Term and Legal Status of Berlin
Berlin is the capital and an independent state of the Federal Republic of Germany. Legally, Berlin is a city-state, which, according to Article 1(2) of the Berlin Constitution, constitutes one of the 16 states of the Federal Republic. Berlin’s special nature results from its dual role as both a state and a municipality, with extensive sovereign rights of its own.
1. Constitutional Foundations
1.1. State Constitution
The legal basis of the state of Berlin is the Constitution of Berlin of September 1, 1950, as amended in the promulgation of March 22, 2005 (GVBl. p. 110). It regulates the principles of state organization, the powers of the House of Representatives, the Senate, the district assemblies, as well as the rights and duties of residents.
1.2. Classification under Federal Law
According to Article 20(1) of the Basic Law, Berlin is a constituent state of the Federal Republic of Germany. Unlike territorial states, Berlin is organized as a unitary municipality and represents both the functions of a state capital and those of a municipal corporation.
2. Structure and Administration
2.1. Dual Function: State and Municipality
On a legal level, Berlin unites both the role of a state administration and the duties of a municipal authority. This results in a special feature within the German legal system: bodies such as the Senate of Berlin perform both governmental functions at the state level and duties of city administration. Berlin’s districts are not independent regional authorities, but self-contained administrative units without their own legal personality (§ 1 District Administration Act).
2.2. State Law Institutions
- Berlin House of Representatives: Legislature responsible for state laws and government oversight
- Senate of Berlin: Executive, government body at the state level
- District Assemblies: Elected bodies for district administration
- Constitutional Court of the State of Berlin: Supreme court for reviewing constitutional violations at state level
3. Berlin under Federal Law and the Federal System
3.1. Bundesrat and Bundestag
Berlin sends representatives to the Bundesrat (votes of state governments) as well as elected members to the Bundestag (Article 51, Article 38 Basic Law). This guarantees Berlin’s equal participation in Germany’s federal system.
3.2. Federal Laws and Responsibilities
Like every other state, Berlin is bound by nationwide federal laws. Additionally, the House of Representatives and the Senate issue their own ordinances and laws, provided there is no conflicting federal law or exclusive federal jurisdiction.
4. Capital Function and Special Provisions
4.1. Capital Function Law
The Capital Function Act (HauptstadtFG), enacted on August 10, 1994, regulates the fulfillment of duties as the capital of the Federal Republic of Germany and the financial compensation for special burdens arising for the state of Berlin from its capital function.
4.2. Seat of Constitutional Bodies
According to Article 22 of the Basic Law, Berlin is the seat of the Bundestag and the Federal Government. Numerous federal ministries and supreme courts, as well as diplomatic missions of foreign states, are also based in Berlin. This results in special legal conditions for Berlin regarding rules, security, public order, and diplomatic traffic.
5. Legal Status of Berlin in International Relations
5.1. Allied Occupation Statute and Development of Sovereignty
Until the entry into force of the Two Plus Four Treaty in 1990, Berlin was subject to a special status due to its historical development. With reunification in 1990 and the entry into force of the Unification Treaty, Berlin was fully equalized with the other member states and has since enjoyed unrestricted sovereignty within the framework of the Basic Law.
5.2. Seat of International Organizations
In addition to national bodies, Berlin hosts international institutions (e.g., representations of the United Nations or the European Union), resulting in a wide range of additional international law obligations for the state of Berlin, particularly in diplomatic and consular law.
6. Districts and Administrative Structure
6.1. Legal Status of the Districts
Berlin’s 12 districts are not independent municipalities, but administrative districts forming parts of the unitary municipality of Berlin. District administrations perform local administrative duties but are accountable to the state of Berlin.
6.2. Self-Administration and Democratic Participation
District assemblies and district mayors are democratically legitimized, but have limited decision-making powers compared to city parliaments in other federal states.
7. Special Features in Taxation and Budget Law
7.1. Fiscal Equalization
Berlin is part of the German fiscal equalization system. Due to its capital status and comparatively high expenditure intensity, the state regularly receives allocations from the State Fiscal Equalization and according to the Capital Funding Act.
7.2. Special Features of Tax Law
Tax administration of state and federal taxes is carried out by Berlin’s tax offices, which also collect both state and municipal taxes. National regulations apply, but state-specific tax rates and reductions can apply within the scope of state law.
8. Public Law Framework Conditions
8.1. Police, Regulatory Law and Public Security
The State of Berlin is independently responsible for police administration, regulatory offenses, and security tasks. The legal basis is the General Safety and Order Act as well as the Berlin Police Act.
8.2. Public Service
Employees in the public service benefit from regulations that are based partly on state law (Berlin State Civil Servants Act, etc.) and partly on federal provisions. Special features concern, among others, remuneration as well as the scope and organization of public duties.
9. Judiciary and Judicial Organization
As a state, Berlin has its own courts of all instances, including the Constitutional Court, regional courts, local courts, and the Higher Administrative Court. The organization of the courts generally corresponds to the German standard, but Berlin’s population size and capital function mean that a large number of courts and judicial authorities are located there.
10. Summary
Berlin is a city-state with a unique legal status in Germany. The legal system is shaped largely by its dual role as state and municipality, its capital function, as well as by complex national and international law frameworks. Berlin’s integration into the federal structure of the Federal Republic guarantees an independent yet nationwide and international legal interconnection, which is reflected in its organization, administration, judiciary, and legislation.
Frequently Asked Questions
What registration obligations apply when moving within Berlin?
Anyone moving within Berlin is required by the Federal Registration Act (§ 17 BMG) to register at the relevant citizens’ office within two weeks after moving into the new residence. Registration can only be done in person or through authorized representatives. A valid ID document (identity card or passport) and a landlord’s confirmation must be presented. Late registration can result in a warning fine. Special rules apply for certain groups, such as minors or persons under care, regarding necessary documents. Deregistration is only required if leaving Berlin entirely. The registration confirmation should be kept, as it may be needed as proof for various authorities or contractual partners (e.g., bank, employer, motor vehicle registration office).
What special features apply to trade law in Berlin?
Anyone carrying out a self-employed, permit-required, or permit-exempt activity in Berlin must register this with the relevant district office (§ 14 GewO). For certain types of businesses (e.g., gastronomy, skilled crafts, brokerage activities), additional permits, proof, reliability checks and, in some cases, police clearance certificates are required. Business registration can be done electronically or on-site. After registration, notifications are sent to other authorities, such as the tax office, chamber of commerce and industry (IHK), or chamber of crafts (HWK), as well as the occupational accident insurance fund. Regulatory authorities regularly check compliance with regulations, for example regarding labor law, youth protection, and hygiene standards.
What legal requirements apply to property rental in Berlin?
Landlords must demonstrate a legitimate interest for terminations (§ 573 BGB) and, when concluding rental agreements, comply with the rent control provisions (according to § 556d BGB, fully applicable in Berlin). The landlord is obligated to issue the tenant with a certificate of residence and must comply with requirements regarding operating cost statements and rent increase demands. For conversion of rental apartments into owner-occupied dwellings, so-called milieu protection areas (conservation statutes according to § 172 BauGB) exist in many Berlin districts, requiring permits and imposing restrictions to protect tenants’ rights. Furthermore, the Act on the Prohibition of Misuse of Housing (ZwVbG Bln) applies, which strictly regulates short-term rentals (e.g., via online platforms like Airbnb) and the conversion of residential into commercial property, imposing severe fines for violations.
How is school law regulated in Berlin?
The school system in Berlin is governed by the Berlin School Act (SchulG Bln), which regulates compulsory schooling, the organization of schools, participation rights of parents and students, and the rights and duties of teachers. Compulsory schooling usually begins at the age of six and lasts for at least ten years (§ 41 SchulG Bln). There are both public and private, as well as international schools, with various recognition and permit procedures applying to private schools. The State of Berlin offers various types of schools (e.g., primary school, general secondary school, grammar school, vocational schools). Children with special educational needs are entitled to inclusive education or to attend special schools. Legal disputes between parents and schools are decided by the Berlin Administrative Court.
What rules apply to the right of assembly in Berlin?
The right of assembly for the State of Berlin is governed by the Freedom of Assembly Act (VersFG Bln). Public assemblies in the open air must be registered with the assembly authority (Berlin Police) at least 48 hours before they are announced. Spontaneous assemblies are exempt from the registration obligation, but not from other legal requirements such as preventing the disturbance of public peace or ensuring traffic safety. The police can impose conditions for danger prevention (e.g., route change, participant restrictions) or dissolve the assembly in case of imminent danger. For assemblies in enclosed spaces, notification is only recommended for coordination purposes. Failure to comply with legal requirements is regularly considered a regulatory offense or criminal act.
Are there special regulations for the protection of monuments in Berlin?
The protection of monuments in Berlin is governed by the Berlin Monuments Protection Act (DSchG Bln). Any changes, repairs or changes of use to a protected monument require a monument law permit from the State Monuments Office. Owners are obliged to maintain their monuments within reasonable economic limits. Certain measures, such as maintenance work or interior alterations, are exempt from a permit provided they do not affect the exterior appearance or monument value. The public authorities may grant funding for preservation measures. Violations of monument protection regulations can be prosecuted as regulatory offenses or criminal acts and usually result in costs for restoring the original condition.
What regulations exist regarding dog ownership in Berlin?
Dog ownership is governed by the Berlin Dog Law (Hundegesetz Bln) and municipal regulations (dog ordinance, leash requirement, muzzle obligation). Dogs must in principle be registered with the relevant tax office from the age of three months and a dog tax must be paid. In certain public areas (e.g., parks, pedestrian zones, public transport), a leash is required, and for so-called “dangerous dogs”, a muzzle is also mandatory. The conditions of keeping, especially for dog breeds classified as dangerous, are strictly regulated. In addition, liability insurance is mandatory. Violations can result in fines; in cases of repeated or particularly serious violations, the dog may be confiscated.
