Introduction to German Politics PDF

Created by Turbolearn AI Introduction to the Political System of Germany The current government of Germany is a coalition of the SPD, FDP, and die Grünen, known as the Ampel Coalition. To form a government, a party or coalition needs to have at least 50% of the seats. Definition of Politics...

Created by Turbolearn AI Introduction to the Political System of Germany The current government of Germany is a coalition of the SPD, FDP, and die Grünen, known as the Ampel Coalition. To form a government, a party or coalition needs to have at least 50% of the seats. Definition of Politics Politics describes the action or intention to influence and design, aimed at binding decisions about the use of power, resources, or the distribution of goods. In German, Politik refers to politics, policy, and polity. Polity refers to the structure, while policy refers to the content. Power is defined by Marx Weber as every opportunity within a social relationship to assert one's own will, even in the face of resistance, regardless of what this opportunity is based on. Historical Context The Weimar Republic was the first democracy in Germany, established between the two World Wars. However, it was weak and lacked mechanisms to protect democracy, leading to the rise of the Nazi Party. After World War II, Germany was separated into different occupation zones, and the occupying powers made recommendations for a new system. One of these recommendations was the creation of a new constitution, the Grundgesetz BasicLaw, which came into effect on May 24, 1949. Elements of the Political System The following elements characterize the political system of Germany: Page 1  Created by Turbolearn AI Fundamental constitutional policy decisions Formation of interests and opinions on alternative political courses of action Process of decision making and control of decision makers Dealing with political problems Composition of political elites and attitude of the population towards the political system Basics of the German Political System The German political system is based on the following principles: 16 federal states Bundesländer Federal structure with a separation of powers executive, legislative, judicial Article 20 GG: federal, democracy, and social state peoplewithpowerresponsibleforpeoplewithlesspower Bicameral system: Bundestag and Bundesrat twochambersofP arliament Article 1 GG: human rights abstractly Liberal Democratic Basic Order The liberal democratic basic order is based on the following principles: Respect of human rights Sovereignty of the people Separation of power Responsibility of government Lawfulness of administration Independence of the judiciary Multi-party principle Equality of opportunities for all political parties Right of opposition Characteristics of Federalism The following characteristics define federalism in Germany: Page 2  Created by Turbolearn AI Characteristic Description Regional Representation States participate in federal decision-making Protects multiple cultural, social, and economic Preservation of Diversity identities Local problem-solving and decision-making are Subsidiarity Principle prioritized Financial Compensation Federal financial arrangements ensure economic System balance among states Benefits of the Federal System The federal system offers several advantages, including: Institutionalized Power Sharing: power is distributed across multiple levels Coordination Mechanisms: federal and state policies are aligned Flexible Problem-Solving: the structure adapts to regional needs Integration of Diversity: the system accommodates different ethnic and regional identities Negative Sides of the Federal System The federal system also has some negative sides, including: Cost Externalization and National Debt: the system can lead to high national debt Reduced Innovation and Experimentation: the need for consensus across multiple levels of government limits innovation Low Efficiency and Transparency: the complex entanglement of responsibilities can lead to inefficiencies COVID-19 Period During the COVID-19 period, the federal system played a crucial role in responding to the pandemic. The Infection Protection Act was passed to outline general guidelines, but states continued to exercise considerable autonomy in implementing their own specific COVID-19 regulations. The Bundesrat Page 3  Created by Turbolearn AI The Bundesrat is the second chamber of Parliament, consisting of members of the 16 state governments. The number of seats is distributed according to the population of each state, ranging from 3 to 6 seats. The Bundesrat has significant veto power, especially in cases where the approval of the Bundesrat is necessary. Decision-Making Procedure The decision-making procedure in Germany involves the following steps: 1. Origin of the draft legislation: the proposal for a law is initiated by the government, Bundesrat, or Bundestag. 2. First reading: the draft bill is discussed in the Bundestag. 3. Second reading: the draft bill is debated in the Bundestag. 4. Third reading: the draft bill is voted on in the Bundestag. 5. Bundesrat: the draft bill is debated in the Bundesrat. 6. Approval or objection: the Bundesrat can approve or object to the draft bill. Types of Laws There are two types of laws: Zustimmungspflichtige Gesetze consentbills: require the approval of the Bundesrat. Einspruchgesetze objectionbills: the Bundesrat can object, but not veto.## Introduction to the German Government The German government is a complex system with various branches and institutions. At the federal level, there are two main legislative bodies: the Bundestag F ederalP arliament and the Bundesrat F ederalCouncil. The Bundestag The Bundestag is the main legislative body in Germany, where decisions about laws and policies are made. It is composed of elected officials, known as Members of the Bundestag MdB, who represent the people and work independently. The Bundestag has different levels of organization, including: Page 4  Created by Turbolearn AI Plenary P lenum: A meeting of all members of the Bundestag, where decisions are made as a group. Groups F raktionen: Members of the Bundestag organize into groups based on their political parties. Committees: Smaller groups that focus on specific topics, such as health, education, or economy. Functions of the Bundestag The Bundestag has several functions, including: Election functions: Electing judges of constitutional courts and choosing the Chancellor Germany′sheadofgovernment. Legislative functions: Creating and passing laws. Initiation and control functions: Checking the government by questioning system and ensuring it follows the law. Articulation/communication/representation functions: Speaking for the German people and making their opinions heard. The Bundesrat The Bundesrat is the federal council of Germany, composed of representatives from each of the 16 states. It has the power to veto laws passed by the Bundestag, but this power is rarely used. Decision-Making Procedure In cases of disagreement between the Bundestag and the Bundesrat, a decision- making procedure is followed: The Bundestag and the Bundesrat discuss the law and try to find a compromise. If no compromise is reached, the Bundestag can pass the law with a majority vote. Types of Conflicts There are three types of conflicts that can arise in the German government: Page 5  Created by Turbolearn AI State level and Land level conflicts: Conflicts between different states or between the federal government and the states. Different professional and departmental interests: Conflicts between different government departments or agencies. Party political differences: Conflicts between different political parties, especially if there are different majorities in the Bundestag and the Bundesrat. The Federal Government The federal government is headed by the Chancellor, who is elected by the Bundestag. The Chancellor is responsible for setting the general direction of the government and is assisted by the Federal Ministers. Principles of the Federal Government The federal government operates on three principles: 1. Kanzlerprinzip ChancellorP rinciple: The Chancellor decides the general direction of the government. 2. Ressortprinzip DepartmentP rinciple: Each Federal Minister can work independently in their department. 3. Kabinettsprinzip CabinetP rinciple: All important decisions are made by the whole cabinet, with disagreements settled by majority vote. Election of the Chancellor The Chancellor is elected by the Bundestag without debate, on the proposal of the Federal President. The person who receives the majority of the votes is elected. Replacement of the Government There are two ways the Chancellor can lose their job: 1. Constructive no confidence vote: The Bundestag can express its distrust of the Chancellor by electing a successor with a majority vote. 2. Question of trust: The Chancellor can ask the Bundestag for a vote of confidence, and if they do not receive a majority, the Federal President can dissolve the Bundestag. Characteristics of Ministers Page 6  Created by Turbolearn AI Ministers are characterized by: Primary criteria: Party affiliation, with each party deciding independently about the minister's choice. Secondary criteria: Previous cabinet or parliament membership, party political position, and proportional characteristics such as gender or region. Staff of Ministries The staff of ministries are directly working under the minister, with the biggest ministry being the foreign policy ministry, which has embassies around the world. Chancellor Democracy The Chancellor has a high level of prestige and practical dominance, with a close connection between the chancellery and party leadership. There is a strong polarization between the government fraction and opposition, and the Chancellor is strongly engaged in foreign affairs. Coalition Formation Coalition formation depends on the percentage of votes received during the election and the coalition constellation at the federal level. The main factors for making a coalition include: Party preferences: The preferences of the parties for coalitions among the voters. Person preferences: The personal preferences of the party leaders. The following table summarizes the main coalitions in Germany: Coalition Parties CDU/CSU- Christian Democratic Union, Christian Social Union, Free Democratic FDP Party SPD-Greens Social Democratic Party, Alliance 90/The Greens CDU/CSU- Christian Democratic Union, Christian Social Union, Social Democratic SPD Party Past Chancellors Page 7  Created by Turbolearn AI Some notable past Chancellors of Germany include: Adenauer 1949 − 1963: Known for his solitary decision-making style. Erhard 1963 − 1966: Led Germany during a period of economic boom. Kiesinger 1966 − 1969: Faced challenges in making decisions due to a grand coalition. Brandt 1969 − 1974: Implemented Ostpolitik, a policy of reconciliation with Eastern European countries. Schmidt 1974 − 1982: Managed several crises, including terrorism and economic challenges. Kohl 1982 − 1998: Oversaw German reunification and included East German opinion in German politics. Schröder 1998 − 2005: Focused on media presence and communication. Merkel 2005 − 2021: Known for her personal prestige and leadership style. Scholz 2021 − present: Current Chancellor of Germany.## Decision Making in the German Government The German government is composed of three main actors that influence decision making: Parties Fractions partiesintheP arliament Government and ministries These actors interact through both formal and informal forms, including: Meetings between party leaders Negotiating groups for building coalitions Coalition committees and talks The functions of these informal arenas include: Making politically binding decisions in conflicting questions Settling disputes within the federal government Establishing laws and legislative programs The Bundestag The Bundestag F ederalP arliament is the main legislative body in Germany. Its structure includes: Page 8  Created by Turbolearn AI Members elected via a mixed electoral system directandproportionalrepresentation Committees and factions F raktionen for policy discussion and legislative drafting The main functions of the Bundestag are: Enacting federal laws Electing the Federal Chancellor Approving the federal budget Supervising the government and administration The term "Fraction Parliament" highlights the importance of parliamentary factions F raktionen, as members primarily act within their party groups. Party Discipline and Representation Fraktionsdisziplin refers to the expectation that members of factions will vote and act in alignment with their party's policies. Direct Mandate: A candidate wins directly in a constituency. List Mandate: Candidates are elected via party lists based on proportional representation. The 5% Threshold The 5% Threshold requires parties to secure at least 5% of the national vote or three direct mandates to enter the Bundestag. This has been subject to criticism for excluding smaller parties and limiting representation. Types of Parliamentary Questioning The following types of questioning occur in the Bundestag: Minor Interpellations KleineAnfragen Major Interpellations GrokeAnfragen Oral Questions MundlicheF ragen Question Hours F ragestunden The Federal President Page 9  Created by Turbolearn AI The Federal President Bundespräsident is the head of state, with a role that includes: Proposing, appointing, and dismissing the Chancellor and federal ministers Signing laws after formal examination Representing Germany internationally and ratifying treaties The Federal President is elected by the Federal Convention Bundesversammlung for a five-year term. Order of Precedence The order of precedence in Germany is as follows: Position Holder Federal President Frank-Walter Steinmeier President of the Bundestag Bärbel Bas Federal Chancellor Olaf Scholz President of the Bundesrat Anke Rehlinger President of the Federal Constitutional Court Stephan Harbarth The Federal Constitutional Court The Federal Constitutional Court Bundesverfassungsgericht has the following structure: Two Senates, each with eight judges Judges are elected by the Bundestag and Bundesrat with a two-thirds majority The core responsibilities of the Court include: Constitutional Complaints V erfassungsbeschwerden: Protecting citizens' fundamental rights Norm Control Normenkontrolle: Ensuring laws comply with the Basic Law Grundgesetz Functions of the Court The Federal Constitutional Court has several key functions: Page 10  Created by Turbolearn AI Control of Political and Social Actors: Ensuring that legislative and executive actions comply with the Basic Law Norm Control and Legal Adaptation: Restricting unconstitutional norms while adapting the legal system to align with the constitution Constitutional Adjustment: Updating, concretizing, and reinterpreting the constitution as necessary Integration: Providing legal certainty through authoritative interpretation, resolving conflicts, and maintaining the political process Legitimation: Highlighting the primacy of the constitution and addressing societal grievances Thematization: Setting the legal agenda and structuring discourse among politics, law, and society Intra-Constitutional Prerogatives: Acting as a substitute legislature when other institutions fail to act Communication: Bridging and translating discussions across politics, law, and society Criticism of the Court The Federal Constitutional Court has faced criticism for: Being perceived as a replacement lawmaker or hindrance to parliamentary processes Over-protecting individuals, sometimes at the cost of national security Occasionally facing public backlash for controversial rulings Despite this, the Court is widely respected as a non-political body. Norm Control Procedures The following procedures are used for norm control: Concrete Norm Control: Initiated by ordinary courts when a law is suspected to conflict with the Basic Law Abstract Norm Control: Initiated by federal/state governments or 25% of Bundestag members to verify a law's constitutionality Federal-State Disputes: Addresses constitutional conflicts between federal and state governments Party Bans: Declared when political parties act against the constitutional democratic order Page 11