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The Bundesrat and the Federal System

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The Bundesrat and the Federal System Infographics Contents The five permanent constitutional bodies of the Federation 4 The Bundesrat is one of the five permanent constitutional bodies The State and Federalism Twofold separation of powers in the federal system 7 of the Federal Republic of Germany. In Germany’s federal system, The Bundesrat Federal constitutional body 5 the Bundesrat represents the 16 federal states as constituent Federalism – Unity in diversity 6 Seats in the Bundesrat reflecting federal state elections 17 states within the overall state, the Federation. Advantages of the federal system vis-à-vis the unitary state 9 The Mediation Committee – Finding compromises 30 and the Federal System Disadvantages of the federal system? 11 A bright future for federalism 11 Steps in the legislative procedure pursuant to the Basic Law 41 While the Bundesrat functions as a link between the Federation Clear responsibilities and interdependencies 12 Bundesrat consent when Länder interests are affected 47 and the federal states, it is simultaneously a counterweight to Consent or veto for international agreements 51 the Bundestag and the Federal Government. Within the federal The Bundesrat of the Federal Organisation and working methods system, separation of powers entails oversight of how power Continuity and stability in the democratic federal system 63 Republic of Germany The Bundesrat’s seat – The plenary session 16 Link between the Federal Government and the federal states 67 is used. That exemplifies stability in federal democracy. Distribution of votes 18 Bundesrat – A statistical overview 70 The Members 19 This brochure offers a sound, factual overview of the Bundesrat’s The federal legislative procedure 72 President and Presidium 20 organisational structure and complex remit, complete with Voting 22 explanatory infographics. The Plenary Session 24 Published by: The Committees 26 The Chamber of European Affairs – A small-scale Bundesrat 27 Bundesrat The Mediation Committee 28 Press and Communication Division Working methods in the Bundesrat 31 11055 Berlin Tel.: +49 30 189100-0 The Bundesrat’s responsibilities E-mail: [email protected] The Bundesrat – A federal body 38 www.bundesrat.de Actively shaping policy 38 Bundesrat coordination: Press and Communications Division 1. Position on government draft legislation 39 English translation: Helen Ferguson 2. Referral to the Mediation Committee 39 3. Decisions on consent bills 40 Concept & Design: EYES-OPEN – Agency for communication 4. Involvement in objection bills 43 Sabine Dittrich, Martin Jagodzinski 5. Bundesrat legislative proposals 44 Photo credits: Bundesrat (p. 49, 69), Dirk Michael Deckbar (title page, p. 8, 6. Statutory instruments 44 13, 14/15, 25, 33, 34/35, 36/37, 45, 53, 54/55, 57, 64), photothek.net/ 7. Consent to general administrative regulations 46 Florian Gärtner (back cover, p. 2/3, 23, 60), picture alliance/ 8. Participation in European policy issues 46 Christoph Soeder (p. 29), picture alliance/Kay Nietfeld (p. 43) 9. Participation in foreign affairs 50 Bundestag eagle: Created by Prof. Ludwig Gies, 10. Right to be informed by the Federal Government 50 2008 version: buero uebele, Stuttgart 11. Other tasks – Appointment of officials 52 Print: PIEREG Druckcenter Berlin GmbH The Bundesrat’s role Berlin 2020 – 15th edition Democratic order – Separation of powers 56 Further information on the Bundesrat’s work Decision-making as a federal constitutional body 56 is available free of charge from: Decision-making as a political constitutional body 59 Counterweight exercising oversight of the Federation 61 Bundesrat, Press and Communications Division, 11055 Berlin Counterweight and corrective for Bundestag decisions 62 or on the website: https://www.bundesrat.de/EN/homepage/homepage-node.html Linking the Federation and the federal states 66 You can follow the Bundesrat: Continuing a positive tradition – Forerunners of the Bundesrat 66 Twitter App @bundesrat bundesrat.de/infoapp Instagram Newsletter Bundesrat @bundesrat www.bundesratkompakt.de 11055 Berlin www.bundesrat.de YouTube @BundesratDeutschland The Coats of Arms of Distribution of Votes in the Bundesrat the 16 Federal States 69 votes in total Second reading in Mediation procedure Further deliberations Bundesrat objection Bill adopted/rejected Counter-signature Enactment and promulgation Population in millions (M) the Bundesrat Baden- Würemberg Bavaria Area: 35,748 km² Area: 70,542 km² Baden-Württemberg 11.1 M Consent bills Bill Bavaria 13.1 M Consent Berlin 3.7 M Berlin Brandenburg Area: 891 km² Area: 29,655 km² Request to convene Brandenburg 2.5 M Consent withheld Agreement Unamended Enactment Bremen 0.7 M Bremen Hamburg Area: 755 km² Area: 419 km² Hamburg 1.8 M Kiel Request to Mediation Hamburg Amendment convene Committee Schwerin Hesse 6.3 M Bremen Berlin Mecklenburg- Hannover Objection is not Federal Government Hesse Western Pomerania Potsdam Bill not adopted Magdeburg overturned Federal President Area: 21,116 km² Area: 23,295 km² Mecklenburg-Western Pomerania 1.6 M Approval Unamended Düsseldorf Enactment Dresden Objection is Erfurt Objection Lower Saxony 8.0 M overturned Wiesbaden North Rhine- Mainz Lower Saxony Westphalia Bundesamt für Kartographie und Geodäsie North Rhine-Westphalia 17.9 M © Area: 47,710 km² Area: 34,112 km² Saarbrücken Approval Stuttgart Munich Kartengrundlage: Rhineland-Palatinate 4.1 M Bill Saarland 1.0 M Objection bills Rhineland-Palatinate Saarland Area: 19,858 km² Area: 2,571 km² Saxony 4.1 M 4 5 6 7 8 9 10 All bills approved by the If the Bundestag and Bundesrat If the Mediation Committee A Bundesrat objection can be A law can be adopted if the The bill is counter-signed by The bill is subsequently transmitted Bundestag are transmitted to are not in agreement concerning a proposes that changes be made overturned by the Bundestag Bundesrat consents to it, the Federal Chancellor and the to the Federal President for the Bundesrat (second reading). draft bill, the matter may be referred to the bill, Bundestag confirmation with an absolute majority, i.e. the does not request referral to relevant minister. enactment. It is promulgated in Saxony-Anhalt 2.2 M The Bundesrat’s scope for parti- to the Mediation Committee. is needed to adopt this proposal. majority of Bundestag members. the Mediation Committee the Bundesgesetzblatt and can Saxony Saxony-Anhalt cipation depends on whether Its role is to find a compromise. The Bundesrat must also delibe- If a two-thirds majority supports (approval), does not raise an subsequently enter into force on the the bill is a consent bill or an The Mediation Committee com- rate once again on this proposed the objection in the Bundesrat, objection when a mediation date stipulated by the legislator. Area: 18,450 km² Area: 20,454 km² Schleswig-Holstein 2.9 M States with more than objection bill. The Basic Law prises 16 Bundesrat members amendment. If the Mediation a two-thirds majority is also procedure has been concluded 2 million inhabitants explicitly lists the categories and 16 Bundestag members. The Committee does not propose any required in the Bundestag to or if the Bundestag overrules have four votes of bills that require Bundesrat Bundesrat can request that it be changes to the bill, it is only trans- overrule this objection. the objection. A law cannot be consent. Bills that do not fall convened and, if the Bundesrat mitted to the Bundesrat for further adopted if consent is withheld Thuringia 2.1 M States with more than into one of the categories withholds its consent to a consent deliberations. The Bundesrat (possibly after one or several 6 million inhabitants enumerated there or do not bill, the Bundestag and Federal may then decide whether it mediation procedures) or if the have five votes Schleswig-Holstein Thuringia address one of the subject Government may also refer the will approve the bill or raise Bundestag does not overturn Area: 15,804 km² Area: 16,202 km² States with more than areas cited are classed matter to the Mediation Committee. an objection, whether it will an objection. Each state has at Total population in 7 million inhabitants as objection bills. That means that several mediation consent or withhold its consent. least three votes Germany: 83.1 M have six votes procedures are possible. Population figure (status 30.06.2019) – Source @ Statistisches Bundesamt 2019 Population figure (status 30.06.2019) – Source @ Statistisches Bundesamt 2019 Map based on data from: Bundesamt für Kartographie und Geodäsie The Bundesrat and the Federal System The Bundesrat of the Federal Republic of Germany Author: Dr Konrad Reuter Published by: Bundesrat, Press and Communication Berlin 2020 – 15th edition The State and Federalism The Bundesrat’s meaning and significance arise advantages and disadvantages of federalism compared from Germany’s federal system. That is why this to more centralised systems. This analysis will reveal the brochure begins by describing the basic features crucial role of the twofold separation of powers for the of federalism. That entails addressing the functioning of a democratic state with a federal system. The five permanent Federal constitutional bodies of constitutional body the Federation The Bundesrat is one of the five permanent The best way to understand the significance constitutional bodies of the Federal Republic of this constitutional provision is to first of Germany, alongside the Federal President, consider its background: the way in which Federal President the Bundestag, the Federal Government the state is structured, with the Federation, and the Federal Constitutional Court. or central tier of government, and the Bundestag The Bundesrat acts as a representative of federal states – the particular form of the Länder (federal states) at national level federalism that exists in Germany. and participates in decisions on policy Federalism, the form of state organisation Federal Government adopted at this level i.e. by the Federation as adopted in Germany, creates state unity a whole. It thus acts as a counterweight to yet also sets boundaries to ensure that Bundesrat the Bundestag and the Federal Government, the notion of unity is not given excessive which are the political bodies that represent weight.
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