falls within federal competence.
Federal Law in Swiss Law
Term and Enactment Procedure
In Switzerland, federal law occupies the second-highest level in the hierarchy of norms, below the Federal Constitution but above ordinances of the Federal Council. It is enacted by the Federal Assembly (National Council and Council of States) through the ordinary procedure.
Popular Referendum
A special feature is the optional referendum against federal laws: After publication, a referendum can be called within 100 days by collecting signatures, leading to a popular vote. If adopted, the federal law enters into force; if rejected, the law is not implemented.
Binding Effect and Relationship to Other Norms
Federal law supersedes cantonal law as long as the federal law has been enacted in a field of federal competence. Furthermore, federal law ranks above general government ordinances but is subordinate to the Federal Constitution.
Types and Contents of Federal Laws
Substantive Federal Law
A substantive federal law contains general and abstract rules that apply to a multitude of cases and addressees. Substantive laws typically concern criminal law, civil law, tax law, or other core areas of law.
Formal Federal Law
From a formal perspective, federal law refers to any law adopted by the competent bodies through the respective legislative procedure. This distinction is particularly important for the review of the lawfulness of subordinate norms.
Individual Law, Omnibus Law, and Amendment Law
A federal law can regulate a specific matter as an individual law (for example, the Federal Data Protection Act), combine various subjects as an omnibus law (for example, the Act on Regulatory Offences), or adjust amended norms in existing laws (so-called amendment law).
Publication and Entry into Force
Publication occurs in the respective federal official journal (Federal Law Gazette in Germany and Austria, Official Compilation in Switzerland). Entry into force is pursuant to the provisions in the law or to the general legal rules.
Significance and Control of Federal Laws
Federal laws are the essential instrument for regulation and order of societal and economic processes. Their oversight is ensured by:
- Parliaments/Votes: Within the legislative process.
- Judiciary: By ensuring compliance with higher-ranking law through the courts, especially constitutional courts.
- Administration: Implementation and application by the executive.
Limits and Constitutional Review
Federal laws are bound by the respective constitutional law. If they violate the federal constitution or fundamental rights, they can be repealed by the competent constitutional court (e.g., Federal Constitutional Court, Constitutional Court, Swiss Federal Supreme Court). The obligation to apply the law may also lapse if a law is declared unconstitutional.
Relationship to International and European Law
Federal laws are, in principle, paramount within the national legal order. However, overlaps with international or European law can mean that federal laws must yield to higher-ranking international or supranational law in cases of doubt, for example through the precedence of Union law in Germany and Austria.
Literature and Web Links
- Legislative texts in the Federal Law Gazette (Germany), RIS (Austria) or the Official Compilation of Switzerland
- Basic Law for the Federal Republic of Germany (Art. 70 et seq.)
- Federal Constitutional Law (BGBl. No. 1/1930)
- Swiss Federal Constitution
Frequently Asked Questions
What role do federal laws play in the German legal system?
Federal laws occupy an outstanding position in the German legal system, as they are enacted on the basis of the German constitution, the Basic Law (GG), and apply throughout the entire federal territory. Their legislative authority is governed by Art. 70 et seq. GG, which regulates the allocation of competences between the federation and the states. While the federation has exclusive legislative competence for certain matters (such as defense, currency), many areas are subject to concurrent legislation in which the federation may enact legislation as long as the states have not done so, or federal regulation is necessary (Art. 72 GG). Federal laws rank below the Basic Law but above state laws, so they take precedence in the event of conflict between norms. In the federal system of the Federal Republic of Germany, they ensure the uniform application of law on central issues, for example in criminal law, the tax system or with regard to social security systems. From a practical perspective, federal laws provide legal certainty and protection against regional legal discrepancies through their nationwide applicability.
How are federal laws enacted?
The legislative process for federal laws is regulated by the Basic Law and consists of several stages. Legislative initiatives may be introduced by the Federal Government, the Bundesrat, or from the floor of the Bundestag (Art. 76 GG). After introduction, a bill typically passes through three readings in the German Bundestag in which it is debated, discussed, and potentially amended. Subsequently, the Bundesrat considers the law. For laws requiring consent—especially those that significantly affect the interests of the states—the Bundesrat must expressly agree. If the Bundesrat rejects such a law, it may fail completely, or a mediation committee may be convened to seek a compromise. After a successful legislative process, the law is executed by the Federal President following constitutional review and subsequently promulgated in the Federal Law Gazette; the law then enters into force at the specified time.
What is the significance of federal laws in relation to European law?
Germany’s accession to the European Union gave rise to a complex interplay between federal law and EU law. According to established jurisprudence of the Federal Constitutional Court and pursuant to Art. 23, 24, 25 and 59 GG, international law and Union law enjoy special importance. Of primary importance is the principle of the primacy of Union law: If a federal law is in conflict with directly applicable EU law (e.g., a regulation), the German court is obliged to apply European law and to disregard the relevant federal law as far as the conflict exists. Nevertheless, the federal law remains in force under national law but is not applied by the courts as long as there is a conflict with European law. For directives, it is up to the legislator to implement these through corresponding federal laws.
How can federal laws be amended or repealed?
Federal laws can be amended or repealed at any time by a new law, provided the constitutional requirements are met. The amendment or repeal law must go through the same legislative process as a new law—i.e., proposal, deliberation in the Bundestag, participation of the Bundesrat, execution, and promulgation. For laws affecting the Basic Law, a qualified majority is required (Art. 79 GG). Repeal means the complete abolition of a law (repeal of the law), while amendment refers to the modification of individual provisions. In addition, federal laws may be repealed by the passage of time (“sunset clauses”) or by a decision of the Federal Constitutional Court if they violate the Basic Law.
What options are available to have the constitutionality of a federal law reviewed?
The constitutionality of a federal law can be reviewed by the Federal Constitutional Court within the framework of abstract or concrete judicial review. Abstract judicial review (Art. 93 Sec. 1 No. 2 GG) can be initiated by the Federal Government, a state government, or one quarter of the members of the Bundestag if there are doubts as to the compatibility of a federal law with the Basic Law. In concrete judicial review (Art. 100 GG), a court that considers a federal law to be unconstitutional suspends proceedings and refers the question to the Federal Constitutional Court for a decision. In addition, citizens can file a constitutional complaint if they claim that a federal law infringes on their fundamental rights; this is only possible if they are personally, directly, and presently affected.
How are federal laws published and when do they come into effect?
Federal laws are published in the Federal Law Gazette (BGBl.), which constitutes the promulgation of the law. According to Art. 82 GG, a federal law comes into force, unless another date is stipulated, on the fourteenth day after the day the Federal Law Gazette was issued. However, it is possible to specify an explicit date in the law on which it is to enter into force (“entry-into-force provision”). Only with publication and the specified entry into force do federal laws acquire legal effect and can be applied by the executive and judiciary. This publication obligation guarantees transparency and legal certainty for citizens and legal entities.
