Federalism in Germany
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Federalism in Germany is made of the states of Germany and the federal government. The central government, the states, and the German municipalities have different tasks and partially competing regions of responsibilities ruled by a complex system of checks and balances.
History
German federalism dates back to the founding of the Holy Roman Empire in the Middle Ages, to the reforms that came with the Peace of Westphalia and to the constitution of the German Empire from 1871.[1]
Following German unification, German federalism came into conflict with German nationalism. Nationalists argued for power to be concentrated in the central government in Berlin, but were resisted by monarchs and their governments in the various German states outside the Kingdom of Prussia, with the Kingdom of Bavaria in particular keen to defend the rights afforded to it in the Imperial constitution.
After the end of World War II, the federal nature of Germany was restored, after having been effectively abolished under the Nazis. The current German constitution, adopted in 1949, protects Germany's federal nature in the so-called eternity clause.
Since re-unification in 1990, the Federal Republic has consisted of sixteen states: the ten states of the Federal Republic before re-unification ("West Germany"), the five new states of the former East Germany, and Berlin.
Division of powers
The
The Basic Law divides the federal and state governments' legislative responsibilities into exclusive federal powers (Articles 71 and 73), competing powers (Articles 72, 74), deviation powers (Article 72), and exclusive state powers (Article 70). The exclusive legislative jurisdiction of the federal government includes
In the areas of
The federal and state governments share concurrent powers in several areas, including, but not limited to,
The areas of shared responsibility for the states and the federal government were enlarged by an amendment to the Basic Law in 1969 (Articles 91a and 91b), which calls for joint action in areas of broad social concern such as higher education, regional economic development, and agricultural reform.
International relations, including international treaties, are primarily the responsibility of the federal level but, as in other federations, the constituent states have limited powers in this area. As provided in Article 23, Article 24, and Article 32 of the Basic Law, the states (Länder) have the right to representation at the federal level (i.e. through the Bundesrat) in matters of international relations that affect them, including the transfer of sovereignty to international organizations and, with the consent of the federal government, have limited powers to conclude international treaties.[5]
Some older treaties between German states and other countries also remain in effect. The Bavarian–Austrian Salt Treaty of 1829 (German: Konvention zwischen Bayern und Österreich über die beiderseitigen Salinenverhältnisse vom 18. März 1829), for instance, is the oldest European treaty still in effect.[6] 1957 the government of Bavaria used a revision of the treaty to actively claim the states' rights against the will and claims of the federal government.[6]
States' role in federal politics
Federal legislation
The
The Bundestag is typically the dominant body in ordinary federal lawmaking, but the Bundesrat's explicit consent (an
A two-thirds majority of all members in the Bundestag and a two-thirds majority of all voting members (representing at least half of members) in the Bundesrat is required for any constitutional amendment.[7]
Federal judiciary
In a rotating fashion, Federal Constitutional Court judges are elected by a two-thirds majority vote by the Bundestag and the Bundesrat.[9] By a majority vote, judges of other federal courts (e.g. Federal Court of Justice) are elected simultaneously by both the federation and the states with each having half of the voting power.[10]
President
The president of Germany, a largely symbolic position given Germany's parliamentary system but nonetheless the official head of state, is also elected by both the federal parliament and state legislatures coequally (see: Federal Convention (Germany)).
Composition of state representation
The makeup of the Bundesrat and therefore the representation of the states at the federal level is fundamentally different from the upper houses of some other federal systems, such as the
European Union
Since Germany is a member of the
See also
References
- ISBN 9780333968604.
- ^ a b "Basic Law for the Federal Republic of Germany". Gesetze im Internet. Retrieved April 21, 2020.
- ^ Bundeszentrale für politische Bildung. Retrieved April 21, 2020.
- Tagesschau. Retrieved April 28, 2020.
- ^ Leonardy, Uwe (1999). "Länder Power-Sharing in International Relations and European Affairs". The institutional structures of German federalism. Working papers / Friedrich-Ebert-Stiftung, London Office (electronic ed.). Friedrich Ebert Foundation.
- ^ a b Alexander Wegmaier: Salinenkonvention 1829 und 1957 In: Historisches Lexikon Bayerns (24.6. 2013)
- ^ a b c "Gesetzgebungsverfahren: Zustimmungs- und Einspruchgsesetze". Bundesrat. Retrieved April 21, 2020.
- ^ "Statistik". Bundesrat. Retrieved May 7, 2020.
- ^ "Wahl der Richterinnen und Richter". Bundesverfassungsgericht. Retrieved April 21, 2020.
- ^ "Bundesrichterwahlen: Politik bestimmt Justiz". Legal Tribunal Online. Retrieved April 27, 2020.