German Bundesrat
Legislative body representing the German states From Wikipedia, the free encyclopedia
The German Bundesrat (German: [ˈbʊndəsˌʁaːt] , lit. 'Federal Council') is a legislative body[a] that represents the sixteen Länder (federated states) of Germany at the federal level (German: Bundesebene). The Bundesrat meets at the former Prussian House of Lords in Berlin. Its second seat is located in the former West German capital of Bonn.
German Federal Council Deutscher Bundesrat | |
|---|---|
| 75th year of business | |
 | |
| History | |
| Founded | 23 May 1949 |
| Leadership | |
First Vice President | |
Second Vice President | |
| Structure | |
| Seats | 69 seats |
 | |
| Elections | |
| Appointment by State Governments | |
| Meeting place | |
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| Former chamber of the Prussian House of Lords, Berlin | |
| Website | |
| bundesrat | |
The Bundesrat legislates alongside the Bundestag. The Bundesrat consists of members appointed by state governments and the Bundestag consists of representatives directly elected by the German people. Certain laws and all constitutional changes need the consent of both houses. For its somewhat similar function, the Bundesrat is sometimes (controversially) described as an upper house of parliament along the lines of the United States Senate, the Canadian Senate, and the British House of Lords.[a]
The name "Bundesrat" was used by similar bodies in the North German Confederation (1867) and the German Empire (1871). The predecessor of the Bundesrat in the Weimar Republic (1919–1933) was the Reichsrat.
The political makeup of the Bundesrat is affected by changes in power in the states of Germany, and thus by elections in each state. Each state delegation in the Bundesrat is appointed by the state government. In contrast to most parliaments, the members of the Bundesrat do not have a free mandate and all members of a state delegation have to vote the same way in each vote. The Bundesrat is a continuous body and has no legislative periods. For organizational reasons, the Bundesrat structures its legislative calendar in years of business (Geschäftsjahre), beginning each year on 1 November. Each year of business is congruous with the one-year-term of the Presidium of the Bundesrat. The sessions have been counted continuously since the first session on 7 September 1949. The Bundesrat's 1000th session took place on 12 February 2021 and was opened with a speech by President of Germany Frank-Walter Steinmeier.
German Confederation
The historical predecessor of the Bundesrat was the Federal Convention (Confederate Diet) of the German Confederation (1815–1848, 1850/1851–1866). That Federal Convention consisted of the representatives of the member states. The first basic law (Bundesakte) of the German Confederation listed how many votes a member state had, for two different formations of the diet. The diet was the only organ – there was no division of powers. The diet was chaired by the Austrian representative.
In the revolution of 1848 the Bundestag transferred its powers to the Imperial Regent[1] and was reactivated only in 1850/1851. Several other attempts to reform the Confederation involved retaining the Bundestag and adding a parliament and a court. One of these attempts, the proposed Reform Act of 1863, had introduced the term Bundesrath. With the dissolution of the Confederation in August 1866,[2] the diet and the federal law ended.
North German Confederation and German Empire (1867–1918)
On 1 July 1867 the North German Confederation was established as a confederal state. The Reichstag, elected by the North German men, was one legislative body. The other one was the Bundesrath (old spelling). This organ was expressly modelled after the old diet.[3] When the Confederation was transformed and renamed Deutsches Reich (German Empire) in 1871, the Bundesrat kept its name.
Whilst appointed by state governments just as today, the delegates of the original Bundesrat—as those of the Reichsrat—were usually high-ranking civil servants, not cabinet members. The original Bundesrat was very powerful; it had the right of legislative initiative and every bill (including the budget) needed its consent, equaling it to the popularly elected Reichstag. It could also, with the Emperor's agreement, dissolve the Reichstag.
Weimar Republic (1918/19–1933)
In the revolution of 1918, the revolutionary organ Rat der Volksbeauftragten ("Council of People's Representatives") limited the power of the Bundesrat to its administrative functions. A Staatenausschuss (committee of states) accompanied the reform of Germany but had no official role in installing the new constitution. Under that Weimar Constitution, ratified on 11 August 1919, it was replaced by the Reichsrat (1919–1934).
The Reichsrat of the Weimar Republic (1919–1933) had considerably less influence, since it could only veto bills—and even then be overruled by the Reichstag. However, overruling the Reichsrat needed a majority of two-thirds in the Reichstag, which consisted of many parties differing in opinion. So, in most cases, bills vetoed by the Reichsrat failed due to the lack of unity among the Reichstag's constituent parties. The Reichsrat was abolished by the "Law on the Abolition of the Reichsrat" on 14 February 1934, roughly a year after Hitler had come to power.
Federal Republic (since 1949)
With the founding of the Federal Republic of Germany after the Second World War and the adoption of the Basic Law as the new constitution, the chamber of states was re-established, again under the name 'Bundesrat'. The new Bundesrat, in terms of its power, occupies an intermediate position between the very powerful Bundesrat of the empire and the relatively weak Reichsrat of the Weimar Republic. The Bundesrat now once again has the right of legislative initiative, but its absolute right of veto applies only to certain laws that directly affect the federal states; otherwise its vetos can be overruled by the Bundestag with an absolute majority. The latter also applies to the federal budget.
 | This section relies largely or entirely on a single source. (December 2015) |
The Bundesrat is one of three constitutional bodies (along with the Bundestag and the federal government) that have the right of initiative for the legislative process. In addition, government legislative initiatives must be formally brought to the attention of the Bundesrat, which hast to respond to them with a statement. The bill can only be discussed in the Bundestag once this statement has been made (so the Bundesrat does not yet vote on the motion here, but it can significantly delay it). When the Bundestag has finally approved a bill, it is forwarded to the Bundesrat. There are two possibilities here:
- If it is a so-called ‘approval bill’ that directly affects the states or whose enforcement they would have to participate in, the Bundesrat must approve the bill by a majority vote in order for it to become a law.
- If the stated condition is not met, the Bundesrat can only object to the bill with a majority vote. However, the Bundestag can overrule this objection with a majority of its members (Chancellor's majority).
Under no circumstances can the Bundesrat amend a bill. However, in the case of ‘approval laws’ in particular, if the Bundesrat rejects a bill, the matter is often referred to the so-called mediation committee, a body made up of an equal number of members of the Bundestag and Bundesrat, which attempts to negotiate whether the bill can find the approval of both chambers with certain amendments. A version amended in this way must then be passed again by a majority in both chambers in order to become law.
From 1894 to 1933, the Bundesrat/Reichsrat met in the same building as the Reichstag, today known as Reichstagsgebäude. After 1949, the Bundesrat gathered in the Bundeshaus in Bonn, along with the Bundestag, at least most of the time. A wing of the Bundeshaus was specially built for the Bundesrat.[citation needed]
In 2000, the Bundesrat moved to Berlin, as the Bundestag had done the year before. The Berlin seat of the Bundesrat is the former Prussian House of Lords building. The Bundesrat wing in Bonn is still used as a second seat.[citation needed]
Historically
For the Federal Diet of 1815, the basic law (Bundesakte) established two different formations. In the Plenary, for the most important decisions, every state had at least one vote. The larger states Austria, Prussia, Bavaria, Saxony, Hannover and Württemberg had each four votes, and the lesser states three or two. Of the 39 states, 25 had only one vote.
The North German Confederation was a different entity from the German Confederation, but it can also be regarded as the brainchild of a long lasting reform debate within the German Confederation. The new Bundesrat even referred to the old diet in Article 6, when it redistributed the votes for each states. Prussia, originally with four votes, gained the votes of the states it had annexed in 1866, i.e. Hanover, Hesse-Kassel, Holstein, Nassau, and Frankfurt, totaling 17 votes. The total number of votes in 1867 was 43 votes.
When the South German states joined in 1870/71, the revised federal constitutions allocated new votes for them. Bavaria had six votes, Württemberg four, Baden three, and (the whole of) Hesse-Darmstadt three. The total number went up to 58 votes, and in 1911, with three new votes for Alsace-Lorraine, to 61 votes. The Prussian votes remained 17.
To put the Prussian votes in context: 80% of North Germans lived in Prussia, and after 1871, Prussia made up two thirds of the German population and territory. Prussia was always underrepresented in the Bundesrat.
| State | Notes | Votes |
|---|---|---|
| Prussia | (including states annexed in 1866) | 17 |
| Bavaria | 6 | |
| Saxony | 4 | |
| Württemberg | 4 | |
| Baden | 3 | |
| Hesse | 3 | |
| Mecklenburg-Schwerin | 2 | |
| Brunswick | 2 | |
| 17 other small states | each with 1 vote | 17 |
| Alsace-Lorraine | after 1911 | 3 |
| Total | 61 |
Weimar Republic
The Reichsrat, as a first, had no fixed numbers of votes for the member states. Instead, it introduced the principle that the number depended on the actual number of inhabitants. Originally, states had one vote for every 1 million inhabitants. In 1921, this was reduced to 700,000 inhabitants per vote.
No state was allowed to have more than 40 percent of the votes. This was regarded as a clausula antiborussica, counterbalancing the dominant position of Prussia, which still contained roughly two-thirds of the German population. Also, since 1921, half of the Prussian votes were not cast by the Prussian state government but by the administrations of the Prussian provinces.
For example, of the 63 votes in 1919, Prussia had 25 votes, Bavaria seven, and Saxony five. 12 states had only one vote each.
Today
The composition of the Bundesrat is different from other similar legislative bodies representing states (such as the Russian Federation Council or the U.S. Senate). Bundesrat members are not elected—either by popular vote or by the state parliaments—but are delegated by the respective state government. They do not enjoy a free mandate (for example, most parliamentary privileges in the Bundesrat can be exercised only by a Land, not an individual member) and serve only as long as they are representing their state, not for a fixed period of time. Members of the Bundesrat (suffix "MdBR") do however enjoy the same immunity from prosecution that Members of the German Bundestag have. In addition, Members of the Bundesrat have unlimited access to sessions of the Bundestag (where they have their own benches to the left of the President of the Bundestag) and its committees and can address it at any time.[4] The latter right was most famously used in 2002 by then-Hamburg Senator Ronald Schill, who gave an inflammatory speech that was widely denounced.[5]
Normally, a state delegation consists of the Minister-President (called Governing Mayor in Berlin, President of the Senate in Bremen and First Mayor in Hamburg) and other cabinet ministers (called senators in Berlin, Bremen, and Hamburg). State cabinets may appoint as many delegates as the state has votes, and usually do, but may also send a single delegate to exercise all of the state's votes. All other ministers/senators are usually appointed as deputy delegates. In any case, the state has to cast its votes en bloc, i.e., without vote splitting. If Members of the Bundesrat from the same state vote differently, the entire votes of the state are counted as abstention. A famous example of this was a very close vote in 2002 on a new immigration law by the Schröder government, when Deputy Minister-President of Brandenburg Jörg Schönbohm (CDU) cast a no vote and State Minister Alwin Ziel (SPD) cast a yes vote.[6] As state elections are not coordinated across Germany and can occur at any time, the majority distributions in the Bundesrat can change after any such election. Even without a new state election, it is possible that the state parliament installs a new state government because a new state coalition has formed.
The number of votes a state is allocated is based on a form of degressive proportionality according to its population. This way, smaller states have more votes than a distribution proportional to the population would grant. The presence of the small city-states of Bremen, Hamburg, and Berlin prevents the Bundesrat from having the rural and conservative bias of other similar legislative bodies biased in favor of small states. The allocation of votes is regulated by the German constitution (Grundgesetz).[7] All of a state's votes are cast en bloc—either for, against, in abstention of a proposal. Each state is allocated at least three votes, and a maximum of six. States with more than
- 2 million inhabitants have 4 votes,
- 6 million inhabitants have 5 votes,
- 7 million inhabitants have 6 votes.
By convention, SPD-led Länder are summarized as A-Länder, while those with governments led by CDU or CSU are called B-Länder.
| State | Population[8] | Votes | Population per vote | Governing parties | Last election | Presidency |
|---|---|---|---|---|---|---|
| Baden-Württemberg | 10,879,618 | 6 | 1,813,270 | Greens, CDU | 2021 | 2028/29 |
| Bavaria | 12,843,514 | 6 | 2,140,586 | CSU, FW | 2023 | 2027/28 |
| Berlin | 3,520,031 | 4 | 880,008 | CDU, SPD | 2023 | 2033/34 |
| Brandenburg | 2,484,826 | 4 | 621,207 | SPD, CDU | 2019 | 2035/36 |
| Bremen | 671,489 | 3 | 223,830 | SPD, Greens, The Left | 2023 | 2025/26 |
| Hamburg | 1,787,408 | 3 | 595,803 | SPD, Greens | 2020 | 2038/39 |
| Hesse | 6,176,172 | 5 | 1,235,234 | CDU, SPD | 2023 | 2030/31 |
| Lower Saxony | 7,926,599 | 6 | 1,321,100 | SPD, Greens | 2022 | 2029/30 |
| Mecklenburg-Vorpommern | 1,612,362 | 3 | 537,454 | SPD, The Left | 2021 | current |
| North Rhine-Westphalia | 17,865,516 | 6 | 2,977,586 | CDU, Greens | 2022 | 2026/27 |
| Rhineland-Palatinate | 4,052,803 | 4 | 1,013,201 | SPD, Greens, FDP | 2021 | 2032/33 |
| Saarland | 995,597 | 3 | 331,866 | SPD | 2022 | 2024/25 |
| Saxony | 4,084,851 | 4 | 1,021,213 | CDU, Greens, SPD | 2019 | 2031/32 |
| Saxony-Anhalt | 2,245,470 | 4 | 561,368 | CDU, SPD, FDP | 2021 | 2036/37 |
| Schleswig-Holstein | 2,858,714 | 4 | 714,679 | CDU, Greens | 2022 | 2034/35 |
| Thuringia | 2,170,714 | 4 | 542,679 | The Left, SPD, Greens | 2019 | 2037/38 |
| Total | 82,175,684 | 69 | 1,190,952 | |||
In contrast to many other legislative bodies, the delegates to the Bundesrat from any one state are required to cast the votes of the state as a single bloc (since the votes are not those of the respective delegate). The delegates are not independent members of the Bundesrat but instructed representatives of the federated states' governments. If the members of a delegation cast different votes then the entire vote of the respective state is invalid. This tradition stems from the 1867 Bundesrat. It is a constitutional requirement.[9]
The delegates of a state are equal to each other in the Bundesrat, hence the minister president has no special rights compared to his ministers. But it is possible (and even customary) that one of the delegates (the Stimmführer, "leader of the votes"—normally the minister president) casts all votes of the respective state, even if the other members of the delegation are present.[citation needed] In practice if the different parties that form a state government disagree in whether to vote for a proposal, the whole state delegation will abstain.
Between 1949 and 1990, West Berlin was represented by four members, elected by its Senate, but owing to the city's ambiguous legal status, they did not have voting rights.[10]
Party vetoes for consent laws
Because coalition governments are common in the states, states frequently choose to abstain if their coalition cannot agree on a position. Abstaining has the same effect as voting against a proposal, as every Bundesrat decision requires a majority of seats (i.e., 35) in favour, not just a majority of votes cast or a majority of delegates present.
For laws which require explicit Bundesrat consent (Zustimmungsgesetze, consent laws) these abstentions mean that several political parties represented in the Bundesrat possess a de facto veto on legislation, as they can block the votes of 35 or more seats.[12]
During the 2021-2025 traffic light coalition, two of the three government parties held such a veto (SPD and Greens, not the FDP), as well as the opposition CDU/CSU, leading to a de facto four-way coalition.[13] For the 16 years prior under chancellor Angela Merkel, the Greens held such a veto, and used it to prop up the price of emissions certificates.[14]
Due to the opposition's veto threat, the government seeks prior approval of the opposition with veto power. If an agreement fails, the government tends to shelve laws to avoid appearing incapable of acting. This legislative self-restraint of the federal government shows up in empirical analysis of federal legislation.[13][15]
Consent laws constitute the majority of politically important laws, and one third overall.[16]
Originally from 1867 to 1918, the Bundesrat was chaired by the chancellor, although he was not a member and had no vote. This tradition was kept to a degree when since 1919 the Reichsrat still had to be chaired by a member of the imperial government (often the minister of the interior).
Since 1949, the presidency rotates annually among the Minister-Presidents of each of the states. This is fixed by the Königsteiner Abkommen, starting with the federated state with the largest population going down. The President of the Bundesrat convenes and chairs plenary sessions of the body and is formally responsible for representing Germany in matters of the Bundesrat. The president is aided by two Vice Presidents who play an advisory role and deputise in the president's absence; the predecessor of the current President is first, his presumptive successor second Vice President. The three together make up the Bundesrat's executive committee.
The President of the Bundesrat ("Bundesratspräsident"), is fourth in the order of precedence after the Federal President, the President of the Bundestag, the Chancellor and before the President of the Federal Constitutional Court. The President of the Bundesrat becomes acting Federal President of Germany, in case that the office of the Federal President should be vacant.
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Because the Bundesrat is so much smaller than the Bundestag, it does not require the extensive organizational structure of the Bundestag.[citation needed] The Bundesrat typically schedules plenary sessions once a month for the purpose of voting on legislation prepared in committee. In comparison, the Bundestag conducts about fifty plenary sessions a year.
The voting Bundesrat delegates themselves rarely attend committee sessions; instead, they delegate that responsibility to civil servants from their ministries, as allowed for in the Basic Law (art. 52,2). The delegates themselves tend to spend most of their time in their state capitals, rather than in the federal capital. The delegations are supported by the Landesvertretungen, which function basically as embassies of the states in the federal capital.
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Some observers claim that the opposing majorities lead to an increase in backroom politics, where small groups of high-tier leaders make all the important decisions and the Bundestag representatives have a choice only between agreeing with them or not getting anything done at all. The German "Federalism Commission" was looking into this issue, among others. There have been frequent suggestions of replacing the Bundesrat with a US-style elected Senate,[17] which would be elected at the same date as the Bundestag. This is hoped to increase the institution's popularity, reduce Land bureaucracy influence on legislation,[clarification needed] make opposing majorities less likely, make the legislative process more transparent, and generally set a new standard of democratic, rather than bureaucratic leadership.
Other observers emphasize that different majorities in the two legislative bodies ensure that all legislation, when approved, has the support of a broad political spectrum, a particularly valuable attribute in the aftermath of unification, when consensus on critical policy decisions is vital. The formal representation of the states in the federal government, through the Bundesrat, provides an obvious forum for the coordination of policy between the states and the federal government. The need for such coordination, particularly given the specific, crucial needs of the eastern states, has become only more important.
Supporters of the Bundesrat claim that the Bundesrat serves as a control mechanism on the Bundestag in the sense of a system of checks and balances. Since the executive and legislative functions are closely intertwined in any parliamentary system, the Bundesrat's ability to revisit and slow down legislative processes is often seen as making up for that loss of separation.
- The Bundesrat is sometimes referred to as the second chamber of the German legislature, but this designation is disputed by some.[18] The Federal Constitutional Court itself has used the term upper house in the English translations of its decisions,[19][20] and refers to the Bundesrat as a "second chamber existing beside the parliament".[21]
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