Concept and Legal Foundations of the Federal City
The Concept Federal City designates in German constitutional law a city that is assigned a special political function in federal administration by law. The most well-known and currently only Federal City in Germany is Bonn. The legal status, tasks, and characteristics of the Federal City are regulated by specific laws and administrative regulations. In federal states, the designation may be interpreted differently, but in German-speaking countries it primarily refers to Bonn and the associated federal functions.
Origin and Development of the Concept
Historical Classification
The title “Federal City” was officially introduced in Germany after the adoption of the so-called Berlin/Bonn Act in 1994, which, in the course of German reunification, re-regulated matters concerning the Federal City of Bonn. The aim was to define Bonn’s role after the relocation of parliament and government to Berlin.
Legal Definition
The statutory definition of the term was established in Article 2 Section 1 Sentence 2 of the Berlin/Bonn Act (Act to Implement the Decision of the German Bundestag to Complete the Unity of Germany of April 26, 1994, Federal Law Gazette I p. 918):
“The Federal City of Bonn, as the location of parts of the Federal Government and other federal authorities, has a special federal political function.”
Federal City in German Law
Berlin/Bonn Act as the Central Legal Basis
Das Berlin/Bonn Act specifically regulates:
- The allocation of the seats of supreme federal authorities between Berlin and Bonn
- The preservation of federal institutions in Bonn as well as the sustainable development of the city and the region
- The financing of compensatory measures for maintaining municipal and regional infrastructure
Important Sections and Contents:
- § 1 Official Locations: Specifies which Federal Ministries have their first or second official seat in Bonn.
- § 2 Federal City of Bonn: Defines Bonn as the Federal City and regulates associated measures and funding.
- § 4 Compensatory Measures: Determines compensatory payments and investments in the region.
Functional Tasks of the Federal City
Bonn legally continues to function as the second official seat of various federal ministries (e.g., Defense, Environment, Education and Research). Numerous federal authorities, corporations, and international organizations also remain based there.
Financial and Structural Impacts
The law stipulates financial grants and commitments from the federal government to compensate for the disadvantages resulting from the loss of government functions. This is done, for example, through investments in science, infrastructure, and international institutions.
Legal Position in Federalism
Difference from the Capital City Status
The term Federal City is not synonymous with a capital city. While Berlin has been the German capital since 1991 according to the Basic Law (Art. 22 Sec. 1 GG), the Federal City marks an independent administrative status—without capital function but with politically relevant federal tasks.
Administration and Federal Supervision
Certain public corporations and institutions of the federal government are, according to the Berlin/Bonn Act, permanently to be maintained in Bonn. This provides the city with a secure status as an administrative location at the federal level. Measures are subject to parliamentary oversight and are guided by the provisions of the federal legislature.
Comparison with Other Federal States
International Use of the Term
In other federal states, such as Switzerland, the term Federal City is also used (e.g., Bern). However, the criteria and legal implications differ fundamentally according to each country’s constitutional and administrative traditions.
Summary and Legal Significance
The legal concept of the Federal City in Germany is based on the Berlin/Bonn Act. Through this status, the city of Bonn continues to play a significant role in federal law, politics, and administrative organization. The statutory regulations ensure that Bonn permanently assumes specific federal tasks and receives corresponding compensatory and funding measures. Therefore, the Federal City represents a unique instrument in the German legal system for managing and safeguarding federal location interests.
Further Legal Sources:
- Berlin/Bonn Act (Federal Law Gazette I p. 918)
- Basic Law for the Federal Republic of Germany (in particular Art. 22 Sec. 1 GG)
Related terms:
- Capital City
- Secondary Official Seat
- Federal Authority
- Administrative Seat
Frequently Asked Questions
What legal foundations regulate the status of the Federal City?
The legal foundations for the status of the Federal City arise primarily from the Basic Law for the Federal Republic of Germany (GG), as well as from supplementary federal laws and administrative agreements. One of the key legal bases is Article 22 GG, which designates Berlin as the capital of the Federal Republic of Germany. The term ‘Federal City’ on the other hand is further defined in the Act on Bonn as a Federal City (the so-called ‘Berlin/Bonn Act’ of April 26, 1994, Federal Law Gazette I p. 918), which regulates the structure and scope of Bonn’s federal political functions after reunification. Other relevant legal sources include the municipal constitutions at the state level, such as the North Rhine-Westphalian Municipal Code, which leaves Bonn’s municipal administrative competencies as a city unaffected. Overall, the federal city status is thus determined by both federal and state legal regulations, which specify a special role and function in the national context.
What special rights and obligations does a Federal City have from a legal perspective?
Federal Cities occupy a specific position in the federal structure of Germany and are endowed with both special rights and special obligations. Among the rights are, for instance, the institutionalized participation in federal political decision-making processes, mainly through the hosting of federal institutions, ministries, and authorities. The obligations include providing the necessary infrastructure and compliance with federal requirements regarding the accommodation and support of federal institutions. In the case of Bonn, specific obligations arise from the Berlin/Bonn Act, which specifies which federal ministries, with which personnel resources, must be represented in Bonn and which land uses are to be secured by federal facilities. In addition, the Federal City has a special responsibility with respect to representation and hosting of events, especially for official major events of the federal government.
How is the status of the Federal City legally monitored and enforced?
The monitoring and enforcement of the status as Federal City is coordinated by various state levels. On the federal level, it is overseen by the Federal Ministry of the Interior and Community (BMI), which reviews the implementation of the Berlin/Bonn Act and reports regularly to the Bundestag. At the state law level, supervision is the responsibility of the respective state governments and their local supervisory authorities, which ensure compliance with local law provisions. Violations of federal requirements can legally be brought before the Federal Constitutional Court through a federal-state dispute, for example. In addition, the Berlin/Bonn Act regulates oversight and reporting obligations under which the Federal Government must regularly report to the Bundestag on the status of implementation.
What financial regulations apply to a Federal City within the scope of its federal political function?
Within the scope of its federal political function, the Federal City benefits from specific financial regulations, which are laid down in the Berlin/Bonn Act in particular. Accordingly, the city of Bonn receives financial resources as compensation for moving the seat of government to Berlin, in the form of structural funding programs and funding measures, to ensure regional balance and the settlement of further federal institutions (especially according to § 4 and § 5 Berlin/Bonn Act). In addition, fiscal transfers are made for investments in infrastructure, science, and international institutions. The allocations are regularly tied to reporting obligations, which the city of Bonn is required to meet, and are subject to parliamentary oversight by the Budget Committee of the German Bundestag.
What legal requirements exist regarding the siting of ministries and federal authorities in a Federal City?
For Federal Cities, there are special provisions under federal law regarding the siting of ministries and federal authorities, which are detailed in the Berlin/Bonn Act. Section 4(1) of this law regulates the allocation of individual federal ministries and stipulates that a significant part of the federal administration remains based in Bonn; this includes, for example, the Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection, as well as other authorities and federal institutions. The respective distribution of responsibilities is continually adjusted by cabinet decisions and administrative orders and is also subject to federalist coordination. It is essential that the siting is legally secured and that construction and planning regulations are observed, which are governed by specific federal law acts and municipal land use plans.
How do the legal regulations governing the Federal City differ from those of the capital city?
The Federal City and the capital city are subject to partly different legal regulations. While Berlin, through Article 22 GG as well as the Capital City Law, has explicit priority as the seat of parliament and government, the status of the Federal City of Bonn is regulated by the Berlin/Bonn Act, which establishes a shared responsibility of the federal government for both locations. For the capital city Berlin, there are also special federal legal provisions, such as capital city funding and safeguarding of the diplomatic corps as well as the constitutional organs. In contrast, the Federal City primarily follows the provisions on distribution of responsibilities, structural funding, and representation duties, but without hosting international law functions or constitutional organs. Legal disputes arising from the respective status of the cities are decided according to the relevant constitutional and administrative law provisions.
What role do state laws play in the specific structuring of the legal status of a Federal City?
State laws play a subsidiary but significant role in shaping the legal status of a Federal City. While the essential federal political functions and obligations are governed by federal laws, in particular the Berlin/Bonn Act, municipal constitutional structures such as the city council, mayoral elections, and local self-government remain subject to state law. North Rhine-Westphalian municipal law (especially GO NRW) determines the internal organization and responsibilities of the city of Bonn, independent of its function as a Federal City. State planning law can additionally prescribe requirements for land use and special zones for federal institutions. Coordination between both levels takes place via state treaties and administrative regulations to avoid conflicts between state and federal legal rules.
