Germany Flashcards
What kind of country is Germany?
A democratic and social federal state Art. 20 Basic Law
Who represents the constituent states at the federal level?
The Bundesrat (Federal Council)
Who are members of the Bundesrat?
Members of the government of the States, which have a fixed number of votes roughly reflecting their population size or their representatives Arts. 50, 51 Basic Law –> Over representing smaller states
69 members
How many States has Germany?
16 States
What is the Bundestag (Federal Diet)
The directly elected federal parliament Art. 38 Basic Law
Who heads the Federal Government? And who elects him? Who is he accountable to?
The Federal Chancellor is elected by the Bundestag Arts. 62, 63, Basic Law and is accountable to the Bundestag Art. 53 Basic Law
Can Germany’s character as a federal, democratic and social state be changed via constitutional amendment?
No. Arts. 20 and 79 (3) Basic Law
Can the Bundestag oust the Chancellor?
Yes but only if it manages to elect a new Chancellor at the same time Art. 67 Basic Law
How is the Federal President elected and how long does he stay in office?
By an electoral college comprising the Bundestag members and delegates from the States for a once-renewable term of 5 years Art. 54 Basic Law
Can the Bundestag be dissolved?
The Bundestag can only be dissolved and early elections can only be called in case the Bundestag fails to elect a Chancellor by absolute majority in the 3rd round or if the sitting Chancellor fails to obtain an explicit vote of confidence and asks for early elections Arts. 63 (4) and 68 Basic Law
Where is the power of the federal lawmaker defined?
In competence catalogues Arts. 72, 73, 74 Basic Law
Who can introduce bills?
The Federal Chancellor, his ministers, the Bundestag members or the Bundesrat Art. 76 Basic Law
Who has to agree on Bills? And can it be overruled?
To pass federal statutes the Bundestag must agree and the Bundestag can overrule the Bundesrat unless the Basic Law provides otherwise (Veto power) Arts. 77, 78 Basic Law
Can a entirely new Constitution in Germany be adopted?
Yes but it would require popular approval Art. 146 Basic Law
What are the States?
- Each state has its own constitution all featuring a republican and parliamentary system of government
- all states have their own parliaments which are all unicameral
- States government are headed by State prime ministers who are accountable to their states parliaments
- State courts are integrated, however into a nation-wide judiciary
Does the Bundesrat operate the entire time? When does the Bundesrat change?
Dissolution does not occur. The Bundesrat keeps operating the entire time. The composition of the Bundesrat changes every time a State happens to be taken over by a new government, since the elections in the States do not take place all at once. All 16 State governments are simply present all the time, only represented by changing people.
What is the electoral system of the Bundestag?
A mixed-member proportional system
State competence
If a power is not enumerated in the Basic Law as being subject to federal legislation, this power is retained by the States Art. 70 (1) Basic Law
Does Federal Law prevail over State law?
Yes. Art. 31 Basic Law
For which term is the Bundestag elected and how many members does it have?
For 4 years Art. 39 (1) Basic Law
598 member or more
How many votes need the Bundesrat to decide normally and in case of constitutional amendments?
At least an absolute majority of the votes in the Bundesrat Art. 52 (3) Basic Law but a constitutional amendment needs a 2/3 majority
What is “vote en bloc”?
Each State either casts all the votes that it has in favor of a proposal or all against or it abstains. A splitting of votes is not permitted.
Can Germany declare war/Emergency situation?
No, only State of defence Art. 115a Basic Law
Emergency situation Art. 91 Basic Law
Situation of catastrophe Art. 35 Basic Law
When does a bill pass the final reading?
A bill passes the final reading with a simple majority of the Bundestag Art. 42 (2) Basic Law
Can the Basic Law be amended?
Yes by a statute. Amendment bills need the approval of both the Bundestag and the Bundesrat acting by a 2/3 majority of its members Art. 79 (1,2) Basic Law
Who signs Bills?
The Federal President Art. 82 (1) Basic Law
Does the Federal President have a veto to bills?
No, but bills which suffered from procedural defects may not be signed by him since Art. 82 (1) only speaks of statutes completed in accordance with the provisions of the Basic Law. Furthermore Articles 1 (3) and 20 (3) Basic Law commit state authority to respect human rights and the constitutional order. But only in extreme cases !!! Normally he signs it in order to allow abstract review by the Federal Constitutional Court.
What are the duties of the Federal President
The President carries out largely ceremonial functions, he can conclude treaties Art. 59 (1) Basic Law
What are requirements for Instructions and orders of the Federal President?
They require for their validity the countersignature by the Federal Chancellor or the competent federal minister Art. 58 Basic Law
Can the Federal President removed from office
Yes. Art. 61 Basic Law
Can the Federal Chancellor be removed from office?
No, but he can whenever he chooses ask the Bundestag to affirm its confidence in him Art. 68 Basic Law. The Bundestag may express its lack of confidence only by proposing a new Federal Chancellor Art. 67 Basic Law.
Does the Chancellor have veto power for a bill?
No, but he can tie the confidence question to the passing of a specific bill or policy proposal. The majority then should either support the Chancellor and his project or risk early elections. But the Federal President decides if the chancellor is abusing the procedure for political gains.
State form
Republic
Form of government?
Parliamentary
State structure
Federal
Head of State?
Federal President
Head of Government?
Federal Chancellor
Lower Chamber?
Bundestag
Upper Chamber?
Bundesrat
Parliamentary motion of censure against executive?
Constructive vote against Chancellor by qualified procedure in Bundestag
Residual legislative power?
States
Can upper chamber be overridden?
Yes, unless concurrence is required
Veto against bills by head of State?
Yes, if Bill is unconstitutional
Concrete const. review of legislation?
Yes, via referral to Const. Court
Abstract constitutional review?
Yes, by Const. Court
Constitutional human rights catalogue?
Yes
Effect of international treaties
Dualism
Supremacy of EU law over national law qualified?
Yes, by supremacy of Constitution
