Legal Encyclopedia: Bremen – Definition, Legal Status, and Legal Significance
Definition and Historical Development
In a legal context, Bremen primarily refers to the Free Hanseatic City of Bremen, a state of the Federal Republic of Germany. The term includes both the federal state as a political entity as well as the independent city of Bremen of the same name, and the city of Bremerhaven, which is also part of the federal state. Bremen’s historical development into an independent state is crucial to understanding its current legal situation. The origins date back to the Middle Ages, when Bremen was a member of the Hanseatic League and, as a Free Imperial City, held a special status within the Holy Roman Empire.
Following the Peace of Westphalia in 1648, Bremen was largely able to maintain its independence. With the founding of the German Empire in 1871, Bremen—like Hamburg and Lübeck—was incorporated as a city-state with its own state law. After the Second World War, Bremen was reestablished as one of the smaller federal states of the Federal Republic of Germany.
Constitutional Status within the Federal System of the Federal Republic of Germany
State of Bremen
In accordance with Articles 20 and 28 of the Basic Law, the Free Hanseatic City of Bremen is one of the 16 federal states of the Federal Republic of Germany. It possesses its own state parliament, the Bremische Bürgerschaft, its own government, the Senate, and its own constitution, the “State Constitution of the Free Hanseatic City of Bremen” dated October 21, 1947 (Bremen Constitution).
A characteristic feature of Bremen is its constitutional peculiarity of consisting of two geographically separate cities: the City of Bremen and the City of Bremerhaven. Each city is municipally autonomous but together constitutes the State of Bremen within the federal system.
Constitutional Foundations
The Bremen Constitution governs the fundamental principles of state organization, the functions of the Parliament and the Senate, the fundamental rights of citizens, electoral law, and the status of the two cities within the federal state. Parts of it are superseded by higher-ranking federal law, especially the Basic Law and the Federal Constitutional Court Act.
Organizational and Legal Structure
City of Bremen
The City of Bremen is an independent city and also serves as the seat of the state government. It has its own municipal constitution in accordance with the Bremen state constitution, as well as elected bodies: the municipal parliament and the magistrate as the administrative body.
City of Bremerhaven
Bremerhaven is a city located outside the territory of the City of Bremen, but is integrated into the municipal self-administration of the State of Bremen. It has its own municipal constitution and its own bodies: the city council and the magistrate.
State Affiliation and State Law
The state laws of the Free Hanseatic City of Bremen apply to the entire territory of the state, that is, to the cities of Bremen and Bremerhaven. Municipal regulations, for example regarding administrative structure or public services, may be designed differently in each of the two communities.
Territory, Administrative Structure, and Citizenship
Territory
The German federal state of Bremen consists of two geographically separate parts: the territory of the City of Bremen and the city area of Bremerhaven. There is no joint administrative unit between the two; the territorial connection exists only on a constitutional level within the state.
Administrative Structure
Within the State of Bremen, there are two largely independent municipalities, each with its own municipal administration. Their organizational structures and responsibilities arise from Bremen’s state law, the state’s municipal constitutional law, and federal legal requirements.
State Citizenship
With German citizenship, every resident of Bremen is a citizen of the state in terms of state law. Provisions on civil rights, voting rights, and the use of state services are governed by the state constitution and its implementing laws.
Particularities in State and Administrative Law
Bundesrat and Voting Weight
The Free Hanseatic City of Bremen, as the smallest state, has one of the lowest voting weights in the Bundesrat and is represented there by three delegates in accordance with federal requirements.
Legislative Authority
Bremen has the authority to legislate on state matters, provided the Basic Law does not confer exclusive legislative power on the federal government. Important areas include education law, municipal law, police and regulatory law, and state-level fiscal and budget law.
Judiciary
Bremen maintains its own courts for civil, criminal, and administrative jurisdiction, including the State Labor Court of Bremen-Bremerhaven and the Hanseatic Higher Regional Court of Bremen. Court organization follows the provisions of the Courts Constitution Act and state legislation.
Economic, Tax, and Social Special Provisions
Harbor Law and Economic Law
Both historically and currently, the maritime economy plays a central role. Accordingly, special provisions exist in Bremen and Bremerhaven regarding port operations, maritime law, and logistics law. These are based on state legislation or special statutory provisions that take into account their status as seaports.
Tax Administration
The tax administration of the State of Bremen is regulated under state law, as far as federal regulations such as the Fiscal Code or the Income Tax Act allow. The Bremen state tax authority coordinates tax collection throughout the federal state.
Social Law
Some social law responsibilities rest with the state (such as public youth and social welfare, under Book XII of the Social Code), but are mostly fulfilled according to federal law.
Police, Public Security, and Municipal Law
Police Organization
The State of Bremen has its own police force, Polizei Bremen, with organizations in Bremen and a separate service office in Bremerhaven. The Bremen Police Act regulates duties, powers, and structure.
Municipal Law Special Position
There are unique features under Bremen’s municipal constitutional law, for instance regarding the establishment of city parliaments, the composition of magistrates, or the administrative segmentation of neighborhoods and districts.
Summary of Legal Significance
Legally, the term Bremen encompasses a multitude of state and municipal entities and regulations. As a state, the Free Hanseatic City of Bremen forms an independent legal entity with significant autonomy in legislation and administration. Its dual structure—City of Bremen and City of Bremerhaven—creates a complex framework of responsibilities and legal relationships. Federal constitutional law, state law, administrative law, municipal law, and special commercial and port regulations all shape the comprehensive legal classification of the term Bremen within the German legal order.
Frequently Asked Questions
What are the legal particularities of the State of Bremen within German federalism?
Although Bremen is the smallest state in Germany, as a city-state it enjoys the same constitutional rights and obligations as all other federal states within the German federal system. Bremen has its own state constitution, a state parliament (the Bremische Bürgerschaft), and its own state government (Senate). A legal peculiarity is that Bremen consists of two geographically separate cities—the City of Bremen and Bremerhaven. This is unique within Germany and results in special regulations regarding administrative competences and jurisdiction, for example in police administration or the education system. Furthermore, Bremen is represented in the Bundesrat with voting rights, although internal agreements between Bremen and Bremerhaven are required regarding the exercise of those votes.
What legal provisions apply to double-entry bookkeeping in the State of Bremen?
The State of Bremen was one of the first federal states to make double-entry bookkeeping according to commercial principles mandatory for municipalities (including both cameralistic and double-entry budgeting in the sense of the New Municipal Financial Management – NKF). This was established by law in the Bremen Budget Act. The double-entry method requires that all income and expenses be recorded on an accrual basis (in accordance with the performance principle and not cash flow), thus providing greater transparency regarding the asset, financial and income situation. There are also detailed requirements regarding financial statement preparation, asset valuation, and the recognition of provisions, for example for pension obligations in the state public sector.
What special provisions apply to migration and integration law in Bremen?
To implement and supplement federal requirements (notably the Residence Act and the Federal Integration Act), Bremen has enacted its own state integration law. This law sets out specific objectives and measures for the integration and participation of people with a migration background, such as state funding programs, counseling services, and special rules for integration advisory councils at the municipal level. It also regulates cooperation between state authorities, municipalities, and civil society actors in the field of migration and integration. In addition, Bremen provides for specific quotas and requirements for housing refugees, which are regularly updated by internal state regulations.
How is data protection regulated by law in Bremen?
Data protection in the State of Bremen is ensured by the Bremen Data Protection Act (BremDSG), which supplements or specifies the General Data Protection Regulation (GDPR). The BremDSG contains special provisions for the processing of personal data by public authorities of the state and the appointment of data protection officers in state authorities, schools, and other public institutions. The Bremen State Commissioner for Data Protection and Freedom of Information is responsible for supervision and advice in matters of data protection and operates independently. Violations of the BremDSG may result in sanctions, warnings, and fines, often accompanied in practice by internal disciplinary measures. Special features of Bremen data protection law include deviating rules for video surveillance in public spaces and data-friendly information processing within the administration.
What are the special features of Bremen’s State Law on Employee Representation?
The Bremen State Personnel Representation Act (BremPersVG) regulates the participation and co-determination rights of staff councils (Personalräte) in state and municipal agencies of Bremen and Bremerhaven. A unique aspect in Bremen is the low thresholds for establishing staff councils, making it possible for even small departments to elect a council. The BremPersVG also contains special provisions for youth and trainee representation and particular obligations for employers, especially regarding digitalization of administrative processes and issues of health management. The law differentiates between rights of participation, co-determination, and consultation, making the regulatory framework for employee involvement particularly detailed.
What is the legal situation regarding Sunday openings and shop closing times in Bremen?
The Bremen Shop Opening Hours Act (BremLadÖffG) regulates shop opening times in the state. Generally, shops in Bremen may open from Monday to Saturday from midnight to midnight. Shop opening on Sundays and public holidays is generally prohibited, but exceptions are provided for certain public events (including four Sunday openings per year) and emergency sales outlets (e.g., pharmacies, fuel stations, bakeries for limited hours). The law is regularly subject to administrative court review, especially regarding its compatibility with the constitutional protection of Sundays and public holidays.
What special provisions exist in Bremen’s School Act, particularly regarding inclusion?
The Bremen School Act (BremSchulG) stands out legally in that it explicitly and comprehensively provides for inclusion. Bremen was one of the first federal states to commit to implementing inclusive education statewide. It is stipulated by law that children with and without special educational needs are to be taught together wherever possible in all types of schools. The law specifies responsibilities, resource allocation, and support measures (for example, the use of school companions and special education staff). In particular, the rights of parents to participate and appeal have been strengthened, and individual support plans have been made mandatory.
How is environmental and climate protection law implemented in Bremen?
Bremen has a wide range of state-specific environmental and climate protection laws that supplement and tighten existing federal laws such as the Federal Immission Control Act and the Federal Climate Protection Act. Notable is the Bremen Climate Protection and Energy Act, which sets concrete targets for reducing greenhouse gases, support systems for renewable energy, and energy efficiency requirements for public buildings. There are binding climate action plans for companies above certain thresholds, as well as numerous obligations for public entities to comply with environmental standards in construction and renovation. The law also grants the parliament broad powers to enact regulations and requires all city municipalities to develop and regularly evaluate their own climate protection concepts.
