The German Bundestag in the Reichstag Building
Total Page:16
File Type:pdf, Size:1020Kb
The German Bundestag in the Reichstag Building The German Bundestag in the Reichstag Building 6 Foreword by the President of the German Bundestag, Wolfgang Schäuble Hans Wilderotter 9 “Here beats the heart of democracy” Structure and function of the Bundestag 10 The ‘forum of the nation’: the Bundestag at the heart of the German Constitution 14 “Representatives of the whole people”: the Members of Parliament 22 “The President shall represent the Bundestag”: the President of the Bundestag, the Presidium and the Council of Elders 32 “Permanent subdivisions of the Bundestag”: the parliamentary groups 40 “Microcosms of the Chamber”: the committees 48 Strategy and scrutiny: study commissions, committees of inquiry, the Parliamentary Oversight Panel and the Parliamentary Commissioner for the Armed Forces 54 “The visible hub of parliamentary business”: the plenary chamber 62 “Federal laws shall be adopted by the Bundestag”: legislation and legislative processes 76 “Establishing a united Europe”: Bundestag participation in the process of European integration Content Hans Wilderotter 83 The long road to democracy Milestones in Germany’s parliamentary history 84 “... the real school of Vormärz liberalism”: parliaments in Germany before 1848 88 “We will create a constitution for Germany”: the German National Assembly in St Paul’s Church, Frankfurt am Main 106 A “written document as the Constitution of the Prussian Kingdom”: the constituent National Assembly and the Prussian House of Representatives in Berlin 122 Democracy without parliamentarianism: the Reichstag in the German Empire 138 “The German Empire is a republic”: the National Assembly and the Weimar Constitution 160 The temporary end of parliamentary democracy: the Reichstag and the Land parliaments in the National Socialist dictatorship 164 “All state authority is derived from the people”: milestones in the Bundestag success story since 1949 Hans Wilderotter 199 Architecture and politics The Reichstag Building then and now 200 “The keystone of German unification”: the planning, construction and significance of the Reichstag Building, 1871 to 1918 238 A Forum of the Republic: the Reichstag Building in the Spreebogen, 1919 to 1933 250 From the Reichstag Fire to the end of the war: the Reichstag Building from 1933 to 1945 256 “A little sense of history”: reconstruction and refurbishment after World War II 262 Wrapped Reichstag – the art project realised by Christo and Jeanne-Claude 264 “A symbol of democracy”: the Reichstag Building since 1991 Andreas Kaernbach 273 Culture and Politics in Dialogue Art in the Reichstag Building 274 The Art Council 278 The artists and their artworks 334 Index of artists “We all know, of course, that a German Parlia- ment will probably never sit there again”. When historian Arnulf Baring made that state- ment about the Berlin Reichstag Building at the start of 1987, such sittings did indeed seem inconceivable to most people. Had the edifice, steeped in history but now standing in the shadow of the Berlin Wall, become a mere symbol in the “fairy-tale forest of the German mind”? Less than three years later the Wall came down, and on 20 December 1990 the first Bundestag for the whole of Germany held its constituent sitting – in the Reichstag Building in Berlin! Foreword by the President of the German Bundestag, Wolfgang Schäuble There is surely no other place in which the highs and lows of Germany’s more recent his- tory are so strikingly visible, so forcefully and dramatically present. Yet it is first and foremost a place of work, for since 1999 it has been the beating heart of our parliamentary democracy. Here, in the most important forum of the na- tion, is where the struggle is waged to find the best solutions to the complex issues of the day; it is where the pivotal choices are made for the This book traces the chequered history of Ger- future of our country. man democracy and parliamentarianism. It in- It is a place of representation of the people vites you to watch the Members of the Bundes- as well as a place of encounter for the people, tag at work, to take a look behind the scenes the Reichstag being one of the most-visited and so to gain insight into the everyday life of parliament buildings in the world. Sir Norman Parliament. You will obtain valuable informa- Foster’s glass dome has now achieved cult sta- tion on the bodies of the Bundestag and the tus among visitors to Berlin. Those who visit complex parliamentary decision-making pro- the building discover a unique ensemble of an cesses but also on the highly charged relation- old efdifice, modern interior design and cele- ship between art and politics. brated works of contemporary art, a place full I wish you a very enlightening read, and I shall of symbolism that surprises, occasionally irri- be delighted if it encourages you to visit the tates and always inspires reflection. Reichstag Building and Parliament. 8 “Here beats the heart of democracy” Structure and function of the Bundestag 9 The Bundestag possesses a characteristic that distinguishes it from all of the other constitu- tional organs of the Federal Republic of Germa- ny, for it is the only organ whose legitimacy is directly conferred by a democratic vote. As Article 20 of the Basic Law succinctly states, “All state authority is derived from the people”, and it is those same people who choose the Members of Parliament in “general, direct, free, equal and secret elections”. From this demo- cratic legitimisation of the Bundestag stem its four main functions, namely election (of the Federal Chancellor, for example), legislation, scrutiny of the government and communica- tion. The electoral function of the Bundestag is vis- ible at the start of a legislative term, when it elects the Federal Chancellor. In the parliamen- tary system of government, a parliamentary group (Fraktion) or a coalition of two or more parliamentary groups commanding a majority in the Bundestag forms the Federal Govern- The ‘forum of the nation’: the Bundestag at the heart of the German Constitution 10 ment. The President of the Federal Republic proposes a candidate for the office of Chancel- Within the legislative process, crucial impor- lor to the Bundestag. As a rule, the election tance attaches to budgetary powers. Under takes place at the second sitting of the Bunde- Article 110 of the Basic Law, budgetary powers stag, which follows the constituent first sitting; lie with the Bundestag. It adopts the budget, it is conducted without a debate and by secret in which all items of federal expenditure must ballot. The candidate who obtains the votes be disclosed. Parliamentary deliberation on the of a majority of the Members of the Bundestag, budget, the annual enshrinement in law of the known as a Kanzlermehrheit, or ‘chancellor adopted federal budget and continuous scruti- majority’, is duly elected. Thereafter, the gov- ny by the Budget Committee of the execution ernment is maintained by the confidence and of the budget serve to ensure the sovereignty support of the groups forming the majority of Parliament over government revenue and coalition in Parliament. In principle, coalition expenditure. members may withdraw this support and so de- Another function is scrutiny of the government prive the coalition of its majority, whereupon – a task which is chiefly performed by the op- the House may elect another head of govern- position in a parliamentary system of govern- ment by means of a constructive vote of no ment. Numerous instruments are available for confidence. this scrutiny, committees of inquiry and major Legislation is the parliamentary function with interpellations being but two of these. To ena- the highest public profile. Although the Bun- ble the opposition to use these instruments, the desrat and the Federal Government also partici- Bundestag Rules of Procedure and parliamenta- pate in federal legislation, the ultimate decision ry practice provide for various minority rights. rests with the Bundestag, since no federal law These procedural rights enable a parliamentary can be passed and enter into force without the minority to take certain procedural decisions consent of the Bundestag. even against the wishes of the majority. Pages 8/9: Inside the plenary chamber left: Election of the Head of Govern- ment: Wolfgang Schäuble (CDU/ CSU), President of the Bundestag, administers the oath of office to Federal Chancellor Angela Merkel (CDU/CSU). 11 In addition, the Rules of Procedure define the Importance also attaches to the communicative duties, rights and obligations of Members of function of Parliament, which is why it is Parliament and of parliamentary bodies. The sometimes referred to as the ‘forum of the na- latter include the governing bodies, headed tion’. Time and again, the Bundestag discusses by the President (Speaker) of the Bundestag, issues of great public interest. Particularly in who is the representative of Parliament. The its major debates, the subjects under discussion President of the Bundestag, his or her Vice- have implications that extend far beyond the Presidents and the Rules of Procedure are en- current electoral term. In these public debates, shrined in the Constitution. They are guaran- various potential solutions and future scenarios teed by Article 40 of the Basic Law and are are presented and provoke lively discussions. instruments and symbols of the autonomy To enable itself to accomplish the tasks associ- of Parliament, of its independence from the ated with these main functions, the Bundestag executive. has adopted Rules of Procedure. These rules These bodies also include the parliamentary lay down, for example, the procedures to groups and committees. It is here that the bulk which the Bundestag must adhere in order to of the detailed work of Parliament is performed. arrive at appropriate and legally unimpeacha- The parliamentary groups are the political divi- ble decisions on matters under discussion.