Subsidiaritätsprinzip(ien) im Natur- und Heimatschutzrecht

This article examines the ways in which the principle of subsidiarity is expressed in nature and cultural heritage protection law. The constitutional principle of subsidiarity effects the financing of nature and cultural heritage protection, particularly the payment of federal contributions to the cantons. For the distribution of tasks and costs between the Swiss Confederation and the cantons, this article refers to the principle of subsidiarity in the strict sense (sensu stricto). The principle of subsidiarity in the wider sense (sensu lato) applies to the choice of specific protection measures under the Federal Act on the Protection of Nature and Cultural Heritage (NCHA). As will be shown in the following, the two types of subsidiarity principle differ in particular in their scope of application, as the principle of subsidiarity in the strict sense relates to the state level between the Confederation and the cantons, whereas the principle of subsidiarity in the wider sense generally relates to the relationship between the state and private parties.