Definition and Significance of the Objection Law
Das Objection Law is a term from the German federal legislative process. It describes a law that, according to Article 77 of the Basic Law of the Federal Republic of Germany (GG), falls under the so-called objection procedure. In contrast to consent acts, the explicit approval of the Bundesrat is not required for an objection law to come into effect. The legal foundations, structure, and procedure regarding objection laws are essential for understanding legislation in the German parliamentary system.
Legal Basis of the Objection Law
Constitutional Classification
The constitutional basis for the objection law is provided by Art. 77 GG. Accordingly, federal laws are “as a rule” enacted as objection laws, unless the constitution explicitly requires the consent of the Bundesrat. Thus, the objection law represents the “normal case” of legislation, while the consent law is the exception.
Key Features:
- No explicit requirement for the approval of the Bundesrat
- Possibility for the Bundesrat to lodge an objection against the law
- Overrulability of the objection by a Bundestag majority
Thus, from a constitutional perspective, the objection law is clearly distinguished from the consent law.
Systematic Distinction
As stipulated in the Basic Law, certain statutes—particularly those of special importance to the federal states—are, contrary to the objection law, structured as consent acts (e.g., fiscal constitution, states’ participation in administration, etc.). The objection law includes all other federal statutes.
Legislative Procedure for Objection Laws
Course of the Procedure
The legislative procedure for an objection law follows a precisely defined process:
1. Introduction of the Bill
The bill is introduced by the Federal Government, the Bundesrat, or members of the Bundestag and is initially discussed in the Bundestag.
2. Resolution by the Bundestag
After discussion and any amendments, the law is passed by the Bundestag.
3. Forwarding to the Bundesrat
The law adopted by the Bundestag is forwarded to the Bundesrat for comment in accordance with Art. 77 (2) GG.
4. Objection by the Bundesrat
The Bundesrat can, within three weeks, either allow the law to pass, request the mediation committee (§ 77 para. 2 sentence 2 GG), or raise an objection to the law. There is no obligation of consent.
5. Mediation Committee
If the mediation committee is called, it may make modification proposals within four weeks. If the proposal is not fully complied with, the Bundesrat can again lodge an objection.
6. Overruling the Bundesrat’s Objection
If the Bundesrat lodges an objection, it can only be overruled by the Bundestag by simple majority (more than half of the votes cast) (§ 77 para. 4 GG). If the objection by the Bundesrat was made with a two-thirds majority, the overruling also requires a two-thirds majority of the Bundestag.
7. Completion of the Procedure
If the Bundesrat maintains its objection and the Bundestag fails to overrule it, the law has failed.
Special Procedural Components
- Time Limits: Decision of the Bundesrat at the latest three weeks after transmission of the legislative resolution, four weeks if the mediation committee is called.
- Effectiveness: The law comes into force only after proper completion of the procedure and execution by the Federal President.
Distinction from Consent Laws
The essential difference between objection law and consent law lies in the degree of involvement of the Bundesrat. For consent laws, the Bundesrat must explicitly approve the law; for objection laws, it may only raise a suspensive objection, which, however, can be overruled by the Bundestag. Consent laws are only provided for particularly significant statutes, especially those affecting the federal states.
Significance and Practical Examples
Objection laws constitute the predominant type of federal legislation. Examples include the Criminal Code, the Civil Code, and extensive parts of administrative law. Unless explicit approval is required, the majority of federal statutes are structured as objection laws.
In practice, an objection by the Bundesrat is seldom lodged and even more rarely maintained, yet the procedure is of great importance for parliamentary oversight and the federal balance of power.
Constitutional Assessment and Criticism
The constitutional structure of the objection law ensures a fundamental balance between the Bundestag and the Bundesrat. While the consent law involves the Bundesrat as the second chamber much more strongly, the objection law secures the Bundestag’s primacy in regular federal legislation. This protects the federal legislature’s ability to act against excessive blocking effects by the federal states. From a constitutional perspective, this relationship is regarded as central to the functionality and effectiveness of the German federal state.
Summary
The objection law is the legally prescribed standard variant of German federal legislation. It defines a procedure that allows the Bundesrat to participate but does not grant it a veto right, highlighting the Bundestag as the decisive body. The legislative and constitutional arrangement of the objection law contributes to ensuring the federal balance and efficiency in the legislative process. Due to its central role in the German legal system, understanding the objection law is fundamentally important for a general understanding of legislation.
Frequently Asked Questions
What deadlines must be observed when lodging an objection under the objection law?
For lodging an objection, specific deadlines apply under the objection law, which must be adhered to in order to ensure the effectiveness of the legal remedy. The relevant deadline begins with the notification of the administrative act or decision against which the objection is directed. As a rule, the objection period is one month (§ 355 (1) AO), but it may be shortened or extended by special legal provisions. If the deadline falls on a Sunday, public holiday, or Saturday, it is postponed pursuant to § 108 AO to the next working day. An objection received after the deadline is, in principle, inadmissible unless reinstatement under § 110 AO is granted. It is therefore crucial to carefully check the calculation of the deadline and the form of notification to ensure that the objection is submitted on time.
In what form must an objection be lodged?
The objection law does not prescribe a specific form for submitting an objection unless different statutory requirements exist. The objection may be submitted in writing, declared for the record at the competent authority, or—if permissible—transmitted electronically. For electronic submission, written form under § 87a AO must be observed, which may require a qualified electronic signature. However, it is advisable to provide proof of receipt, for example by registered mail or fax with a transmission report. The objection should clearly indicate which administrative act is being contested; a statement of reasons is generally not required for admissibility, but is recommended for coherence.
What happens after an objection is lodged under the objection law?
After lodging a valid and timely objection, the authority first examines whether the objection is formally correct. Thereafter, a so-called renewed substantive review takes place, in which the authority fully re-examines its administrative act for legality and expediency. During the ongoing objection procedure, the authority may conduct investigations, collect evidence, and give the parties the opportunity to comment or be heard orally. The procedure ends with an objection decision, in which the authority either remedies or rejects the objection. If it is rejected, the party concerned receives a written objection notice, against which further legal remedies may be available.
What are the effects of lodging an objection on the enforcement of the contested administrative act?
Lodging an objection generally does not have a suspensive effect under the objection law. This means the challenged administrative act remains effective and enforceable, unless the authority orders a suspension of enforcement ex officio or upon application (§ 361 AO, § 80 VwGO). An exception applies, for example, to certain tax assessments. Suspension can be requested if there are serious doubts as to the legality of the original administrative act or if unreasonable hardship may result. Such an application must be submitted separately and is independently reviewed by the authority or, if applicable, by the court.
Can an objection under the objection law be withdrawn?
Yes, an objection once lodged can be withdrawn at any time, up to the issuance of the objection decision, by the person concerned or their authorized representative in writing or by declaration for the record (§ 362 AO). Withdrawal immediately terminates the objection procedure and the original administrative act remains or becomes final. As a rule, withdrawal is irrevocable unless grounds for appeal, such as an incorrect instruction on the legal consequences of the withdrawal, exist. The authority must confirm the withdrawal informally.
What are the consequences of an unjustified or late objection under the objection law?
If an objection is lodged late or is unfounded, the objection law strictly distinguishes between the admissibility and the merits of the remedy. A late objection must be rejected as inadmissible unless reinstatement is possible. An unfounded but admissible objection is examined on its merits and rejected by an objection notice. An inadmissible objection means the contested administrative act continues in effect and becomes legally binding. In cases of deliberately unfounded or frivolous objections, costs may also be imposed, especially if the objection was obviously without a chance of success.
Is legal representation required or permitted in the objection procedure?
In principle, the objection law allows any affected person to conduct the procedure themselves (so-called self-representation). Representation by an authorized third party—such as Rechtsanwalt, tax advisor, or certified public accountant—is always possible and may be given expressly or impliedly (§ 80 AO). The power of attorney is usually to be documented in writing, and the authorization has no effect on the admissibility of the objection. In individual cases, the authority may require appointment of an authorized representative, for example, if there are particular legal or factual difficulties, or if the party concerned is obviously unable to adequately safeguard their rights.
