Government

Overview

Germany is a federal democracy, with rights guaranteed by the Basic Law, or constitution. The federal government shares power with 16 states.

Branches of Government

The dual executive consists of a chancellor, who is head of government, and a president, who is head of state. The chancellor is the leader of the party or coalition of parties holding a majority of seats in the lower house of parliament. The president is usually one of the senior leaders of the largest party in the lower house of parliament but is nonetheless expected to be non-partisan after assuming office. A cabinet officer, often from a smaller coalition party, serves as vice chancellor. The Basic Law grants most executive authority to the federal chancellor; the presidency is primarily a ceremonial post, and its occupant represents the Federal Republic in international relations. The president is selected every five years by secret ballot at a Federal Convention composed of members of the lower house of parliament and delegates chosen by state legislatures. A president may serve no more than two  five-year terms. Chancellor Angela Merkel, who took office in November 2005, and President Horst Köhler, who took office in July 2004, both belong to the Christian Democratic Union.

Two federal legislative bodies form the national parliament: the Bundesrat (Federal Council, or upper house), consisting of 69 members appointed by state governments in proportion to the population; and the Bundestag (Federal Diet, or lower house), the main legislative body, consisting of 601 popularly elected members. The Bundestag is responsible for passing federal laws, which are then implemented by the government. The chancellor, who is elected by the Bundestag, functions as prime minister in the cabinet. The chancellor’s authority emanates from the provisions of the Basic Law, which invests the chancellor with central executive authority, and from his or her status as leader of the majority party or coalition in the Bundestag. The Basic Law limits parliament’s control over the chancellor and the cabinet. Unlike most parliamentary legislatures, the Bundestag cannot remove the chancellor simply with a vote of no-confidence. The Basic Law allows only for a “constructive vote of no-confidence.” That is, the Bundestag can remove a chancellor only when it simultaneously agrees on a successor. This stipulation was recently a source of controversy when ex-Chancellor Gerhard Schröder called for a vote of no-confidence to trigger an early national election in September 2005. President Köhler and the Federal Constitutional Court decided that this step was consistent with the Basic Law.

Germany has an independent judiciary, with most judges appointed for life. The Federal Constitutional Court resolves issues relating to the Basic Law and conflicts between the branches of government. Germany has five types of courts: ordinary courts for criminal and civil matters, labor courts for employment disputes, administrative courts to provide protection against administrative acts, social courts for social security cases, and fiscal courts for tax-related disputes. Ordinary courts are organized hierarchically in four tiers—local courts, regional courts, state courts, and the Federal Supreme Court.

Constitution

Germany’s constitution, known as the Basic Law (Grundgesetz), was enacted on May 23, 1949. The Basic Law recognizes fundamental human rights, such as the freedoms of speech and the press, the right of equality before the law, and the right of asylum. These basic rights are legally binding and apply equally to the three branches of government: executive, legislative, and judicial. Any individual who believes that his or her rights have been violated may file a complaint with the Federal Constitutional Court.

In addition to codifying human rights, the Basic Law stipulates the structure of the German government, including the Bundestag (lower house of parliament), the Bundesrat (upper house of parliament), the president (chief of state), the executive branch and administration, the independent judiciary, the financial system, and the relationship of the states to the federal government. The Basic Law requires that Germany work toward a unified Europe under the aegis of the European Union (EU). It also specifies the requirements for a declaration of war.

In May 2005, Germany’s Bundestag and Bundesrat ratified the EU constitution.

Administrative Divisions

Administratively, Germany is divided into 16 states (Länder; sing., Land), including five that belonged to the former East Germany until reunification in 1990. The states are as follows, with new states labeled as such: Baden Württemberg, Bavaria, Berlin,  Brandenburg (new), Bremen, Hamburg, Hesse, Mecklenburg-Western Pomerania (new), Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland, Saxony (new), Saxony-Anhalt (new), Schleswig-Holstein, and Thuringia (new). The unification of West Berlin and East Berlin did not add a new state.

Provincial and Local Government

Germany’s 16 states enjoy limited autonomy, particularly in the areas of law, education, the environment, media, police, social assistance, and other local issues, within a federal system. Each state has its own elected parliament (Landtag or Bürgerschaft). Depending on size, states are subdivided into up to three levels of local government—districts; Landkreise (sing., Landkreis), or counties; and Gemeinden (sing., Gemeinde), or municipal government authorities.

Judicial and Legal System

The legal system is based on principles of Roman law, and courts rely on a comprehensive system of legal codes rather than on precedents from prior cases as in the Anglo-Saxon tradition. The Basic Law (constitution) is the primary basis of the legal system, but the laws of the European Union and the international community also are taken into consideration. Defendants enjoy the presumption of innocence, the right to an attorney, and the right to appeal. Trial by jury is the norm, but judges hear some cases. Germany is less litigious than the United States. In fact, Germany has only about 100,000 attorneys.

Electoral System

Germany’s electoral system combines indirect election of the chancellor (head of government) and president (head of state) with direct elections for the Bundestag (lower house of parliament). Bundestag representatives are selected by a combination of majority vote and proportional representation. Each voter casts two ballots: the first for a candidate in his or her jurisdiction and the second for a national party list of candidates. Each method determines approximately half the seats. The chancellor is elected indirectly because his or her name appears first on a party list. Any German 18 years or older, including those living overseas, is eligible to vote. Popular elections are held every four years, but federal, state, and local elections are staggered throughout the year, not held simultaneously as in the United States. Parliamentary elections were last held in September 2005.

Politics and Political Parties

Political parties are explicitly recognized in the Basic Law, and they receive government subsidies. The current German administration is a coalition of the moderate-to-conservative Christian Democratic Union/Christian Social Union (CDU/CSU), headed by Chancellor Angela Merkel, and the center-left Social Democratic Party (SPD), headed by Matthias Platzeck. Following the latest elections in September 2005, these two major parties, which are normally bitter rivals, joined forces in an unusual “Grand Coalition” when neither was able to form a majority with its preferred coalition partner. The CDU’s territory covers all of Germany outside Bavaria, while the CSU is the CDU’s Bavarian sister party. The CDU/CSU has 226 representatives, slightly more than the 222 SPD representatives. The CDU/CSU controls the following ministerial posts: Chancellor, Chief of the Chancellor’s Office, Interior, Economics, Defense, Family, Education, Consumer Protection/Agriculture, Culture, and Bundestag President. The SPD controls the following: Vice Chancellor, Foreign Affairs, Justice, Finance, Health, Environment, International Development, Labor, and Transportation.  The opposition parties represented in the Bundestag are the business-oriented Free Democratic Party (FDP), led by Guido Westerwelle; the Left Party, led by Lothar Bisky; and the ecologically oriented Green Party, led by Renate Künast and Fritz Kuhn. The FDP has 61 seats, the Left Party has 54 seats, and the Green Party has 51 seats. Four seats are assigned to others. The Left Party is the successor to the former East Germany’s communist Socialist Unity Party (SED). Far-right parties have no representation.

In order to win representation in the Bundestag or a state parliament, a party is required to obtain at least 5 percent of the vote. This minimum threshold is designed to prevent extremist parties on the left and right from exercising power. On the federal level, the “5 percent rule” has been successful in marginalizing extreme right-wing parties, but it has failed to prevent parties on the far left and right from gaining representation in certain state parliaments in the new eastern states. For example, in the Brandenburg Landtag (Brandenburg state parliament), representation is as follows, reflecting the results of the latest election on September 19, 2004: SPD (33 seats), CDU (20 seats), the far-left Party of Democratic Socialism, or PDS (29 seats), and the far-right German People’s Union, or DVU (6 seats). Following the election, the SPD and CDU took the unusual step of forming a ruling coalition, much like the one that subsequently took power on the federal level, to limit the influence of the PDS and DVU.

Foreign Relations

Germany’s role has been changing in the post-Cold War era. Previously bound to a close trans-Atlantic relationship with the United States, in 2003 Germany resisted pressure from the United States to participate in Operation Iraqi Freedom. Germany also distanced itself from the United States by supporting the Kyoto Protocol on climate change and the International Criminal Court. These steps reflected, in part, Germany’s belief in the primacy of the United Nations (UN) in settling international disputes. Germany also is seeking a permanent seat on the UN Security Council as a means of asserting a more independent international role. Many observers expect an improvement in U.S.-German relations following the emergence of Angela Merkel as chancellor in the fall of 2005. Germany is a member of the North Atlantic Treaty Organization (NATO). In general, Germany advocates the solidification and expansion of the European Union, although it has not committed to admitting Turkey into  the organization. Germany often joins forces with France on foreign policy issues. Germany gives priority to economics over human rights in its relationship with China. The country also is pursuing deeper economic and political ties to Russia. Germany helped spearhead the Group of 8 (G–8) decision in June 2005 to cancel US$55 billion of debt owed by the countries of sub-Saharan Africa.

Human Rights

Fundamental human rights are enshrined in Germany’s Basic Law, or constitution. These rights encompass the freedoms of speech and the press, the right of equality before the law, and the right of asylum. Freedom of speech is not universal. Statements promoting racial hatred or Nazism are prohibited, as are statements denying the Holocaust.  Efforts to enforce these bans extend to all modes of communication, including CDs and the Internet.

Although Germany endorses religious freedom and the separation of church and state, majority religions, such as Protestantism and Catholicism, enjoy a privileged status. In fact, the government recognizes them as legal corporations and collects taxes for them. Some minority religions fare less well. For example, the government views the Church of Scientology as a cult and a threat to democracy rather than as a legitimate religion and openly discriminates against its members. For similar reasons, Reverend Sun Myung Moon of the Unification Church has been denied entry to the country. Several states have banned the wearing of Islamic headscarves in the public schools, and a federal court has upheld the ban on appeal.

Source: Library of Congress – Federal Research Division Country Profile