1.2 The German Legal System
As an example of a national environmental legislation Germany may be used. This involves not the representation of the environmental legislation, but rather modern design possibilities will be characterized that go far beyond a simple legislative and draw among others economic means of structuring.
First, the basic rule is the protection of the environment as a national objective in the Constitutional Law (Article 20a Environmental Care Principle). I declares that "the state protects also in its responsibility toward future generations, the natural resources in the context of the constitutional order through legislation and in accordance with law and justice by the executive and the judiciary".
The legislative competence in general and, therefore also for environmental legislation rests with the federal government and the states (Länder). Contrary to the principle in Art. 30 (Competence Presumption of States) and Art. 70 para. 1 GG, according to which the countries are generally entitled to legislate, most laws are now adopted not by the State but by the federal government. With regard to the legislative competence of the respective legislative body is distinguished:
- The exclusive federal legislative competence (Art. 71, 73 GG), which relates to foreign affairs, defense and currency and monetary system. Of the
- concurrent legislation (Art. 72, 74, 74a GG), on the basis, among other
- Waste Management
- Chemical safety
- Air pollution and noise abatement and
- Nuclear safety and radiation protection (enforcement in federal order) are regulated.
