The Legal System in Germany
Marianna Gancitano and Jana Bartole
Contents
• System
• Federal State
• Relation between state and Länder
• Legislative
1. Bundestag
2. Election of the Bundestag
3. Bundesrat
4. Legislative Process
• Executive
1. Head of State
2. Head of Government
3. Constructive Vote of no confidence
• Basic Law
• Judiciary
• Foreign Relations
System
• Federal parliamentary republic
• Legislative power is vested in Bundestag and
Bundesrat
• Multi-party system
• Judiciary independent of executive and
legislature
• Divided powers between the federal and state
levels and between executive, legislative and
judiciary
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.
The Federal State
Federal State
• Former Princedom
• After Second World War 1945 territorial
redevelopment
• After reunion 1989 integration of the 5 new
Länder
• Legislative competences shared
• Own constitution  minimal accordance with
the Basic Constitutional Law
Relation between state and Länder
• Services of public charges are divided
between the levels
• Every level receive part of the income tax
•  Länder 42.5 %, other incomes by special
Ländertaxes
•  State 42.5 %, other incomes by different
taxes
Bundestag
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•
•
•
•
Was establishes in 1949
More powerful than the Bundesrat
Directly elected by the German people
4 year term
Personalised propotional representation
Article 38 [Elections]
(1) Members of the German
Bundestag shall be elected in
general, direct, free, equal, and
secret elections. They shall be
representatives of the whole
people, not bound by orders or
instructions, and responsible only
to their conscience.
(2) Any person who has attained
the age of eighteen shall be
entitled to vote; any person who
has attained the age of majority
may be elected.
(3) Details shall be regulated by a
federal law.
Election of the Bundestag
Bundesrat
•
•
•
•
Representative legislative body of the 16 Länder
Assistant the legislation
Administration of the federation
Controll that the legislation of the federation is
not cutting the competences of the counties
• Every County has between 3 and 6 members
• Same amount of votes
• Meetings every 3 weeks
Executive
• Head of state: president of Germany
• His role is more ceremonial
• by his actions and public appearances,
represents the state itself, its existence, its
legitimacy, and unity
• involves an integrative role and the control
function of upholding the law and the
constitution
• "political reserve function" for times of crisis
• gives direction to general political and societal
debates
• has some important „reserve powers“ in case
of political instability
• all federal laws must be signed by the
President before they can come into effect
• can only veto a law that he believes to violate
the constitution
Executive
• Head of government: federal chancellor
• Elected by the Bundestag
• cannot be removed from office during a fouryear term
• unless the Bundestag has agreed on a
successor
• Constructive vote of no confidence
Constructive vote of no confidence
• Allows a parliament to withdraw confidence from
a head of government only if there is a positive
majority for a prospective successor
• Supported by a quorum of deputy
• Application of constructive vote of no confidence
• A failure of a motion of confidence doesn‘t mean
automatically the resignation of the cabinet or
new elections  may continue as a minority
government
• Constructive vote of no confidence:
nomination of new candidate
• Destructive vote of no confidence: no
nomination of new candidate
Article 67. (1) The Bundestag can express its lack of
confidence in the Federal Chancellor only by electing a
successor with the majority of its members and by requesting
the Federal President to dismiss the Federal Chancellor. The
Federal President must comply with the request and appoint
the person elected.
(2) Forty-eight hours must elapse between the motion and the
election.
Article 68. (1) If a motion of a Federal Chancellor for a vote of
confidence is not assented to by the majority of the members
of the Bundestag, the Federal President may, upon the
proposal of the Federal Chancellor, dissolve the Bundestag
within twenty-one days. The right to dissolve shall lapse as
soon as the Bundestag with the majority of its members elects
another Federal Chancellor.
(2) Forty-eight hours must elapse between the motion and the
vote thereon.
Executive
• Cabinet
• Chancellor and Ministers
• is the chief executive body of the federal
republic of Germany
• Ministers are chosen by the Chancellor
• fundamentals of the cabinet's organization are
set down in articles 62–69 of the Basic Law
Basic Law
• Was approved on 8 May in 1949 in Bonn
• Authors want to ensure that a potential dictator would
never again have the chance to come into power in the
country
• Some of the Basic Law based on the Weimarer
Republic Constitution  human rights and human
dignity was made the central and core part
• The principles of democracy, republicanism, social
responsibility and federalism are the key components
 These principles are constitutionally entrenched and
can‘t be removed or repealed by the normal amendment
process
Judiciary
• judicial system comprises three types of courts
and is a civil law:
1. Ordinary courts: dealing with criminal and most
civil cases; Federal Court of Justice of Germany
is the highest Ordinary Court
2. Specialized courts hear cases related to
administrative, labour, social, fiscal and patent
law
3. Constitutional courts focus on judicial review
and constitutional interpretation; The Fedral
Constitutional Court is the highest court
Bundesverfassungsgericht
• Highest law for the Basic Law
• Two senates
• Election of the judges by Bundesrat and
Bundestag
• Compatibility of legislation with the basic law
• Conflict between public organes
• Only organ that can prohibit parties
Foreign relations
• Member of: NATO defence alliance, OECD, G8,
G20, The World Bank, IMF, European Union
• Largest contributor to the budget of the
European Union (27%)
• Third largest contributor to the budget of the
United Nations (8%)