Bundesrat (Germany)

See also: Federal council

The Bundesrat (Federal council) is the representation of the 16 German Länder ( Bundesländer ). It has its seat in the old Prussian Room of the lords with Berlin.

In Bundesrat 69 votes are expressed. Länder with more than seven million inhabitants have 6 votes, those between six and seven million inhabitants has 5 of them, those between two and six million inhabitants has 4 votes and those with less than two million inhabitants have three of them, which gives an over-representation of small Länder compared to their demographic weight. Each Land can as many designate members of its government as regular members of Bundesrat than it has votes. The other members of the governments of Länder are however systematically designated as temporary what gives the same rights of presence and word. If only one is present there, it with the responsibility for the entirety of the votes of its Land. The representation of the government of a Land by a minister of another Land is prohibited.

The presidency passes successively from one Land to the other; the president of Bundesrat is the substitute of the president of the Federal republic. Is obligatorily voted in block for each Land as has just pointed out it the Constitutional court. An abstention is equivalent to “not”. Before the elections of September 18th, 2005, Bundesrat was dominated by the opposition at the federal level (CDU, CSU and FDP), which had 43 votes. With the defeat with the elections of Landtag of Rhineland-of-North-Westphalia on May 22nd, 2005, the coalition SPD-Greens at the federal level lost its last six votes.

The coalition envisaged of CDU/CSU and SPD at the federal level will have 36 votes, including 15 of CDU, 15 of CDU and SPD and 6 of CSU. The votes of the coalitions between CDU and FDP in Bade-Wurtemberg, Lower Saxony, Rhineland-of-North-Westphalia and Saxony-Anhalt (in total 22), of the coalitions between SPD and Western PDS with Berlin and in Mecklembourg-Poméranie (7) and among that of the SPD and the FDP in the Rhineland-Palatinat (4) are to be regarded as neutrals because according to conventions of coalition the representatives of the governments of these Länder are obliged to abstain from in the event of divergence. This rule has as a consequence which Länder known as neutrals have an impact different according to the type of legislation suggested: The abstention being comparable with a negative vote, she plays against the bill if the assent of Bundesrat is necessary ( Zustimmungsgesetz ), but in favor of the project in the other cases where Bundesrat has only one right of objection ( Einspruchsgesetz ) (see will infra).

The federal government is obliged to initially present all the legislative initiatives to Bundesrat before they pass to the Bundestag. Moreover Bundesrat must approve any legislation in which the fundamental law grants to Länder concomitant capacities or are in charge of the application of federal laws (laws of assent - Zustimmungsgesetze ). The rate of laws which are subjected there passed from 10% in 1949 to 60% in 1993 as more and more of federal laws deal with topics of the competence of the legislation of Länder. Bundesrat has a absolute Veto on these legislations and a suspensive veto on any other law (law of complaint - Einspruchsgesetz ). In particular, laws on the administrative procedure on the level of Länder and on the taxes shared between Federation and Länder (càd. the majority of the taxes) must obtain the agreement of Bundesrat. The suspensive veto can be rejected by the Bundestag with the majority of its members; the rejection requires a majority of two thirds if Bundesrat decided to put its veto with this majority (thus at least 46 votes).

The political power of the absolute veto is particularly obvious when the opposition parties at the Bundestag have a majority in Bundesrat, which often has the case. That can lead to blockings since Bundesrat cannot be dissolves and resembles governments of cohabitation in other countries. Nevertheless in the majority of the cases, blocking could be dissolves if the projects of federal legislation were limited to material law leaving the administrative procedure to the legislation of Länder as lays down it article 84 subparagraph 1 of the Fundamental law.

Certain observers stress that different majorities in the two assemblies ensure that any legislation, when it is approved, has the support of a broad base -- a particularly important point after the unification then the consensus on essential political decisions is particularly necessary. That obviously constrained with a form of dialog enters the federal level and Länder.

Other observers propose that leads to compromises of corridors when small groups are strategically able to weigh very strongly on the exit of a vote. The current federal commission examines these points among others. One often suggested taking as a starting point the system of the the United States of America and his Senate, perhaps by avoiding the equality of each State whatever his size.

The current president of Bundesrat is Peter Harry Carstensen, minister-president of the the Schleswig-Holstein. The presidency alternates between Länder annually on November 1st in the order of their population. The official celebrations of the national festival (October 3rd) take place in the capital of the Land assuming the presidency. As from 2006, this Land will be honoured with a currency commemorative of 2 euros.

External bonds

official site

Simple: Bundesrat (Germany)

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