Gesetzesrang

Gesetzesrang, also known as the hierarchy of norms, refers to the order of legal authorities within a legal system and the principle that higher-ranked norms prevail over lower-ranked ones. In German constitutional law, this concept explains how different kinds of legal acts relate to one another and which norms must be followed when conflicts arise.

The core of the Gesetzesrang is the Verfassung, the constitution, in Germany the Grundgesetz. The Grundgesetz is the supreme legal authority, and all other norms—federal laws, state (land) laws, and subordinate rules—must conform to it. Below the constitution sit federal and state laws (Bundesgesetze and Landesgesetze), which themselves must align with constitutional provisions. In areas of exclusive federal competence, federal laws prevail over state laws; in other areas, both can operate, subject to constitutional limits and judicial review.

Below statutes are Rechtsverordnungen, or ordinances, which implement or detail statutory provisions and are issued by executive authorities. Local or municipal rules, or Satzungen, regulate matters within cities or counties under the framework of higher norms. Administrative actions and judicial decisions also interact with the norm hierarchy, guided by the principle that no norm may conflict with a higher-ranking norm.

Enforcement and interpretation are primarily handled by the judiciary, notably the Federal Constitutional Court (Bundesverfassungsgericht) in matters of constitutional compatibility. The Gesetzesrang can also interact with European Union law, which, in areas of EU competence, can take precedence over national law according to the principle of primacy of EU law.

Overall, Gesetzesrang ensures legal coherence by establishing a clear, hierarchically ordered framework for norms and their application.