Federal Law Gazette
Das Federal Law Gazette (Abbreviation: BGBl.) is the official promulgation journal of the Federal Republic of Germany. It is used for the publication of federal laws, ordinances, international treaties, and other relevant regulations at the federal level. The publication in the Federal Law Gazette confers general notification and thus legal effectiveness on a legal norm. The Federal Law Gazette is crucial for understanding the German legislative procedure as well as for practical work with legal sources.
Legal Basis and Function
Statutory Foundations
The issuance and design of the Federal Law Gazette are regulated by § 1 of the Promulgation Act (VerkG) dated August 12, 1949 in conjunction with Art. 82 para. 1 of the Basic Law (GG). According to this, federal laws come into force only after promulgation in the Federal Law Gazette, unless otherwise specified. Thus, the Federal Law Gazette serves as a central instrument for formal legislative authority and the public announcement of federal legal regulations.
Importance of Promulgation
Promulgation in the Federal Law Gazette creates legal certainty and binding force. Without proper publication, no federal law attains effectiveness. Only the promulgation marks the completion of the legislative process, which is concluded with the entry into force of a provision. The promulgation requirement is intended to ensure transparency and traceability of the legislative process.
Structure and Editions of the Federal Law Gazette
Division into Sections
Since 1951, the Federal Law Gazette has been divided into two parts:
- Part I (BGBl. I): Contains federal laws, ordinances, amending laws, formal notifications, and other relevant regulations.
- Part II (BGBl. II): Contains international treaties, agreements under international law, and their notifications and communications.
Before 1951, all legal provisions were published in a single issue. The separation serves to improve clarity and to categorize various legal texts more distinctly.
Further Specifications
In contrast to the Federal Law Gazette, specific areas have their own promulgation journals, such as the Bundesanzeiger for selected announcements. Nevertheless, the Federal Law Gazette remains the central source for laws and ordinances of the Federal Republic of Germany.
Procedure of Promulgation
Process of the Legislative Procedure
A federal law, after being adopted by the Bundestag and, if necessary, by the Bundesrat as well as executed by the Federal President, is published in the Federal Law Gazette. Legal effectiveness generally begins the day after promulgation, unless the law explicitly determines a different date of entry into force.
Significance of Execution
Execution is the formal conclusion of the legislative process and is documented by the signature of the Federal President. Only with the subsequent promulgation in the Federal Law Gazette does the law have legal effect vis-à-vis the general public. In the absence of proper promulgation, the law is considered non-existent in a legal sense.
Material Scope
Published Legal Acts
In particular, the following appear in the Federal Law Gazette:
- Federal laws and amendments to laws
- Ordinances of the Federal Government and its ministries
- State treaties and agreements with other countries
- Announcements concerning the entry into force of laws and treaties
- Instruments of ratification
- Notification of entry into force and expiry of legal texts
Not Included
For example, administrative regulations, internal ministerial instructions, as well as purely administrative decrees without external effect, are not published.
Form and Accessibility
Digital Publication
Until the end of 2022, the Federal Law Gazette was only available in printed form. With the entry into force of the Act on the Modernization and Digital Publication of the Federal Law Gazette (BGBLModG), there was a complete transition to an officially digital edition as of January 1, 2023. The digital publication is available at www.recht.bund.de publicly and officially accessible.
Binding Nature of the Edition
Only the electronic version provided on the official platform is considered the authentic and legally binding edition. Since the transition, printed copies have either no official binding effect or are only binding to a limited extent depending on their production.
Legal Effects of Promulgation
Entry into Force of Laws
According to § 1 para. 2 VerkG, laws generally come into force on the fourteenth day after promulgation, unless another date is expressly stipulated. The date of publication is essential for the enactment and enforcement of laws.
Binding Effect and Legal Certainty
By means of public announcement, a binding basis for all is created, on which rights and obligations within the federal territory arise or are changed. Citizens, authorities, companies, and courts are bound by the published content of the law.
Historical Development
From the German Reich to the Federal Republic
The first Federal Law Gazette appeared in 1949 and built on predecessors such as the Reich Law Gazette (RGBl.). After the end of the Second World War, the Allies assumed legislative powers before the Federal Law Gazette was established as the central official promulgation organ with the founding of the Federal Republic.
Reforms and Digitization
Significant innovations accompanied the development towards a digital official journal from 2023. Digitization led to improved accessibility, more timely publication, and extensive search and citation capabilities of legal texts.
Citation Format of the Federal Law Gazette
Citation Techniques
Statutory and ordinance texts are usually cited in case law and literature as follows:
- BGBl. I 2023, 555 (stands for Part I, year 2023, page 555)
- BGBl. II 2016, 1050 (Part II, year 2016, page 1050)
The citation refers to the location of the provision within the official promulgation journal. This ensures traceability and unambiguity for courts and administrative authorities.
Comparison with Other Official Promulgation Gazettes
Federal states and municipalities also have their own defined promulgation journals, for example the Law and Ordinance Gazette of the respective federal states. At the federal level, however, the Federal Law Gazette remains the only authoritative publication source for matters governed by federal law.
Literature and Weblinks
- Official Edition of the Federal Law Gazette
- Gernhuber, Dieter: Introduction to the German Legal System, C.H. Beck, various editions
- Papier, Hans-Jürgen: Legislative Procedure in the Basic Law, Nomos, various editions
Conclusion
The Federal Law Gazette is the central promulgation journal for all federal laws and federally relevant regulations in the Federal Republic of Germany. Publication in the Federal Law Gazette is legally required and decisive for the entry into force and validity of federal regulations. The transition to digital publication underlines its ongoing importance for the application of law, safeguarding legal certainty, and transparency in legislation.
Frequently Asked Questions
How are laws and ordinances published in the Federal Law Gazette with legal effect?
The publication of laws and ordinances in the Federal Law Gazette (BGBl) is regulated by constitutional law and forms the precondition for the entry into force of federal legal provisions. According to Article 82 paragraph 1 of the Basic Law (GG), ‘the laws adopted in accordance with the provisions of this Basic Law […] shall, after execution by the Federal President, be promulgated in the Federal Law Gazette.’ Therefore, promulgation by the Federal President in conjunction with publication in the Federal Law Gazette is a mandatory component of the legislative process at the federal level. Without this publication, laws and ordinances have no legal effect vis-à-vis citizens and authorities. The Federal Law Gazette is now maintained in electronic form (electronic BGBl), whereby from January 1, 2023, the electronic edition takes precedence over and is binding in relation to the printed edition. Publication is deemed to have taken place when made available online; any delays in printing do not affect the legal effectiveness.
What time limits and modalities apply for the entry into force of a norm published in the Federal Law Gazette?
The entry into force of a norm after its publication in the Federal Law Gazette primarily depends on the respective provisions set out in the relevant law or ordinance. If the regulatory text does not contain an explicit provision on entry into force, § 4 paragraph 1 of the Promulgation and Notification Act (VerkBekG) applies: accordingly, the law enters into force on the fourteenth day after the date of publication in the Federal Law Gazette (so-called ‘publicity period’). However, special provisions regarding entry into force are often included, which may provide for an earlier or later date. It should also be noted that individual provisions of a law may come into force at different times (staged or sectional entry into force). The modalities of promulgation and the calculation of periods are documented in the BGBl itself, with particular emphasis on the date of electronic availability.
How is the Federal Law Gazette legally distinguished from other official promulgation gazettes?
The Federal Law Gazette differs from other official German promulgation and notification organs by virtue of its special area of responsibility and legal status. While the Federal Law Gazette is solely responsible for laws, ordinances, and certain legally relevant federal notifications, other gazettes, such as the Bundesanzeiger (for economic notifications) or the official gazettes of the federal states and municipalities, publish state or local regulations. The legal exclusivity of the Federal Law Gazette for the promulgation of federal laws results directly from the Basic Law, meaning that any publication outside this official journal (e.g., only in the Bundesanzeiger) is insufficient for the legal existence of the norms. Furthermore, the Federal Law Gazette, through its electronic version, enjoys special evidentiary value and its authentic version is generally authoritative in legal transactions.
Which version of the Federal Law Gazette is legally binding in the event of a dispute?
In the event of discrepancies or disputes concerning the wording of laws or ordinances, the version published in the Federal Law Gazette is always considered legally binding and is regarded as authentic. According to § 5 VerkBekG, the electronic version of the Federal Law Gazette has priority over printed editions from 2023 onwards. For earlier versions that were only available in print, the official printed edition is considered binding. For the interpretation and application of legal norms, only the authentically published texts are authoritative, not reprints in legal commentaries or other specialist media. In case of doubt, reference must always be made to the version published in the Federal Law Gazette.
What legal requirements exist for corrections or amendments to already published Federal Law Gazette texts?
The procedure for correcting or amending a norm already published in the Federal Law Gazette follows strict legal requirements. Errors that occurred during publication (printing errors, transmission errors, incorrect legal texts, etc.) are corrected by means of an official ‘correction’ in the Federal Law Gazette. This is done in accordance with § 6 VerkBekG by means of a separate publication, usually in the same part of the Federal Law Gazette as the original norm. Corrections, however, apply only to obvious errors and may not introduce substantive changes beyond remedying the inaccuracy. Further substantive changes are only possible via formal amending laws, which themselves are subject to promulgation requirements.
What is the evidentiary value of publications in the Federal Law Gazette in court proceedings?
The texts of the norms published in the Federal Law Gazette are presumed to be correct and complete in court proceedings. This means that publication establishes public credibility (§ 418 ZPO analogous application), so courts generally do not further review whether the legal text is correctly reproduced in the BGBl. Unless there are concrete indications of an error, courts and authorities are obliged to regard the texts published there as binding (principle of clarity of norms and legal certainty). Extracts or copies from the BGBl. are admissible as evidence in legal disputes, provided they are traceable to the official source.
Which statutory provisions govern the structure and organization of the Federal Law Gazette?
The structure of the Federal Law Gazette is prescribed by the ‘Act on the Promulgation of Laws and Legal Ordinances’ (VerkBekG) and the ‘General Administrative Regulation on the Form and Content of the Federal Law Gazette’ (BGBlAnwVwV). The Federal Law Gazette is divided into several parts (currently Part I and Part II; Part III is ‘Federal Law Consolidated’), which are dedicated to different regulatory matters (e.g. Part I for federal laws and legal ordinances, Part II for international treaties and protocols). The substantive requirements, in particular for headings, citations, formatting, footnotes and references, as well as the exact sequence and technical design of publications, are prescribed in detail to ensure the legal clarity and authenticity of official texts.
