Germany Flashcards
General features
- Parliamentary Democracy
- Bicameral
- 16 Länder
- Each State own constitution and unicameral government Landtag (state digest)
Upper Chamber - Elections
Bundesrat :
- There are not elections, the members are appointed by governments in their respective Länd
- Each government can appoint as many members as it has votes (depending on proportional representation)
Lower Chamber - Elections
16 Länder, each divided into a total of 299 consistencies (= 598 members minimum)
Bundestag - 2 votes :
- Vote A - Vote for one of the Länder ministers (a specific candidate)
- Vote B - Vote for a party list
Allocated number of seats :
- Number of votes in vote A + Difference between vote A and B if B is higher
Only parties that get at least 5% can enter the Bundestag
Head of State - Elections
President :
- Mainly ceremonial
- §54-61GG
- Elected for 5 years with re-election possible 1
- Elected by Federal Convention = Members of Bundestag + equal number of electors elected by the parliament of their state (number depends on proportional representation)
- By absolute majority
Head of Government - Elections
- Chancellor elected by Bundestag, absolute majority required or President can dissolve Bundestag (after 3rd round) §63GG
Head of Government - Powers
- Chancellor proposes Ministers who are then appointed by President (§64GG)
Power of initiative :
- Also valid for Ministers
- First sent to Bundesrat for consideration
Lower Chamber - Powers
Power of initiative :
- By minimum 5% of members
Power of amendment :
- 1st reading - Bill’s main features are discussed and bill is sent to a Bundestag committee for further consideration
- 2nd reading - Committee reports and proposals for amendment are debated and voted on
- 3rd reading - Final amendments and vote on the bill as a whole (by simple majority)
Veto Power
Upper Chamber - Powers
Power of initiative :
- By absolute majority
No power of amendment :
- Can introduce amendments via the ‘conciliation committee’
Ordinary procedure :
- Consent not needed
1. Bundesrat asks for a conciliation Committee
2. After conciliation, Bundesrat can object to the bill by absolute majority (Bundestag therefore needs absolute majority to still pass it) or 2/3 members (Bundestag will need 2/3 too)
Consent procedure :
- Active consent is required
- The bill passes only if the Bundesrat approves it with at least an absolute majority of total votes, or 2/3 where it is provided by the Basic Law
Veto power - Only in consent procedure
Constitutional amendments
2/3 majority in both chambers
Military missions
Require consent of the Parliament
Parliament can not request a mission, only approve or disapprove one
Head of State - Powers
Domestically :
- Nominates a candidate for Chancellor to be elected by the Bundestag and appoint or dismisses him
- Signs bills into law - Serves as constitutional review. He can refuse to sign a bill that is unconstitutional
- Can grant pardons
- Can, but doesn’t have to, dissolve Bundestag to call early elections (if after 3rd round, Bundestag has still not elected a Chancellor or if Chancellor has lost confidence of Bundestag)
- Immunity from prosecution whilst in function
- Appoints and dismisses ministers upon Chancellor’s proposal
Internationally :
- Concludes international treaties
- Represents the country, diplomatic function
Impeachment
President :
- Initiated by 1/4 of Bundestag or Bundesrat in front of the Federal Constitutional Court if he violated the Constitution
Motion of confidence
Bundestag must :
- Initiate the vote
- Cooling off period of 48 hours
- Elect a new Chancellor (via regular procedure)
If Chancellor falls, his ministers fall too, which means the Bundesrat falls and thereby the whole government
Court System
Different layers (state and federal)
Concrete review :
- All courts can examine the constitutionality of statutes. If a court estimates a statute is unconstitutional :
- It must refer a preliminary question to the Federal Constitutional Court
Constitutional complaint procedure :
- Individuals
- Not limited to public statutes but to all acts of public authority
- Must have exhausted all ordinary judicial remedies before
- Direct and concrete injury
Abstract review :
- Yes, by federal government, state government or at lest 1/4 Bundestag members
Court :
- Statute can be declared void because unconstitutional or just unconstitutional but still valid
