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[2014] Grundfragen der Verwaltungsvorschriften

2014, Juristische Ausbildung (JURA) 2014, pp. 678-688

https://doi.org/10.1515/jura-2014-0079

Executive orders ("Verwaltungsvorschriften"), as opposed to delegated legislation ("Rechtsverordnungen"), are not normally treated as fully-fledged norms in German legal discourse. While this distinction is entrenched in some statutory provisions and thus forms a part of the positive law, the distinction should not be allowed to overshadow the common nature that all executive orders and delegated legislation share from modern legal theory's point of view. The present paper outlines the legal framework of executive orders in terms of binding effect, limits to their enactment, and their role in administrative courts--thereby trying to illustrate how questions of black-letter (administrative) law can be discussed and resolved with concepts of legal theory in mind.