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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)

LAW-MAKING PROCESS

Bundesrat

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

Bills

deliver an opinion

public discussion

deliver an opinion

Bundestag

Bundestag

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

Mediation Committee

- amend the bill

Bundestag and Bundesrat is satisfied

afterward

4. reading

vote on the compromise proposal as a whole

no debate

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