Concept and Fundamentals of the Federal Convention
Die Federal Convention is a central constitutional body anchored in the German Constitution (Basic Law). It is a constitutional body that does not meet continuously, whose sole task is the election of the Federal President. The Federal Convention is the largest parliament in Germany, created exclusively for this purpose. The body unites members of the German Bundestag and an equal number of members appointed by the state parliaments of the federal states.
Composition and Formation of the Federal Convention
Members according to the Basic Law
According to Article 54 Section 3 of the Basic Law (GG), the Federal Convention consists of all members of the German Bundestag and an equal number of members elected by the representative bodies of the states. The composition of the members from the states is based on the principles of proportional representation according to the respective strength of the parties in the state parliaments. Thus, the members of the Federal Convention are equally federal parliamentarians and delegates appointed by the state parliaments.
Selection and Mandate of Delegates
The state parliaments elect the delegates for the Federal Convention. In addition to members of the state parliaments, public figures such as actors or scientists are often appointed. There are no legal restrictions regarding the individuals who may be elected.
Duties and Competencies of the Federal Convention
Election of the Federal President
The sole and exclusive task of the Federal Convention is the election of the Federal President of the Federal Republic of Germany. The Federal Convention convenes solely for this purpose (Art. 54 Sections 1, 4 GG). A convocation for other purposes is constitutionally excluded.
Procedure and Course of the Election
- Convocation: The President of the German Bundestag convenes the Federal Convention no later than 30 days before the expiration of the term of office of the incumbent Federal President, or, in the event of an early termination of their term, within 30 days (Art. 54 Section 4 GG).
- Chairperson: The President of the German Bundestag chairs the Federal Convention.
- Secret Ballot: The Federal President is elected by secret ballot without debate.
- Majority Requirements: A majority of the members of the Federal Convention is required in the first and second ballots. If this majority is not achieved, a relative majority of the votes cast suffices in the third ballot (Art. 54 Section 6 GG).
- Immediate Effect: Upon acceptance of the election by the elected candidate, the assembly ends.
Legal Bases of the Federal Convention
Constitutional Anchoring
The Federal Convention is regulated in Articles 54 and 55 of the Basic Law. Further details are specified in the Law on the Election of the Federal President (BPräsWahlG) and in the Rules of Procedure of the Federal Convention. The Federal Convention is neither a legislative nor an executive body and has no other competencies except for the election of the Federal President.
Rules of Procedure
For all elections to be conducted, the Federal Convention adopts its own rules of procedure. Where there are regulatory gaps, the provisions of the Rules of Procedure of the German Bundestag apply accordingly.
Legal Character and Status
The Federal Convention is a sui generis constitutional body. It is not part of a parliament or any other institution and has a strictly limited period of activity. Its existence always ends with the conclusion of the election.
Organizational Particularities
Venue and Conduct
The Federal Convention traditionally meets in the Reichstag building in Berlin but can convene at another location for justified reasons. In special circumstances (such as pandemics), the modalities of conduct can be adjusted.
Immunity and Indemnity
Members of the Federal Convention who are not members of the Bundestag enjoy special rights for the duration of their activity. They possess immunity and indemnity, regulated analogously to members of the Bundestag in accordance with Article 46 GG.
Legal Effects and Significance
Binding Effect and Contestation
The electoral acts of the Federal Convention are constitutionally binding. Once the election has taken place, a challenge is only possible within narrow procedural limits; there are strict requirements for subsequent review by the Federal Constitutional Court, notably in the event of serious violations of the constitution.
Historical Development
The Federal Convention was convened for the first time in 1949 and is based on a principle inherited from the Weimar Republic. Its composition and functioning follow democratic principles of Germany’s federal state organization.
Other Legal Aspects
Transparency and Publicity
The sessions of the Federal Convention are generally public. Media reporting is subject to the rules of procedure, aiming to ensure both transparency and proper conduct.
Exclusion of Other Competencies
The Federal Convention has no legislative or executive powers. It cannot pass a vote of no confidence, does not pass laws, and cannot form a government.
Summary
The Federal Convention is a constitutionally enshrined body created exclusively for the election of the Federal President of the Federal Republic of Germany. Its legal structure, composition, organization, and tasks are laid out clearly and conclusively in the Basic Law and supplementary legal provisions. The Federal Convention thus ensures a democratically legitimate and federal electoral procedure for the Head of State and symbolizes the federal structure of the German state.
Frequently Asked Questions
Who is entitled to participate in the Federal Convention, and how is the composition regulated in legal terms?
The legal basis for the composition of the Federal Convention is found in Article 54 of the Basic Law (GG). The Federal Convention consists of all members of the German Bundestag and an equal number of members elected by the representative bodies of the states. The respective state parliaments appoint these delegates according to the principles of proportional representation. It is not legally required that the state representatives be members of the state parliament; therefore, non-members, such as public figures, may also be appointed, provided they have the passive voting right for the Bundestag. The total number of members of the Federal Convention is variable and depends on the current size of the Bundestag. Multiple appointments of individuals, i.e., simultaneous membership as Bundestag and state representative, are not permitted. The election of state delegates must be conducted anew for each meeting of the Federal Convention.
Under what legal framework is the Federal Convention convened?
The convocation of the Federal Convention is regulated in Article 54 Section 3 GG. It is carried out by the President of the German Bundestag. The Federal Convention must convene at least 30 days before the term of office of the incumbent Federal President ends. In the case of premature termination of the Federal President’s office (such as resignation, death, or other legally relevant events), the convocation must take place within 30 days of this becoming known. The invitation to members must be sent early enough to allow for adequate preparation and arrival, and the effectiveness and legality of the convocation are ensured by strict formal requirements.
Which legal provisions are relevant for the procedure of the Federal Convention?
The procedure of the Federal Convention is governed by various laws and rules of procedure. The legal basis is, in particular, the Federal Elections Act (BWahlG) in conjunction with the Basic Law, as well as the rules of procedure adopted by the Federal Convention at the beginning of its session, which are usually based on the Rules of Procedure of the Bundestag but include special provisions, for example for the election procedure. The Federal President is elected in a secret ballot and without debate. The rules of procedure specify details regarding vote counting and disciplinary measures. In the event of disruptions, especially those endangering the regular conduct or lawfulness of the election, the President of the Federal Convention has far-reaching disciplinary powers. However, judicial review of disciplinary actions is legally limited.
What is the legal significance of the election of the Federal President within the Federal Convention?
The election of the Federal President by the Federal Convention is a legally binding constitutional act. It is reserved exclusively for the Federal Convention and must be conducted in secret according to Article 54 GG. An election result is valid if a candidate unites the absolute majority of votes of the members of the Federal Convention; if this does not occur in the first and second ballots, a relative majority suffices in the third round. The Federal Convention is not bound by instructions in its decisions and votes and meets as a separate constitutional body that convenes solely for the election. The election is constitutive for the office of the Federal President; only the acceptance of the election by the elected person, likewise before the Federal Convention, formally concludes the process.
Are parliamentary groups and party affiliations legally relevant in the Federal Convention?
Legally, parliamentary groups and party affiliations play no direct role in the Federal Convention, as it is not a parliamentary but an independent constitutional body convened solely for the election of the president (Article 54 GG). There are no formal parliamentary groups, and members are not bound by the instructions of parties or parliamentary groups. However, state parliaments usually elect their delegates in proportion to their party strength, which results in a de facto party-political composition. However, such party affiliation is not legally binding; instead, each member decides freely and independently.
What legal requirements exist regarding the public or non-public nature of the Federal Convention?
The sessions of the Federal Convention are, as a rule, not public by law. According to established practice, the public is largely excluded in order to ensure the independence and secrecy of the election of the Federal President. Media coverage is provided according to specific accreditation guidelines. This practice results less from an explicit legal provision than from constitutional protection of the election of the Head of State (Article 54 GG). Exceptions or special provisions may be found in the rules of procedure of the Federal Convention or in parliamentary resolutions, provided these do not conflict with the constitution.
What powers does the Federal Convention have beyond the election of the Federal President?
According to Article 54 GG, the Federal Convention is a constitutional body convened solely for the purpose of electing the Federal President. It has neither the right of initiative in other political matters nor any further duties or powers. After the conclusion of the election and the acceptance of the office by the elected person, the Federal Convention is closed by the President. No other competencies are provided for by law or constitution. Extending the agenda or passing resolutions on other topics is also legally inadmissible.
