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The Law-Making Process in Germany

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The Law-Making Process in Germany The law-making process in Germany Dr. Daniel Heilmann, LLM Parliamentary Legal Advisor Senate of the Kingdom of Cambodia Dr. Daniel Heilmann, LLM -- Parliamentary Legal Advisor Bicameral law-making • Bicameralism: constitutional design in which the legislature is split into two chambers. • Representation based on: • unitary or federal state • direct / indirect election • class-based system • Asymmetrical bicameralism (Cambodia and Germany) • law-making powers concentrated in Lower House. • Upper House: suspensive veto (Germany: absolute veto in some cases). Dr. Daniel Heilmann, LLM -- Parliamentary Legal Advisor Germany: Parliament Bundestag (Lower House) Bundesrat (Upper House) Dr. Daniel Heilmann, LLM -- Parliamentary Legal Advisor Germany: Characteristics of the Chambers • Bundestag: • principal legislative chamber • All legislation must be approved by the Bundestag • Directly elected every 4 years • Bundesrat: • Legislative authority is subordinate to that of the Bundestag. • Representation of the federal states • members appointed by state governments (representatives of state governments, usually prime minister and other ministers). • States have to cast votes en bloc – without vote splitting • Coalitions are common, States oftentimes abstain from voting if their state-coalition cannot agree on a position. • If members from one state cast different votes -> the entire vote is invalid. Dr. Daniel Heilmann, LLM -- Parliamentary Legal Advisor Legal Initiative • Government • Bundestag (Lower House): • 5% of members -> no single member bill • Bundesrat (Upper House) • Only as a whole -> no single member / federal state bill • Draft bills issued by the Government: • Upper House has the right to express itself on the drafts before and after the Lower House. Dr. Daniel Heilmann, LLM -- Parliamentary Legal Advisor Germany: Draft Laws 2005 - 2009 Upper House Lower House Government Dr. Daniel Heilmann, LLM -- Parliamentary Legal Advisor Germany: Law-making • Upper House has absolute veto in the legislative process when legislation affects interests of the federal states (Länder). • Upper House has suspensive veto in all other legislation. • can be overridden by the Bundestag. • Mediation Committee to negotiate a compromise if veto is used. Dr. Daniel Heilmann, LLM -- Parliamentary Legal Advisor Germany: Interaction between houses • Consent Bill (absolute veto): • Bills amending the Constitution • Bills affecting finances of federal states (“Länder”) • Bills questioning the organizational and administrative autonomy of federal states • Bills leading to transfer of sovereignty to the European Union • Objection Bill (suspensive veto): • All other legislation • Upper House cannot modify draft laws: • No possibility to amend draft bills • Call for convening Mediation Committee Dr. Daniel Heilmann, LLM -- Parliamentary Legal Advisor Germany: Consent Bill 1st Chamber P 2nd Chamber request for Mediation commitee O P composed of 32 members of both chambers dropped No agreement Agreement O P dropped President for promulgation Germany: Objection Bill 1st Chamber P 2nd Chamber O P Mediation committee No Agreement Agreement Objection by the 2nd Chamber 1/2 2/3 1st Chamber 1/2 2/3 Promulgation .
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