@article{gärditz2020landesrechtliche author = {Klaus Ferdinand Gärditz}, title = {Landesrechtliche Abweichungen von der Bundeskom­pen­sationsverordnung als föderales Verfassungsproblem}, journal = {Zeitschrift für Europäisches Umwelt- und Planungsrecht}, volume = {18}, number = {4}, year = {2020}, abstract = {In 2006, the German federalism reform has reshaped the architecture of legislative competences, which are accurately distributed between the Federation (Bund) and the constituent States (Länder). The former framework competence was abolished and replaced by a competing legislative competence of the Federation pursuant to Article 72 of the Basic Law (Grundgesetz, i.e. the Constitution). In some areas – like in nature conservation law – the constituent states can overrule federal legislation by replacing federal statutory law with state law. Recently, some constituent states moved preventively and empowered their governments to enact ordinances, outlawing future federal legislation regarding the compensation of infringements in nature and landscape, an elaborate mechanism developed by German federal law. This analysis – which is based on a legal expert opinion for the federal administration – discusses whether such preventive blanket empowerments of state governments remain within the constitutional competences vested in the states.}, url = {} }