Fachgesetze

Fachgesetze are sector-specific laws in the German legal system that regulate a defined policy area and implement the principles of the Basic Law within that field. They provide the detailed rules, procedures and standards necessary to govern a particular domain, complementing more general legal norms with technical or administrative content.

The creation and scope of Fachgesetze follow constitutional competence. Federal laws may regulate fields designated to the Federation by the Grundgesetz, and in areas of shared or state-specific competence, the Länder can enact Fachgesetze within their jurisdiction. The Bundestag is the main legislative body, and in areas requiring federal assent, the Bundesrat participates in the lawmaking process. Fachgesetze thus reflect the division of powers between federation and states and the distinction between general framework rules and field-specific regulation.

Examples of Fachgesetze include the Sozialgesetzbuch (SGB), which forms the core of social welfare and health regulations; the Baugesetzbuch (BauGB) for building and planning law; and various environmental, trade, or transport acts such as the Bundes-Immissionsschutzgesetz (BImSchG). Many policy areas are governed by such sector laws that, together with general administrative and procedural rules, create a comprehensive legal framework for the field.

Relation to constitutional law is central: Fachgesetze must conform to the Grundgesetz and protected civil rights. They can be reviewed by the Federal Constitutional Court, and federal supremacy applies where applicable. In practice, the term highlights the difference between broad constitutional or general legal principles and the specialized, technical provisions that govern a specific sector.

Criticism of the Fachgesetz approach points to fragmentation and complexity, as numerous domain-specific laws can complicate legal interpretation and administration. Proponents argue that Fachgesetze enable expert, field-specific regulation that better reflects policy needs.