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111-478: Buildings formerly used as powder towers include the following: These are sorted by states of Germany , since there are so many. The Pulverturm, Demmin , bears the name, but was probably not used for this purpose. States of Germany The Federal Republic of Germany , as a federal state , consists of sixteen states . Berlin , Hamburg and Bremen (with its seaport exclave , Bremerhaven ) are called Stadtstaaten (" city-states "), while

222-589: 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

333-682: 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. With the founding of

444-511: A more independent status, especially in Bavaria. However, it has no legal significance. All sixteen states are represented at the federal level in the Bundesrat (Federal Council), where their voting power depends on the size of their population. Germany is a federal , parliamentary , representative democratic republic . The German political system operates under a framework laid out in

555-405: 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

666-581: A plan to divide the German Reich into 14 roughly equal-sized states. His proposal was turned down due to opposition of the states and concerns of the government. Article 18 of the constitution enabled a new delimitation of the German territory but set high hurdles: "Three fifth of the votes handed in, and at least the majority of the population are necessary to decide on the alteration of territory". In fact, until 1933 there were only four changes in

777-628: A referendum in the Federal Republic as a whole (paragraph 4) was abolished, which meant territorial revision was no longer possible against the will of the population affected by it. East Germany had originally consisted of five states (i.e., Brandenburg, Mecklenburg-Vorpommern, Saxony, Saxony-Anhalt, and Thuringia). In 1952, these states were abolished and the East was divided into 14 administrative districts called Bezirke . Soviet -controlled East Berlin – despite officially having

888-427: A revision, the federal government had to include the proposal into its legislation. Then a referendum was required in each territory or part of a territory whose affiliation was to be changed (paragraph 3). The proposal should not take effect if within any of the affected territories a majority rejected the change. In this case, the bill had to be introduced again and after passing had to be confirmed by referendum in

999-418: A veto, and used it to prop up the price of emissions certificates. 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. Consent laws constitute

1110-459: Is a legislative body 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 . The Bundesrat legislates alongside the Bundestag . The Bundesrat consists of members appointed by state governments and

1221-465: Is forwarded to the Bundesrat. There are two possibilities here: 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

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1332-425: 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

1443-429: Is referred to as "Land government" (Landesregierung) . Before 1 January 2000, Bavaria had a bicameral parliament, with a popularly elected Landtag , and a Senate made up of representatives of the state's major social and economic groups. The Senate was abolished following a referendum in 1998. The states of Berlin, Bremen, and Hamburg are governed slightly differently from the other states. In each of those cities,

1554-670: Is sometimes propagated by the richer states as a means to avoid or reduce fiscal transfers . In southwestern Germany, territorial revision seemed to be a top priority since the border between the French and American occupation zones was set along the Autobahn Karlsruhe-Stuttgart-Ulm (today the A8 ). Article 118 stated "The division of the territory comprising Baden , Württemberg-Baden and Württemberg-Hohenzollern into Länder may be revised, without regard to

1665-404: Is very common to use the term Bundesland (federated Land ). Officially this term Bundesland neither appears in the constitution of 1919 nor in the current one. Three Länder call themselves Freistaaten ("free states", an older German term for "republic"): Bavaria (since 1919), Saxony (originally from 1919 and again since 1990), and Thuringia (since 1994). Of the 17 states at the end of

1776-665: The Congress of Vienna (1815), 39 states formed the German Confederation . The Confederation was dissolved after the Austro-Prussian War in which Prussia defeated Austria and forced Austria to remove itself from the affairs of the German states. Territorial boundaries were essentially redrawn as a result of military conflicts and interventions from the outside: from the Napoleonic Wars to

1887-682: The Congress of Vienna , the number of territories decreased from about 300 to 39; in 1866 Prussia annexed the sovereign states of Hanover , Nassau , Hesse-Kassel , and the Free City of Frankfurt . Prussia and the other states in Northern and Central Germany united as a federal state , the North German Federation , on 1 July 1867. Four of the five southern German states (Bavaria, Württemberg, Baden and Hesse-Darmstadt) entered military alliances with Prussia but Austria did not. In

1998-772: The Deutsche Mark was introduced as legal tender in the Saarland. Paragraph 6 of Article 29 stated that, if a petition was successful, a referendum should be held within three years. Since the deadline passed on 5 May 1958 without anything happening, the Hesse state government filed a constitutional complaint with the Federal Constitutional Court in October 1958. The complaint was dismissed in July 1961 on

2109-604: The Franco-Prussian War of 1870–71, those four states joined the North German Federation which was consequently renamed to German Empire . The parliament and Federal Council decided to give the Prussian king the title of German Emperor (since 1 January 1871). The new German Empire included 25 states (three of them, Hanseatic cities) and the imperial territory of Alsace-Lorraine . Within

2220-492: The Landesvertretungen , which function basically as embassies of the states in the federal capital. 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 "

2331-561: 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

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2442-673: The Oder-Neisse line fell under either Polish or Soviet administration but attempts were made at least symbolically not to abandon sovereignty well into the 1960s. The former provinces of Farther Pomerania , East Prussia , Silesia and Posen-West Prussia fell under Polish administration with the Soviet Union taking the area around Königsberg (now Kaliningrad), pending a final peace conference with Germany which eventually never took place. More than 8 million Germans had been expelled from these territories that had formed part of

2553-650: 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 . 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

2664-680: The Regierender Bürgermeister (governing mayor) in Berlin. The parliament for Berlin is called the Abgeordnetenhaus (House of Representatives), while Bremen and Hamburg both have a Bürgerschaft . The parliaments in the remaining 13 states are referred to as Landtag (State Parliament). The city-states of Berlin and Hamburg are subdivided into Districts . The City of Bremen consists of two urban districts : Bremen and Bremerhaven , which are not contiguous. In

2775-592: The Saarland  – which later received a special status – in the French zone; Mecklenburg(-Vorpommern) , Brandenburg , Saxony , Saxony-Anhalt , and Thuringia in the Soviet zone . No single state comprised more than 30% of either population or territory; this was intended to prevent any one state from being as dominant within Germany as Prussia had been in the past. Initially, only seven of

2886-567: The Weimar Republic , six still exist (though partly with different borders): The other 11 states of the Weimar Republic either merged into one another or were separated into smaller entities: Some territories bordering other states were annexed to the bordering state. Also, Prussia had exclaves that were surrounded by other states. These became part of their surrounding states. All states, except Bavaria , now have territory of

2997-603: The West German constitution thus applied to the entire German people . Article 23, which had allowed "any other parts of Germany" to join, was rephrased. It had been used in 1957 to reintegrate the Saar Protectorate as the Saarland into the Federal Republic, and this was used as a model for German reunification in 1990. The amended article now defines the participation of the Federal Council and

3108-556: The 16 German states in matters concerning the European Union . Article 29 was again modified and provided an option for the states to "revise the division of their existing territory or parts of their territory by agreement without regard to the provisions of paragraphs (2) through (7)". Article 118a was introduced into the Basic Law and provided the possibility for Berlin and Brandenburg to merge "without regard to

3219-473: The 1867 Bundesrat. It is a constitutional requirement. 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

3330-540: The 1949 constitutional document known as the Grundgesetz (Basic Law). By calling the document the Grundgesetz , rather than Verfassung (constitution), the authors expressed the intention that it would be replaced by a true constitution once Germany was reunited as one state. Amendments to the Grundgesetz generally require a two-thirds majority of both chambers of the parliament; the fundamental principles of

3441-570: The American states and regional governments in other federations without serious calls for territorial changes" in those other countries. Arthur B. Gunlicks summarizes the main arguments for boundary reform in Germany: "the German system of dual federalism requires strong Länder that have the administrative and fiscal capacity to implement legislation and pay for it from own source revenues. Too many Länder also make coordination among them and with

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3552-480: The Basic Law as a binding order. An expert commission was established, named after its chairman, the former Secretary of State Professor Werner Ernst. After two years of work, the experts delivered their report in 1973. It provided an alternative proposal for the two regions: the north and center-southwest. In the north, either a single new state consisting of Schleswig-Holstein, Hamburg, Bremen and Lower Saxony should be created (solution A) or two new states, one in

3663-477: The Bundesrat becomes acting Federal President of Germany, in case that the office of the Federal President should be vacant. Because the Bundesrat is so much smaller than the Bundestag, it does not require the extensive organizational structure of the Bundestag. The Bundesrat typically schedules plenary sessions once a month for the purpose of voting on legislation prepared in committee. In comparison,

3774-626: 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 ). 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 By convention, SPD-led Länder are summarized as A-Länder , while those with governments led by CDU or CSU are called B-Länder . In contrast to many other legislative bodies,

3885-486: 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

3996-506: The Bundesrat possess a de facto veto on legislation, as they can block the votes of 35 or more seats. 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. For the 16 years prior under chancellor Angela Merkel , the Greens held such

4107-418: 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

4218-606: 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 . The name "Bundesrat"

4329-670: 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, the diet and the federal law ended. On 1 July 1867 the North German Confederation was established as a confederal state . The Reichstag, elected by the North German men,

4440-608: The Federal Minister of the Interior by reference to the referendum of 1951. However, the Federal Constitutional Court of Germany ruled that the rejection was unlawful: the population of Baden had the right to a new referendum because the one of 1951 had taken place under different rules from the ones provided for by article 29. In particular, the outcome of the 1951 referendum did not reflect

4551-399: The Federal Republic as a whole (paragraph 4). The reorganization should be completed within three years after the Basic Law had come into force (paragraph 6). Article 29 states that "the division of the federal territory into Länder may be revised to ensure that each Land be of a size and capacity to perform its functions effectively". In their letter to Konrad Adenauer ,

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4662-477: 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

4773-625: The Federal Republic of Germany in 1949. This was in contrast to the post-war development in Austria , where the national Bund ("federation") was constituted first, and then the individual states were carved out as units of that federal nation. The German use of the term Länder ("lands") dates back to the Weimar Constitution of 1919. Previously, the states of the German Empire had been called Staaten ("states"). Today, it

4884-492: The Federal Territory must be revised (paragraph 1). Moreover, in territories or parts of territories whose affiliation with a Land had changed after 8 May 1945 without a referendum, people were allowed to petition for a revision of the current status within a year after the promulgation of the Basic Law (paragraph 2). If at least one tenth of those entitled to vote in Bundestag elections were in favour of

4995-552: The French-occupied Saar Protectorate was returned and formed into the Saarland , the Federal Republic consisted of ten states, which are referred to as the " Old States " today. West Berlin was under the sovereignty of the Western Allies and neither a Western German state nor part of one. However, it was in many ways integrated with West Germany under a special status. A new delimitation of

5106-522: 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,

5217-407: The German population and territory. Prussia was always underrepresented in the Bundesrat. 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

5328-590: The German-speaking lands for centuries and which mostly did not have sizable Polish minorities before 1945. However, no attempts were made to establish new states in these territories, as they lay outside the jurisdiction of West Germany at that time. In 1948, the military governors of the three Western Allies handed over the so-called Frankfurt Documents to the minister-presidents in the Western occupation zones. Among other things, they recommended revising

5439-680: The Nazi regime via the Gleichschaltung process, as the states administratively were largely superseded by the Nazi Gau system . Three changes are of particular note: on 1 January 1934, Mecklenburg-Schwerin was united with neighbouring Mecklenburg-Strelitz ; and, by the Greater Hamburg Act ( Groß-Hamburg-Gesetz ) of 1937, the territory of the city-state was extended, while Lübeck lost its independence and became part of

5550-483: 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

5661-868: The President of the Bundestag) and its committees and can address it at any time. The latter right was most famously used in 2002 by then-Hamburg Senator Ronald Schill , who gave an inflammatory speech that was widely denounced . 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

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5772-694: The Prussian province of Schleswig-Holstein . During the Allied occupation of Germany after World War II , internal borders were redrawn by the Allied military governments. New states were established in all four zones of occupation: Bremen , Hesse , Württemberg-Baden , and Bavaria in the American zone ; Hamburg , Schleswig-Holstein , Lower Saxony , and North Rhine-Westphalia in the British zone ; Rhineland-Palatinate , Baden , Württemberg-Hohenzollern and

5883-401: The Saarland (solution C), the district of Germersheim would then become part of Baden-Württemberg. The other alternative was that the Palatinate (including the region of Worms ) could be merged with the Saarland and Baden-Württemberg, and the rest of Rhineland-Palatinate would then merge with Hesse (solution D). Both alternatives could be combined (AC, BC, AD, BD). At the same time,

5994-414: The Western Allies, viewed itself as part of the Federal Republic and was largely integrated and considered a de facto state. In 1952, following a referendum , Baden, Württemberg-Baden, and Württemberg-Hohenzollern merged into Baden-Württemberg . In 1957, the Saar Protectorate joined the Federal Republic as the state of Saarland . The next change occurred with German reunification in 1990, in which

6105-402: The affected states, the proposals were shelved. Public interest was limited or nonexistent. The referendum in Baden was held on 7 June 1970. 81.9% of voters decided for Baden to remain part of Baden-Württemberg, only 18.1% opted for the reconstitution of the old state of Baden . The referendums in Lower Saxony and Rhineland-Palatinate were held on 19 January 1975 (the percentages given are

6216-405: 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

6327-407: The boundaries of the West German states in a way that none of them should be too large or too small in comparison with the others. As the premiers did not come to an agreement on this question, the Parliamentary Council was supposed to address this issue. Its provisions are reflected in Article 29 of the Basic Law . There was a binding provision for a new delimitation of the federal territory:

6438-454: The commission developed criteria for classifying the terms of Article 29 Paragraph 1. The capacity to perform functions effectively was considered most important, whereas regional, historical, and cultural ties were considered as hardly verifiable. To fulfill administrative duties adequately, a population of at least five million per state was considered as necessary. After a relatively brief discussion and mostly negative responses from

6549-468: The configuration of the German states: the 7  Thuringian states were merged in 1920, whereby Coburg opted for Bavaria , Pyrmont joined Prussia in 1922, and Waldeck did so in 1929. Any later plans to break up the dominating Prussia into smaller states failed because political circumstances were not favourable to state reforms. After the Nazi Party seized power in January 1933, the Länder were gradually abolished and reduced to provinces under

6660-419: The consent of the federal government (Article 32 of the Basic Law). Typical treaties relate to cultural relationships and economic affairs. Some states call themselves a " free state " ( Freistaat ). It is merely a historic synonym for "republic" and was a description used by most German states after the abolishment of monarchy after World War I . Today, Freistaat is associated emotionally with

6771-401: The constituent states have certain limited powers in this area: in matters that affect them directly, the states defend their interests at the federal level through the Bundesrat ("Federal Council"), and in areas where they have the legislative authority they have limited powers to conclude international treaties "with the consent of the federal government". It was the states that formed

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6882-416: The constitution, as expressed in the articles guaranteeing human dignity, the separation of powers, the federal structure, and the rule of law are valid in perpetuity. Despite the original intention, the Grundgesetz remained in effect after the German reunification in 1990, with only minor amendments. The federal constitution stipulates that the structure of each Federated State's government must "conform to

6993-432: The constitution. An appeal against the decision was rejected as inadmissible by the Federal Constitutional Court. On 24 August 1976, the binding provision for a new delimitation of the federal territory was altered into a mere discretionary one. Paragraph 1 of Article 29 was rephrased, with the provision that any state had to be "of a size and capacity to perform its functions effectively" put first. The option for

7104-433: 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

7215-429: The delegation are present. 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. Bundesrat seats Because coalition governments are common in

7326-416: The empire, 65% of the territory and 62% of the population belonged to the state of Prussia. After the territorial losses of the Treaty of Versailles , the remaining states continued as republics of a new German federation. The debate on a new delimitation of the German territory started in 1919 as part of discussions about the new constitution. Hugo Preuss , the father of the Weimar Constitution , drafted

7437-404: The executive branch consists of a Senate of approximately eight, selected by the state's parliament; the senators carry out duties equivalent to those of the ministers in the larger states. The equivalent of the minister-president is the Senatspräsident (president of the senate), also commonly referred to as Bürgermeister (Mayor) in Bremen, the Erster Bürgermeister (first mayor) in Hamburg, and

7548-406: 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

7659-402: The federal system: the legislatures are popularly elected for four or five years (depending on the state), and the minister-president is then chosen by a majority vote among the Landtag ' s members. The minister-president is typically the head of the biggest party of a coalition. The minister-president appoints a cabinet to run the state's agencies and to carry out the executive duties of

7770-487: The federal territory has been discussed since the Federal Republic was founded in 1949 and even before. Committees and expert commissions advocated a reduction of the number of states; academics ( Werner Rutz , Meinhard Miegel , Adrian Ottnad , etc.) and politicians ( Walter Döring , Hans Apel , and others) made proposals – some of them far-reaching – for redrawing boundaries but hardly anything came of these public discussions. Territorial reform

7881-412: The federation more complicated." But several proposals have failed so far; territorial reform remains a controversial topic in German politics and public perception. Federalism has a long tradition in German history. The Holy Roman Empire comprised many petty states , numbering more than 300 in around 1796. The number of territories was greatly reduced during the Napoleonic Wars (1796–1814). After

7992-412: The federation. The states retain residual or exclusive legislative authority for all other areas, including culture, which in Germany includes not only topics such as the financial promotion of arts and sciences, but also most forms of education and job training (see Education in Germany ). Though international relations including international treaties are primarily the responsibility of the federal level,

8103-446: The five " New States " on 3 October 1990. The former district of East Berlin joined West Berlin to form the new state of Berlin. Henceforth, the 10 "old states" plus 5 "new states" plus the new state Berlin add up to current 16 states of Germany. After reunification, the constitution was amended to state that the citizens of the 16 states had successfully achieved the unity of Germany in free self-determination and that

8214-409: The former Free State of Prussia. Other former Prussian territories lying east of the rivers Neisse and Oder were lost in 1945 and are now part of Poland or Russia . They are Silesia (Upper and Lower), Pomerania, West Prussia-Posen, and East Prussia respectively. Possible boundary changes between states continue to be debated in Germany, in contrast to how there are "significant differences among

8325-586: The grounds that Article 29 had made the new delimitation of the federal territory an exclusively federal matter. At the same time, the Court reaffirmed the requirement for a territorial revision as a binding order to the relevant constitutional bodies. The grand coalition decided to settle the 1956 petitions by setting binding deadlines for the required referendums. The referendums in Lower Saxony and Rhineland-Palatinate were to be held by 31 March 1975, and

8436-405: 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

8547-409: The majority of politically important laws, and one third overall. 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

8658-415: 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

8769-459: The necessary majority vote in Brandenburg, while a majority of Berliners voted in favour. Federalism is one of the entrenched constitutional principles of Germany . According to the German constitution , some topics, such as foreign affairs and defence, are the exclusive responsibility of the federation (i.e., the federal level), while others fall under the shared authority of the states and

8880-547: The northeast consisting of Schleswig-Holstein, Hamburg and the northern part of Lower Saxony (from Cuxhaven to Lüchow-Dannenberg ) and one in the northwest consisting of Bremen and the rest of Lower Saxony (solution B). In the center and southwest, one alternative was that Rhineland-Palatinate (with the exception of the Germersheim district but including the Rhine-Neckar region) should be merged with Hesse and

8991-637: The other states there are the subdivisions below. The most populous state of North Rhine-Westphalia is uniquely divided into two area associations ( Landschaftsverbände ), one for the Rhineland , and one for Westphalia - Lippe . This arrangement was meant to ease the friction caused by uniting the two culturally different regions into a single state after World War II . The Landschaftsverbände now have very little power. German Bundesrat The German Bundesrat ( German: [ˈbʊndəsˌʁaːt] , lit.   ' Federal Council ' )

9102-426: The other thirteen states are called Flächenländer ("area states") and include Bavaria , Saxony , and Thuringia , which describe themselves as Freistaaten ("free states"). The Federal Republic of Germany ("West Germany") was created in 1949 through the unification of the three western zones previously under American, British, and French administration in the aftermath of World War II . Initially,

9213-421: The percentages of those eligible who voted in favour): The votes in Lower Saxony were successful as both proposals were supported by more than 25% of eligible voters. The Bundestag, however, decided that both Oldenburg and Schaumburg-Lippe should remain part of Lower Saxony. The justification was that a reconstitution of the two former states would contradict the objectives of paragraph 1 of article 29 of

9324-407: The pre-War states remained: Baden (in part), Bavaria (reduced in size), Bremen, Hamburg, Hesse (enlarged), Saxony, and Thuringia. The states with hyphenated names, such as Rhineland-Palatinate, North Rhine-Westphalia, and Saxony-Anhalt, owed their existence to the occupation powers and were created out of mergers of former Prussian provinces and smaller states. Former German territory that lay east of

9435-499: 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

9546-478: The principles of republican, democratic, and social government, based on the rule of law" (Article 28). Most of the states are governed by a cabinet led by a Ministerpräsident (minister-president), together with a unicameral legislative body known as the Landtag (State Diet ). The states are parliamentary republics and the relationship between their legislative and executive branches mirrors that of

9657-470: The provisions of Article 29, by agreement between the Länder concerned. If no agreement is reached, the revision shall be effected by a federal law, which shall provide for an advisory referendum." Since no agreement was reached, a referendum was held on 9 December 1951 in four different voting districts, three of which approved the merger ( South Baden refused but was overruled, as the result of total votes

9768-467: The provisions of Article 29, by agreement between the two Länder with the participation of their inhabitants who are entitled to vote". A state treaty between Berlin and Brandenburg was approved in both parliaments with the necessary two-thirds majority, but in a popular referendum of 5 May 1996, about 63% voted against the merger. The German states can conclude treaties with foreign countries in matters within their own sphere of competence and with

9879-639: The public support of Federal German Chancellor Konrad Adenauer for the plan. The rejection of the plan by the Saarlanders was interpreted as support for the Saar to join the Federal Republic of Germany. On 27 October 1956, the Saar Treaty established that Saarland should be allowed to join Germany, as provided by the German constitution. Saarland became part of Germany effective 1 January 1957. The Franco-Saarlander currency union ended on 6 July 1959, when

9990-535: The referendum in Baden was to be held by 30 June 1970. The threshold for a successful vote was set at one-quarter of those entitled to vote in Bundestag elections. Paragraph 4 stated that the vote should be disregarded if it contradicted the objectives of paragraph 1. In his investiture address, given on 28 October 1969 in Bonn, Chancellor Willy Brandt proposed that the government would consider Article 29 of

10101-516: 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

10212-585: 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 and was reactivated only in 1850/1851. Several other attempts to reform

10323-477: 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

10434-411: 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. The Bundesrat is one of three constitutional bodies (along with the Bundestag and the federal government) that have the right of initiative for

10545-550: The same status as West Berlin – was declared East Germany's capital and its 15th district. The debate on territorial revision restarted shortly before German reunification . While academics (Rutz and others) and politicians (Gobrecht) suggested introducing only two, three, or four states in East Germany, legislation reconstituted the East German states in an arrangement similar to that which they had had before 1952, as

10656-416: 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

10767-410: The state's government. Like in other parliamentary systems, the legislature can dismiss or replace the minister-president after a successful no-confidence vote . The governments in Berlin , Bremen and Hamburg are referred to as " senates ". In the free states of Bavaria and Saxony , the government is referred to as "state government" (Staatsregierung) ; and in the other states, the government

10878-488: The states of the Federal Republic were Baden (until 1952), Bavaria (in German: Bayern ), Bremen , Hamburg , Hesse ( Hessen ), Lower Saxony ( Niedersachsen ), North Rhine-Westphalia ( Nordrhein-Westfalen ), Rhineland-Palatinate ( Rheinland-Pfalz ), Schleswig-Holstein , Württemberg-Baden (until 1952), and Württemberg-Hohenzollern (until 1952). West Berlin , while still under occupation by

10989-471: 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

11100-481: The territory of the former German Democratic Republic ( East Germany ) became part of the Federal Republic, by accession of the re-established eastern states of Brandenburg , Mecklenburg-West Pomerania ( Mecklenburg-Vorpommern ), Saxony ( Sachsen ), Saxony-Anhalt ( Sachsen-Anhalt ), and Thuringia ( Thüringen ), and the reunification of West and East Berlin into a city state. A referendum in 1996 to merge Berlin with surrounding Brandenburg failed to reach

11211-484: The three western military governors approved the Basic Law but suspended Article 29 until such time as a peace treaty should be concluded. Only the special arrangement for the southwest under Article 118 could enter into force. Upon its founding in 1949, West Germany thus had eleven states. These were reduced to nine in 1952 when three south-western states ( South Baden , Württemberg-Hohenzollern , and Württemberg-Baden ) merged to form Baden-Württemberg . From 1957, when

11322-522: The time. A wing of the Bundeshaus was specially built for the Bundesrat. 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. For the Federal Diet of 1815, the basic law (Bundesakte) established two different formations. In

11433-423: The wishes of the majority of Baden's population. The two Palatine petitions (for a reintegration into Bavaria and integration into Baden-Württemberg) failed with 7.6% and 9.3%. Further requests for petitions (Lübeck, Geesthacht, Lindau, Achberg, and 62 Hessian communities) had already been rejected as inadmissible by the Federal Minister of the Interior or were withdrawn as in the case of Lindau. The rejection

11544-527: 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. 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

11655-573: 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. The composition of

11766-609: Was confirmed by the Federal Constitutional Court in the case of Lübeck. In the Paris Agreements of 23 October 1954, France offered to establish an independent "Saarland", under the auspices of the Western European Union (WEU), but on 23 October 1955 in the Saar Statute referendum the Saar electorate rejected this plan by 67.7% to 32.3% (out of a 96.5% turnout: 423,434 against, 201,975 for) despite

11877-411: Was decisive). On 25 April 1952, the three former states merged to form Baden-Württemberg. With the Paris Agreements in 1954, West Germany regained (limited) sovereignty. This triggered the start of the one-year period as set in paragraph 2 of Article 29. As a consequence, eight petitions for referendums were launched, six of which were successful: The last petition was originally rejected by

11988-467: Was looking into this issue, among others. There have been frequent suggestions of replacing the Bundesrat with a US-style elected Senate, 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, make opposing majorities less likely, make the legislative process more transparent, and generally set

12099-575: Was one legislative body. The other one was the Bundesrath (old spelling). This organ was expressly modelled after the old diet. 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

12210-578: 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,

12321-600: 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. 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

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