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GPOLGunlicks cover 21/5/2003 5:22 pm Page 1 Issues in German Politics The Länder This book provides a detailed introduction to how the Länder (the sixteen states of Germany) function not only within the country itself but also within the wider context of European political affairs. Some knowledge of the role of the Länder is and German federalism essential to an understanding of the political system as well as of German federalism. The Länder This book traces the origin of the Länder. It looks at their place in the constitutional order of the country and the political and administrative system. Their organization and administration are fully covered, as is their financing. Parties and elections in the Länder and the controversial roles of parliaments and deputies are also examined. and German Because of their role in the Bundesrat, the second legislative chamber, the Lander are clearly an important part of the national legislative process. They participate in policy-making with regard to the European Union, and have limited influence on Germany's foreign affairs outside of Europe. This is the first English language book that considers the Länder in this depth. federalism Arthur Gunlicks is a professor of political science and chair of the department at the University of Richmond, Virginia Gunlicks Arthur Gunlicks ISBN 0-7190-6533-X 9 780719 065330 prelims 27/5/03 11:39 am Page i The Länder and German federalism prelims 27/5/03 11:39 am Page ii ISSUES IN GERMAN POLITICS Edited by Professor Charlie Jeffery, Institute for German Studies Dr Charles Lees, University of Sussex Issues in German Politics is a major new series on contemporary Germany. Focusing on the post-unity era, it presents concise, scholarly analyses of the forces driving change in domestic politics and foreign policy. Key themes will be the continuing legacies of German unification and controversies surrounding Germany’s role and power in Europe. The series includes contributions from political science, international relations and political economy. Already published: Bulmer, Jeffery and Paterson: Germany’s European diplomacy: Shaping the regional milieu Harding and Paterson: The future of the German economy: An end to the miracle? Harnisch and Maull: Germany as a Civilian Power? The foreign policy of the Berlin Republic Hyde-Price: Germany and European order: Enlarging NATO and the EU Lees: The Red–Green coalition in Germany: Politics, personalities and power Rittberger (ed.): German foreign policy since unification: Theories and case studies prelims 27/5/03 11:39 am Page iii The Länder and German federalism Arthur B. Gunlicks Charlie Jeffery William E. Paterson Manchester University Press Manchester and New York Distributed exclusively in the USA by Palgrave prelims 27/5/03 11:39 am Page iv Copyright © Arthur B. Gunlicks 2003 The right of Arthur B. Gunlicks to be identified as the author of this work has been asserted by him in accordance with the Copyright, Designs and Patents Act 1988. Published by Manchester University Press Oxford Road, Manchester M13 9NR, UK and Room 400, 175 Fifth Avenue, New York, NY 10010, USA www.manchesteruniversitypress.co.uk Distributed exclusively in the USA by Palgrave, 175 Fifth Avenue, New York, NY 10010, USA Distributed exclusively in Canada by UBC Press, University of British Columbia, 2029 West Mall, Vancouver, BC, Canada V6T 1Z2 British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data applied for ISBN 0 7190 6532 1 hardback 0 7190 6533 X paperback First published 2003 111009080706050403 10987654321 Typeset in Minion by Northern Phototypesetting Co. Ltd, Bolton Printed in Great Britain by Bell & Bain Ltd, Glasgow prelims 27/5/03 11:39 am Page v 1 Contents List of maps, figures, and tables page vi Preface viii A note on terminology x Introduction 1 1 The origins of the Länder 7 2 Theory and constitutional framework of German federalism 53 3 Administrative structures in Germany 81 4 The Land constitutions 141 5 Financing the federal system 163 6 The German Land parliaments (Landtage) 212 7 The Land parliament deputies in Germany 243 8 Parties and politics in the Länder 265 9 Elections in the Länder 289 10 The Länder, the Bundesrat, and the legislative process in Germany and Europe 339 11 European and foreign policy of the Länder 360 12 Conclusion: the German model of federalism 385 Index 397 prelims 27/5/03 11:39 am Page vi 1 Maps, figures, and tables Maps 1.1 Germany in the sixteenth century page 11 1.2 The German Confederation, 1815 20 1.3 The Bismarck Reich, 1871 27 1.4 The Weimar Republic, 1920 30 1.5 The Federal Republic of Germany, 1990 43 3.1 Counties and county-free (independent) cities in Lower Saxony 97 3.2 The municipalities (Gemeinden) in the county of Göttingen 98 Figures 3.1 The joint high finance authority 84 3.2 Structure of administration in the Federal Republic of Germany 86 3.3 Organization plan for the government districts of Baden- Württemberg 93 3.4 Organization plan of Baden-Württemberg 95 3.5 Organization plan of Lower Saxony 96 9.1 Election results in Baden-Württemberg, 1952–2001 291 9.2 Election results in Bavaria, 1946–98 293 9.3 Election results in Hesse, 1946–99 295 9.4 Election results in Lower Saxony, 1947–99 297 prelims 27/5/03 11:39 am Page vii Maps, figures, and tables vii 9.5 Election results in North-Rhine Westphalia, 1947–2000 299 9.6 Election results in Rhineland-Palatinate, 1947–2001 301 9.7 Election results in the Saarland, 1955–99 303 9.8 Election results in Schleswig-Holstein, 1947–2000 305 9.9 Election results in Bremen, 1947–99 307 9.10 Election results in Hamburg, 1946–2001 310 9.11 Election results in Berlin, 1946–2001 314 9.12 Election results in Brandenburg, 1990–99 316 9.13 Election results in Mecklenburg-Vorpommern, 1990–98 318 9.14 Election results in Saxony, 1990–99 320 9.15 Election results in Saxony-Anhalt, 1990–2001 323 9.16 Election results in Thuringia, 1990–99 324 10.1 The legislative process and the Bundesrat 350 Tables 3.1 Basic categories of public employees in direct administration in Germany, 1999 121 3.2 Classification of basic categories of public employees in Germany, 1998 122 5.1 Own source taxes/revenues and distribution of joint tax revenue, 1999 177 5.2 Fiscal equalization in the old Länder, 1993 180 5.3 Fiscal equalization among the Länder, 1995–2000 181 5.4 Comparison of per capita fiscal capacity before and after fiscal equalization transfers among the Länder and federal supplementary equalization grants (BEZ), 1995 194 7.1 Parliamentary seats in the Länder, 1998–2001 245 8.1 Election cycles in the Länder 276 8.2 Voter turnout in European Parliament and Bundestag elections, 1984–99 277 8.3 Voter turnout in Land elections, 1984–2002 278 9.1 Governments in the Länder, November 2002 326 10.1 The German Länder: their populations, representation in the Bundesrat, and their capitals 345 prelims 27/5/03 11:39 am Page viii 1 Preface In doing research on local government reforms in Germany in the 1970s, it soon became apparent that there was very little information in English in the scholarly literature on local government in Germany. I attempted to fill this gap by writing a book on the subject (Local Government in the German Federal System) that was published by Duke University Press in 1986. While writing that book, I became aware of the lack of information in English on the German Länder and German federalism in general. There are some edited books on German federalism that have appeared in English, but they generally deal with selected current issues or with the functioning of German federalism overall. There was little or nothing that provided an overview of the origins of the current German Länder, their constitutional or administrative framework, financing, or parlia- ments. Much has been written in English on German parties and elec- tions, but there has been very little focus on the Länder in these areas. Given the importance of Germany, the role federalism has played in the democratic experience of that country since 1949, and the influence German federalism has had in Europe and elsewhere, it seems obvious that a relatively detailed overview in English of the Länder and the federal system within which they operate is long overdue. The purpose of this book, then, is to provide that overview and close another gap in the liter- ature on German politics and institutions. I have many people to thank in helping me to achieve this goal. For reading and commenting on one or more chapters, I am indebted to Pro- fessors Willi Blümel and Gisela Färber, both at the German Postgraduate School of Administrative Sciences in Speyer; Professor Arthur Benz, Fern- Universität Hagen; Gert Hilmann, Leitender Ministerialrat, Hanover and Honorarprofessor, Göttingen; Klaus-Eckart Gebauer, Director of the Cab- inet Staff in Rhineland-Palatinate; Uwe Leonardy, Ministerialrat a.D, prelims 27/5/03 11:39 am Page ix Preface ix Bonn; and Peter Lindemann, President of the Land Social Court in Lower Saxony, a.D. For institutional support, I thank the University of Richmond for various and sundry grants and other support; the German Institute for Federalism Studies in Hanover and its director, Professor Hans-Peter Schneider; the library staff at the Parliament of Lower Saxony and the Chief Administrator of the Lower Saxon Parliament, Professor Albert Janssen; and I am especially grateful to the Research Institute at the Ger- man Postgraduate School of Administrative Sciences in Speyer and its director, Professor Karl-Peter Sommermann.