Definition and significance of federal legislation
Die Federal legislation refers to all activities and procedures that lead to the creation, amendment, or repeal of laws at the federal level in Germany. It is a central component of the separation of powers and encompasses the competencies and legislative procedures established by the Constitution (Basic Law), carried out by the authorized bodies, notably the Bundestag, Bundesrat, and Federal Government.
Constitutional foundations
The Basic Law as legal foundation
The constitutional foundations of federal legislation are primarily established by the Basic Law (Grundgesetz, GG). The relevant regulations are mainly found in Articles 70 to 82 GG. The Basic Law determines the areas in which the federal government may legislative and specifies who is involved in the legislative process.
Legislative competence of the Federation
In accordance with Articles 70 ff. GG, legislative competence is divided between the Federation and the Länder (states). A distinction is made between exclusive and concurrent legislation:
- Exclusive legislation (Art. 71, 73 GG): Only the Federation may enact laws in certain subject areas (e.g., foreign policy, defense, currency).
- Concurrent legislation (Art. 72, 74 GG): Here, both the Federation and the Länder may act, but the Federation has priority if it exercises its legislative power.
The Federation thus holds sole or at least subordinate legislative authority in certain areas; in the remaining fields, the Länder have legislative sovereignty unless the Basic Law explicitly assigns the authority to the Federation.
Legislative bodies and their functions
Bundestag
Der German Bundestag is the central legislative body of the Federation. It deliberates, amends, adopts, or rejects legislative proposals. Detailed regulations concerning legislative procedure are found in Articles 76 ff. GG as well as in the Rules of Procedure of the Bundestag (GOBT).
Bundesrat
Der Bundesrat represents the federal states and is particularly involved in legislation when the interests of the Länder are affected. For many laws, the Bundesrat’s approval is required (“approval laws”); for others, it can only lodge an objection (“objection laws”).
Federal Government
The Federal Government has the right to introduce legislative initiatives to the Bundestag. It plays a leading role in drafting bills and coordinates their introduction into parliamentary proceedings.
Federal President
Der Federal President is responsible in the legislative procedure for signing and promulgating laws passed by the Bundestag and, if applicable, the Bundesrat. He examines the law’s formal constitutionality and subsequently promulgates it in the Federal Law Gazette.
Process of the federal legislative procedure
Initiation of the legislative procedure
The legislative procedure may be initiated by the Bundestag (at least 5% of members or a parliamentary group), the Bundesrat, or the Federal Government (Art. 76 para. 1 GG).
Deliberations in the Bundestag
As a rule, draft bills pass through three readings (“Lesungen”) in the Bundestag. The drafts are first discussed in general, then examined in detail (including possible amendments), and finally put to a vote.
Committee deliberations
Between readings, the bill is usually referred to the relevant specialist and budget committees for professional review and elaboration.
Involvement of the Bundesrat
After adoption by the Bundestag, the law is forwarded to the Bundesrat. Depending on the type of law (approval or objection law), the Bundesrat has different levels of participation.
Mediation Committee
If no agreement is reached between the Bundestag and Bundesrat, the Mediation Committee may be called upon (§ 77 GG). This committee consists of members from both bodies and seeks to work out a compromise proposal.
Signing and promulgation
After the legislative procedure is completed, the law is presented to the Federal President for signature. With his signature and subsequent publication in the Federal Law Gazette the law attains legal validity.
Types of federal laws
Ordinary and constitutional amending laws
- Ordinary federal laws: Amendments to or redefinition of legal matters within the scope of legislative competence.
- Constitutional amending laws: Amendments to the Basic Law itself, requiring a two-thirds majority in both the Bundestag and Bundesrat (Art. 79 GG).
Approval laws and objection laws
- Approval laws: Explicit approval of the Bundesrat is required (e.g., laws affecting the finances of the Länder).
- Objection laws: The Bundesrat may object, but this objection can be overridden by the Bundestag.
Legal effect and oversight of federal legislation
Entry into force and binding effect
Upon promulgation in the Federal Law Gazette, the federal law enters into force according to the prescribed deadlines. The provisions are binding on all recipients and take precedence over state law (Art. 31 GG: “Federal law overrides state law”).
Constitutional court review
Das Federal Constitutional Court reviews, upon request, the formal and substantive constitutionality of federal laws. Unconstitutional laws are declared void or ineffective.
Subsequent amendments and repeal
Federal laws may be amended or repealed at any time by subsequent federal legislation, provided the constitutional order is observed.
Overview of historical development
Federal legislation developed out of the historical context of German federalism. During the era of the German Empire and the Weimar Republic, legislation was centrally organized until the Basic Law in 1949 established a federal balance between the Federation and the Länder.
Federal legislation in the European Union
Due to Germany’s EU membership, there is an interaction between national federal legislation and the European legal framework. European law, through directives and regulations, can influence national legislation and, in certain cases, has immediate effect and primacy of application.
Literature and further sources
- Basic Law for the Federal Republic of Germany
- Rules of Procedure of the German Bundestag
- Federal Law Gazette (BGBl.)
- Decisions of the Federal Constitutional Court
With this comprehensive presentation, the article provides a detailed overview of all legal aspects of federal legislation in Germany, from constitutional foundations to European integration. The clear structure and depth of content provide a sound legal guide for interested parties.
Frequently asked questions
How does the ordinary federal legislative procedure work?
The ordinary federal legislative procedure usually begins with the introduction of a draft law into the German Bundestag by the Federal Government, the Bundesrat, or from within the Bundestag itself (at least 5% of the members or a parliamentary group). After introduction, the so-called first reading takes place in the Bundestag, during which the draft is discussed in principle. The draft is then referred to the relevant specialist committee for further consideration. There, the draft is discussed in detail; expert hearings may take place and amendments may be tabled. After the committee phase, a second reading is held in plenary, where the draft and amendments are discussed and decided on in detail. The third reading usually follows directly and is for the final discussion and vote on the overall result of the draft. After adoption by the Bundestag, the law is submitted to the Bundesrat for a vote. Depending on the type of law (approval or objection law), the Bundesrat may accept, reject, or call for the Mediation Committee. After Bundesrat approval, the law is signed by the Federal President and promulgated in the Federal Law Gazette, by which it usually comes into force.
What role does the Bundesrat play in federal legislation?
The Bundesrat represents the states at the federal level and is an essential body in the legislative process. It participates in all federal laws by either approving or lodging an objection. For approval laws, which particularly concern the interests of the Länder (e.g., in the area of finance or administration), the Bundesrat’s approval is mandatory. For objection laws, the Bundesrat may object, but this can be overridden by the Bundestag. The Bundesrat may also call for the Mediation Committee if it does not agree with a draft law. The participation of the Bundesrat serves the federal balance and ensures that the interests of the Länder are adequately considered in federal legislation.
What are the special features of approval laws in the federal legislative process?
Approval laws are those for which the constitution requires the explicit approval of the Bundesrat. The most important cases include laws that amend the Constitution (Basic Law), concern the finances of the Länder, or relate to the organization and procedures of federal and state authorities. Without the express approval of the Bundesrat, the law cannot enter into force. If the Bundesrat rejects such a law, it does not become law. If the Bundestag and Bundesrat cannot reach agreement, the Mediation Committee may be called in, and its result is put to a renewed vote. Through the approval requirement, the Bundesrat effectively has a veto, which is particularly important when Länder interests are affected.
How can an existing federal law be amended or repealed?
Amendments or repeals of existing federal laws follow the same legislative procedure as their original creation. For this, a new law is enacted that explicitly amends or repeals the previous law (so-called amendment or repeal law). This in turn requires the approval of the Bundestag and, depending on the type of law, the Bundesrat. Amendments to the Constitution (Basic Law) are only permitted with a two-thirds majority in both the Bundestag and Bundesrat (Art. 79 GG). The amendment or repeal law must be promulgated in the Federal Law Gazette to become effective.
What is the significance of the signing and promulgation of federal laws?
The signing of federal laws is the formal confirmation of the legislative process and is the responsibility of the Federal President. After parliamentary proceedings are complete, the Federal President examines the law, particularly regarding constitutional competence and correct procedure. By signing, he formally issues the law. The subsequent promulgation in the Federal Law Gazette makes the law generally binding and officially documents its wording. The law enters into force only upon promulgation, unless otherwise specified (§ 82 GG). Signing and promulgation are thus key prerequisites for the effectiveness of a federal law.
What controls are in place regarding the constitutionality of federal laws?
The verification of the compatibility of federal laws with the Basic Law is primarily the responsibility of the Federal Constitutional Court. Through abstract judicial review (§ 93 GG), the Federal Government, state governments, or a quarter of the members of the Bundestag can have a federal law examined for its constitutionality. Similarly, a court may refer a law to the Federal Constitutional Court in a concrete judicial review procedure if it is convinced of its unconstitutionality. Furthermore, every person may lodge a constitutional complaint if they are directly, personally, and currently affected by a federal law. If a law is found unconstitutional, the Federal Constitutional Court may declare it void or take alternative action.
What is the difference between formal and substantive federal legislative competence?
Formal federal legislative competence refers to whether the Federation is authorized to regulate certain matters by law. The Basic Law regulates these competences primarily in Articles 70 ff., distinguishing between exclusive and concurrent legislation. Substantive legislative competence refers to the content of the law and requires that the subject of regulation actually falls within the legislative areas assigned to the Federation. Exceeding competence leads to the unconstitutionality of a law, but this can be reviewed and, if necessary, annulled by the Federal Constitutional Court.
How is the relationship between federal and state laws regulated?
The relationship between federal and state laws is governed by Article 31 GG: “Federal law overrides state law.” This means that in case of conflict, federal law always takes precedence over conflicting state law. This applies regardless of whether the federal law is older or newer than the relevant state law. Conversely, state laws may not conflict with subject matters that are conclusively regulated by federal law (blocking effect). The principle of precedence for federal law ensures the uniformity of the legal system and prevents regional special provisions from undermining the nationwide effectiveness of federal laws.
