1 Grundgesetz Basic Law Basics Mc 25.10.2007. 2 3 Federal Republic of Germany System and structure Germany is a federal republic made up of 16 states.

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GrundgesetzBasic 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

– 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 GermanySystem and structure

• 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 GermanyInstitutions

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 has the power to pass skeleton legislation.

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Federal Republic of GermanyAdoption of legislation

Competencies of the German Federation and the Länder• 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.

• Land laws may not conflict with federal laws. “Federal law shall take precedence over Land law.”

• 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 GermanyThe passage of federal legislation

Lawmaking• is a task performed by the country’s federal parliament

(and respectively of Land law by one of the respective 16 Land´s parliaments).

• The German Bundestag (federal parliament) is therefore the most important organ of the legislative.

• 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 GermanyAdoption of legislation

Exclusive legislation• 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.

• The Federal government holds exclusive legislative competence in the following fields (examples):

– all foreign policy issues– defence– citizenship– currency and money– the unity of the customs and trading area

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Federal Republic of GermanyAdoption of legislation

Concurrent legislation• 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.

• 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.

• Examples: – civil law– road traffic– consumer protection

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Federal Republic of GermanyThe passage of federal and Land Legislation

Legislative work in the committees• The detailed work on legislation takes place in the

permanent committees.

• 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

• 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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