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1
Niedobitek, Matthias. "The German Bundesrat and Executive Federalism." Perspectives on Federalism 10, no. 2 (June 1, 2018): 198–214. http://dx.doi.org/10.2478/pof-2018-0023.
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Abstract The German Basic Law constitutes federalism as a unique political system which is characterised by intertwined decision-making of the Federation (Bund) and the component units (Länder). The executives of the two federal tiers and the Länder executives within the Bundesrat play a major role in making joint decisions. They are forced to make decisions in the ‘joint-decision mode’ (Politikverflechtung) which is detrimental to accountability. Reform efforts were made to unbundle competences and to reduce the number of bills which require the Bundesrat’s consent. Due to the dominance of the executives and the distribution of powers between the federal tiers (legislation is dominated by the Bund, execution is dominated by the Länder), German federalism is rightly called ‘executive federalism’. German federalism can even be regarded as an embodiment of that concept since it covers all possible aspects of ‘executive federalism’. The Bundesrat has an important share in that classification.
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Suszycka-Jasch, Magdalena, and Hans-Christian Jasch. "The Participation of the German Länder in Formulating German EU-policy." German Law Journal 10, no. 9 (September 1, 2009): 1215–55. http://dx.doi.org/10.1017/s2071832200018113.
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On the 30 June 2009 the German Federal Constitutional Court (Bundesverfassungsgericht, FCC) has passed its long-awaited decision on the compatibility of the Act approving the Treaty of Lisbon and the accompanying legislation with the Basic law (Grundgesetz). The FCC's decision according to which the ratification law is compatible with the Basic law was greeted with relief by many German and European policy makers. It has removed another obstacle for the adoption of the Treaty of Lisbon in the European Union (EU), which still has to be ratified by Ireland, Poland and the Czech Republic, though. But also Germany's ratification still depends on the amendment of the accompanying “Act Extending and Strengthening the Rights of the Bundestag and the Bundesrat in European Union Matters” (“Extending Act”) which the FCC has declared incompatible with the Basic law insofar as the legislature, Bundestag and Bundesrat, have not been accorded sufficient rights of participation in European law-making and treaty amendment procedures. The FCC has therefore ruled that the Federal Republic of Germany's instrument of ratification of the Treaty of Lisbon may not be deposited as long as the constitutionally required legal elaboration of the parliamentary rights of participation has not entered into force. This puts pressure on German law-makers to amend the accompanying “Extending Act” possibly before the referendum in Ireland and before German elections in autumn 2009.
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Gunlicks, Arthur. "German Federalism Reform: Part One." German Law Journal 8, no. 1 (January 1, 2007): 111–31. http://dx.doi.org/10.1017/s2071832200005447.
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In October 2005 the German Law Journal published my article which reviewed the major characteristics of German federalism, some common criticisms, and efforts to reform the system in recent decades. These efforts culminated in a Federalism Commission (Kommission von Bundestag und Bundesrat zur Modernisierung der bundesstaatlichen Ordnung [KOMBO]) that was formed in the fall of 2003 and met until December 2004, when the co-chairs announced that the Commission was unable to reach agreement on several issues, in particular the respective roles of the federal and Land (state) governments in higher education policy. The failure of federalism reform was lamented by most observers, and many regretted especially the fact that the Commission had agreed on far more issues than those on which it had disagreed.
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Lachner, Constantin M., and Rafael von Heppe. "The Introduction of Real Estate Investment Trusts [REITs] in Germany." German Law Journal 8, no. 1 (January 1, 2007): 133–42. http://dx.doi.org/10.1017/s2071832200005459.
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The German Real Estate Investment Trust – or, G-REIT – is in the centre of interest in Germany these days and expected to be introduced in Germany in the beginning of 2007. After a preparation phase initiated in 2003 by a lobbying group (“IFD”) under the former German government, the new government has most recently drafted a bill with respect to the introduction of G-REITs (“bill”). This bill remains to be subject to parliamentary discussion and is likely to be partially modified before its final adoption: in addition to its passage in the Bundestag (Federal Parliament), it requires the approval of the Bundesrat (German Federal Council). Following its first reading it will be committed to the Financial Committee, which will conduct hearings. However, the legislator intends to pass the bill in the first quarter of 2007 to take retroactive effect as of 1 January 2007. This essay intends to outline fundamental corporate, capital market, and tax related G-REIT parameters provided for by the G-REIT Act in its present form.
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Bachmann, Gregor. "Introductory Editorial: Renovating the German Private Limited Company - Special Issue on the Reform of the GmbH." German Law Journal 9, no. 9 (September 1, 2008): 1063–68. http://dx.doi.org/10.1017/s2071832200000316.
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On 28 June 2008, the German Bundestag (Federal Parliament) passed a bill on the reform of German corporate law. Known as the Gesetz zur Modernisierung des GmbH-Rechts und zur Bekämpfung von Missbräuchen (MoMiG – Law for the Modernization of the GmbH and to Stop its Misuse) the bill is a milestone, the single most important reform of the most commonly used German corporate form. The reform will bring about major changes. Among other things the reform will make it possible to establish a GmbH with a share capital of nothing more than € 1 EURO (previously, € 25,000 had been required) and to establish a GmbH that has no active business in Germany but solely operates abroad. Although the bill still has to be approved by the Bundesrat (Federal Council of the States), which will probably vote on this matter on 19 September, experts have little doubt that the reform easily will pass this last hurdle and enter into force as soon as 1 November.
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Koggel, Claus. "The Mediation Committee of the Bundestag and Bundesrat: A Special Institution of German Constitutional Law." International Journal of Legal Information 44, no. 1 (March 2016): 35–42. http://dx.doi.org/10.1017/jli.2016.5.
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AbstractThe Mediation Committee of the Bundestag and Bundesrat – is it “one of the most felicitous innovations in our constitutional activities”, “the most positive institution in the entire Basic Law” or, as some critics assert “a substitute and superordinate parliament” or indeed the “mysterious darkroom of the legislative process”? This article seeks to provide answers to these questions. It is however clear that the Mediation Committee has become an important instrument for attaining political compromises in Germany's legislative procedure. The Committee's purpose is to find a balance between the differing opinions of the Bundestag and Bundesrat concerning the content of legislation, and, through political mediation and mutual concessions, to find solutions that are acceptable to both sides. Thanks to this approach, the Mediation Committee has helped save countless important pieces of legislation from failure since it was established over 65 years ago, thus making a vital contribution to ensure the legislative process works efficiently. The lecture will address the Mediation Committee's status and role within the German legislative process. It will explain the composition of this body as well as its most important procedural principles also against the backdrop of current case law from the Federal Constitutional Court. Finally, the lecture will consider how particular constellations of political power impact on the Mediation Committee's work.
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Becker, Florian. "The Decision of the German Constitutional Court on the Immigration Act." German Law Journal 4, no. 2 (February 1, 2003): 91–106. http://dx.doi.org/10.1017/s2071832200015789.
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Even experienced scholars will have to think for quite a while when asked to remember whether a similar situation has ever occurred: A tiny constitutional provision in the organisational part of the Grundgesetz (GG – Basic Law), not exactly neglected by learned writers but definitely never seen as a source of major problems, became the starting point of one of the most emotional outbursts German politics has ever experienced. The said provision, Article 51.3(2) of the Basic Law, dealing with the voting procedure in the Bundesrat innocently says that the votes of one Land's representatives “can” (“können”) be cast only unanimously. In order to understand the causes for the earthquake that struck the German political and constitutional system in the 774th session of the Bundesrat on 22 March 2002 it is essential to shed light on the structure and the constitutional role of the Bundesrat.
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Niedobitek, Matthias. "The Lisbon Case of 30 June 2009 - A Comment from the European Law Perspective." German Law Journal 10, no. 8 (August 1, 2009): 1267–76. http://dx.doi.org/10.1017/s2071832200001607.
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In its 30 June 2009 judgment on the Treaty of Lisbon, the German Federal Constitutional Court stated that “there are no decisive constitutional objections to the Act Approving the Treaty of Lisbon,” but only as long as “the provisos that are specified in the grounds” are taken into account. Thus, in conformity with the terms of the judgment, the Court has made the constitutionality of the Act Approving the Lisbon Treaty dependent on an amendment of the Act Extending and Strengthening the Rights of the Bundestag (German Federal Parliament) and the Bundesrat (German Federal Council of States) in European Union Matters. One could also put it another way: The Act Approving the Lisbon Treaty is unconstitutional as long as the constitutional concerns specified in the judgment are not met.
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Al-Najjar, Sherzad Ahmad Ameen, and Dlawar Osman Majed. "The Constitutional Position of the Federal Council (Bundesrat) in the German Political System." Journal of Legal and Political Studies 7, no. 2 (December 22, 2019): 502–36. http://dx.doi.org/10.17656/jlps.10166.
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Helms, Ludger. "Is there Life after Kohl? The CDU Crisis and the Future of Party Democracy in Germany." Government and Opposition 35, no. 4 (October 2000): 419–38. http://dx.doi.org/10.1111/1477-7053.00039.
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There are few Chapters of the Federal Republic'S History that could be written without a prominent reference to the Christian Democratic Union (CDU). Since 1949 Christian Democratic chancellors have led German governments for no less than 37 years. Even when in opposition, the Christian Democrats - composed at the national level of the CDU and the Bavarian Christian Social Union (CSU)1 - constituted more often than not the strongest parliamentary party group (Fraktion) in the Bundestag, such as after the federal elections of 1969, 1976 and 1980. Also at state level and in the Bundesrat, which represents the individual states (L-nder) in the national decision-making process, the Christian Democrats quite often held a dominant position justifying occasional remarks of a ‘CDU/CSU bias’ within the German party system.
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Greg, Taylor. "Upper House Reform in Germany: the Commission for the Modernization of the Federal System." Constitutional Forum / Forum constitutionnel 17, no. 1, 2 & 3 (July 11, 2011): 2008. http://dx.doi.org/10.21991/c9p955.
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As the debate on a possible new second leg- islative chamber proceeds both in the United Kingdom (U.K.) and Canada, it is useful to note recent amendments to the German Con- stitution (Basic Law) affecting the federal up- per house of Parliament (Bundesrat). Despite all the differences among the House of Lords, the Canadian Senate,1 and the Bundesrat, there are some points on which a comparison is use- ful. Moreover, some of the impetus behind the German reforms — a conviction that there had been too much emphasis on cooperative feder- alism and too little on healthy competition — is reminiscent of debates about such matters in other federations in general, and Canada in particular.
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Schwarz, Peter. "Deficits and Divided Governments: The Case of the German ‘Bundesrat’." Constitutional Political Economy 17, no. 2 (June 2006): 87–101. http://dx.doi.org/10.1007/s10602-006-0003-9.
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Landfried, Christine. "The Impact of the German Federal Constitutional Court on Politics and Policy Output." Government and Opposition 20, no. 4 (October 1, 1985): 522–42. http://dx.doi.org/10.1111/j.1477-7053.1985.tb01102.x.
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THE HISTORICAL EXPERIENCE OF THE SURRENDER OF LEGAL positivism to the prevalence of injustice under the nazi regime and the concern to create a real federation led the founding fathers of the Federal Republic of Germany to create the most powerful Constitutional Court in the world for the control of the formal and material constitutionality of laws.This Court, a supreme constitutional organ like the Bundestag and the Bundesrat, is organized in two chambers, called Senates. The First Senate has jurisdiction over basic rights, the Second Senate decides all questions of political disputes. Though the Court only acts on request, it does nevertheless play an active role in shaping politics and policy output. The jurisdiction of this Court is the ‘authentic interpretation of the Constitution’ and it cannot be qualified as normal jurisdiction, because many provisions of the Basic Law are open to different interpretations and call for a reference to sources and premises beyond the document itself.
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Finke, Patrick, Markus M. Müller, Antonios Souris, and Roland Sturm. "Representation of Partisan, Territorial, and Institutional Interests in Second Chambers: Evidence from the German Bundesrat and its Committees." Publius: The Journal of Federalism 50, no. 2 (November 14, 2019): 213–36. http://dx.doi.org/10.1093/publius/pjz032.
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Abstract Revisiting the longstanding debate on interest representation in federal second chambers, this article investigates the influence of partisanship vis-à-vis territorial and other interests such as institutional concerns on deliberations. We argue that committees as the actual place of policy- and decision-making provide an instructive approach to understand interest representation in second chambers, just as in first chambers. For the empirical part of our study, we focus on the German Bundesrat and its committees. Based on the protocols of their meetings, we developed a new dataset that contains information on more than 51,000 roll call votes, the largest-ever empirical basis to study interest representation and decision-making in the Bundesrat. Above all, we find that partisanship plays a role, yet a minor one. The representatives prioritize individual or joint sub-state interests over their political party affiliations, just like the founding fathers of the Federal Republic have envisaged it in the German constitution.
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Vesper-Gräske, Marvin. "“Say On Pay” In Germany: The Regulatory Framework And Empirical Evidence." German Law Journal 14, no. 7 (July 1, 2013): 749–95. http://dx.doi.org/10.1017/s2071832200002017.
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A shareholder vote on executive compensation, the so-called “say on pay”, has become one of the most prominent corporate governance tools for regulators in their urge to tackle excessive executive remuneration. Its implementation in the United Kingdom in August 2002 has triggered–not least because of a Recommendation of 2004 by the European Commission–a broader discussion of this instrument which gradually led to the adoption of related rules throughout Europe. In Germany, a “say on pay” was enacted by the German Parliament (Deutscher Bundestag) as part of the Act on the Appropriateness of Management Board Compensation (Gesetz zur Angemessenheit der Vorstandsvergütung–VorstAG) on 18 June 2009, it passed the second chamber of the German Parliament (Deutscher Bundesrat) on 5 July 2009 and was promulgated in the legal gazette (Bundesgesetzblatt) on 31 July 2009. The new law became effective on 5 August 2009. In the meantime, the United States also enacted provisions with respect to a shareholder vote on executive compensation. The Dodd-Frank Wall Street Reform and Consumer Protection Act, often only referred to as the “Dodd-Frank-Act”, introduced a mandatory, non-binding “say on pay”, as well as a more specific shareholder vote on payments in the context of a change of control (“golden parachutes”). The SEC recently adopted rules in order to implement these provisions.
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Alter, Alison B. "Minimizing the Risks of Delegation: Multiple Referral in the German Bundesrat." American Journal of Political Science 46, no. 2 (April 2002): 299. http://dx.doi.org/10.2307/3088378.
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Shikano, Susumu. "The Dimensionality of German Federal States' Policy Preferences in the Bundesrat." German Politics 17, no. 3 (September 2008): 340–52. http://dx.doi.org/10.1080/09644000802300627.
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Silvia, Stephen J. "Reform gridlock and the role of the bundesrat in German politics." West European Politics 22, no. 2 (April 1999): 167–81. http://dx.doi.org/10.1080/01402389908425306.
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Klees, Andreas M. "Breaking the Habits: The German Competition Law after the 7th Amendment to the Act against Restraints of Competition (GWB)." German Law Journal 7, no. 4 (April 1, 2006): 399–419. http://dx.doi.org/10.1017/s2071832200004740.
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The amended German Act against restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen – GWB) has been in force since 1 July 2005. After a long and controversial debate, including a mediation procedure between the Bundestag (Lower House of the German Federal Parliament) and the Bundesrat (Upper House of the German Federal Parliament), and two and a half years after the adoption of Regulation No. 1/2003 in December 2002 the 7th Amendment to the Law against restraints of Competition was finally adopted in June 2005. Interestingly, the delay in passing the 7th Amendment – more than one year after Regulation No.1 came in force – was not so much caused by the fundamental changes that had become necessary in the light of Regulation No. 1. Rather, it was caused by those changes which did not become part of it: the proposed reform of merger control in the newspaper industry. Nonetheless, the latest amendment of the German competition law brought a greater number of fundamental changes than the six previous amendments adopted between 1958 and 1998. More specifically, the 7th Amendment abolished numerous specialties of the German antitrust law, which had been cultivated during previous decades. At the same time, it pointed to the increasing “Europeanization” (or, in other words, the decreasing relevance) of the national competition law that primarily covers the rules regarding anti-competitive agreements, decisions and concerted practices and is likely to extend to other areas in the future, such as unilateral conduct and merger control.
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Von Münch, Ingo. "A German Perspective on Legal and Political Problems of Coalition Governments." Victoria University of Wellington Law Review 30, no. 1 (June 1, 1999): 65. http://dx.doi.org/10.26686/vuwlr.v30i1.6013.
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In September and October 1998 Professor von Münch was a visiting fellow of the New Zealand Institute of Public Law. During an extremely busy visit, Professor von Münch gave a number of seminars on aspects of German Constitutional and Electoral Law. These seminars, given by both a leading Constitutional and Electoral Law academic and a former deputy prime minister of the State of Hamburg and former member of the Bundesrat, or German Senate, were timely given the trials and tribulations of New Zealand's first MMP Coalition Government which had then just ended in the sacking of the minor party's leader as Deputy Prime Minister. In contrast to much of the contemporary gloom at the perceived failed hope of MMP, Professor von Münch presented a hopeful view of both the electoral system that New Zealand had imported from Germany and of the possibilities of Coalition Government. The following is an enlarged text of a speech, delivered to the Public Law section of the New Zealand Ministry of Justice.
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Hegele, Yvonne. "Multidimensional Interests in Horizontal Intergovernmental Coordination: The Case of the German Bundesrat." Publius: The Journal of Federalism 48, no. 2 (August 21, 2017): 244–68. http://dx.doi.org/10.1093/publius/pjx052.
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Czaputowicz, Jacek, and Marcin Kleinowski. "The voting systems in the Council of the EU and the Bundesrat – What do they tell us about European Federalism?" Perspectives on Federalism 10, no. 1 (May 1, 2018): 176–201. http://dx.doi.org/10.2478/pof-2018-0009.
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Abstract The Treaty of Lisbon introduced a new system of weighted votes in the Council, which radically departs from the principles on which the distribution of votes between the Member States of the EU was based for more than half a century. At the same time, the system of double majority is fundamentally different from the assumptions on which voting systems in federal states are based, including in the Bundesrat. Systems used in federal states are usually based on a compromise between the equality of states, and the equality of citizens. Consequently, in the Nice system, smaller Member States in the EU had relatively greater power compared to their populations than smaller federal units in the German Bundesrat. The results presented in this paper indicate that the Lisbon system of voting in the Council differs significantly from voting systems in federal states.
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Satrio, Abdurrachman. "FUNGSI LEGISLASI MAJELIS TINGGI DI INDONESIA DAN JERMAN: PERBANDINGAN ANTARA DPD DENGAN BUNDESRAT." Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional 4, no. 3 (December 31, 2015): 383. http://dx.doi.org/10.33331/rechtsvinding.v4i3.12.
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<p>Dinamika politik legislasi di tingkat nasional saat ini cenderung meminggirkan kepentingan daerah dan lebih mendahulukan kepentingan politik. Menurut penulis salah satu alasannya disebabkan karena Dewan Perwakilan Daerah (DPD) sebagai majelis tinggi dan representasi teritorial di tingkat nasional dalam menjalankan fungsinya yang utama yaitu fungsi legislasi tidak memiliki kewenangan yang kuat, terutama bila dibandingkan dengan DPR sebagai majelis rendah dan representasi politik. Oleh karena itu, penelitian ini mencoba menemukan dasar argumentasi perlunya penguatan terhadap kewenangan konstitusional DPD sebagai majelis tinggi dalam menjalankan fungsi legislasi dengan membandingkan fungsi legislasi yang dimiliki DPD dengan Bundesrat di Jerman sebagai majelis tinggi lainnya yang juga berperan sebagai representasi teritorial di tingkat nasional. Penelitian ini bersifat yuridis normatif dengan menitikberatkan adanya kesenjangan antara harapan ( das sollen ) dan kenyataan ( das sein ), melalui studi perbandingan akan ditemukan persamaan-persamaan ( similiarities ) serta perbedaan ( contrast ) di antara keduanya. Dari perbandingan tersebut terlihat bahwa Bundesrat memiliki fungsi legislasi yang jauh lebih kuat dibandingkan DPD, padahal secara teoritis seharusnya DPD memiliki fungsi legislasi yang lebih kuat sebagai majelis tinggi dibandingkan dengan bundesrat.</p><p>The dynamic-political process of legislation in national level at this time, tends to ignore a local interest and give precedence to political interest. In my opinion one of the reason is because Dewan Perwakilan Daerah (DPD) as a territorial representative at national level in order to run the main function that is legislative function has no powerful authority, compare to DPR as a lower house and as political representative. That’s why, this research try to find basic argumentation the need to strengthen the constitutional authority of DPD as upper house to run legislative function by comparing with German upper house (Bundesrat) which has capacity as territorial representative in national scale. This research is conducted in normative-jurist method which focuses on the existence of expectation (das sollen) and reality (das sein), through this comparison it will be found the similarities and differences in those two. From this comparison we find that Bundesrat has a stronger legislative function than DPD well in fact, theoritically legislative function of DPD must be stronger as a upper house compares to Bundesrat. </p>
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Bothe, Michael. "Le Bundesrat. La protection des intérêts des Länder selon la Loi fondamentale allemande." Les Cahiers de droit 26, no. 1 (April 12, 2005): 93–109. http://dx.doi.org/10.7202/042649ar.
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After dealing with the West German Bundersrat in a double-chamber system, the author, following the Basic Law of the country, depicts the varied powers of this Chamber. The participation of the Bundersrat in federal legislation is examined through its suspensive veto over every bill adopted by the first chamber — the Bundestag. The Bundersrat also has the power to approve certain categories of Bills. The participation of the Bundersrat in the federal administration, contentious powers and the nomination process are ideas also developed in this article. The author examines the political role of the Chamber and shows that the Bundersrat has a counterbalancing effect between the Bundestag and the federal government. The importance of the roles of the parties in developing the political position of the Bundersrat is also discursed herein. Professor Bothe concludes by saying that the Bundersrat is an important element of West German cooperative federalism and wonders if exporting this institution to Canada would be a wise move.
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Birkmeier, Olga, Andreas Käufl, and Friedrich Pukelsheim. "Abstentions in the German Bundesrat and ternary decision rules in weighted voting systems." Statistics & Decisions 28, no. 1 (January 2011): 1–16. http://dx.doi.org/10.1524/stnd.2011.1066.
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Brunner, Martin, and Marc Debus. "Between Programmatic Interests and Party Politics: The German Bundesrat in the Legislative Process." German Politics 17, no. 3 (September 2008): 232–51. http://dx.doi.org/10.1080/09644000802300288.
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Schmitt, Hermann, and Andreas M. Wüst. "The Extraordinary Bundestag Election of 2005: The Interplay of Long-term Trends and Short-term Factors." German Politics and Society 24, no. 1 (March 1, 2006): 27–46. http://dx.doi.org/10.3167/104503006780935324.
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When Chancellor Gerhard Schr?der went public and announced his plan for early elections on the evening of 22 May 2005, the SPD and the Green Party had just lost the state election in North-Rhine West-phalia. It was the last German state ruled by a Red-Green government, which left the federal government without any stable support in the Bundesrat. The chancellor's radical move resulted in early elections that neither the left (SPD and Greens) nor the conservative political camp (CDU/CSU and FDP) was able to win. While the citizens considered the CDU/CSU to be more competent to solve the country's most important problems, unemployment and the economy, the SPD once again presented the preferred chancellor. The new govrnment, build on a grand coalition of CDU/CSU and SPD, might be able to solve some of the structural problems of the country. While this will be beneficial for Germany as a whole, it will at the same time weaken the major German parties, which are running the risk of becoming politically indistinguishable.
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Kiiver, Philipp. "German Participation in EU Decision-Making after the Lisbon Case: A Comparative View on Domestic Parliamentary Clearance Procedures." German Law Journal 10, no. 8 (August 1, 2009): 1287–96. http://dx.doi.org/10.1017/s2071832200001620.
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When the German Federal Constitutional Court pronounced itself on the constitutionality of the Treaty of Lisbon, its general reasoning on the character of the European Union sounded familiar. In its judgment, the Court recalls that the German Basic Law is a Europe-friendly constitution: its Preamble and its Article 23, regarding European integration, allow, and in fact prescribe, Germany's participation in the establishment of a united Europe. However, the Court also stresses the paramount position of the member states, their peoples, and their national parliaments in the institutional architecture of the EU. Already in its Maastricht Case, the Court had put an emphasis on institutional guarantees regarding the conditions under which sovereign competences may be conferred upon the EU from its constituent member states. The Lisbon Case builds upon the Maastricht doctrine, but now adds concrete instructions to the German legislature: whenever the EU institutions wish to apply certain strategic decisions under the Treaty of Lisbon, the German government may agree to them only after the two national legislative chambers, the German Federal Parliament (Bundestag) and the German Federal Council of States (Bundesrat), have given their prior approval. The national statute that regulates this must (and will) be changed accordingly before Germany may ratify the Treaty of Lisbon. The strategic decisions in question mainly concern what the Court considers to be, or at least potentially to be, de facto treaty amendment procedures by which EU institutions may dynamically expand their competences or change decision-making rules without having to resort to the regular ratification procedure for new treaties. The most prominent example is the so-called passerelle (or simplified treaty revision procedure), allowing the European Council unanimously, and with the European Parliament's assent, to introduce qualified majority voting and co-decision in areas where this does not yet apply. National parliaments are informed six months in advance and each of them may cast a binding veto, but ordinary positive ratification in all member states is not required. Also for the application of the flexibility clause, allowing for EU action to attain EU goals in the absence of a specific legal basis, the German Constitutional Court requires prior bicameral approval by the national legislature. The Court rejects the idea of future treaty amendment by tacit consent, because that would undermine the prerogatives of the national legislature and, essentially, German sovereign statehood. At the risk of sounding corny, we may therefore dub the Lisbon Case “Solange III,” after the two previous Solange Cases, and summarize it as follows: As long as (or, solange, in German) the European Union is not a federal state but comprises constituent member states, the people, through the national legislature, must consciously legitimize European integration step by step. The partially enhanced flexibility of future treaty reforms envisaged under the Treaty of Lisbon is, as far as Germany is concerned, undone. But what about the other member states? Where does the Lisbon case put Germany on the European map of parliamentary democracy? How do the ratification procedures on which the German Court insists compare with the procedures of national parliamentary oversight as they exist in the rest of the Union? The present article shall put the envisaged German procedures in a comparative perspective. But first it shall reflect on some of the main features of the judgment itself.
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Reimer, Ekkehart. "La crisis financiera como oportunidad político-constitucional : el nuevo freno al endeudamiento en la Constitución Alemana." Teoría y Realidad Constitucional, no. 28 (June 1, 2011): 93. http://dx.doi.org/10.5944/trc.28.2011.6955.
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In course of the financial crisis, States have proven to be strong actors. However, they have paid a high price for the demonstration of their power-skyrocketing budgetary deficits as well as an alarming increase of overall public debts. With regard to EU Member States, it is true that EU law has mitigated tendencies towards deficit-spending to a considerable degree and that these merits are due to State Aid rules (Arts. 87 et seq. EC Treaty, now Arts. 107 et seq. TFEU) rather than to the Stability and Growth Pact. Many Member States, however, regard an autonomous reduction of deficits as indispensable and take constitutional measures to restrict their annual deficits and/or overall debts. The article analyses the amendments to the German Grundgesetz as well as accompagnying legislation which have been enacted by the Bundestag and Bundesrat in July 2009 as a „Föderalismusreform II“, a major reconfiguration of the legal rules on public deficits on both the federal level and the level of the 16 Länder (states), and provides an outlook on further steps to be taken in the future.En la crisis financiera los Estados se han mostrado como agentes poderosos. Ahora bien, han pagado un precio muy elevado por esta demostración de su capacidad de acción: un aumento vertiginoso de su nuevo endeudamiento neto y un incremento preocupante de la deuda acumulada. Dentro de la Unión Europea, si bien el Derecho de la Unión ha suavizado en considerable medida la tendencia de los Estados a financiarse mediante déficit, esto se ha debido más a una inteligente aplicación de las normas en materia de ayudas estatales [arts. 87 y 88 del Tratado de la Comunidad Europea (antigua versión), actualmente arts. 107 y 108 del Tratado de Funcionamiento de la Unión Europea] y menos al Pacto de Estabilidad y Crecimiento. No obstante, muchos Estados miembros consideran a la vez indispensable una reducción autónoma del déficit, y están adoptando medidas constitucionales para limitar su nuevo endeudamiento anual y/o su deuda acumulada. El presente trabajo analiza la reforma de la Ley Fundamental alemana y la legislación de acompañamiento que aprobaron el Bundestag y el Bundesrat en julio de 2009 en el marco de la segunda reforma del federalismo (Föderalismusreform II), una reordenación fundamental de la normativa en materia de déficit público, tanto en el ámbito federal como de los dieciséis Estados Federados (Länder), y aporta una visión prospectiva de qué reformas adicionales son necesarias.
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주인석. "Regional and Political Interests Representation of the German Bundesrat : Some Implication for Political Reform in Korea." 21st centry Political Science Review 24, no. 1 (May 2014): 337–62. http://dx.doi.org/10.17937/topsr.24.1.201405.337.
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Arndt, Nina, and Rainer Nickel. "Federalism Revisited: Constitutional Court Strikes Down New Immigration Act For Formal Reasons." German Law Journal 4, no. 2 (February 1, 2003): 71–89. http://dx.doi.org/10.1017/s2071832200015777.
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On 18 December 2002, one of the major legislative projects of the Schröder Government during its first term of office from 1998 to 2002 failed when the Federal Constitutional Court delivered its judgement in the Immigration Act case. In a split decision, the Court declared the new Immigration Act, the “Gesetz zur Steuerung und Begrenzung der Zuwanderung“ (Act on the Management and Limitation of Immigration) void for formal reasons: It found that the Act did not receive a valid majority vote in the Bundesrat, the chamber of the 16 German states (Länder) that form the Republic. The Court did not have to deal with any questions related to the content of the Act. It discussed only the constitutionality of the legislative procedure.
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Horgan, Gerard W. "Federalism and Second Chambers—Regional Representation in Parliamentary Federations: the Australian Senate and German Bundesrat Compared, by Wilfried Swenden." Publius: The Journal of Federalism 37, no. 4 (November 29, 2006): 613–15. http://dx.doi.org/10.1093/publius/pjl019.
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Kokeev, Alexander, and Maria Khorolskaya. "Impact of the COVID-19 Pandemic on the Economic and Political Situation in Germany. Part 1." Scientific and Analytical Herald of IE RAS 21, no. 3 (June 30, 2021): 110–09. http://dx.doi.org/10.15211/vestnikieran32021101109.
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The COVID-19 epidemic has become a major security challenge for Germany. The country was faced with the need to protect its own citizens, transform the health care system and support the economy. On the eve of the elections to the Bundestag, German elite concern how COVID-19 and restrictive measures will affect the electoral preferences of the population. At the same time, the pandemic has become a test for European solidarity. The first isolationist reaction of the EU member states gave way to attempts to find a solution at the supranational level. In a twopart article, the team of authors made an attempt to analyze how the German government solves the problems facing the country at the national and European levels, as well as to identify how citizens’ moods change under the influence of the pandemic, what predictions can be made about the results of the upcoming elections to the Bundestag. The first part is devoted to German anti-virus policy, as well as a study of economic damage and measures to support the economy. The second will analyze the FRG’s policy at the European level, as well as the impact of the pandemic on the mood in society and the political preferences of Germans.
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Janes, Jackson. "Merkel 3.0: German Foreign Policy in the Aftermath of the 2013 Bundestag Election." German Politics and Society 32, no. 3 (September 1, 2014): 86–97. http://dx.doi.org/10.3167/gps.2014.320306.
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Angela Merkel remains arguably the most powerful politician in Europe, now in her third term as chancellor. While she enjoys popularity at home, seen as pragmatic and reliable, she faces numerous outward expectations and pressures that challenge Germany's foreign policy of restraint. Some argue that Germany does not pull its weight in foreign policy, particularly militarily, or at least is reluctant to do so. This view is not only an external one, but also is shared by Germany's leaders—both Foreign Minister Frank-Walter Steinmeier and President Joachim Gauck, among others, have expressed their desire for an increased German role in the world. Many politicians, however, do not see an advantage to focusing on foreign issues in their export-heavy economy. Other challenges, including disillusionment among Germans regarding their tenuous relationship with Russia and damaged trust between the U.S. and Germany as a result of the NSA scandal, will force Merkel to set an agenda that balances domestic concerns with her allies' expectations.
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Kobayashi, Harunori, and Hisaki Watari. "Cold Roll Forming Behavior of Wrought Magnesium Alloy with Tension - Compression Asymmetry." Defect and Diffusion Forum 394 (August 2019): 55–61. http://dx.doi.org/10.4028/www.scientific.net/ddf.394.55.
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In recent years, the movement that banning the sale of gasoline cars and diesel vehiclesespecially in Europe and allowing only electric cars for passenger’s cars has been accelerated. Forexamples, Germany’s federal council, the Bundesrat, has passed a resolution calling for a ban oncombustion engine cars by 2030. If the ban were to go through, German citizens would only bepermitted to purchase electric or hydrogen-fueled cars. In Norway, until 2025 there is a movement tolegislation prohibiting the registration of new cars for passenger car gasoline and diesel cars.Beginning in 2025 in the Netherlands, a bill to prohibit the sale of new cars for gasoline and dieselvehicles was submitted to Congress. Under the circumstances, the growing demand for light weightproducts for automotive industries has been increased due to global trend of environmentalpreservation. Although requires of magnesium has risen dramatically, production of magnesium alloysheet remains still at a very low level in practical use. The aim of the study is to establish a guidelinefor roll design in the roll forming of wrought magnesium alloys to extend practical use of roll formedproducts of wrought magnesium alloys. A three-dimensional elasto-plastic analysis by finite elementmethod has been conducted to express exact roll forming behavior of wrought magnesium alloys thathave different stress-strain curves in tension and compression. A simple V-sections were formed by atandem six stands roll forming machine to demonstrate effectiveness of the simulation methods withdifferent stress-strain curves in the case of tension and compression. Also, spring back analysis hasbeen performed to investigate exact cold roll forming phenomenon for wrought magnesium alloysheets.
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Bojenko-Izdebska, Ewa. "‘Expulsion’ in German historical policy — consequences for Polish-German relations." Studia nad Autorytaryzmem i Totalitaryzmem 40, no. 3 (December 28, 2018): 11–22. http://dx.doi.org/10.19195/2300-7249.40.3.3.
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‘EXPULSION’ IN GERMAN HISTORICAL POLICY — CONSEQUENCES FOR POLISH-GERMAN RELATIONSAfter the Second World War constant controversies and confrontations between Poland and Germany were provoked, in addition to question of the recognition of Poland’s western border, by the “fl ight and expulsion” Flucht und Vertreibung of Germans — described as “population transfer” by the Polish side — and the activity of homeland associations. In the early 1990s, after the fi nal recognition of the border and in view of the growing collaboration in many fi elds, it could seem that the controversies were resolved. However, the problem of “expulsions” returned in the 21st century with a new German historical policy and institutionalisation of remembrance. The change was symbolised by the Centre Against Expulsions project of 2002. In the end the German Bundestag adopted a resolution establishing a documentation centre of the Foundation Flight, Expulsion, Reconciliation in Berlin. In 2017 the centre presented a concept for a permanent exhibition. Its opening is planned for 2019. The controversies surrounding both projects have had an impact on the Polish-German relations and have revealed the diff erences in historical policies of the two countries.
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Kobayashi, Harunori, Hotaka Tozuka, and Hisaki Watari. "Estimation of Cold Roll Forming Characteristics of Wrought Magnesium Alloy with Tension-Compression Asymmetry." Key Engineering Materials 841 (May 2020): 346–52. http://dx.doi.org/10.4028/www.scientific.net/kem.841.346.
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In recent years, the movement for banning the sale of gasoline cars and diesel vehicles, especially in Europe, and allowing only electric passenger cars has been accelerated. For examples, Germany’s federal council, the Bundesrat, has passed a resolution calling for a ban on combustion engine cars by 2030. If the ban were to go through, German citizens would only be permitted to purchase electric or hydrogen-fueled cars. In Norway, until 2025 there is a movement for legislation prohibiting the registration of new gasoline passenger cars and diesel cars. Beginning in 2025 in the Netherlands, a bill prohibiting the sale of new cars gasoline and diesel vehicles was submitted to Congress. Under the circumstances, the demand for light-weight products for automotive industries has increased due to global trends in environmental preservation. Although demands for magnesium has risen dramatically, production of magnesium alloy sheet still remains at a very low level. This study seeks to establish a guideline for roll design in the roll forming of wrought magnesium alloys to extend practical use of roll-formed products of wrought magnesium alloys. A three-dimensional elasto-plastic analysis by the finite-element method has been conducted to express exact roll-forming behavior of wrought magnesium alloys that have different stress-strain curves in tension and compression. Simple V-sections were formed by a tandem six-stand roll forming machine to demonstrate the effectiveness of the simulation methods with different stress-strain curves in the case of tension and compression. Also, spring-back analysis has been performed to investigate the exact cold roll-forming phenomenon for wrought magnesium alloy sheets.
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Decker, Frank, and Jared Sonnicksen. "Coalitions and Camps in the German Party System after the 2009 Bundestag Election." German Politics and Society 28, no. 3 (September 1, 2010): 103–18. http://dx.doi.org/10.3167/gps.2010.280306.
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The recent Bundestag election in Germany warrants consideration for a number of reasons, not the least of which is that the results are indicative of several trends developing since unification and that will continue to play an important, if not ever increasing role in German politics. These developments include the intensifying fragmentation of the German party system and German voters' growing electoral volatility, both of which are hampering the parties' ability to form government coalitions. In the following article, we distill five fundamental aspects of the election. Building upon this analysis, we explore their meaning as well as potential impact on the German party system and partisan competition, as well as coalition patterns. At the same time, we address the overarching question of whether—and if so, to what extent—German politics is experiencing a trend toward bipolarity between a center-right and left camp and whether such an antagonistic model will be a passing phase or is indicative of a more established five-party system in Germany.
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Taylor, Greg. "Federalism and Second Chambers: Regional Representation in Parliamentary Federations—the Australian Senate and German Bundesrat Compared By Wilfried Swenden [Peter LangBrussels2004. ISBN 90-5201-211-3 423pp £32 (P/bk)]." International and Comparative Law Quarterly 54, no. 2 (April 2005): 534–36. http://dx.doi.org/10.1093/iclq/lei010.
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Jurkowska, Barbara. "Spatial diversification of socio-economic potential of the regions in Poland and Germany, particularly considering the Polish-German borderland." Wiadomości Statystyczne. The Polish Statistician 63, no. 8 (August 28, 2018): 47–64. http://dx.doi.org/10.5604/01.3001.0014.0688.
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The aim of the article is to demonstrate differences in various aspects of socio-economic life between the states of Germany and voivodships of Poland. Particular attention was devoted to the regions of the Polish-German borderland: Zachodniopomorskie, Lubuskie and Dolnośląskie voivodships and the neighbouring German states: Mecklenburg-Vorpommern, Brandenburg and Saxony. As a result of conducted taxonomic research, diversification among particular German states and voivodships in terms of socio-economic development was obtained. Hellwig’s taxonomic method was used in the research of the level of socio- -economic development of Poland and Germany. The study was based on data from Statistics Poland (GUS) and the Federal Statistical Office (Statistisches Bundesamt) in Germany. The analysis concerned years 2014—2017. The conclusions of the study are as follows: the greatest asset of the Polish regions is their demographic potential, which, combined with economic and innovation opportunities of the German regions, may become a stimulus for development in other areas of socio-economic life of the entire Polish-German borderland.
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Adaire, Esther. "“This Other Germany, the Dark One”." German Politics and Society 37, no. 4 (December 1, 2019): 43–57. http://dx.doi.org/10.3167/gps.2019.370405.
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This paper examines antiforeigner violence in the former East German towns of Hoyerswerda (1991) and Rostock-Lichtenhagen (1992) as a case study for both the heightened presence of neo-Nazi/skinhead groups in Germany following 1989/in the Wende period, and the memory politics employed by German politicians in the Bundestag, as well as in media discourse, with regards to the problems entailed in uniting two Germanys which had experienced entirely difference processes of Vergangenheitsbewältigung. My analysis of the riots focuses mainly on the mnemonic discourses surrounding them, in particular the work that the image of “the East German skinhead” does within the broader context of German memory politics. This paper is also situated within the context of present-day German politics with regards to shifting cultures of memory and the electoral success of Alternative for Germany.
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Palonen, Kari. "Conceptual Explorations around “Politics”." Contributions to the History of Concepts 16, no. 1 (June 1, 2021): 16–39. http://dx.doi.org/10.3167/choc.2021.160102.
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This article discusses the ways of conceptualizing politics in parliamentary debates. When the politics-vocabulary is ubiquitous in them, which kind of speech act lies in emphasizing the political aspect? Focusing on thematized uses allows us to identify conceptual revisions in the politics-vocabulary in digitalized plenary debates of the German Bundestag from 1949 to 2017. My fourfold scheme for conceptualizing politics (polity, policy, politicization, politicking) provides the analytical apparatus. The units of analysis in this study are compound words around politics written as single words, a German language specialty. Their frequency has remarkably risen in the Bundestag debates, and the search engine can easily find them. This research interest allows me to speculate with changes in the understanding and appreciation of politics in postwar (West)Germany.
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Wübbeler, Markus, and Sebastian Geis. "OP509 Do They Care? Debates About Nursing And Health Technology Assessment In The German Bundestag." International Journal of Technology Assessment in Health Care 36, S1 (December 2020): 11–12. http://dx.doi.org/10.1017/s0266462320001166.
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IntroductionOpposition parties in Germany are allowed to send formal requests to the government to control actions and pass important political debates to the parliament. These formal requests include a comprehensive analysis report issued by the scientific service of the German parliament. A systematic overview of these reports would support a deeper understanding about healthcare topics and assessments discussed by parties in the highest German decision body, particularly in the field of nursing.MethodsWe conducted a review using the German parliament “Bundestag” database for all formal requests since 1949. To systemize the formal requests we performed a quantitative category analysis using descriptive statistics.ResultsWe identified 26,197 formal requests with 146 reports related to nursing issued between 1978 and 2019. The 146 reports related to nursing accounted for 0.54 percent of all requests. Almost 30 percent of these requests were related to recruitment and qualification. The second major topic, with 15 percent, was financing of the nursing sector. Of all 146 formal requests in the history of the Bundestag, 55 percent (n = 81) were issued in the last 10 years.ConclusionsNursing is an emerging topic in the German parliament, highlighting the demographic shift in Germany and the growing pressure in the nursing care sector. Health Technology Assessment bodies should be informed and work together with the scientific services of parliamentary bodies. This would support a more transparent and evidence based healthcare system, aside from lobbyism.
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Palonen, Kari. "Conceptual Explorations around “Politics”." Contributions to the History of Concepts 16, no. 1 (June 1, 2021): 16–39. http://dx.doi.org/10.3167/choc.2020.160102.
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Abstract This article discusses the ways of conceptualizing politics in parliamentary debates. When the politics-vocabulary is ubiquitous in them, which kind of speech act lies in emphasizing the political aspect? Focusing on thematized uses allows us to identify conceptual revisions in the politics-vocabulary in digitalized plenary debates of the German Bundestag from 1949 to 2017. My fourfold scheme for conceptualizing politics (polity, policy, politicization, politicking) provides the analytical apparatus. The units of analysis in this study are compound words around politics written as single words, a German language specialty. Their frequency has remarkably risen in the Bundestag debates, and the search engine can easily find them. This research interest allows me to speculate with changes in the understanding and appreciation of politics in postwar (West)Germany
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Rastvortseva, Alexandra. "Nord Stream 2 in the mirror of German party discussions." Vestnik of Saint Petersburg University. International relations 14, no. 1 (2021): 97–111. http://dx.doi.org/10.21638/spbu06.2021.106.
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Russian-German energy relations, which have been continuing for over half a century, are an important component of bilateral interactions. Since the 1960s of the last century, Russia and Germany have been strengthening their cooperation, carrying out a large number of joint projects, setting up enterprises and building gas pipelines. In this article, the author examines the German internal political discussion around the construction of the transnational project Nord Stream 2, which, despite the initial approval of both sides, has repeatedly been the subject of controversy both in the internal and external political arena of Germany. The project was opposed not only by the Bundestag parties, referring to environmental problems and political contradictions, but also by European neighbors, as well as the United States of America, which have their own economic interests in the field of energy cooperation with Germany. The article presents an analysis of the discourse on this issue, based on the statements of the main politicians in Germany, party members at meetings of the Bundestag, as well as on information published in the German-language electronic media in the context of political pressure through the institutions of the European community and sanctions policy from the United States. The author comes to the conclusion that, despite the polarity of opinions on the construction of the gas pipeline, not only in internal political discussions, but also at the international level, Germany, while maintaining obligations to implement this project, is guided by its own political and economic doctrine and is able to make decisions, contrary to pressure from states with their own interests in this area of interaction.
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Wiefelspütz, Dieter. "The G8 Summit in Germany, the Bundeswehr and the German Bundestag." German Law Journal 11, no. 10 (October 2010): 1161–72. http://dx.doi.org/10.1017/s2071832200020162.
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From 6–8 June 2007, the summit meeting of the Group of Eight (G8) leading industrialized nations was held in Heiligendamm, Mecklenburg-Western Pomerania, under Germany's presidency. In advance of the summit, the federal state (Land) Mecklenburg-Western Pomerania and the federal authorities agreed that the task of providing adequate security for the Summit would overstretch Mecklenburg-Western Pomerania's capacities unless assistance were provided by the Federal Government and other federal states.
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Ziemer, Klaus. "Has the AfD changed German politics." Politologia 2 (November 28, 2020): 69–101. http://dx.doi.org/10.21697/p.7285.
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The entry of the AfD to the Bundestag marks a new stage in German politics. This article traces the origins of this right-wing populist party against the background of extreme rightwing parties in post-war Germany. It analyses the main precepts of the party’s programme and its activity in parliaments on the regional (Länder) level. A look at where AfD-voters are coming from reveals a long-term trend of a weakening alignment between voters and parties and a growing fragmentation of the German party system.
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Reisky, Maria. "Polski kryzys na forum Bundestagu w 1980 roku." Wrocławskie Studia Politologiczne 27 (February 20, 2020): 107–19. http://dx.doi.org/10.19195/1643-0328.27.7.
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The Polish crisis on the Bundestag forum in the 1980sIn the summer of 1980 a period of rapid social changes began in Poland, which became the subject of observation, analysis and discussion in many European countries. In the Federal Republic of Germany, the subject of Poland and the emerging economic crisis was discussed in the Bundestag. The aim of this article is to answer the question about the subject matter and intensity of Polish issues at the forum of German parliaments. How was the situation on the Vistula River reported? Who spoke most often and what demands did he make? Was the democratization of political life in Poland believed in? The author examined documents from the plenary sittings of the Bundestag held from midsummer until the end of December 1980.
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Madajczyk, Piotr. "Raphael Lemkin and West Germany’s Accession to the Convention on the Prevention and Punishment of the Crime of Genocide." Rocznik Polsko-Niemiecki, no. 28 (December 17, 2020): 47–60. http://dx.doi.org/10.35757/rpn.2020.28.14.
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On 20 December 1950, the Secretary General of the United Nations invited the Federal Republic of Germany to accede to the Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948. For several reasons the West German authorities treated the Convention as a tool to conduct foreign policy. The ratification of the Convention by West Germany and the form in which it was to take place were also important for Lemkin. Lemkin’s aforementioned fears explain why it was so important to him that the German language version of the Convention did not include phrases that distorted its original connotation and bring it closer to the Nuremberg principles. After a meeting of the Bundestag Law Committee on 3 May 1954, the West German justice minister informed Lemkin about the course of the discussions and also informed him that most of the proposed amendments and changes were accepted.
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Recker, Sebastian. "Casenote –– Euro Rescue Package Case: The German Federal Constitutional Court Protects the Principle of Parliamentary Budget." German Law Journal 12, no. 11 (November 1, 2011): 2071–75. http://dx.doi.org/10.1017/s2071832200017715.
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In its Aid Measures for Greece and Euro Rescue Package case, the German Federal Constitutional Court affirmed the Parliament's budget authority to provide financial aid measures to the European Monetary Union. The judgment conforms to the German Federal Constitutional Court's case law concerning the transfer of sovereign power to international organizations and reaffirms that German participation in international organizations is linked to constitutive pillars of the German Basic Law. One of these pillars is the Principle of Parliamentary Budget. This principle provides that any financial aid package has to be approved by the Parliament of the Federal Republic of Germany (Bundestag) before guarantees can be given to other states by the Federal Government. In its holding, the German Federal Constitutional Court ruled that the aid measures for Greece and the euro rescue package were consistent with the Principle of Parliamentary Budget and German Basic Law.