Die Gesetzgebungstechnik der Pauschalierung und ihre verfassungsrechtliche Bewertung

The study analyses the legislative technique of simplification in a fully comprehensive way. Starting in consideration of legal theory in the first chapter, a precise definition is developed, and the use of a surrogate is worked out as a key distinguishing feature of legal generalisations. In the second chapter, the research enters new legal territory by creating a complete catalogue of existing legal simplifications in the reference material of the statutory accident insurance of SGB VII. With the different replacement features, a classification of a total of 106 simplifications is shown. In chapter three, the tension between simplification and the general principle of equality of Art. 3 Abs. 1 GG is illustrated. An analysis of the principle of equality and the findings from the first chapter lead to an investigation of the legislative technique as such and the existing schemes within the SGB VII on the basis of a three-stage test model.