12 Dec Who Makes the Laws in Germany
(1) The administration of the Bundeswehr shall be managed as a federal administrative authority with its own administrative structure. It is responsible for personnel matters and is directly responsible for meeting the supply needs of the armed forces. Tasks related to the care of injured persons or construction services may only be transferred to the Bundeswehr administration by federal law, which requires the consent of the Bundesrat. This consent is also required for laws insofar as they allow the Federal Defence Administration to interfere with the rights of third parties; However, this requirement does not apply to staff rights. (2) Federal laws adopted with the consent of the Bundesrat shall determine the common tasks and modalities of coordination. 2. Laws adopted by the Joint Committee and acts adopted pursuant thereto shall cease to have effect not later than six months after the end of the defence. In the case of draft laws against which the Bundesrat may object, the Bundestag may bring a law into force even if no agreement has been reached in the mediation committee. However, this requires another vote, in which the Bundestag adopts the bill by an absolute majority. German laws are enacted by both houses of the country`s parliament.
The Bundestag is therefore the most important legislative body. It decides on all laws falling within the competence of the German Confederation in a legislative procedure which also requires the participation of the Bundesrat. (1) If a Land fails to fulfil its obligations under this Basic Law or other federal laws, the Federal Government may, with the consent of the Bundesrat, take the necessary measures to compel the Land to fulfil its tasks. Federal laws in these areas shall enter into force no earlier than six months after their promulgation, unless otherwise provided by the Bundesrat. As regards the relationship between federal law and the law of the Länder, the latest law promulgated prevails for matters falling within the scope of the first sentence. “I swear to work for the good of the German people, to promote their welfare, to protect them from evil, to uphold and defend the Basic Law and the laws of the Federation, to fulfill my duties conscientiously and to do justice to all. So help me God. Prussia strove in the 18th century to introduce a completely new body of law with the general land law for the Prussian states, a codification system that contained laws relating to all legal divisions, which had a great influence on later work. (1) From the first session of the Bundestag, laws may be adopted only by the legislative bodies recognized by this Basic Law. (2) The Federation may, at their request and with the consent of the highest authority in the Land, authorize a limited number of municipalities and associations of municipalities to perform only the tasks referred to in subsection (1). In this case, the Confederation shall bear the necessary expenses, including administrative costs, for the tasks to be carried out by it in implementing the laws referred to in paragraph 1.
(3) Insofar as statutory provisions within the meaning of paragraphs 1 and 2 permit the amendment or addition of the provisions themselves or the enactment of the force of law, this authorization shall be deemed to have lapsed. (1) Ownership and the right of succession are guaranteed. Their content and limits shall be determined by law. (4) To the extent and to the extent that the application of tax legislation is thus significantly facilitated or improved, a federal law requiring the approval of the Bundesrat may provide for cooperation between the tax authorities of the Federation and the Länder in matters of tax administration, the administration of the taxes referred to in paragraph 1 by the tax authorities of the Länder or the administration of other taxes by the federal tax authorities. The tasks of the Länder tax administration with regard to the administration of taxes, the proceeds of which accrue exclusively to the municipalities (associations of municipalities) may be delegated by the Länder in whole or in part to the municipalities (associations of municipalities). The federal law referred to in sentence 1 of this paragraph may provide for cooperation between the Federation and the Länder according to which, with the consent of a majority determined by law, the provisions relating to the enforcement of tax laws become binding on all Länder. (1) The Federation shall have the right to adopt laws simultaneously in the event of a state of defence, even in matters falling within the legislative competence of the Länder. Such laws require the approval of the Bundesrat. (2) These rights are limited by the provisions of general laws, by the provisions relating to the protection of minors and by the right to personal honour. The Federal President plays a role in the political system, in particular in the formation of a new government and the dissolution of the Bundestag. This role is usually nominal, but can be important in times of political instability.
In addition, a Federal President, together with the Bundesrat, can support the government in the event of a “legislative emergency” in order to allow the implementation of laws against the will of the Bundestag (Article 81 GG). So far, however, the federal president has never had to make use of these “reserve powers.” The executive can act on the basis of the German Civil Code (BGB). However, if a government agency acts on the basis of the Civil Code (e.g. buys a pencil), that body is bound by the Basic Law (and other laws) to prevent unequal treatment of citizens and businesses. (4) Federal laws which oblige the Länder to grant financial advantages, benefits in kind or comparable advantages to third parties and which are implemented by the Länder on their own initiative or in accordance with sentence 2 of paragraph 3 on behalf of the Federation shall require the consent of the Bundesrat for the resulting expenditure to be borne by the Länder. (4) In so far as the governments of the Länder are empowered by federal laws or on the basis thereof to enact legal acts, the Länder are also empowered to regulate the matter by means of legislation. As a rule, bills are debated three times in the plenary of the Bundestag. These debates are called readings. (3) According to general criminal law, no one may be punished more than once for the same act. The Länder shall apply federal laws themselves, unless this Basic Law provides or permits otherwise. The democratic state of West Germany was built on existing law. Most of the legislative changes of National Socialism were reversed, especially those with an ethical and criminal content.
What was new was the way the constitution was treated. This constitution was intended to avoid the errors of the Weimar Constitution. With the reunification of the two states, West German law was largely put into force. A relatively recent development is the influence of European law, which aims to harmonize laws in the different states of the European Union, so that many legal developments are taken out of the hands of the federal government and decided in Brussels, where Germany, together with the other members, has its own influence on the process. German law is still heavily influenced by federalism, and each country has its own competences and specific laws that may be considered ineffective, but allow for regional differences and promote meaningful regional democratic accountability. The German legal tradition, in turn, has influenced many other countries. To name but a few: the legal systems of Japan, the Republic of Korea (South Korea), the United States of America and the Republic of China (Taiwan) are partly based on German law. [ref. needed] For some draft laws, the approval of the Bundesrat is a mandatory precondition. These are, for example, legal acts concerning the finances and administrative powers of the Länder. (2) Searches may be authorized only by a judge or, if time is of the essence, by other authorities designated by law and carried out only in the manner prescribed by law. (5) With regard to the enforcement of federal laws, the Federal Government may be empowered by federal law to issue instructions in certain cases with the consent of the Bundesrat.
They must be addressed to the highest authorities of the Land, unless the Federal Government deems the matter urgent. (3) Federal tax laws the proceeds of which accrue in whole or in part to the Länder or municipalities (associations of municipalities) require the approval of the Bundesrat. (1) Legislation that increases budgetary expenditures proposed by the Federal Government or that results or will result in new expenditures shall require the approval of the Federal Government. This requirement also applies to laws that result or will result in lower revenues. The Federal Government may ask the Bundestag to postpone its vote on the corresponding bills. In this case, the Federal Government submits its declaration to the Bundestag within six weeks. This particular issue occupies much of the court`s work and often reshapes the legal process itself when the court finds that a particular law actually interferes with citizens` rights. The decisions of other courts are modified only with regard to constitutional violations. Other errors are irrelevant.
Here, too, European law has some influence, because the Fundamental Law is no longer the sole source of law, but is supplemented by the Treaties and laws of the European Union.