29 Art. 80 GG: Issuance of Executive Orders

Abstract

This chapter discusses the relevant provisions of Art. 80 of the Grundgesetz (GG) with regard to the issuance of executive orders. Under the Grundgesetz, only the federal government, a federal minister, or state governments may create executive orders, and only to the extent that they are expressly authorised to do so by a parliamentary law. The chapter first examines the Federal Constitutional Court's jurisprudence concerning the scope of Art. 80 GG, focussing on the delegation of law-making power to the executive in the form of authorisation to promulgate executive orders. It then considers the specificity of the delegation of powers, with emphasis on the four formulas developed by the Court: foreseeability formula, autonomous decision formula, program formula and clarity formula. It also analyses the requirement of citation for authorities which create an executive order, the procedure for issuing executive orders, and executive orders which require consent by the Bundesrat.