The Bundesrat is Germany's state legislature. Structure and powers of the Bundesrat

2024 Author: Henry Conors | [email protected]. Last modified: 2024-02-12 02:55

The Bundesrat is a special legislative body of the Federal Republic of Germany, which is designed to protect and defend the rights of the lands during the adoption of laws that affect the powers of the governments of individual regions of the country. He has broad powers and serves the interests of maintaining a balance of power.

Location

An influential federal body was born simultaneously with the formation of the Federal Republic of Germany in 1949. As a result of the work of the Parliamentary Council in 1948-1949, the Constitution of the country was adopted, according to which the Bundestag and the Bundesrat were created. Initially, both legislative bodies met in the Federation House in Bonn, which became the capital of Germany.

The unification of Germany, which took place in the late eighties, put an end to the capital status of a small West German town, respectively, the question arose of moving the authorities to Berlin.

The decision to relocate the federal body was made in 1996. The building of the former House of Lords was chosen to house the senators. Prussian Landtag, located on Leipzig Street. For four years, the historical architectural monument was subjected to restoration work, after which the German Bundesrat moved to Berlin.

Method of election

The Bundesrat is a rather peculiar and complex state body. As a legislative assembly, it is formed from representatives of the executive branch, eventually forming a universal negotiating platform.

The Bundesrat is formed from representatives of the governments of the federal states. In the case of Berlin, Hamburg and Bremen - cities of federal importance - the representatives are the burgomasters and senators. Other regions send both prime ministers and the most important ministers to the capital.

The structure of the Bundesrat remained unchanged from the day it was formed in 1949 until the time of German reunification. Each state has delegated three to five senators to the federal body, depending on population.

However, after reunification with the GDR, it was decided to increase the representation of large regions so that they could create a blocking majority when passing the most important laws. Thus, the Bundesrat today consists of 69 senators, the most populated states - Bavaria, Baden-Württemberg, Lower Saxony, North Rhine-Westphalia - delegate six representatives.

Organization

The delegation of each land is usually headed by the chairman of the government of the region. Votes from each block can be submittedonly in agreement. Unlike the deputies of the Bundestag, the senator is not free to make decisions, but must obey the instructions of his land.

The Bundesrat is a permanent body of power, its work is continuous, and the composition of the participants is subject to changes according to the results of elections to the Landtags - local parliaments.

The representative chamber is headed by a chairman elected from among the prime ministers of individual lands. In order to avoid unnecessary conflicts and disagreements, in 1950 the senators agreed that the chairman would change every year, and this position would be alternately occupied by representatives of all the lands, starting with the most populated.

Members of the Bundesrat do not receive a salary from the federal budget, as they are employees of their lands. The only thing that senators are compensated for is rail travel.

Functions

The powers of the Bundesrat are quite significant and weighty. Not all laws adopted by the Bundestag are subject to approval by the representatives of the regions. However, decisions that determine taxation, questions of the territorial boundaries of the lands, the organization of local government, as well as changes to the Basic Law, must be enshrined in a decision of the Bundesrat.

In addition, the federal government has the right to decide on the disapproval of other laws adopted by the Bundestag, after which the project is returned for revision and re-vote. In this case, the deputies of the lower house of parliament can confirm their decision only by an absolutemajority vote.

However, in practice, the Bundestag and the Bundesrat seek to resolve all differences before the final vote, and therefore closely cooperate with each other.

Committees and Coalitions

Sixteen relevant committees operate on a permanent basis in the federal legislative body. Before being considered by the entire assembly, the bill goes through the procedure of discussion within the special committees.

In this case, a preliminary internal vote takes place. In this case, each land has one vote.

The Bundestag and the Bundesrat differ significantly in the voting procedure between themselves. In the case of the Bundesrat, the party affiliation of the senator is of secondary importance, first of all, he is responsible to his own region, and not to the party leadership.

Accordingly, when making decisions, members of the federal assembly of states are guided by the interests of their own region, which explains the rather complex system of coalitions in this government.

Participation in the organization of power in the country

The Bundesrat, according to the Constitution of Germany, does not take part in presidential elections, however, according to tradition, senators are present during the solemn swearing-in of the elected leader of the state.

Representatives of the lands have broad powers in the formation of the judicial branch of government in the country. The German Basic Law prescribes that half of the members of the Federal Constitutional Court are elected by the Bundesrat. And fora 2/3 majority of the members of the Bundesrat is required to approve the candidature of a particular federal judge.

Therefore, candidates are usually submitted for consideration as a whole package, which equally suits the two most influential political forces in the country - the CDU/CSU and the SPD.

Emergency powers

The Bundesrat is an authority that, according to the German Constitution, in exceptional cases can assume the status of the sole legislative body in the country. In the event that the Bundestag has rejected the request for confidence in the Chancellor, the Federal President, at the proposal of the latter and after the approval of the Bundesrat, may declare a state of legislative necessity.

This is a peculiar situation in which the Bundestag is actually withdrawn from the political field, and the Bundesrat becomes the only legislative body. Laws approved by senators go into effect immediately without discussion in the lower house.

Nevertheless, the parliamentary tradition that has developed in the country makes it possible to avoid such extreme situations, and the provision of a legislative initiative has never been applied in Germany.