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THE CABINET
AND
THE BUNDESTAG
PREPARED BY
JOHN VER SOSAS
BUNDESKABINETT
(Cabinet of Germany)
O It is the chief Executive body of the
Federal Republic of Germany.
O It consists of the Chancellor and the
Cabinet Ministers.
O It contrast to the system under the Weimar
Republic, the Bundestag may both only
move a constructive vote of no-confidence
and can also choose to dismiss the entire
cabinet and not simply individual
ministers.
BUNDESKABINETT
(Cabinet of Germany)
O Fifteen Cabinet Ministers and the Chancellor
together make up the Federal Cabinet.
FINANCE
DEFENSE
TRANSPORT AND
DIGITAL
INFRASTRUCTURE
ECONOMIC COOPERATION AND
DEVELOPMENT
CHANCELLOR
FAMILY AFFAIRS,
SENIOR CITIZENS,
WOMEN AND YOUTH
FOOD AND
AGRICULTURE
ENVIRONMENT
HEAD OF FEDERAL CHANCELLERY
AND SPECIAL TASK
EDUCATION AND
RESEARCH
HEALTH
FOREIGN AFFAIRS INTERIOR
JUSTICE AND
CONSUMER
PROTECTION
ECONOMIC
AFFAIRS
NOMINATION
O The Chancellor is elected by the federal
parliament (Bundestag) after being
proposed by the President.
O Following the election, the Chancellor is
appointed by the President. The ministers
are appointed (and dismissed) by the
President upon proposal of the
Chancellor.
O Eventually, before taking office, the
Chancellor and ministers swear an oath in
front of the parliament.
FUNCTIONING
O The Chancellor is responsible for guiding the cabinet and
deciding its political direction (Richtlinienkompetenz).
O According to the principle of departmentalization
(Ressortprinzip), the cabinet ministers are free to carry out
their duties independently within the boundaries set by the
Chancellor's political directives.
O The Chancellor also decides the scope of each minister's
duties. If two ministers disagree on a particular point, the
cabinet resolves the conflict by a majority vote
(Kollegialprinzip or principle of deference).
O The Chancellor is in charge of the government's
administrative affairs, which are usually delegated to
the head of the Chancellery.
BUNDESTAG
O German, from ”Bund” federation and
tag, from ”tagen” to meet.
O As Germany’s parliament, the German
Bundestag stands at the centre of the country’s
political life and is its supreme democratic organ
of state.
O Since 1999, It has had its seat at the Reichstag
Building in Berlin.
PRESIDIUM OF THE GERMAN
BUNDESTAG
O The President and Vice-Presidents of the German
Bundestag constitute its Presidium, which is elected for the
duration of the electoral term.
O The members of the Presidium cannot be dismissed from
office by a decision of the Bundestag.
O The Presidium meets regularly each week when the
Bundestag is sitting to deliberate on questions relevant to
the management of Parliament. The matters in which it is
involved include the personnel decisions of the
Administration of the German Bundestag and the conclusion
of important contracts. Public relations issues are also
discussed in the Presidium.
O Each year, the President of the
German Bundestag determines the level of public funding
allocated to the parties. This executive duty is made
incumbent upon him or her by the Act on Political Parties.
FUNCTION AND ROLE OF THE
BUNDESTAG
O The German Bundestag is
elected by the German
people and is the forum
where differing opinions
about the policies the
country should be pursuing
are formulated and
discussed.
O The most important tasks
performed by the
Bundestag are the
legislative process and the
parliamentary scrutiny of
the government and its
work.
FUNCTION AND ROLE OF THE
BUNDESTAG
O The Members of the
German Bundestag also
decide on the federal
budget and deployments of
the Bundeswehr (Federal
Armed Forces) outside
Germany.
O Another important function
performed by the
Bundestag is the election of
the German Federal
Chancellor.
THE LEGISLATIVE PROCESS
O In Germany, the legislative process is a task for
the country’s parliaments. The Bundestag is
therefore the most important organ of the
legislative branch in the German Federation.
O Since, under Germany’s federal system,
the Länder hold a considerable share of the
powers of the state, the Bundesrat, the organ
through which the Länder participate in the
legislation and administration of the Federation,
is also involved in the legislative process.
PRINCIPLE OF THE DIVISON
OF POWERS
O The division of powers is one of the principles of
Germany’s democracy and is anchored in the
Basic Law. The powers of the state are divided
between several branches, the legislative, the
executive and the judiciary, which are supposed
to monitor one another and limit the power of the
state.
O In line with the principle of the division of powers,
the Bundestag is the highest organ of the
legislative in Germany. Alongside it stand the
Federal Government, representing the executive,
and the federal and Land courts, representing the
judiciary.
ELECTION OF THE FEDERAL CHANCELLOR
No Federal Chancellor without a
majority in Parliament.
1. One of the first tasks
performed by the Bundestag
in each electoral term is the
election of the Federal
Chancellor. A candidate is
proposed by the Federal
President, as provided for by
the Basic Law. The election is
then held exclusively among
the Members of the German
Bundestag, who vote in a
secret ballot without any prior
debate. The candidate
requires an absolute majority
in Parliament. This means that
at the beginning of the 17th
electoral term the new Federal
Chancellor needed the votes
of at least 312 of its Members.
ELECTION OF THE FEDERAL CHANCELLOR
No Federal Chancellor without a
majority in Parliament.
2. Following his or her election, the
successful candidate is appointed
by the Federal President and sworn
in before the Bundestag. He or she
is now able to propose his or her
federal ministers.
3. Furthermore, it is only possible for
the Federal Chancellor to be voted
out of office by Parliament - by
means of what is known as a
constructive vote of no confidence.
At the same time, it must elect a
successor by the majority of its
Members, requesting that the
Federal President dismiss the
current Federal Chancellor and
appoint the newly elected candidate.
The Federal President must comply
with this request.
ELECTION OF THE FEDERAL PRESIDENT
The Federal President and the Federal Convention
O The Federal Convention is the largest parliamentary
convention in the Federal Republic of Germany. Its
sole function is to elect the Federal President.
O The Convention usually assembles only every five
years in the Reichstag Building, the exception being if
the Federal President’s term of office ends
prematurely.
O The Federal Convention is convened by the President
of the Bundestag, who determines its venue and date,
and is also responsible for the preparation and holding
of the Convention and for follow-up activities.
O The Basic Law (the German constitution) stipulates
that the Federal Convention must meet 30 days before
the end of the Federal President’s term of office, at the
latest.
Members of the Bundestag and representatives of
the Länder
O The Federal Convention consists of all Members of
the Bundestag and an equal number of members elected by
the parliaments of the Länder.
O The number of representatives which the
individual Länder may send to the Federal Convention is
calculated based on the population of each Land.
O Once the venue and date of the Federal Convention and the
number of its members have been announced, the
representatives of the Länder are elected by
the Landparliaments in line with the principles of
proportional representation. They are usually members of
the parliaments of the Länder, but local politicians and
figures from other areas of public life may also be elected.
ELECTION OF THE FEDERAL PRESIDENT
Nomination and conduct of the election
O The Federal President is elected by secret ballot
without any prior debate.
O In theory, any German who is at least forty years
old is eligible for election. Candidates may be
proposed by any member of the Federal
Convention.
O If none of the candidates receives an absolute
majority, i.e. more than half the votes, in the first
and second ballots, a third ballot is held. In this
case, a relative majority is sufficient: whoever
receives the most votes wins. New candidates can
also be nominated for the second and third ballots.
ELECTION OF THE FEDERAL PRESIDENT
Taking up office
O The President of the Bundestag announces the result of the
count and asks the person elected whether he or she accepts
his or her election. Following a short speech by the president
elect, the President of the Bundestag declares the Federal
Convention to be ended. It has fulfilled its function.
O The future Federal President takes up office as soon as the
term of office of his or her predecessor has expired.
O A newly elected Federal President takes the following oath
upon taking up office: "I swear that I will dedicate my efforts to
the well-being of the German people, promote their welfare,
protect them from harm, uphold and defend the Basic Law
and the laws of the Federation, perform my duties
conscientiously, and do justice to all. So help me God." The
oath can also be taken without religious affirmation.
ELECTION OF THE FEDERAL PRESIDENT
PERMANENT COMMITTEES
O A large proportion of the work done in Parliament
goes on in the permanent committees, each of
which is formed by a decision of the Bundestag for
the duration of the whole electoral term.
O The permanent committees are quite distinct from
other bodies of the Bundestag with which they are
sometimes confused, such as the Mediation
Committee, the Joint Committee and committees
of inquiry. In the 18th electoral term, the Bundestag
has set up 23 permanent committees. They are
made up of Members from the various
parliamentary groups in line with their relative
strengths in Parliament.
PERMANENT COMMITTEES
O A committee is a forum in which Members are
able to concentrate on a single, specialized
area of policy. They deliberate on all bills that
will have an impact in this field before any
decision is taken and attempt to find a
compromise at the committee stage that is
capable of commanding majority support in
the plenary.
O The committees obtain information from the
government and expert witnesses in order to
learn more about the background to the
issues on which they have to deliberate.
THE CONSTITUTIONAL
COURT
FEDERAL CONSTITUTIONAL COURT
AND CONSTITUTIONAL ORGAN
O It is both a court and a constitutional organ. It
consists of two Senates, each of them with eight
Justices.
O The President and the Vice-President are the
chairpersons of the Senates. Each Senate has its
own, precisely defined competences, but always
decides as “the Federal Constitutional Court”.
Which of the two Senates is competent to decide
follows from the Federal Constitutional Court Act
and a decision taken by the Plenary –that is, a
decision taken jointly by all the 16 Justices. In rare
cases, the Plenary decides a case itself; this is
mandated if one Senate intends to deviate from
the other Senate’s interpretation of the law.
CONSTITUTIONAL ORGAN
O As a Constitutional Organ, Federal
Constitutional Court is not subject to the
administrative supervision of a ministry.
The Plenary decides on basic
organizational issues; the Budget and
Staff Committee, which is appointed by
the Plenary, prepares the draft budget of
approximately EUR 28 million per year.
The President heads the administration of
the Court and represents it externally.
FEDERAL CONSTITUTIONAL COURT
AND CONSTITUTIONAL ORGAN
O Each Justice is assisted by four research
assistants (or “clerks”) who have prior work
experience in regular courts, public
authorities, law firms or universities. The
Court also has a library of about 400,000
books, journals, and data bases. Moreover,
the high workload of the Court would be
impossible to manage without
the Rechtspfleger (senior judicial officers),
and the staff working in the registries, the
Justices’ outer offices, the Court Office, the
administration, the library, and IT. Overall,
about 260 people ensure that the Federal
Constitutional Court can fulfil its duties.
FEDERAL CONSTITUTIONAL
COURT STRUCTURE
O The Court consists of two Senates, each of them with eight
members. Currently, the Vice-President presides over the First
Senate, the President over the Second Senate. Both Senates
maintain several Chambers, each of them with three members. Each
of the 16 Justices is assisted by four research assistants (or “clerks”)
who have prior work experience in regular courts, public authorities,
law firms or universities.
O Half of the 16 members of the Federal Constitutional Court are
elected by the Bundestag, and half by the Bundesrat.
O Bundestag and Bundesrat also take turns in determining the
President and Vice-President of the Court. A two-thirds majority is
required in both electoral bodies. This procedure is intended to
ensure that the composition of the Senates is well-balanced.
FEDERAL CONSTITUTIONAL
COURT STRUCTURE
O At least three members of each Senate must
be elected from the Supreme Federal Courts
(Federal Court of Justice, Federal
Administrative Court, Federal Finance Court,
Federal Labor Court and Federal Social
Court), in order to allow the Federal
Constitutional Court’s decisions to profit from
their particular judicial experience. Anyone
who is at least 40 years old and qualified to
hold judicial office pursuant to the German
Judiciary Act is eligible for election. The
Justices are elected to serve a twelve-year
term; retirement age is 68. To ensure their
independence, there is no re-election.
RELATIONS TO OTHER
COURTS
O The Federal Constitutional Court has always
seen itself as part of the international legal
order and the global community of
constitutional courts. It is in regular
professional contact with national and
international courts. There is ample
opportunity for such exchange when the
members of the Federal Constitutional Court
visit their counterparts within and outside
Europe and receive foreign delegations in
Karlsruhe.
RELATIONS TO OTHER
COURTS
O The Federal Constitutional Court participates
in many international networks. It was one of
the initiators both of the Conference of
European Constitutional Courts, which has
regularly taken place since 1972, and of the
meetings with the German-language
constitutional courts (Austria, Switzerland, and
Liechtenstein), the European Court of Human
Rights and the Court of Justice of the
European Union, which have been held since
2006.
POLITICAL PARTIES IN
GERMANY
STATE PARLIAMENT
REPRESENTED PARTIES
O Free Voters (Freie Wähler, FW)
O Pirate Party Germany (Piratenpartei Deutschland,
PIRATEN)
O National Democratic Party of Germany - The People’s
Union (Nationaldemokratische Partei Deutschlands –
Die Volksunion, NPD)
O South Schleswig Voter Federation (Südschleswigscher
Wählerverband , SSW)
O Citizens in Rage (Bürger in Wut, BIW)
O German Communist Party (Deutsche Kommunistische
Partei, DKP)
CHRISTIAN DEMOCRATIC
UNION OF GERMANY
O Christian democratic and
conservative party
O Founded in 1945 and currently
the largest party ahead of the
Social Democratic Party of
Germany
O Regarded as part of the centre-
right of the German political
spectrum
O Forms the CDU/CSU grouping
(also known as the Union)
together with its sister party, the
Christian Social Union of Bavaria,
in the Bundestag
O Member of the European
People’s Party (EPP) and sits in
the EPP Group in the European
Parliament
CHRISTIAN SOLCIAL UNION
IN BAVARIA
O Christian Democratic and
Conservative Party
O Founded in 1945
O Operates only in Bavaria while its
sister party, the Christian
Democratic Union, operates in the
other 15 states
O The smallest of the six parties
represented in the Bundestag, it
only has 45 seats
O Founded as a continuation of the
Weimar-era Catholic Bavarian
People’s Party
O Currently governs at federal level
with both its sister Christian
Democratic Union and Free
Democratic Party
SOCIAL DEMOCRATIC
PARTY OF GERMANY
O Social-democratic liberal party
O Second largest party behind the
Christian Democratic Union and
the oldest parliament
represented party
O Governed at federal level in
grand coalition with the Christian
Democratic Union and Christian
Social Union between 2005 and
2009
O Defeated in the federal election
of 2009 with its share of votes
having decreased from 34.2% to
23%, it is currently the largest
Bundestag represented
opposition party
O Full member of the Party of
European Socialists and Socialist
International
FREE DEMOCRATIC PARTY
O Centre-right classical liberal party
O Founded on 11 December 1948
O Currently serves as junior
coalition partner to the Union
(Christian Democratic Union and
Christian Social Union) and is the
third largest Bundestag
represented party with 93
members
O Has held the balance of power in
the Bundestag for most of the
Federal Republic’ history has
been in federal government
longer than any other party as
junior coalition partner to either
the CDU/CSU (1949-56; 1961-
66; 1982-88; since 2009) or the
Social Democratic Party (1969-
82)
THE LEFT
O Democratic socialist party and
most left-wing Bundestag
represented party
O Founded on 16 June 2007 as
merger of the Party of Democratic
Socialism- successor of the
Socialist Unity Party of Germany
(the ruling party of the former East
Germany) and Electoral Alternative
for Labour and Social Justice
(WASG)
O Member of the Party of the
European Left and largest party in
the European United Left-Nordic
Green Left group in the European
Parliament internationally
ALLIANCE ’90/ THE GREENS
O Green and centre-left
party
O Founded in 1980 as The
Greens and 1993 with
merger of the Greens
and Alliance 90
O Won 10.7% of the votes
in 2009 federal elections
O With 68 out of 622 seats
in the Bundestag , it is
the second smallest
Bundestag represented
party
FREE VOTERS
O Received 10.2% of the
vote in 2008 Bavaria
state election and
gained first 20 seats in
the Landtag.
PIRATE PARTY GERMANY
O Civil libertarian and social
liberal Party based on model of
Swedish Piratpartiet
O Founded on 10 September
2006
O Supports preservation of
current civil rights in telephony
and on the Internet; particularly
opposes European data
retention policies and
Germany’s new Internet
censorship law Zugangsersch-
werungsgesetz
O Favors civil right to information
privacy and copyright,
education, and genetic patents
NATIONAL DEMOCRATIC PARTY OF
GERMANY- THE PEOPLE’S UNION
O Far right nationalist party
O Founded on 28 November 1964 as
successor to the German Reich
Party
O Merged with far right German
People’s Union on 1 January 2011
, which added the ‘The People’s
Union’ to the party name
O Often described as a neo-Nazi
organization and “the most
significant neo-Nazi party to
emerge after 1945”
O Currently represented in only two
of Germany’s sixteen state
parliaments, it has no seats at
federal level
SOUTH SCHLESWIG VOTER
FEDERATION
O Regional social liberal and
ethnic minority interests party;
represents the Danish and
Frisian minorities
O Founded in 1948
O Does not identify itself with left-
right scale, but bases its policies
on Scandinavian countries
O Represented in the diet
(Landtag) of Schleswig-Holstein
and several regional and
municipal courts
O In most recent Schleswig-
Holstein election of 2009, it
gained 4.3% of the vote and
won four seats
CITIZENS IN RAGE
O Right-wing populist voter’s
association
O Founded in March 2004 as
successor to the Bremen
section of the Law and Order
Offensive Party (“Schill
party”)
O Its focus has been on
important issues like crime
fighting and immigration
policy
O Took part in Bremen
parliamentary election of
2007
O Won 3.7% of the popular
state statewide in Bremen
state election of 2011
GERMAN COMMUNIST PARTY
O Communist, Marxist-Leninist
party
O Founded in 1968 to take the
place of the banned Communist
Party of Germany
O Remained on the political fringe
and never won more than 0.3%
of the total votes in federal
elections
O Had relatively larger support in
the 1970s; managed to get at
least 2.2% in elections Hamburg;
at least 3.1% in elections in
Bremen; at least 2.7% in
Saarland
O Entered a significant decline in
the years following German
reunification; as of 2008,
membership is only some 4,000
DAS ENDE
(THE END)

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Germany government (legislative and judiciary branch) 2

  • 2. BUNDESKABINETT (Cabinet of Germany) O It is the chief Executive body of the Federal Republic of Germany. O It consists of the Chancellor and the Cabinet Ministers. O It contrast to the system under the Weimar Republic, the Bundestag may both only move a constructive vote of no-confidence and can also choose to dismiss the entire cabinet and not simply individual ministers.
  • 3. BUNDESKABINETT (Cabinet of Germany) O Fifteen Cabinet Ministers and the Chancellor together make up the Federal Cabinet. FINANCE DEFENSE TRANSPORT AND DIGITAL INFRASTRUCTURE ECONOMIC COOPERATION AND DEVELOPMENT CHANCELLOR FAMILY AFFAIRS, SENIOR CITIZENS, WOMEN AND YOUTH FOOD AND AGRICULTURE ENVIRONMENT HEAD OF FEDERAL CHANCELLERY AND SPECIAL TASK EDUCATION AND RESEARCH HEALTH FOREIGN AFFAIRS INTERIOR JUSTICE AND CONSUMER PROTECTION ECONOMIC AFFAIRS
  • 4. NOMINATION O The Chancellor is elected by the federal parliament (Bundestag) after being proposed by the President. O Following the election, the Chancellor is appointed by the President. The ministers are appointed (and dismissed) by the President upon proposal of the Chancellor. O Eventually, before taking office, the Chancellor and ministers swear an oath in front of the parliament.
  • 5. FUNCTIONING O The Chancellor is responsible for guiding the cabinet and deciding its political direction (Richtlinienkompetenz). O According to the principle of departmentalization (Ressortprinzip), the cabinet ministers are free to carry out their duties independently within the boundaries set by the Chancellor's political directives. O The Chancellor also decides the scope of each minister's duties. If two ministers disagree on a particular point, the cabinet resolves the conflict by a majority vote (Kollegialprinzip or principle of deference). O The Chancellor is in charge of the government's administrative affairs, which are usually delegated to the head of the Chancellery.
  • 6. BUNDESTAG O German, from ”Bund” federation and tag, from ”tagen” to meet. O As Germany’s parliament, the German Bundestag stands at the centre of the country’s political life and is its supreme democratic organ of state. O Since 1999, It has had its seat at the Reichstag Building in Berlin.
  • 7. PRESIDIUM OF THE GERMAN BUNDESTAG O The President and Vice-Presidents of the German Bundestag constitute its Presidium, which is elected for the duration of the electoral term. O The members of the Presidium cannot be dismissed from office by a decision of the Bundestag. O The Presidium meets regularly each week when the Bundestag is sitting to deliberate on questions relevant to the management of Parliament. The matters in which it is involved include the personnel decisions of the Administration of the German Bundestag and the conclusion of important contracts. Public relations issues are also discussed in the Presidium. O Each year, the President of the German Bundestag determines the level of public funding allocated to the parties. This executive duty is made incumbent upon him or her by the Act on Political Parties.
  • 8. FUNCTION AND ROLE OF THE BUNDESTAG O The German Bundestag is elected by the German people and is the forum where differing opinions about the policies the country should be pursuing are formulated and discussed. O The most important tasks performed by the Bundestag are the legislative process and the parliamentary scrutiny of the government and its work.
  • 9. FUNCTION AND ROLE OF THE BUNDESTAG O The Members of the German Bundestag also decide on the federal budget and deployments of the Bundeswehr (Federal Armed Forces) outside Germany. O Another important function performed by the Bundestag is the election of the German Federal Chancellor.
  • 10. THE LEGISLATIVE PROCESS O In Germany, the legislative process is a task for the country’s parliaments. The Bundestag is therefore the most important organ of the legislative branch in the German Federation. O Since, under Germany’s federal system, the Länder hold a considerable share of the powers of the state, the Bundesrat, the organ through which the Länder participate in the legislation and administration of the Federation, is also involved in the legislative process.
  • 11. PRINCIPLE OF THE DIVISON OF POWERS O The division of powers is one of the principles of Germany’s democracy and is anchored in the Basic Law. The powers of the state are divided between several branches, the legislative, the executive and the judiciary, which are supposed to monitor one another and limit the power of the state. O In line with the principle of the division of powers, the Bundestag is the highest organ of the legislative in Germany. Alongside it stand the Federal Government, representing the executive, and the federal and Land courts, representing the judiciary.
  • 12. ELECTION OF THE FEDERAL CHANCELLOR No Federal Chancellor without a majority in Parliament. 1. One of the first tasks performed by the Bundestag in each electoral term is the election of the Federal Chancellor. A candidate is proposed by the Federal President, as provided for by the Basic Law. The election is then held exclusively among the Members of the German Bundestag, who vote in a secret ballot without any prior debate. The candidate requires an absolute majority in Parliament. This means that at the beginning of the 17th electoral term the new Federal Chancellor needed the votes of at least 312 of its Members.
  • 13. ELECTION OF THE FEDERAL CHANCELLOR No Federal Chancellor without a majority in Parliament. 2. Following his or her election, the successful candidate is appointed by the Federal President and sworn in before the Bundestag. He or she is now able to propose his or her federal ministers. 3. Furthermore, it is only possible for the Federal Chancellor to be voted out of office by Parliament - by means of what is known as a constructive vote of no confidence. At the same time, it must elect a successor by the majority of its Members, requesting that the Federal President dismiss the current Federal Chancellor and appoint the newly elected candidate. The Federal President must comply with this request.
  • 14. ELECTION OF THE FEDERAL PRESIDENT The Federal President and the Federal Convention O The Federal Convention is the largest parliamentary convention in the Federal Republic of Germany. Its sole function is to elect the Federal President. O The Convention usually assembles only every five years in the Reichstag Building, the exception being if the Federal President’s term of office ends prematurely. O The Federal Convention is convened by the President of the Bundestag, who determines its venue and date, and is also responsible for the preparation and holding of the Convention and for follow-up activities. O The Basic Law (the German constitution) stipulates that the Federal Convention must meet 30 days before the end of the Federal President’s term of office, at the latest.
  • 15. Members of the Bundestag and representatives of the Länder O The Federal Convention consists of all Members of the Bundestag and an equal number of members elected by the parliaments of the Länder. O The number of representatives which the individual Länder may send to the Federal Convention is calculated based on the population of each Land. O Once the venue and date of the Federal Convention and the number of its members have been announced, the representatives of the Länder are elected by the Landparliaments in line with the principles of proportional representation. They are usually members of the parliaments of the Länder, but local politicians and figures from other areas of public life may also be elected. ELECTION OF THE FEDERAL PRESIDENT
  • 16. Nomination and conduct of the election O The Federal President is elected by secret ballot without any prior debate. O In theory, any German who is at least forty years old is eligible for election. Candidates may be proposed by any member of the Federal Convention. O If none of the candidates receives an absolute majority, i.e. more than half the votes, in the first and second ballots, a third ballot is held. In this case, a relative majority is sufficient: whoever receives the most votes wins. New candidates can also be nominated for the second and third ballots. ELECTION OF THE FEDERAL PRESIDENT
  • 17. Taking up office O The President of the Bundestag announces the result of the count and asks the person elected whether he or she accepts his or her election. Following a short speech by the president elect, the President of the Bundestag declares the Federal Convention to be ended. It has fulfilled its function. O The future Federal President takes up office as soon as the term of office of his or her predecessor has expired. O A newly elected Federal President takes the following oath upon taking up office: "I swear that I will dedicate my efforts to the well-being of the German people, promote their welfare, protect them from harm, uphold and defend the Basic Law and the laws of the Federation, perform my duties conscientiously, and do justice to all. So help me God." The oath can also be taken without religious affirmation. ELECTION OF THE FEDERAL PRESIDENT
  • 18. PERMANENT COMMITTEES O A large proportion of the work done in Parliament goes on in the permanent committees, each of which is formed by a decision of the Bundestag for the duration of the whole electoral term. O The permanent committees are quite distinct from other bodies of the Bundestag with which they are sometimes confused, such as the Mediation Committee, the Joint Committee and committees of inquiry. In the 18th electoral term, the Bundestag has set up 23 permanent committees. They are made up of Members from the various parliamentary groups in line with their relative strengths in Parliament.
  • 19. PERMANENT COMMITTEES O A committee is a forum in which Members are able to concentrate on a single, specialized area of policy. They deliberate on all bills that will have an impact in this field before any decision is taken and attempt to find a compromise at the committee stage that is capable of commanding majority support in the plenary. O The committees obtain information from the government and expert witnesses in order to learn more about the background to the issues on which they have to deliberate.
  • 21. FEDERAL CONSTITUTIONAL COURT AND CONSTITUTIONAL ORGAN O It is both a court and a constitutional organ. It consists of two Senates, each of them with eight Justices. O The President and the Vice-President are the chairpersons of the Senates. Each Senate has its own, precisely defined competences, but always decides as “the Federal Constitutional Court”. Which of the two Senates is competent to decide follows from the Federal Constitutional Court Act and a decision taken by the Plenary –that is, a decision taken jointly by all the 16 Justices. In rare cases, the Plenary decides a case itself; this is mandated if one Senate intends to deviate from the other Senate’s interpretation of the law.
  • 22. CONSTITUTIONAL ORGAN O As a Constitutional Organ, Federal Constitutional Court is not subject to the administrative supervision of a ministry. The Plenary decides on basic organizational issues; the Budget and Staff Committee, which is appointed by the Plenary, prepares the draft budget of approximately EUR 28 million per year. The President heads the administration of the Court and represents it externally.
  • 23. FEDERAL CONSTITUTIONAL COURT AND CONSTITUTIONAL ORGAN O Each Justice is assisted by four research assistants (or “clerks”) who have prior work experience in regular courts, public authorities, law firms or universities. The Court also has a library of about 400,000 books, journals, and data bases. Moreover, the high workload of the Court would be impossible to manage without the Rechtspfleger (senior judicial officers), and the staff working in the registries, the Justices’ outer offices, the Court Office, the administration, the library, and IT. Overall, about 260 people ensure that the Federal Constitutional Court can fulfil its duties.
  • 24. FEDERAL CONSTITUTIONAL COURT STRUCTURE O The Court consists of two Senates, each of them with eight members. Currently, the Vice-President presides over the First Senate, the President over the Second Senate. Both Senates maintain several Chambers, each of them with three members. Each of the 16 Justices is assisted by four research assistants (or “clerks”) who have prior work experience in regular courts, public authorities, law firms or universities. O Half of the 16 members of the Federal Constitutional Court are elected by the Bundestag, and half by the Bundesrat. O Bundestag and Bundesrat also take turns in determining the President and Vice-President of the Court. A two-thirds majority is required in both electoral bodies. This procedure is intended to ensure that the composition of the Senates is well-balanced.
  • 25. FEDERAL CONSTITUTIONAL COURT STRUCTURE O At least three members of each Senate must be elected from the Supreme Federal Courts (Federal Court of Justice, Federal Administrative Court, Federal Finance Court, Federal Labor Court and Federal Social Court), in order to allow the Federal Constitutional Court’s decisions to profit from their particular judicial experience. Anyone who is at least 40 years old and qualified to hold judicial office pursuant to the German Judiciary Act is eligible for election. The Justices are elected to serve a twelve-year term; retirement age is 68. To ensure their independence, there is no re-election.
  • 26. RELATIONS TO OTHER COURTS O The Federal Constitutional Court has always seen itself as part of the international legal order and the global community of constitutional courts. It is in regular professional contact with national and international courts. There is ample opportunity for such exchange when the members of the Federal Constitutional Court visit their counterparts within and outside Europe and receive foreign delegations in Karlsruhe.
  • 27. RELATIONS TO OTHER COURTS O The Federal Constitutional Court participates in many international networks. It was one of the initiators both of the Conference of European Constitutional Courts, which has regularly taken place since 1972, and of the meetings with the German-language constitutional courts (Austria, Switzerland, and Liechtenstein), the European Court of Human Rights and the Court of Justice of the European Union, which have been held since 2006.
  • 29. STATE PARLIAMENT REPRESENTED PARTIES O Free Voters (Freie Wähler, FW) O Pirate Party Germany (Piratenpartei Deutschland, PIRATEN) O National Democratic Party of Germany - The People’s Union (Nationaldemokratische Partei Deutschlands – Die Volksunion, NPD) O South Schleswig Voter Federation (Südschleswigscher Wählerverband , SSW) O Citizens in Rage (Bürger in Wut, BIW) O German Communist Party (Deutsche Kommunistische Partei, DKP)
  • 30. CHRISTIAN DEMOCRATIC UNION OF GERMANY O Christian democratic and conservative party O Founded in 1945 and currently the largest party ahead of the Social Democratic Party of Germany O Regarded as part of the centre- right of the German political spectrum O Forms the CDU/CSU grouping (also known as the Union) together with its sister party, the Christian Social Union of Bavaria, in the Bundestag O Member of the European People’s Party (EPP) and sits in the EPP Group in the European Parliament
  • 31. CHRISTIAN SOLCIAL UNION IN BAVARIA O Christian Democratic and Conservative Party O Founded in 1945 O Operates only in Bavaria while its sister party, the Christian Democratic Union, operates in the other 15 states O The smallest of the six parties represented in the Bundestag, it only has 45 seats O Founded as a continuation of the Weimar-era Catholic Bavarian People’s Party O Currently governs at federal level with both its sister Christian Democratic Union and Free Democratic Party
  • 32. SOCIAL DEMOCRATIC PARTY OF GERMANY O Social-democratic liberal party O Second largest party behind the Christian Democratic Union and the oldest parliament represented party O Governed at federal level in grand coalition with the Christian Democratic Union and Christian Social Union between 2005 and 2009 O Defeated in the federal election of 2009 with its share of votes having decreased from 34.2% to 23%, it is currently the largest Bundestag represented opposition party O Full member of the Party of European Socialists and Socialist International
  • 33. FREE DEMOCRATIC PARTY O Centre-right classical liberal party O Founded on 11 December 1948 O Currently serves as junior coalition partner to the Union (Christian Democratic Union and Christian Social Union) and is the third largest Bundestag represented party with 93 members O Has held the balance of power in the Bundestag for most of the Federal Republic’ history has been in federal government longer than any other party as junior coalition partner to either the CDU/CSU (1949-56; 1961- 66; 1982-88; since 2009) or the Social Democratic Party (1969- 82)
  • 34. THE LEFT O Democratic socialist party and most left-wing Bundestag represented party O Founded on 16 June 2007 as merger of the Party of Democratic Socialism- successor of the Socialist Unity Party of Germany (the ruling party of the former East Germany) and Electoral Alternative for Labour and Social Justice (WASG) O Member of the Party of the European Left and largest party in the European United Left-Nordic Green Left group in the European Parliament internationally
  • 35. ALLIANCE ’90/ THE GREENS O Green and centre-left party O Founded in 1980 as The Greens and 1993 with merger of the Greens and Alliance 90 O Won 10.7% of the votes in 2009 federal elections O With 68 out of 622 seats in the Bundestag , it is the second smallest Bundestag represented party
  • 36. FREE VOTERS O Received 10.2% of the vote in 2008 Bavaria state election and gained first 20 seats in the Landtag.
  • 37. PIRATE PARTY GERMANY O Civil libertarian and social liberal Party based on model of Swedish Piratpartiet O Founded on 10 September 2006 O Supports preservation of current civil rights in telephony and on the Internet; particularly opposes European data retention policies and Germany’s new Internet censorship law Zugangsersch- werungsgesetz O Favors civil right to information privacy and copyright, education, and genetic patents
  • 38. NATIONAL DEMOCRATIC PARTY OF GERMANY- THE PEOPLE’S UNION O Far right nationalist party O Founded on 28 November 1964 as successor to the German Reich Party O Merged with far right German People’s Union on 1 January 2011 , which added the ‘The People’s Union’ to the party name O Often described as a neo-Nazi organization and “the most significant neo-Nazi party to emerge after 1945” O Currently represented in only two of Germany’s sixteen state parliaments, it has no seats at federal level
  • 39. SOUTH SCHLESWIG VOTER FEDERATION O Regional social liberal and ethnic minority interests party; represents the Danish and Frisian minorities O Founded in 1948 O Does not identify itself with left- right scale, but bases its policies on Scandinavian countries O Represented in the diet (Landtag) of Schleswig-Holstein and several regional and municipal courts O In most recent Schleswig- Holstein election of 2009, it gained 4.3% of the vote and won four seats
  • 40. CITIZENS IN RAGE O Right-wing populist voter’s association O Founded in March 2004 as successor to the Bremen section of the Law and Order Offensive Party (“Schill party”) O Its focus has been on important issues like crime fighting and immigration policy O Took part in Bremen parliamentary election of 2007 O Won 3.7% of the popular state statewide in Bremen state election of 2011
  • 41. GERMAN COMMUNIST PARTY O Communist, Marxist-Leninist party O Founded in 1968 to take the place of the banned Communist Party of Germany O Remained on the political fringe and never won more than 0.3% of the total votes in federal elections O Had relatively larger support in the 1970s; managed to get at least 2.2% in elections Hamburg; at least 3.1% in elections in Bremen; at least 2.7% in Saarland O Entered a significant decline in the years following German reunification; as of 2008, membership is only some 4,000