Abstract Norm Control Legality Quiz
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Abstract Norm Control Legality Quiz

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Questions and Answers

What is required for an application to initiate abstract norm control to be considered legal?

  • The application must be written and justified. (correct)
  • The application must reference the private opinions of Bundesrat members.
  • The application must be submitted in person to the BVerfG.
  • The application must include a summary of opposing opinions.

    • Who is authorized to submit an application for abstract norm control?

  • Only the Federal Minister of Justice.
  • The Federal Government, State Government, or a member of the Bundestag. (correct)
  • Any citizen of the Federal Republic.
  • The highest-ranking judges of the Federal Constitutional Court.

    • What is the primary subject of the application for initiating abstract norm control?

  • The amendment of existing constitutional laws.
  • Compatibility with higher-ranking law. (correct)
  • Preventive norm reviews to ensure compliance.
  • The establishment of new laws or regulations.

    • Which article states that discrepancies or doubts about compatibility with higher-ranking law provide sufficient grounds for application?

    <p>Article 33(1) No. 266</p> Signup and view all the answers

    What is the result of an application for initiating abstract norm control considered under certain conditions?

    <p>It may be allowable if the right conditions are met.</p> Signup and view all the answers

    Study Notes

    Abstract Norm Control Legality

    • Jurisdiction

      • The Federal Constitutional Court (BVerfG) decides whether an abstract norm control can be initiated.
      • They are responsible based on Article 93(1) No. 266 in conjunction with §13 No. 6 BVerfG6.
      • In most cases, this applies to §76(1) No. 1 BVerfG6, but not always, sometimes §66 prevails.

    • Right to Participate

      • The Federal Government, State Government, or a member of the Bundestag are authorized to initiate an abstract norm control.
      • This is according to §16(1) BVerfG6.

    • Subject of the Application

      • An abstract norm controls examines a norm to ensure its compatibility with higher-ranking laws, such as regulations, statutes, etc.
      • This means a norm must already be issued, as preventive norm reviews are not possible.

    • Right to Submit Application

      • Article 33(1) No. 266 states that discrepancies or doubts about compatibility with higher-ranking law are sufficient reasons to initiate an abstract norm control.
      • Article 76(1) No. 1 BVerfG6 specifies that the applicant must argue against conflict with the GG (German Grundgesetz) or other laws.
      • If doubts or differing opinions occur, §66 takes precedence as higher-ranking law based on §76(1) No. 1 BVerfG6.

    • Form for Application

      • The application must be written and contain justification - §23(1) BVerfG6.

    Result

    • The application for abstract norm control will be either allowed or rejected.

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    Description

    Test your knowledge on the legal framework governing abstract norm control in Germany, including jurisdiction, participation rights, and the subject of applications. This quiz covers key articles from the German Basic Law related to the Federal Constitutional Court's authority. Enhance your understanding of constitutional law and its applications in German governance.

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