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LEGISLATIVE POWER
(Gesetzgebungskompetenz)
How are laws made in Germany?
Foreign affairs
not done
basic law
concurrent legislative power
exclusive legislative power
only if necessary for
only federal government enacts laws
Defence
equal living conditions
explicit authorization
Telecommunications
Citizenship
preservation:
- legal unity
- economic unit
Currency
Postal service (Postwesen)
federal level
cannot make amendments
absolute veto
consent / no objection
suspensive veto
doesn't approve
objection
act finally denied
Execution of the act
- Federal Chancellor and federal minister countersign it
Federal President signs it into law:
checks if...
... law has been adopted according to the constitution
... law is according to the constitution contentwise
act will be executed
- announcing law in the Federal Gazette
enters into force the 14. day after it has appeared
(if no other date is determined)
constitutional complaint
concrete review
abstract review
constitutional complaint
abstract review
concrete review
(konkrete Normenkontrolle)
(abstrakte Normenkonrolle)
- actual case / controversy
- individual lodges objection
- federal / state government
Constitutional Court
- court lodges an objection
- 1 /3 of members in Bundestag
- no actual case / controversy
Is the law compatible with the basic law?
5. reading
5. reading
- no debate, only statements
- Bundestag can reject the objection, if requested by...
... a parliamentary group
+
not less than an absolute majority
have same majority as the Bundesrat
+
... at least 5% of the members
(simple or two third)
very difficult to obtain (= erhalten)
objection not outvoted
objection outvoted
Bundesrat
federal government
Federal government
- Federal Chancellor + Federal Ministers
- realize projects from their programme
- most experience with implementation
knows the need for new legal regulations
parliamentary group / 5% of the members in Bundestag
- assosiations
- interest groups
- petitions
- local authority
of trade and industry
associations
urgent bills
Bundesrat
federal government
deliver an opinion
public discussion
deliver an opinion
Bundestag
- date is decided by the Council of Elders
- the bill is registered, printed and handed out
straight
1. reading
2. reading
3. reading
Before 2. reading
away
- rapporteur (= Berichterstatter) can add things
- debate if requested by parliamentary group/
- debate if requested by Council of Elders /
- parliamentary groups build working groups
5% of the members
}
- consideration of the provisions (= Bestimmungen)
go through the matter
united front
present the issue to the public
- motions for amendments
define their own position
- motions for amendments
- transfer the bill to committees
Committees
- one lead committee
- prepare the bill for 2. reading
go through subject matter
consult each other in sessions
sessions
hearings
/ experts to hearings
invite representatives of interest groups
interest groups
experts
not open to the public
cooperate
- members from every parliamentary group
only for certain subjects:
journalists, interest groups, parties
if the matter is complex/controversial:
learn of the concerns of affected groups
scientific advisory bodies, commissions,
specialised committees
interact with parliamentary groups from the opposition
attracts media interest
back up
undermine
amendments
(no formal motion)
speeches
(not for public, but to give proposals)
own political view
arguements of other parliamentary groups
only by parliamentary groups /
by parliamentary groups
5% of the members
inform each other during deliberations
by groupings
by members
- recommendation is handed out
- finale vote
report about process and events
new version is printed and distributed
simple majority
- debate on each clause
- Council of Elders sets a date for 2. reading
/
voted on as a whole
voted on individually
Mediation Committee
- members from the Bundestag and Bundesrat
- strictly confidential (= vertraulich)
no pressure from the states / political parties
- amend the bill
Bundestag and Bundesrat is satisfied
afterward
4. reading
vote on the compromise proposal as a whole
no debate