Grundgesetz
Basic Law
Basics
Mc 25.10.2007
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Federal Republic of Germany
System and structure
Germany is a federal republic made up of 16 states
(Länder) with one federal government and one federal
parliament in addition to 16 states (Land) governments
and 16 states (Land) parliaments
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German districts are administrative units at an intermediate
level of administration between the Länder and the local /
municipal levels.
Competences of authorities are divided between Land/district
and federal level.
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Federal Republic of Germany
System and structure
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Politics takes place in a framework of a federal
parliamentary representative democratic republic,
whereby the Federal Chancellor is the head of
government, and of a pluriform multi-party system.
Executive power is exercised by the government.
Federal legislative power is vested in both the
government and the two chambers of parliament,
Bundestag and Bundesrat.
The Judiciary is independent of the executive and the
legislature.
The political system is laid out in the 1949 constitution,
the Grundgesetz (Basic Law).
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Federal Republic of Germany
Institutions
The Bundestag (Federal Parliament) is the parliament
of Germany.
Together with the Bundesrat (Federal Council), the
Federal Parliament forms the legislative branch of the
German political system.
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Bundestag: Articles 38-48 GG
• Highest constitutional organ in Germany and one of 2
chambers of Parliament.
• Legislative body directly elected by the German people
• 614 Representatives now: they serve a 4 year term
• The electoral system is a combination of proportional
representation and direct election – this mixed system was
designed to ensure that there are not too many minority parties
in the Bundestag, because this situation had assisted in the
rise of National Socialism in the Weimar Republic.
• Mixed member proportional system: Electors cast 2 votes: one
for member from his/her constituency, and the second for the
Land list (majority/proportional voting) 299 constituency 299
party 16 overhang
• Elects Chancellor (Arts. 63, 67 and 68 GG)
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Federal Republic of Germany
Institutions
The Bundesrat ("federal council") is the representation
of the 16 Federal States (Land) at the federal level.
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Bundestaat - Federal State
Art. 20 (1) GG
• The decision to make Germany a federal state was
grounded in historical experience; it was an attempt
to prevent a repeat of any government similar to the
centralized Nazi dictatorship.
• Art. 30 gives the Federation powers only where
specifically enumerated, although through
amendments to the GG there has gradually been a
shift in the balance of power toward the Federation.
• The fear of a centralized German state leading to
dictatorship led the drafters of the GG to limit the
legislative powers of the Bundesstaat to situations
specifically enumerated by the GG. In some cases
the Bundestaat’s power to legislate is exclusive, in
others, concurrent, with the lander and sometimes it
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has the power to pass skeleton legislation.
Federal Republic of Germany
Adoption of legislation
Competencies of the German Federation and the Länder
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Accordingly to the federal structure, there are federal laws
that apply for the whole territory of Germany, and Land
laws that only have validity in the respective Land.
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Land laws may not conflict with federal laws. “Federal law
shall take precedence over Land law.”
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The legislative competencies of the federal government
and the Länder are regulated in detail by the Basic Law.
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Federal Republic of Germany
The passage of federal legislation
Lawmaking
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is a task performed by the country’s federal parliament
(and respectively of Land law by one of the respective
16 Land´s parliaments).
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The German Bundestag (federal parliament) is
therefore the most important organ of the legislative.
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It decides on all laws that fall within the sphere of
competence of the federal republic in a legislative
process that also requires the participation of the
Bundesrat (federal council).
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Federal Republic of Germany
Adoption of legislation
Exclusive legislation
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In the fields subject to the exclusive legislation of the
Federal government, the Länder only have the power
to adopt legislation where they are expressly
empowered to do so by a federal act.
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The Federal government holds exclusive legislative
competence in the following fields (examples):
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all foreign policy issues
defence
citizenship
currency and money
the unity of the customs and trading area
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Federal Republic of Germany
Adoption of legislation
Concurrent legislation
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In fields subject to concurrent legislation, the Länder
have the right to adopt legislation provided and in so
far as the federal government makes no use of its
legislative powers in the same field.
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The federal government has the right to adopt
legislation in these fields provided it is intended to
establish equal living conditions in the federal territory
or maintain Germany’s legal and economic unity.
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Examples:
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civil law
road traffic
consumer protection
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Federal Republic of Germany
The passage of federal and Land Legislation
Legislative work in the committees
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The detailed work on legislation takes place in the
permanent committees.
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In addition, the parliamentary groups form working
groups, in which they examine the issues concerned
and define their own positions.
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Summary
• The federation legislates.
• The Laender implement federal laws.
• The Laender have to pay the bill for what
the federation has ordered.
• That is not fair!
• Therefore: laws which encroach on the
Laender need the consent of the
Bundesrat
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Article 20
• Article 20 [Basic institutional principles; defense of
the constitutional order]
(1) The Federal Republic of Germany is a democratic
and social federal state.
(2) All state authority is derived from the people. It shall
be exercised by the people through elections and other
votes and through specific legislative, executive, and
judicial bodies.
(3) The legislature shall be bound by the constitutional
order, the executive and the judiciary by law and justice.
(4) All Germans shall have the right to resist any person
seeking to abolish this constitutional order, if no other
remedy is available.
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Article 20(a)
Mindful also of its responsibility toward future generations, the state shall protect
the natural bases of life by legislation and, in accordance with law and justice, by
executive and judicial action, all within the framework of the constitutional order.
Article 2
(1) Every person shall have the right to free development of his personality insofar
as he does not violate the rights of others or offend against the constitutional
order or the moral law.
(2) Every person shall have the right to life and physical integrity. Freedom of the
person shall be inviolable. These rights may be interfered with only pursuant to a
law.
Conflicts between those principles have to be settled by legislation or by the
Federal Constitutional Court.
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Fundamental Structural Principles
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Demokratie (Democracy)
Republik (Republic) limited time
Rechtstaat (Law State)
Sozialstaat (Social Welfare State)
Bundestaat (Federal State)
Protection of the Environment (Art. 20a
GG)
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Gewaltenteilung - Separation of
Powers Art. 20(2) GG
• The Basic Law allocates different tasks to
legislature, executive and judiciary
• Certain institutions are delegated as
legislative (e.g. Bundestag and
Bundesrat), executive (Bundespräsident,
Federal Government) and judicial (Federal
courts, including
Bundesverfassungsgericht - Federal
Constitutional Court)
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