Emil Lederer’s 1920 commission speaking turn on coal mining is a brief clarification of wording and legislative competence. He first stresses the qualifier “existing,” then explains that a requirement to act through legislation does not itself determine which level of government must legislate:
Es heißt auch: durch Gesetz; was so zu verstehen ist: wenn das Land zuständig ist, durch Landesgesetzgebung; wenn das Reich zuständig ist, durch Reichsgesetzgebung.
English translation: It also says: by law; this is to be understood as follows: if the Land has jurisdiction, through Land legislation; if the Reich has jurisdiction, through Reich legislation.
His intervention distinguishes the prescribed legal instrument from the allocation of jurisdiction. The excerpt does not identify what “existing” qualifies or establish which authority is competent in the particular case.
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