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

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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 Amendment Hamburg 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 North Rhine-Westphalia 17.9 M Area: 47,710 km² Area: 34,112 km² Saarbrücken Approval Stuttgart Munich Kartengrundlage: © Bundesamt für Kartographie und Geodäsie 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. It is also an expression of the this central federal tier. At the same time, federal system and thus the federal Federal Constitutional Court the Bundesrat also provides a link between order of the Basic Law, as laid down the Federation and the federal states. The in Article 20 (1), Basic Law. Basic Law describes its status and function in Article 50, which since 1992 has also referred explicitly to the European policy dimension:

Article 50, Basic Law Article 20 (1), Basic Law

“The Länder shall participate “The Federal Republic of through the Bundesrat in the Germany is a democratic and Berlin legislation and administration social federal state.” of the Federation and in matters concerning the European Union.” Karlsruhe

4 5 Federalism Twofold separation of powers Unity in diversity in the federal system

The term federalism (from Latin foedus: constituent states. As a result, in a federal “league”, “alliance” and “pact”) refers to an system many aspects are harmonised, organisational principle in which essentially yet many also differ. Unity in diversity is equal, independent state units come the essential principle in every true Federation together to form an overarching political federal state. Participation of the federal states at the federal level entity. The most intensive form of such an association is the federalist state: A modern form of government several individual states forge an alliance When drafting the Basic Law in 1949, the that creates one single state structure Parliamentary Council decided to maintain Legislature Executive Judiciary (federation, union) while maintaining the federal state principle, which is tradi- Law-making Government and Administration their own characteristics as states tional in Germany. As federalism entails an administration of justice (Länder, cantons, Member States). In additional division of state power, which is keeping with the provisions of such shared between the Federal Government an alliance, the sub-units can act in unison and the federal states (“vertical separation as a single structure or separately in their of powers”), complementing the classic capacity as independent constituent states. separation of powers into the legislative, This contrasts with a looser form of asso­ executive and judiciary (“horizontal sepa­ ciation, the confederation. In that system, ration of powers”), this twofold separation the individual states retain full independ- of powers serves as an effective means to ence (sovereignty), so their union is not a prevent abuse of power. The constitution state. One example is the German Confed- even declares that this basic principle is eration, which existed from 1815 to 1866. essentially inviolable and irrevocable.

The pendant to these forms of federalism 16 federal states Article 79 (3), Basic Law states: is the unitary state (centralised state). “Amendments to this Basic Law Influence of the Federation at the federal state level Instead of independent sub-structures affecting the division of the with state status, it has only administrative Federation into Länder, their subdivisions (districts, provinces, depart- participation in principle in ments). In federalist systems, the state as In accordance with the Basic Law, the was founded, several reforms have adjusted the legislative process, or the a whole is responsible for policy areas fundamental federal structure must be how responsibilities are shared between principles laid down in Articles 1 that need to be regulated uniformly across maintained. However, reforms to recon­ the Federation and the Länder, reflecting and 20 shall be inadmissible.” the country. It should, however, do no figure relations between the Federation changing circumstances and modernising more than that, for all other policy issues and the federal states remain an option. the way in which the tiers of the state are fall within the remit of the individual Since the Federal Republic of Germany interlinked.

6 7 Advantages of the federal system ­ vis-à-vis the unitary state

Sharing power Closer to the issues In addition to the horizontal separation of In a federal system, state bodies are powers (legislature, executive and judiciary), nearer to regional problems than in more the federal system also entails a vertical centralised systems. There are no forgotten separation of powers between the state as “provincial backwaters”. a whole and its constituent states. That ensures oversight of how power is used Closer to citizens and protects against its abuse. Citizens are spared long trips to govern- ment offices. They are more likely to get More democracy in touch with politicians and the public A structure made up of smaller political authorities than in a centralised state with units fosters active participation and a distant, anonymous bureaucracy. engagement with policy, as the state’s activities are closer to hand and more Competition ­comprehensible for the public. As to the The constituent states inevitably compete quintessence of democracy, the right to with each other over ideas and concepts vote, citizens can participate on two levels; (policy-shaping within federalism). Com- in a federal system, elections are held petition is invigorating. Sharing experiences for the national parliament and for the fosters progress and helps avert undesir­ parliaments in the constituent states. able developments nationwide.

More options Solidarity This gives political parties greater oppor­ The organs of state at the federal level tunities and fosters competition, for parties and the Länder owe loyalty to the Federal in the minority nationally can nonetheless Republic and must uphold its interests assume political responsibility in the by cooperating and displaying mutual constituent states. This offers them a consideration and aid. In return, the chance to test and demonstrate their federal states are also entitled to support leadership skills and overall performance. to assist their citizens.

8 9 Disadvantages of the federal system?

Striking a balance Lack of uniformity Länder calls for cooperation, consideration, Mutual checks and balances, The federal states’ autonomy inevitably reciprocal oversight and mutual checks and consideration and pressure to leads to differences. Diversity is the oppo- balances. State activity intertwined in this compromise help prevent site of uniformity. Difficulties can arise, for way is complex and sometimes hard for the extreme positions or at least make example for school children if their family general public to understand. them more difficult to maintain. moves to another federal state. However, By striking a balance, federalism uniformity is not a value in itself – uniform Expensive thus also has a stabilising effect. regulation nationwide also has drawbacks. Running parliaments, governments and administrative structures nationally and Diversity Coordination processes within the federal states is usually held to Germany’s organisation on the basis The parliaments, governments and be more expensive than maintaining the of federal states has led to the emer- public administration at the national and corresponding institutions in a unitary state. gence of multiple economic, political federal state level must wait for input, However, this assumption is debatable, and cultural centres. That helps pre- decisions or consent from each other, as as institutions in the federal states could serve and nurture specific historical, well as conducting lengthy negotiations not simply be abolished in a more central- economic and cultural characteristics. to arrive at shared solutions. That can be ised system without being replaced in This diversity can also mean rather time-consuming. any way. In the final analysis, it remains to greater freedom. And it be seen whether gigantic central authori- helps safeguard what Complex ties with a nationwide substructure would Germans call “Heimat”: The way in which responsibilities are divided really be cheaper. a sense of feeling at home. between the Federal Government and the

That means federalism has many advantages for citizens. Like any form of government, it does however have A bright future for federalism some drawbacks too. While federalism is a longstanding histori- Even such centralised states as France, cal tradition in Germany, it also remains Spain and Italy have begun to focus a modern form of government, not least more on regionalisation, which, although because of its adaptability, even in the it does not constitute federalism, is none- 21st century. Germany is one of a number theless a step in that direction. And one of countries with a federal structure, thing is certain: a united Europe will only ­although there are pronounced differences be able to function as a federal alliance in the details of their systems. Canada, the of states, not as something akin to a USA, Mexico, Brazil, Argentina, Australia, ­centralised state. Federalism is therefore a ­India, Russia, Austria, Belgium and Switzer- form of government with a bright future, land all have a federal system. particularly in Europe.

10 11 Clear responsibilities and interdependencies

Distinct and interlinked roles mecha­nism to strike a balance: Through the The Basic Law assigns specific responsibilities Bundesrat, the federal states can influence the to the Federal Government and to the Federal Government and its policy-making. federal states (Länder) in the legislative, executive and judicial areas. Generally The Bundesrat connects speaking, the Federation is responsible for The Bundesrat is the link between the legislation in most spheres, administration is Federal Government and the federal states. essentially dealt with by the federal states Its role is to prevent irreconcilable differ­ and responsibilities in the judicial sphere ences from arising between the state as a are closely coordinated, involving both the whole and the federal states, despite the Federation and the federal states. However, emphasis on the national tier of govern- the federal states also have significant ment in the division of responsibilities. It legislative powers, especially for the Land also helps ensure the Länder do not be- constitution, for culture, science and educa- come jaded with the federal system. The tion policy, including schools and universities, Bundesrat’s mediating function determines as well as local government law and the its constitutional status and its composition: police. Similarly, the Federal Government also has a fully fledged administration in Although it is a constitutional body of certain fields, for example for the foreign the Federation, the Bundesrat is made up service, the armed forces and employment of representatives from the federal states. placement services. Through the Bundesrat’s participation in national legislation, the federal states are to some extent compensated for the As a general rule: extensive legislative competences trans- Legislation is largely within the ferred to the Federation. In addition, it remit of the Federal Government; enables them to have a say in the Federa- public administration is generally tion’s administration and participate in a matter for the federal states. deliberations on European Union affairs.

This division of responsibilities puts the The Bundesrat is a body of the federal Federal Government in a powerful position, legislature, but is made up of members of as its extensive legislative competence ­enables the executive bodies in each Land. This it to adopt uniform provisions that apply to structure means the federal states’ experience everyone across Germany, in all the federal in governance and administration can be states. However, the Basic Law stipulates a incorporated directly into federal legis­lation.

12 13 Organisation and working methods

Who are the members of the Bundesrat? Bundesrat’s members and its various organs. Who can take part in its debates and who can It describes this constitutional body’s day-to-day vote? How do its decision-making processes work, shaped by the distinctive rhythm and style function? This chapter presents the with which the Bundesrat operates.

15 The Bundesrat’s seat Seats in the Bundesrat The plenary session reflecting federal state elections Voters in each Since 1st August 2000, the Bundesrat of Procedure grant alternate members federal state has been based in Berlin, in the former the same rights as full members, all of the Prussian House of Lords building at approximately 170 members appointed Leipziger Strasse 3–4. It had previously essentially have the same rights. The Federal state met in the Bundeshaus in Bonn, in the Bundesrat is a “parliament of the federal very plenary hall where the Parliamentary state governments”. The opposition in parliament Council drafted the Basic Law in 1949. the various federal states does not have Today the Bundesrat only maintains a an opportunity to make its voice heard Federal state small local office in Bonn. directly in the Bundesrat. government The Bundesrat is tantamount to the plenary “Permanent body” assembly, which brings together all its There are no elections to the Bundesrat. The Bundesrat members. Its composition is stipulated in Bundesrat therefore does not have legis­lative Article 51, Basic Law: terms as such. In constitutional parlance it is a “permanent body”, which is renewed from time to time as a result of elections in Article 51 (1), sentence 1, the federal states. Elections to a regional Basic Law parliament, a Landtag, therefore always “The Bundesrat shall consist of have nationwide political significance too. members of the Land governments, Although voters are first and foremost which appoint and recall them.” concerned with determining the composi- tion of the parliament in their federal state That means that only politicians who belong and therefore who will govern there, their to the government in one of the federal choices also indirectly decide who will have states can be members of the Bundesrat. a seat and a vote in the Bundesrat. That is Each federal state government takes its own because the majority in each Land parliament decisions about which members will be sent establishes that federal state’s government, to the Bundesrat. However, each federal which in turn appoints members from state can only appoint as many full members among its ranks to the Bundesrat. to the Bundesrat as it has votes there. The That also underpins the Bundesrat’s demo- Depending on the size of other members of the Land governments cratic legitimacy, for its composition is its population, a federal are usually appointed as alternates, which determined through elections, expressing state has 3, 4, 5 or 6 votes in in practice means that all members of a the wishes of the electorate. The political the Bundesrat. ­federal state government generally belong power exercised by the Bundesrat to the Bundesrat. As the Bundesrat’s Rules emanates from Germany’s citizens.

16 17 Distribution of votes The Members

Federal states and This restructuring aimed to ensure that Only government members federal state’s cabinet. Their role is to population size the four largest federal states would retain Only the Minister-Presidents and Länder represent their federal state. Should all constituent states have the at least a blocking minority against ministers can be members of the Bundesrat; same number of members in the body ­constitutional amendments – more than for Berlin, Bremen and Hamburg, the Scope for a veto position representing them at the national level, a third of the votes. Article 51 (2) of the city-states, that means only the mayors If representatives from a federal state do not or is it more democratic if population size Basic Law was therefore amended in the and senators. State Secretaries at Land all vote in the same way in the Bundesrat, determines how many votes are held Unification Treaty of 31st August 1990. level may also be Bundesrat members if having failed to reach a voting agreement in by particular federal states? In 1949 the they are part of the federal state cabinet. their cabinet at Land level, that federal state’s Parliamentary Council opted to stipulate That amendment added a fourth tier to The government in each federal state adopts vote is not valid. That means those voting a tiered system in the constitution to the system, granting six votes to federal a resolution on membership; Bundesrat can veto a decision, as such non-uniform ­ensure equal treatment for the federal states with over seven million inhabitants. membership ends automatically if a member voting enables any Bundesrat member to states: As a function of each federal state’s leaves the Land government or if the latter prevent his or her federal state from voting population size, it was allocated three, revokes appointment to the Bundesrat. in favour of a motion, which may mean that four or five votes. In adopting this method, Article 51 (2), Basic Law motion does not attain an absolute majority. the Parliamentary Council picked up “Each Land shall have at least Dual function on German constitutional tradition, for a three votes, Länder with more than That means all Bundesrat members have a Bundesrat members are not remunerated ­similar tiered system was applied in the two million inhabitants shall have two-fold role. They simultaneously hold an for their work in the Bundesrat. They 1871 Bundesrat and later in the Reichsrat four, Länder with more than six office in their federal state and at Federation merely receive a subsistence allowance during the Weimar Republic. This system ­million inhabitants five, andLänder level; they are politicians in their Land and and reimbursement of travel expenses. ­also ensures that large states cannot out­ with more than seven million nationally. Bundesrat members therefore vote smaller ones. Compared with their ­inhabitants six votes.” have wide-ranging political responsibilities. Right to speak in the Bundestag population size, the smaller states received They cannot simply ignore the impact on Members of the Bundesrat enjoy an important a greater proportion of votes. national policy of decisions taken within their right and indeed privilege pursuant to The diagram on the front inside cover particular federal state, whilst they experience ­Article 43 of the Basic Law: they may attend Article 51 (2) of the Basic Law adopted by of this­ ­brochure shows how many votes first-hand in ministries in the federal states all Bundestag sessions and committee the Parliamentary Council therefore each federal state holds. The Bundesrat the consequences of policies they pursue meetings and have the right to be heard ­constitutes a compromise between aspira- has a total of 69 votes and therefore has at the national level. there at all times. Furthermore, they may tions to equal treatment for the federal 69 full members. also appoint representatives to exercise this states and the democratic ideal that the The mandate right on their behalf. Bundestag members weighting of votes should precisely That means the absolute majority needed Since each federal state must cast its votes do not enjoy similar options to be informed reflect population size in the Länder. to adopt resolutions is 35 votes. The in the Bundesrat in a uniform manner, and represented in the Bundesrat. In prac- ­two-thirds majority sometimes required individual members cannot simply vote as tice, Bundesrat members make extensive New provisions after unification signifies 46 votes in the Bundesrat. they see fit. Bundesrat membership does use of this right, which is an essential part The allocation of votes to small, medium- not mean having carte blanche, yet it is also of cooperation with the Bundestag. sized and larger federal states had to be not a binding mandate. The Bundesrat’s Dual mem­­bership of the Bundesrat and re-calibrated when the federal states from members vote in accordance with a uniform ­Bundestag is prohibited. The two offices the former GDR joined the Bundesrat. line they have worked out jointly in their cannot be combined (i.e. are incompatible).

18 19 President and Presidium

All the federal states have equal rights All the Bundesrat’s employees are Due to this representational role, in pro­ A member of the Federal Government when it comes to the Bundesrat’s most ­ultimately accountable to the President of tocol terms the President of the Bundesrat ­regularly informs the Permanent Advisory senior representative. Every year, the head the Bundesrat. The Bundesrat Secretariat, is often considered to rank as “No. 2” Council about the Federal Government’s of government from a different federal which has around 200 staff members, is after the Federal President. However, there deliberations and decisions after cabinet state is appointed by the Bundesrat to hold mainly entrusted with practical support for is no binding definition of protocol rank- meetings on Wednesdays. this office; the order in which a represen­ preparing and running plenary sessions ings in the Federal Republic of Germany. tative from each Land assumes this role is and committee meetings. It reports to the That means there is no straightforward based on the federal states’ population Secretary General of the Bundesrat. answer to the question of which of the Länder Representative Offices figures. The federal state with the largest supreme representatives of the constitu- Each federal state has a population is at the start of the rotation Powers as Head of State tional bodies – the Bundesrat, the German Representative Office in Berlin to system. This is stipulated in an agreement In addition to responsibility for the Bundes- Bundestag, the Federal Government and safeguard its interests vis-à-vis reached by the Minister-Presidents in rat, the Basic Law assigns the President of the Federal Constitutional Court – would the Bundesrat, Bundestag, Federal Königstein/Taunus in 1950. Thanks to this the Bundesrat a special role in a broader rank second after the Federal President, who Government and other relevant system, each federal state holds the context: is indisputably the highest-ranking repre- bodies based in the capital. ­Bundesrat presidency once every 16 years. sentative of the state in protocol terms. The agreement also ensures that appoint- ments to this office are not subject to Article 57, Basic Law The Bundesrat’s budget Each of these offices is headed by that “If the Federal President is unable ­shifting majorities in the Bundesrat or to The Presidium of the Bundesrat, i.e. the federal state’s authorised representative to to perform his duties, or if his party-political considerations. President and the two Vice-Presidents, the Federation, known as a plenipotentiary. office falls prematurely vacant, is responsible for drawing up the Bundesrat’s If they are members of the government in the President of the Bundesrat The President’s main duty is to convene draft budget. At around 39 million Euro, their federal state, these plenipotentiaries shall exercise his powers.” and chair the Bundesrat’s plenary sessions. “Section 03 – Bundesrat” is one of the generally also become members of the In legal terms, he or she represents the smallest budget items within the Federation’s Bundesrat. Federal Republic of Germany in all ­Bundesrat overall budget, which in 2020 amounts matters. The President of the Bundesrat is This representative role is crucial, particu- to around 362 billion Euro. assisted by two Vice-Presidents who advise larly if the Federal President is abroad or the President in the conduct of his or her is taking leave. In such cases, the President Permanent Advisory Council official duties and deputise if the President of the Bundesrat assumes responsibility, A Permanent Advisory Council, formed is not available. The President from the for example, for signing legislation, accept- by the sixteen plenipotentiaries of the previous year is always elected as the first ing diplomatic credentials from foreign federal states to the Federation, assists Vice-President, and the Minister-President ambassadors or appointing and dismissing the Presi­dium. Like the Council of Elders who will be President in the following year public officials. in other parliaments, this body advises is the second Vice-President. This procedure the President and the Presidium. Above thus entails three-year membership of all, however, it plays an important role in the Presidium, ensuring a certain degree information and coordination activities. of continuity.

20 21 Voting

Each federal state can only cast its votes ­Bundesrat session who will take charge Decisions by absolute majority uniformly, en bloc, as stipulated in the Basic of casting the votes; alternatively, members Adopting a neutral stance by abstaining – as Law. Each federal state government must may decide themselves during the plenary generally envisaged in coalition agreements therefore reach an agreement on how its session. Votes are usually cast by just one should political disputes arise – is essentially votes are to be cast before the vote is held member for each federal state, known as not an option in the Bundesrat. Pursuant in the Bundesrat. For coalition governments the vote-caster. In the vast majority of to Article 52 (3) of the Basic Law, decisions in particular, decisions on how to vote in the cases, a resolution from the federal state in the Bundesrat may only be taken with Bundesrat can prove a huge strain and even government determines how the votes an absolute majority, whilst a two-thirds become a crucial test of a coalition. are to be cast. Sometimes, however, the majority is required for constitutional amend­ cabinet grants the vote-caster leeway to ments. Abstaining therefore has the same Instruction by the federal coordinate with other federal states, offer- effect as voting against a motion – and the state government ing scope to find compromise positions specific impact of that in any particular The Bundesrat should reflect the position or take account of new circumstances that case will depend on how the motion put of the federal states rather than the views arise after the cabinet meeting. to the vote is formulated. of individual members. In addition, the system of casting votes en bloc also ensures The Basic Law expects that votes will be Votes votes cast by a federal state’s representa- cast en bloc. It does not specify precisely Voting in the Bundesrat is usually by a tives do not cancel each other out. Voting how voting should be conducted. The show of hands. As many votes have to be instructions can only be issued by the Federal Constitutional Court therefore taken in each session, the President of ­government in each federal state. As stated ruled in 2002 that another member of the Bundesrat usually simply counts the in the Basic Law, the Minister-President the Bundesrat from the same federal state votes in favour in order to determine cannot issue such instructions, despite can object at any time to the way in which if there is a majority for a motion. Votes ­being competent to issue guidance under the vote-caster has voted. If that happens, against and abstentions, which are not federal state law, and nor can the federal the vote-caster is no longer entitled to ­significant for the absolute majority, are state parliaments. However, the govern- hold this role. That means, the President therefore not recorded separately. In the ment of each Land is also accountable to of the Bundesrat accepts the vote of case of constitutional amendments and the parliament in that federal state, which an individual member as constituting a other particularly important decisions, could remove it from power in response vote for the whole federal state, unless the vote is taken by a roll-call of the federal to positions it adopts in the Bundesrat. another member of that federal state states. In this case, the votes, which are votes differently. If the votes from a federal called out, are taken in the alphabetical Voting state are not uniform, its vote is recorded ­order of the federal states and voting A federal state’s votes are cast by its as invalid; divided opinions within a ­positions are recorded in the session ­Bundesrat members. Generally, the federal federal state are not taken into account ­minutes. Secret ballots are not foreseen state governments decide before a in the Bundesrat’s voting results. in the Bundesrat’s Rules of Procedure.

22 23 The Plenary Session

On Fridays at 9.30 a.m., the Bundesrat meets Objective for its public plenary sessions, which are usu- The atmosphere during the plenary sessions ally held every three weeks. Members sit in is remarkably calm and disciplined. Heated 16 blocks of seats in the Bundesrat plenary debates, loud arguments or applause are chamber. There are no parliamentary groups. unusual. That is because the special features The seating is arranged according to the of the Bundesrat’s decision-making proce- alphabetic order of the federal states’ names dures mean that efforts to drum up votes – just like the Länder coats of arms adorning or set a particular mood are generally to the front wall of the chamber. The President, little or no avail. That makes objectivity a the Secretary and the Secretary General of top priority. The Rules of Procedure assume the Bundesrat sit in the middle of the cham- that the Bundesrat will be accommodating ber facing the members, on a slightly raised and considerate in procedural matters platform. Members or representatives of the as a matter of course and thus dispense Federal Government are seated to the right entirely with provisions on numerous of the Presidium, and Bundesrat officials to matters that are otherwise regulated in the left. Speeches are made from the lectern. parliaments. Customary Bundesrat practice is the yard­stick applied. The focus is on Agenda reaching agreements when conducting The Bundesrat’s usually substantial business rather than relying on confronta- agenda ­– with 40, 50, sometimes more tion, as, even without specific rules, no than 80 items to be addressed – is worked decision can be made by “fighting matters through with steady concentration. After out in a vote”. ­debates and individual speeches, there is generally an extensive voting session. Careful preparation of Votes on several items are combined as the votes far as possible to save time and ensure Despite this calm tone, the sessions are the number of individual votes does not anything but leisurely. The generally become excessive. large number of items on the agenda requires very strict procedures. Voting Although there is no limit on speaking time in particular is so rapid that even knowl- in the Bundesrat, speeches are nevertheless edgeable ob­ser­vers in the public gallery kept to a reasonable length. Speeches are can scarcely keep up. often “noted in the minutes” rather than being presented during the session. In most cases, a Bundesrat plenary session lasts between three and four hours.

24 25 The Committees Committee on Agriculture and Finance Committee Consumer Protection Committee on Foreign Affairs Work in the committees lies right at the Political decisions Committee on Cultural Affairs heart of parliamentary activity. Every bill is The committees naturally take political Committee on Health Committee on Defence first discussed in the committees, regard- decisions. However, the main focus is Committee on Internal Affairs less of whether it is initiated by the Federal on the substantive issues; it is all about Committee on Economic Affairs Committee on Labour, Integration Government, the Bundestag or a federal ­meticulous, practical work. The most Committee on the Environment, and Social Policy state. The draft legislation is examined minute details of draft legislation are Nature Conservation and Nuclear thoroughly by ministers from the federal discussed in the committees. This is Committee on Legal Affairs Safety states with relevant expertise or officials where the federal states can help shape, Committee on Transport instructed by them. monitor and improve federal and Committee on European Union ­European Union legislation. Questions Committee on Urban Development, Housing and Regional Planning Responsibilities Committee on Family and Senior Each federal state appoints one member The Bundesrat committees enjoy an excel- Citizen Affairs Committee on Women and Youth to each committee and has one vote there. lent reputation thanks to the expertise they The Bundesrat has 16 committees. Their bring together, which stems from experi- ­areas of responsibility essentially correspond ence in implementing legislation gleaned to the portfolios of the federal ministries. by the executive in each federal state.

Specialised committees Dialogue between the Federal The Chamber of European Affairs The federal states are usually represented Government and the federal states by their Minister-Presidents in the Foreign Part of the ongoing dialogue between the A small-scale Bundesrat Affairs and Defence Committees, which are Federation and the federal states occurs therefore known as “political committees”. in the committees. Members of the Federal In contrast, the competent ministers from Government are entitled – and, at the Decisions that are to have an external legal procedure. It is only convened at the each federal state sit on the other special- request of the Bundesrat, are obliged – to effect must be adopted by the Bundesrat express request of the President of ised committees, such as the Committee on attend committee meetings, as well as plenary session. There is one exception to the Bundesrat and is conceived to avoid Economic Affairs or the Finance Committee. plenary sessions. They have the right to this general rule: Article 52 (3a) of the Basic the need to organise special sessions of Officials or employees from theLand speak at any time. Law states that the Bundesrat may establish the Bundesrat. ministries with know-how in the relevant a Chamber of European Affairs for matters field can also stand in for the ministers. In Envoys of the Federal Government, i.e. concerning the European Union; its deci- Its meetings are public, although it may practice, specialised committees are almost public officials from national ministries, sions are to be considered decisions of the meet in camera if confidential issues are to always attended primarily by these public may also attend the meetings. As a result, Bundesrat. The Chamber deals with urgent be addressed. Each federal state appoints officials. The representatives may change the relevant experts from the executive and confidential matters pertaining to the one member of its government to the during the meeting, depending on the bodies at national and federal state level European Union, particularly draft legis­ Chamber, but has the same number of topic, to ensure that the relevant experts come together around the same table in lation. To date, the Chamber of European votes in this body as in the plenary session. from the Länder can discuss each specific the Bundesrat’s committee rooms. These Affairs has held very few meetings. The Chamber of European Affairs is thus a agenda item. meetings are held in camera, as discretion How­ever, it can also adopt decisions with- kind of small-scale Bundesrat to deal with is crucial for open and candid discussions. out holding a meeting, using a written exceptional circumstances.

26 27 The Mediation Committee

A bridge between the Party-political balance of power The Rules of Procedure stipulate that there Bundestag and the Bundesrat Members of the Committee are not bound are four potential outcomes to a mediation Legislation is developed in a cooperative by instructions. Nevertheless, majorities process: process involving both the Bundestag and in the federal states and party-political the Bundesrat. Approximately 40 percent concerns do play a role in the Mediation The Committee may recommend of all legislation – consent bills – can only Committee’s deliberations. After all, the that a bill passed by the Bundestag enter into force if both assemblies agree. Mediation Committee’s work is only be revised, i.e. that provisions not If divergences of opinion threaten to successful if its proposals are ultimately accepted by the Bundesrat be hamper adoption of a bill, the Mediation adopted by the Bundestag and the ­reformulated, that additions be Committee’s role is to reach a consensus Bundesrat. made or provisions deleted. between the two institutions. When does mediation occur? A bill passed by the Bundestag Joint Bundestag and The Mediation Committee only becomes may be confirmed. In this case, Bundesrat committee involved if it is called upon by the Bundesrat, draft amendments submitted by This is a joint committee in which the the Bundestag or the Federal Government the ­Bundesrat are rejected. Bundestag and the Bundesrat are equally to address a particular bill. Since the final represented. Each federal state has one decision in the legislative procedure lies A proposal may be made that the seat. As there are 16 federal states, the with the Bundesrat, it is typically also the Bundestag repeal the bill in question. committee thus has 32 members. body that refers disputes to the Mediation This signifies that the Bundesrat has The 16 Bundestag seats are allocated to Committee. The Bundesrat can request rejected a bill in its entirety and has its parliamentary groups as a function of that any bill adopted by the Bundestag be succeeded in having this position the size of each group. A named alternate addressed by the Mediation Committee. upheld in the Mediation Committee. is appointed for each member but may The Bundestag and the Federal Govern- only attend meetings if the member they ment may only convene the Committee if The proceedings may be concluded represent is unable to attend. the Bundesrat has withheld its agreement without a mediation proposal. to a consent bill. A series of three mediation This occurs, for example, if a tied vote Each parliamentary group and each of procedures may in some circumstances be means it is not possible to reach a the federal states may replace their repre- required for this category of bills. That is majority decision in the Committee. sentatives at most four times during a however the upper limit, for each constitu- Bundestag legislative term. The meetings tional body is only entitled to refer the The Mediation Committee may only make are strictly confidential. One Bundesrat same bill to the Committee once. Media- proposals to resolve conflicts between the member and one Bundestag member tion Committee decisions are taken on a Bundesrat and Bundestag but cannot serve as committee chairs. They take majority basis. That means all members do adopt bills itself. It is not a “superordinate turns in heading the meetings every not by any manner of means have to support parliament”. three months and each can stand in a particular “mediation proposal” – the term for the other. used to describe all the Committee’s decisions.

28 29 The Mediation Committee Working methods Finding compromises in the Bundesrat

Two factors characterise the Bundesrat’s in which the Bundestag sits. Before each way of working and distinguish it from plenary session, the Federal Government other legislative bodies: the twofold func- and the Bundestag submit their legislative Building tions of its members and the deadlines proposals to the Bundesrat in accordance set for most decisions. As a consequence, with the respective six-week and three- bridges Reaching the bulk of the Bundesrat’s work is done week consultation periods. These draft in the federal states’ capitals rather than at bills are immediately allocated to the relevant agreement its seat and faces permanent time pressure. committees, printed and forwarded to the members. Deliberations in the committees Tight deadlines for deliberations must be concluded two weeks before the The Bundesrat has extremely short dead- plenary session. That makes for a tight lines for deliberations on legislation. As timeframe to examine the proposed legi­s­ a rule, six weeks are scheduled for the first lation. It means committees have three reading of Federal Government bills and weeks to appraise draft bills from the Federal three weeks in the second reading, which Government and less than a week to con- considers the version of the bill approved sider Bundestag legislative resolutions. by the Bundestag. The Bundesrat has two weeks to raise objections. These tight Preparatory work in ­deadlines mean the Bundesrat must work the federal states Bundestag Bundesrat at a strenuous pace. If a bill is particularly These extremely short deadlines are only voluminous, the Bundesrat may exception- viable because Bundesrat members and ally request nine weeks for deliberations. experts from the federal states’ ministries It also has a nine-week deadline to comment obtain information through other channels Negotiating on proposals concerning amendments to beforehand. This is crucial, as the ministries the Basic Law or transfer of sovereign rights in each federal state need to reach an Discussing fairly to the European Union or intergovern­ agreement on their federal state’s position mental organisations. before the Bundesrat committee meeting. frankly If there are political issues, the cabinet in Around 11 plenary sessions a year each federal state also needs to address The plenary sessions are held every three the broad outline of the draft bill. However, weeks, about 11 times a year, always on a the real groundwork for decisions on Friday. The dates of plenary sessions are legislation can only be completed in the stipulated in advance for each calendar Bundesrat committees. year with due consideration to the weeks

30 31 Political decision-making session with the Bundesrat committee by governments in the secretaries again in the light of the cabinet federal states deliberations. At this stage, the federal Voting recommendations for the plenary states use various channels to seek allies session are drawn up on the basis of for their position. intensive discussions in the Bundesrat committees between committee members A brief confidential meeting of Bundesrat and their representatives (public officials). members, known as the preliminary The secretary of the lead committee for discussion, is organised immediately each bill compiles an official recommenda- before the plenary session. tions document, which forms the basis for further decisions in the federal states’ Resolutions and capitals. In formal terms, the cabinet in Official Documents each federal state is now responsible for The Bundesrat adopts resolutions on the addressing all the draft legislation and various draft bills in the plenary session, recommendations on the Bundesrat’s which is open to the public. These are agenda. In practice, however, other bodies transmitted to the Federal Government or at public-official level are involved prior to other competent bodies on the same day this, which means the cabinet need only and are subsequently published as an take decisions on particularly significant or official printed document along with the controversial issues. The cabinet in each minutes of the session; both are also federal state stipulates on a case-by-case available online. In the following week, basis whether Bundesrat members from the committees generally begin work in that Land will be bound by instructions, preparation for the next plenary session. how the votes are to be cast and whether additional motions should be introduced.

Seeking alliances Two days before the plenary session, the officials responsible for liaison with the Bundesrat from the federal states’ Representative Offices discuss the ­plenary

32 33

The Bundesrat’s responsibilities

The constitution mandates the Bundesrat Further details on the responsibilities this to participate in the Federation’s legislation entails are stipulated in specific provisions and administration, as well as in policy in the Basic Law. This chapter describes on European Union affairs. these responsibilities.

36 37 The Bundesrat A federal body

The Bundesrat is a body involved in Feder- problems or concerns the federal states 1. Position on government draft legislation ation policy, in other words, policy at the might wish to address in a harmonised national level that concerns Germany as a or coordinated manner, such as the dates The Bundesrat has the “first say” on the substantive issues with their national whole. Although the Bundesrat is often for school holidays. Agreeing on such on government draft legislation. counterpart, the Federal Government. referred to as the chamber of the federal matters is eminently sensible. Issues such In the Federal Republic of Germany, most The Bundesrat’s checks-and-balances role states, it is not a body at the federal-state as the “holiday schedule” are however bills originate from the Federal Government. within the federal system of government is level of the system. The Bundesrat’s agreed solely by the Standing Conference The Bundesrat has the “first say” in parlia- particularly apparent here. role as a federal body extends exclusively of Ministers of Education of the Federal mentary examination of this proposed to exercising powers at the federal States without any Bundesrat involvement. legislation. The Basic Law stipulates that The Bundesrat examines the draft bills in (i.e. national) level. There are specific Conference of Ministers the Federal Government shall first submit its committees, taking all constitutional, like this for all the ministries, with a similar its draft bills to the Bundesrat. Only the technical, financial and political aspects into Responsibilities of the Federation format for the heads of government in draft budget is submitted simultaneously account. It very often proposes amend- and the federal states the Länder: the Conference of Minister- to the Bundesrat and the Bundestag. The ments, additions or alternatives. Frequently The Bundesrat has no competence to deal Presidents. There is no institutional link Bundesrat is entitled to comment on these the Bundesrat’s opinion is simply that it has with areas within the remit of the Länder. between these Conferences of Ministers proposals within six weeks, in certain cases “no objections”; only rarely is there no vote. That means it is not a coordinating body for and the Bundesrat. within three or nine weeks. The Bundesrat At this stage in the legislative procedure, the makes use of this right in virtually all cases. Bundesrat’s assessment of a bill is not yet binding on the Federal Government and the A large part of the Bundesrat’s work consists Bundestag. However, this first opinion is an Actively shaping of scrutinising government draft bills and important indicator of what the Bundesrat’s seeking amendments to them through the position will be when it has the last word policy position it adopts. The experience and in the second reading. The Bundesrat’s insights the federal states have gleaned by opinions can therefore not simply be ignored.­ implementing legislation, almost all of The Federal Government responds in a State activity by the federal level This, however, does not merely mean that which is enforced by them, are incorporated written counter-statement. The draft bill, the The Bundesrat’s responsibilities pertain to the Bundesrat can support and advise; into national legislation in this “first round”. Bundesrat’s opinion and the government’s national legislation, administration and it also involves a much more active role in In this context, the executive bodies in the counter-statement are sub­sequently sub- policy relating to the European Union, in shaping policy and can in some cases federal states engage in intensive dialogue mitted to the Bundestag. other words, the whole sphere of state signify that the Bundesrat is empowered activity by the federal level in crafting policy. to take decisions on its own. Specific Article 50 of the Basic Law refers to the ­provisions in the constitution define the 2. Referral to the Mediation Committee Bundesrat’s participation. details of this participation. The President of the Bundestag must submit “second round” the issues are again first all legislative decisions adopted by the discussed in the committees. They examine Bundestag to the Bundesrat. During this in particular whether the Bundesrat’s

38 39 opinion in the “first round” has been taken the matter to the Mediation Committee Steps in the legislative procedure into account and whether the Bundestag has within three weeks. Its request for referral, adopted any amendments. If the Bundestag’s which must be adopted by an absolute pursuant to the Basic Law legislative decision is based on a draft bill majority in the Bundesrat’s plenary session, initiated by the Bundestag – i.e. an initiative includes specific proposals for amendments from a parliamentary group – only this along with detailed substantiation of Legislative Procedural steps Enactment “second round” occurs, although that term these. The Bundesrat may however also initiative is actually a misnomer in this case. request more general referral of a bill to the ­Mediation Committee, with a view If the Bundesrat does not agree with a bill to ensuring that this legislation is funda- as approved by the Bundestag, it may refer mentally revised. Draft bill

3. Decisions on consent bills Opinion from the Bundesrat Bills that have a special bearing on the Bills that have a particular impact on Federal Government ­interests of the federal states cannot be- the finances of the federal states. These come law unless the Bundesrat gives its include primarily legislation relating Legislative decision ­express approval. If the Bundesrat votes to taxes for which revenue accrues to by the Bundestag definitively against this type of bill, it the federal states or local authorities: ­cannot be adopted. This rejection cannot for example, wage and income tax, Second reading in Federal President be overturned by the Bundestag. The only value-added tax and corporation tax. the Bundesrat option available to the Bundestag and the Federal Government to salvage the bill is Bills that impinge on the administrative to seek an agreement with the Bundesrat sovereignty of the federal states. Bundesrat Mediation procedure by referring the matter to the Mediation Committee. In the case of consent bills, the A single provision may trigger a require- Renewed deliberations Bundestag and Bundesrat must therefore ment for Bundesrat consent to the bill as in the Bundestag / agree before legislation can be adopted. a whole, for example if the provision in Bundesrat Bill question affects the federal states’ finances. The provisions of the Basic Law indicate That also holds true if national legislation Adoption / rejection which bills require Bundesrat consent. requires the federal states to adopt certain of a bill They can be classified in three groups: provisions on competences, forms, dead- lines or new administrative bodies and does German Bundestag Counter-signature Bills amending the constitution or not offer scope for legislation at federal- transferring sovereign rights to the state level to diverge from this. As a result European Union. These require a of specific individual provisions like this, two-thirds majority vote of the even bills that in essence do not affect Bundesrat in favour of adoption. the federal states’ interests may require A detailed overview of the steps in the legislative procedure is presented on Bundesrat consent. the brochure’s inside back cover.

40 41 When is a bill a consent bill? Significance 4. Involvement in The Bundesrat can only accept or reject a The Bundesrat’s constitutional status and objection bills bill in its entirety, but cannot partially significance are primarily rooted in its right reject a bill i.e. it may not simply delete of co-decision on consent bills. The Bundesrat is also involved in the genesis individual provisions. of bills that do not require its consent – This right means the Bundesrat has a great objection bills. For this category of bills, If there is any dispute as to whether deal of influence on legislation, as in however, it can only vigorously urge the ­Bundesrat consent is required for a specific practice almost 40 percent of federal bills Bundestag to adopt a particular approach. bill, a decision on this point is taken in the are consent bills. That means the Bundestag If the Bundesrat submits an objection first instance by the Federal President when cannot legislate alone here, but must within a two-week deadline after media- it is promulgated. If differences of opinion consider the Bundesrat’s opinion. tion proceedings have concluded, the on this issue persist, the Federal Constitu- Bundestag must re-examine the bill. If the tional Court must decide on the matter. However, the Bundesrat cannot have Bundestag does not share the Bundesrat’s It may also rule on whether the Bundesrat’s an impact on its own either; voting against reservations, it can override the Bundesrat’s right of consent has been inadmissibly a bill merely hinders its adoption but objection with an absolute majority of circumvented in a particular case. does not contribute actively to shaping votes in the Bundestag (which is known as a policy area. Both assemblies therefore “the chancellor’s majority”). Bills that have only been categorised as need to seek a fair balance of interests. consent bills due to their procedural They are expected to show mutual under- If the Bundesrat has decided on the provisions are sometimes divided into a standing and consideration, recognising ­objection with a two-thirds majority, procedural bill that requires Bundesrat these values as political imperatives in the Bundestag also needs a two-thirds consent and a bill on substantive matters the federal system. That certainly holds ­majority of the votes cast to reject the that does not. While the Bundesrat may true in practice: very few bills have objection; that must also represent at least object to the substantive bill, this objection failed because the Bundesrat withheld a simple majority of Bundestag members. can be overturned by the Bundestag. The its consent. Federal Constitutional Court’s case law states If the objection is overridden, the bill in that bills may be divided like this at the question can be promulgated. However, legislator’s discretion. To date, the Federal if there is not a sufficient majority in Constitutional Court has not ruled on the the Bundestag to reject the objection, specific extent of these discretionary powers. the bill cannot become law, as is also the case if the Bundesrat definitively The Bundesrat considers that the system rejects a consent bill. has been applied inappropriately if the bills ought to be combined in a single piece of legislation due to the subject-matter addressed.

42 43 5. Bundesrat legislative proposals

The Bundesrat is entitled to propose draft some important legal achievements have bills to the Bundestag. These are trans­mitted been initiated by the Bundesrat, such as to the Federal Government for comment. the more stringent legislation on speeding The draft bills are then forwarded to the recently introduced and what are known Bundestag within six weeks (or in certain as “anti-rubbernecking” provisions. The cases, within three or nine weeks). Bundesrat also set the ball rolling for introduction of the legal minimum wage. The Bundestag applies the same procedure when considering this draft legislation The number of draft bills initiated by the as it does for legislation proposed by the Bundesrat has increased in recent years. Federal Government or by Bundestag Complementing such legislative initiatives, members. The Bundestag is free to decide the Bundesrat also provides political impetus­ as it sees fit, which means it may also refuse through resolutions. These are generally to adopt a bill. In this case, the Bundesrat addressed to the Federal Government and cannot however refer the matter to the aim to draw attention to problems that are Mediation Committee. That may be one of not yet tackled adequately in legislation. the reasons why the Bundesrat adopts only The Bundesrat frequently deploys this a few legislative initiatives. Nevertheless, instrument.

6. Statutory instruments

In addition to bills, statutory instruments Bundesrat consent is stipulated for most determine how we live together in society. statutory instruments from the Federal One example that everyone knows is the Government. A considerable part of the Highway Code. It was adopted by the Federal Bundesrat’s workload involves examining Minister of Transport with Bundesrat consent. such legislation, even though statutory As a rule, the Bundestag is not involved in instruments are often much less in the adopting statutory instruments. political spotlight than bills. In most cases, the Bundesrat gives its consent “subject Oversight and shared to the proviso” that certain amendments decision-making should be adopted. The Federal Govern- Statutory instruments are binding provisions ment must incorporate these Bundesrat to implement legislation. They thus repre- amendments if the statutory instrument sent the Federation’s administrative activities. is to come into force. The only alternative is

44 45 Bundesrat consent to refrain from issuing the statutory instru- It may submit drafts of statutory instru- when Länder interests are affected ment. It is not possible to appeal to the ments that require Bundesrat consent to Mediation Committee. The Bundesrat’s the Federal Government. right of consent signifies that it is entitled to determine the content of statutory Activities in this area span a vast range instruments as an equal partner. of topics: examples include proposed amendments to statutory instruments on Since the 1994 amendment to the Consti- land utilization, animal welfare and animal tution, the Bundesrat has enjoyed a formal husbandry, vehicle registration, and occu- Statutory instruments right of motion for statutory instruments. pational health and safety.

7. Consent to general administrative regulations

Just like statutory instruments, numerous For example, the fine schedule for statutory general administrative regulations also traffic offences and the penalty points depend on Bundesrat consent if these schedule that can lead to withdrawal of provisions affect the powers and responsi- driving licences were both enacted with bilities of the federal states. Bundesrat consent.

8. Participation in European policy issues

With the European Union’s growing integra- As stated in Article 23 (1) of the Basic Law, Bundesrat tion, national law is increasingly overlaid by a Bundestag bill, which always requires provisions decided in Brussels. Pursuant to Bundesrat consent, is essential if sovereign Article 23 (2) of the Basic Law, the Bundestag powers are transferred to the European and, through the Bundesrat, the federal Union. The Federal Constitutional Court’s states participate in matters concerning the case-law stipulates that all constitutional European Union. This helps offset the loss bodies – including the Bundestag and of competences that have been transferred Bundesrat – have a permanent responsi- to the European Union. The Federal bility for integration: they must ensure that General administrative Government must inform the Bundestag national constitutional identity is respected regulations and the Bundesrat comprehensively and at in the design of European decision-making the earliest possible time about all procedures and when sovereign rights are European Union draft legislation. transferred.

46 47 After detailed discussions in the com­ decisive, providing that it is based on a mittees, the Bundesrat – or, in urgent decision approved by a two-thirds majority. cases, the Chamber of European The Bundesrat’s right to take the final Affairs – issues opinions on the draft decision is restricted in matters that could European Union Regulations and lead to increased expenditure or reduced ­Directives drawn up in Brussels. revenue for the Federal Government. In such cases, the Federal Government must A nuanced system also agree to the German position as If European Union legislation affects determined by the Bundesrat. matters that fall within the remit of the Federal Government at the national In cases in which EU legislation mainly level, the Bundesrat’s opinion must be affects the exclusive legislative powers of “taken into account” by the Federal­ the federal states “concerning matters of ­Government in its decisions in Brussels. school education, culture or broadcasting”, the Federal Government must delegate If EU legislation primarily affects the the conduct of negotiations and associated federal states’ legislative jurisdiction, the voting rights to a Land minister appointed structure of their authorities or their by the Bundesrat. ­administrative procedures, the Bundesrat’s­ assessment must “receive prime consider­ In this scenario, the Bundesrat not only ation.” That means that in such cases the participates in the decision-making Bundesrat essentially has the final say in ­process nationally but also determines how determining the ­German position in the the rights to which Germany is entitled Council of Ministers.­ In this context how­ as a Member State of the European Union ever, the Bundesrat must respect “the will be exercised. responsibility of the Federation for the nation as a whole.” That alludes to Some 300 experts from the federal states, ­responsibilities arising from the key policy designated by the Bundesrat, also take areas of integration, foreign affairs and part in EU deliberations as members of security. If the Bundesrat’s view conflicts the German delegations. with that of the Federal Government in this context, and if an agreement cannot be reached, the Bundesrat’s opinion is

48 49 Consent or veto 9. Participation in foreign affairs for international agreements

Article 32 (1) of the Basic Law provides that pur­suant to the Basic Law. By using its right relations with foreign states shall be con- of veto, i.e. refusing to consent to a law, ducted by the Federation. That provision the Bundesrat can prevent an international does not assign responsibility for this to agreement from coming into force for any particular constitutional body and thus Germany. excludes neither the Bundesrat nor the Bundestag. Nevertheless, as stipulated in Consent or veto the Basic Law, foreign policy is a central field Treaties requiring Bundesrat in which the Federal Government shapes ­consent generally address disaster policy and is empowered to take far-reaching relief, administrative and judicial decisions without being dependent on the cooperation, tax law, pension law, legislative bodies. International treaties protection of capital investments regulating Germany’s relations with other and environmental protection. nations or relating to matters of federal legislation do however “require the consent or participation, in the form of a federal law, If the Basic Law would not require consent of the bodies responsible in such a case for in the case of national provisions per­ the enactment of federal law”, as stipulated taining to the subject-matter addressed in Article 59 (2) of the Basic Law. in an international treaty, the bill on the treaty must nonetheless be forwarded to Consent to ratification bills the Bundesrat. However, in this case the Bundesrat In terms of the Bundesrat’s rights, this Bundesrat only has the right to object means that a bill on a treaty (referred to in the second round. The Bundestag is as a “ratification bill”) requires Bundesrat empowered to override the Bundesrat’s consent if the adoption of domestic objections, thus enabling entry into force ­legislation with similar content would of the treaty (ratification). require the consent of the Bundesrat

10. Right to be informed by the Federal Government

Pursuant to Article 53, third sentence of to all government business, and is there- Binding international the Basic Law, the Federal Government is fore not restricted to legislative and agreements obliged to keep the Bundesrat informed ­administrative activities, but also includes about the conduct of its affairs. This relates for example information about the general

50 51 political situation, as well as foreign and of the Federal Government are entitled to The Bundestag can only proclaim an defence policy. The Federal Government attend all meetings of the Bundesrat and external emergency, a situation must provide this information to the its committees and are entitled to speak known as the state of defence, with Bundesrat of its own accord, promptly and there at any time. The Bundesrat none­ ­Bundesrat consent. in full on an ongoing basis. Furthermore, theless only rarely makes use of its formal the Bundesrat also has a right to “summon” right to question government members in If such an emergency were to arise, and put questions to any member of the its plenary sessions. It does not use the the particular provisions for the state of Federal Government in its plenary and Bundestag’s system of written questions nor defence laid out in Articles 115a to 115k committee meetings. Conversely, members does it have a specific “Question Time”. of the constitution would apply.

11. Other tasks – Appointment of officials

The Basic Law assigns numerous other The Federal Minister of Finance must tasks and powers to the Bundesrat. For account annually to the Bundestag and example, the Bundestag and Bundesrat the Bundesrat for revenue and expenditure each elect half of the members of the to allow for “discharge” of the Federal Federal Constitutional Court. Government.

The Bundesrat can also lodge complaints of Legislative emergency unconstitutionality and can testify in cases Should the Federal Chancellor no longer before the Federal Constitutional Court. enjoy the confidence of the Bundestag, without the Bundestag being dissolved, The Bundesrat appoints representatives to a complex procedure allows the Federal the governing board of the Federal Employ- Government to adopt bills with Bundesrat ment Agency and to various other public consent. In this type of legislative emergency, bodies. It is entitled to make proposals as defined in Article 81 of the Basic Law, the or has a right of consent in respect of Bundesrat constitutes a “reserve of legality” appointments to various other positions. when the Bundestag is unable to act. Bundesrat consent is required for proposals to the Federal President on candidates to Monitoring and oversight roles are also be appointed as General Federal Prosecutor, ascribed to the Bundesrat in the Basic Law’s as lawyers in the Public Prosecutor General’s provisions concerning federal oversight Office or as the President of a Federal State of the federal states, internal emergencies Central Bank, a Landeszentralbank. and natural disasters.

52 53 The Bundesrat’s role

The Basic Law stipulates that the Bundesrat is a it is more than simply an interface with the ­constitutional body – like the Bundestag, the ­federal states, for it is also a counterweight ­F­ederal Government, the Federal President and at the federal level. The Basic Law emphasises the Federal Constitutional Court. The Bundesrat the separation of powers – the Bundesrat plays a special role within this system; plays a central part in that respect. Democratic order Separation of powers

The separation of powers is the funda- It ensures that the federal states’ political mental concept that underpins Germany’s and administrative experience is incor- democratic order and federal system. porated into the Federation’s legislation As they go about fulfilling their respective and administration and into European remits, the Federation and the Länder Union affairs. work within a checks-and-balances sys- tem, while at the same time cooperating Like the other constitutional bodies of and showing consideration for each the Federal Republic, it shares overall other’s concerns. responsibility for the Federal Republic of Germany. In this separation-of-powers system, the Bundesrat has three central functions: Counterweight and connection The Bundesrat plays a twofold role when It defends the interests of the exercising these functions: on the one hand, federal states vis-à-vis the Federal it acts as a federal-level counterweight to Government and indirectly vis-à-vis the Bundestag and the Federal Government; the European Union. on the other hand, it links the Federation and the federal states.

Decision-making as a federal constitutional body

In all states with a federal system of govern- Government are the central bodies in the ment a natural tension exists between the German system; the Bundesrat functions as state as a whole and the constituent states. a counterweight to them in its capacity as a Endeavouring to maintain and strengthen federal constitutional organ pursuant to the their own position as much as possible, the Basic Law. The Bundesrat’s prime role is to Federal Government and the federal states safeguard the interests of the Länder at are always keen to make full use of their the national level, while at the same time rights and perhaps also to acquire broader seeking to ensure these are compatible rights. The Bundestag and the Federal with the needs of the state as a whole.

56 57 Decision-making as a political constitutional body

in each federal state? How can a distinction Party politics in the Bundesrat? Hesse-based Social Democrat Hermann The “interests of the federal states” be drawn between the federal states’ The Bundesrat is a political organ. It is made Brill. Contrasting “impartial politics” and are concerns that essentially ­interests and those of citizens when demo- up of politicians and has a political remit. That “party politics” would indeed call the can only be regulated via consent cratic states are supposed to serve their means the Bundesrat is naturally to some political parties’ reputation into question, bills, which the Bundesrat is citizens? It is certainly impossible to draw extent in competition with the Bundestag suggesting that party politics can be ­entitled to veto:­ a clear-cut distinction. and the Federal Government. Those two equated to biased politics. constitutional bodies are however more Division of responsibility for state Responsibility for federal policy than merely political fora, for they also Parties must demonstrate activities between the Federal The Basic Law does not restrict the express the balance of power between a sense of proportion ­Government and the federal states; ­Bundesrat’s role to representing the political parties. The question arises of The constitution provides that the political regulation of legislative, adminis- interests of the federal states. Instead, whether and to what extent there is scope parties have a mandate to participate in trative and judicial competences; it provides in addition that the Bundesrat for party politics in the Bundesrat, consider- political decision-making. Within the system the transfer of sovereign rights to shares responsibility for overall federal ing that, as a body bringing together the defined by the constitution, they are the the European Union. policy. That is already apparent if we federal states at the federal level, it primar- actual policy makers; Germany is a multi- recall that the Bundesrat also addresses ily represents the federal states rather than party democracy. Nowadays there is a clear Allocation of tax revenues to the objection bills, which do not primarily parties. Can the Bundesrat function as a recognition that Bundesrat decisions, Federation and the federal states. affect the federal states’ interests. party-political counterweight, should it take which are after all political decisions, may on this role and is it authorised to do so? be influenced by party-political concerns. Establishment of the administrative The Bundesrat enjoys a comprehensive procedures for authorities in right of scrutiny for consent bills and can When the groundwork was being done In the political debate, however, there is still the federal states when enforcing also reject such bills due to other provisions before adoption of the Basic Law, efforts controversy when it comes to determining federal bills.­ not directly within the consent category; were made to ascribe to the Bundesrat the how much influence parties should exert on this has repeatedly been confirmed by the role of a “counterbalance to party politics”, political deliberations, in other words, at Federal Constitutional Court. Further guided by “greater objectivity” and the which point a distinction needs to be drawn expressions of the Bundesrat’s responsibility “desire for absolute impartiality”. The Parlia- between a political Bundesrat and abuse of What is meant by “the interests for the state as a whole, which extends mentary Council was however critical of the Bundesrat for party-political ends. There of the federal states”? far beyond safeguarding regional interests, such appraisals, which tend to disparage are no legal criteria stipulating where this Are such organisational, fiscal and admin- include its right to receive comprehensive party politics. In such conceptions of the demarcation line lies. Instead, representatives istrative concerns really the whole story information from the Federal Government, Bundesrat – also referred to in those days in the Bundesrat and the political parties when it comes to the interests of the Bundesrat participation in determining if as the “Council of the Federal States”– the must help ensure that the Bundesrat can be federal states? Shouldn’t the governments the state of defence applies and its status Bundestag is cast as “the fount of all the an independent political force as a constitu- of the Länder look after the interests of the as a “reserve of legality” in legislative evils of the party system, while the Council tional body, while maintaining the requisite people they represent as well, the citizens emergencies. of the Federal States is wisdom and good- sense of proportion about the Bundesrat’s ness incarnate”, to cite criticism from constitutional remit and that of the parties.

58 59 Counterweight exercising oversight of the Federation

Party politics As stipulated in the German constitution, as representatives from the federal states Party-political concerns are highlighted the Bundestag elects the Federal Chancellor; know their policy areas inside out, they can in the Bundesrat when different parties he or she must enjoy the Bundestag’s examine all spheres of domestic policy in have a majority in the Bundestag and confidence, enabling the Chancellor and great detail – even though the state is active Bundesrat. If the opposition does not the government to conduct their business in so many different areas and the subject- prevail in the Bundestag, it may well have properly. The Bundesrat has no influence matter addressed tends to be highly complex. another attempt subsequently in the on the formation or dismissal of the govern­ These comments also hold true for European Bundesrat. However, party-political ment. Nonetheless the Bundesrat, along with Union affairs, which can no longer be cate- concerns and the associated polarisation the Bundestag, plays a vital role in moni- gorised as classical foreign policy, but might have not to date been a permanent toring the Federal Government’s activities. well be described as European domestic feature in the Bundesrat. The natural policy due to increasing European integra- tension in Federation-Länder relations, This oversight is primarily manifested through tion. As the EU’s structure to date empowers which links all the federal states regard- Bundesrat involvement in the legislative Member States’ governments to decide on less of their party-political loyalties, as process. Whilst the principle of separation of European law-making and politics, oversight well as other factors relevant across the powers means that the government cannot of the Federal Government’s activities in this political spectrum, such as regional simply promulgate bills, it does however­ area is crucial. That is why the Bundesrat’s interests and the specific policy concerns ­initiate most legislation and draws up the rights of participation and scrutiny – as well as of the federal states, mean divisions statutory provisions down to the last detail those of the Bundestag – have been strength- into political camps tend to become less in the national ministries. As all govern- ened by Article 23 of the Basic Law, which clear-cut here. ment bills must first be forwarded to the was incorporated into the constitution in 1992 Bundesrat for its comments, the Bundesrat and made more specific in 2009 through can scrutinise draft legislation thoroughly the bill accompanying the Lisbon Treaty. at this juncture – even before deliberations in the Bundestag. The Bundesrat also takes on a comprehensive monitoring role when it comes to the The Bundesrat’s composition makes it highly ­Federal Government’s executive activities, effective in this scrutiny process, for it in- i.e. issuing statutory instruments and gen- cludes members of the governments in the eral administrative regulations, for most of federal states and also has scope to appoint these provisions can only be adopted with experienced public officials from theLänder Bundesrat consent. As the Bundestag is to participate directly in committee meetings only involved in these matters in very excep- as representatives. This system means that tional cases, government activity in this the federal ministries deal with a highly qual- area is subject to scrutiny exclusively by the ified counterweight on points of substance; Bundesrat, representing the federal states.

60 61 Continuity and stability

A challenging counterpart in the Bundesrat that can take in the democratic federal system Generally speaking, it is fair to say that the ­decisions as a majority there, rather Bundesrat is a more challenging political than being limited to a traditional counterpart for the Federal Government opposition role. than the Bundestag, for within the parlia­ men­tary system the majority in the ­Bundestag Bundesrat members, particularly the determines which party or parties are in Minister-Presidents with their “local government and thus supports the govern­ fiefdoms”, may enjoy particular inde- ment. In contrast, other parties may form pendence due to their personalities a majority in the Bundesrat and different and the trust their electorate places viewpoints may influence decisions: in them. As a result, the policies they pursue may not be determined by The party-political mix in the Bundesrat party-political considerations. and Bundestag may differ, as the Federal Government elections to the parliaments in the federal The Bundesrat’s decisions are rooted in states, which indirectly determine the political and administrative experience Bundesrat’s composition, are held at gained on the spot. different times than elections to the Bundestag and frequently produce The Federal Government must also different outcomes. As a result, the pay attention to the need to safeguard Federal Government may, so to speak, the interests of the federal states, the be confronted with an “opposition” key responsibility for the Bundesrat. German Bundestag Counterweight and corrective for Bundestag decisions Bundesrat The Basic Law provides that two legislative Bundesrat’s corrective role is immediately Oversight and bodies shall be responsible for federal legis- apparent, but it also plays a part, albeit to lation. The Bundestag and the Bundesrat a lesser extent, when it comes to objection corrective role are however not accorded entirely equivalent bills. Furthermore, the Bundesrat may status. The degree of Bundesrat participa- introduce new or additional arguments and tion varies. In the case of consent bills, the decisions into the legislative process.

62 63 The Bundesrat can, if necessary, also thwart results do not trigger a radical change particular bills. The focus, though, is not on of course, even in times when com- saying “no” or on conflict but rather on being peting political camps are almost able to agree to a “yes” and on compro- neck-and-neck. mise through negotiation. This is precisely what distinguishes its corrective function: Significance The key determinant of the Bundesrat’s Participation political significance is that it is not simply The Bundesrat’s involvement in the an advisory body but plays a decisive role legislative process is an expression in the Federation’s legal order. This is the of the separation of powers and the foundation of its strong position vis-à-vis balance of power within the federal the Bundestag and within the overall system. As the body that represents constitutional structure. the Länder, the Bundesrat must safeguard their interests within the Heated political debates federal system. Drawing on the As is the case generally when it comes to ­administrative experience that the the separation of powers, a degree of federal states acquire from enforcing tension arises concerning the distribution legislation, it can also contribute of competences and this may be expressed decisively to ensuring the quality and in heated political debates. Particularly enforceability of federal legislation. during election campaigns, those debates can turn rather strident. Bearing in mind, Participation obliges the Bundestag however, that such out-of-the-ordinary and Bundesrat to weigh up and situations should not be over-emphasised, balance various considerations, to particularly as unusual incidents are obvi- exercise restraint and moderation – ously more “newsworthy” in journalism to reach an appropriate consensus. than placid routine, the overall evaluation is unambiguously positive: extremely Participation enables majorities that few conflicts between the Bundestag and reflect the situation in theLänder Bundesrat remain unresolved. Just a and therefore ensures broader social handful of draft bills have failed due to acceptance of political decisions. the Bundesrat.

Participation means continuity and stability if a balance of interests and broad-based majorities can be achieved, as in that case election

65 Linking the Federation Link between the Federation and the federal states and the federal states

The Bundesrat does not merely function as important. The Bundesrat must safeguard a counterweight to the Bundestag and the the federal states’ concerns while at the Federal Government, but is simultaneously same time taking into account the require- a link between the Federal Government ments of the German state as a whole. and the Länder. It represents both the Everyone involved in decision-making in overall state, the Federation, as a whole the Bundesrat must consider the national Federation and the 16 federal states as its constituent interest when appraising the interests states. That means that the Bundesrat is of the federal states and vice-versa. That the federal-level chamber for the federal means that through the Bundesrat, which states, but at the same time is also the is a body at the federal level, the federal chamber of the Länder at the federal level. states are very closely involved in policy Given the close intertwining of national decisions taken by the German state as and federal state responsibilities – which is a whole. They are not just “underlings” much closer than in the USA, for example – but also participate in decision-making. this role as “go-between” is especially

Continuing a positive tradition Forerunners of the Bundesrat

The Bundesrat is not an innovation dreamt established at the 1815 Congress of Vienna, up in the Basic Law. On the contrary, it might even be counted as forerunners of was preceded by a whole host of institu- the Bundesrat, albeit with certain caveats. tions with membership structures and remits either identical to or at least very The Federal Council of similar to the modern Bundesrat. the German Empire 16 federal states The Federal Council of the 1871 German The Regensburg Perpetual Imperial Diet Empire was a true predecessor of the (1663–1806) of the Holy Roman Empire of Bundesrat. It was a key component in the the German Nation and the Frankfurt constitutional order. Alongside the Kaiser, Federal Diet of the German Confederation, it was the supreme body of the Reich.

66 67 Every member of the federation could been transferred to the Reich, the Länder send delegates to the Federal Council parliaments had been dissolved and the corresponding to the number of votes it governments of the federal states placed held there, which was calculated on the under the control of the Reich government. basis of the number of inhabitants. As in the Bundesrat today, each of the consti­t­ Constitutional DNA uent states had to cast its votes en bloc. After the collapse of the Nazi regime, the The Federal Council had much greater Parliamentary Council drew the logical responsibilities, along with more oppor­ consequences from that preceding period tunities to influence policy, than the of dictatorship when drafting the Basic Law: Reichs­tag, which represented the people. Federalism became one of the inalienable The Federal Council could even dissolve elements of the state system, with the the Reich Parliament if the Kaiser agreed. Bundesrat as the constitutional body ­representing the federal states. Although The Reichsrat in the the Bundesrat has more limited powers Weimar Republic than its counterpart in the 1871 German The constitution of the 1919 Weimar Republic Empire, it still holds a strong position, stipulated that all state power was vested while its main hallmarks pick up on the in the people. That of course meant that the ­tradition of its two forerunners: state body that represented the people, the Reichstag (the lower house of parliament), constitutional federal body acquired greater political significance. (German Empire/Weimar Republic), Scope for the Reichsrat (the upper house of parliament) to participate in the legis­ composed of representatives from lative process was restricted. It could only the federal state governments, object to bills adopted by the Reichstag, but the Reichstag was entitled to reject these tiered number of votes per objections with a two-thirds majority. In federal state, such cases, the President of the Republic decided whether to promulgate the bill votes are cast en bloc by each federal nonetheless or to order a referendum on it. state on the basis of instructions from the Land government, The Reichsrat was dissolved on 14th February 1934 by a government decree based on the powers and responsibilities pertaining 1933 Enabling Act. Prior to this, although the to both legislation and administration federal states continued to exist in formal of the state as a whole. terms, their sovereign rights had already

68 69 Bundesrat – A statistical overview

Legislative term of the Bundestag 1949–1953 1953–1957 1957–1961 1961–1965 1965–1969 1969–1972 1972–1976 1976–1980 1980–1983 1983–1987 1987–1990 1990–1994 1994–1998 1998–2002 2002–2005 2005–2009 2009–2013 2013–2017 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Bills introduced by the Federal Government 481 434 391 370 414 350 470 323 155 283 324 413 443 446 353 509 490 526 Bills introduced by the Bundesrat 29 16 5 8 14 27 75 53 38 61 51 108 147 95 116 100 84 106 Bills introduced by the Bundestag 301 414 207 245 225 171 136 111 58 183 227 297 329 328 211 264 278 148 Bills passed by the Bundestag 559 518 428 429 461 334 516 354 139 320 369 507 565 558 401 616 553 553 Referral to the Mediation Committee 75 65 49 39 39 33 104 77 20 6 13 85 92 77 102 18 44 3 of which by the Bundesrat 70 59 46 34 34 31 96 69 17 6 13 71 74 66 90 17 34 2

Laws promulgated 545 510 424 425 453 333 506 339 136 320 366 493 551 548 386 613 543 548 Laws promulgated requi- ring Bundesrat consent 42% 50% 56% 53% 49% 52% 53% 54% 52% 60% 55% 57% 60% 55% 51% 42% 38% 36% Bills denied Bundesrat consent (and not adopted) 8 6 0 3 2 1 8 9 2 0 1 10 10 7 5 0 4 2

Objections 1 1 3 0 0 1 5 7 7 0 1 5 13 5 22 3 1 0 of which overridden by the Bundestag 0 1 1 0 0 1 4 5 6 0 1 4 12 2 22 3 1 0 Statutory instruments examined by the Bundesrat 426 579 471 550 525 471 680 554 298 448 546 639 619 504 436 468 454 400 Administrative regulations examined by the Bundesrat 110 66 58 72 62 60 81 78 45 71 61 47 69 58 30 44 29 31 European Community/ Union draft legislation 24 478 826 759 1017 660 405 634 769 783 746 604 511 567 694 420

Plenary sessions 116 69 54 50 56 43 55 51 28 52 53 51 54 50 35 47 53 45

Committee meetings 761 604 475 443 545 384 523 503 289 541 593 794 732 683 480 611 584 591 Sub-committee meetings 331 283 243 262 258 266 297 293 147 287 395 344 199 160 83 84 69 64 Meetings of the Chamber of European Affairs 3 4 1 1 0 0 1 0

70 71 The federal legislative procedure

Legislative initiative Opinion Legislation adopted by Bundestag

Draft bill

Bundesrat Presents opinion

Draft bill

Counter-opinion Bundestag

Presents opinion

Draft bill

Federal Government

1 2 3 Draft bills are submitted to Legislative initiatives from the The draft bill is addressed in the Bundestag by the Federal Bundesrat are transmitted via three readings in the Bundestag. ­Government, from within the the Federal Government to After the first reading, the ­Bundestag (submitted by a the Bundestag. In the process, ­proposed legislation is usually ­parliamentary group or at least the Federal Government also allocated to the competent 5% of the members) or by the indicates its views on the specialised committees. The Bundesrat. The right to submit­ proposed legislation. Draft bills second round of deliberations a bill is known as the right of from the Federal Government are is generally followed directly initiative. first addressed in the Bundesrat by the third reading with the (first reading). The Bundesrat final vote: The Bundestag either may adopt a position on the adopts the draft bill or rejects it. government’s proposals. The Federal Government can also present its views on this opinion (counter-opinion).

72