Principle of Discontinuity: Definition and Relevance in the Legal System
Concept and Significance of the Principle of Discontinuity
Der Principle of Discontinuity is a fundamental principle in German parliamentary law. It stipulates that, with the end of a parliamentary term, all pending parliamentary matters—such as legislative initiatives, motions, or committee reports—are deemed completed and are not automatically carried over to the next legislative period. This principle thus ensures that the work of a parliament is temporally limited to its respective legislative term.
Legal Sources and Codification
The principle of discontinuity is not explicitly anchored in the Basic Law but arises from parliamentary practice and the rules of procedure of parliaments, in particular the Rules of Procedure of the German Bundestag (GO-BT). For example, Section 125(1) GO-BT stipulates that pending submissions are considered completed at the end of the legislative period.
In addition, the principle is also implemented in the law of state parliaments through corresponding provisions in their respective rules of procedure.
Scope of Application of the Principle of Discontinuity
Legislative Procedures
The principle of discontinuity primarily affects the legislative process. If a legislative period ends, all legislative proposals and matters under consideration in the Bundestag and its committees that have not yet been concluded are deemed completed. This applies regardless of the stage of processing the proposal is in.
Exception: Right of Initiative of the Federal Government and the Bundesrat
The principle of discontinuity does not apply to bills from the Federal Government that have been submitted to the Bundestag, nor to any laws referred back from the Bundesrat, provided that the new Federal Government or the Bundesrat decide to resume the proceedings. However, a resubmission is typically required.
Other Areas of Application
In addition to legislative initiatives, other parliamentary initiatives—such as minor interpellations, motions, petitions, or committee reports—are also formally completed at the end of a legislative period. The same applies to review procedures in certain parliamentary oversight or investigative committees.
Investigative Committees
According to Article 44 of the Basic Law and the relevant procedural rules, investigative committees end with the expiry of the legislative period. Findings and results thus lose any further effect unless they have already been published or completed.
Legal Consequences of the Principle of Discontinuity
Automatic Completion
The main consequence of the principle of discontinuity is the termination of all pending parliamentary proceedings at the time a new parliament convenes. This means that all parliamentary work not completed comes to nothing and must be addressed anew.
Reconsideration in a New Legislative Period
If a topic is deemed to remain relevant, motions, draft laws, or other initiatives must be reintroduced in the new legislative period. This can be done either in identical wording or in a revised form. There is no automatic continuation.
Deviating Provisions
In individual cases, parliamentary rules of procedure may provide for exceptions. For example, it is possible to continue the work of an investigative committee by resolution in the new legislative period. Such provisions, however, are exceptions and are clearly defined normatively in the respective context.
Function and Purpose of the Principle of Discontinuity
Democratic Legitimacy
The principle primarily serves to ensure the democratic legitimacy of parliamentary work. With the election of a new parliament, its members receive a new mandate and should not be bound by the decisions or pending matters of the previous legislative term.
Legal Certainty and Transparency
The principle of discontinuity creates legal certainty and transparency by drawing a clear line between the working periods of parliaments. Citizens and public authorities alike can rely on the fact that after the end of a legislative period, no outstanding parliamentary activity from the previous term persists.
Critique and Reform Approaches
Loss of Efficiency
The principle of discontinuity is not undisputed in terms of the efficiency of parliamentary work. As a result of the principle, numerous often well-advanced legislative projects or parliamentary initiatives lapse at the end of a legislative period, with the effect that the workload of the representatives is partly devalued. Reform proposals aimed at allowing certain parliamentary initiatives to be carried over into the new legislative period without formal reintroduction have been discussed in the past, but have not yet prevailed.
Comparison with International Legal Systems
Internationally, similar regulations exist, for example, in British and American parliamentary law. The German principle of discontinuity, however, is characterized by its comprehensive application and strictness.
Summary
The principle of discontinuity is a central tenet of German parliamentary law with far-reaching consequences for legislative procedures and other parliamentary initiatives. It ensures the democratic legitimacy of parliament beyond each legislative period, but also poses practical challenges. Despite repeated debates on reform, the principle of discontinuity remains a fundamental element of parliamentary procedure in Germany.
Frequently Asked Questions
Which legal foundations govern the principle of discontinuity in German law?
The principle of discontinuity is particularly relevant in German law in connection with the work of the Bundestag. However, there is no specific statutory codification. The principle is derived from the rules of procedure of the Bundestag as well as from the fundamental principles of the parliamentary system and legislative periods. According to the principle, all proposals—in particular legislative projects and motions—that have not been completed during a legislative period expire with its end. Coherent provisions can be found in the rules of procedure of the Bundestag (§ 125), which, for example, stipulate that unfinished parliamentary proposals are deemed completed at the end of the legislative period. Further implications also result from the Basic Law (GG), which regulates legislative periods and the rights and duties of the Bundestag. The principle is further shaped and specified by parliamentary practice and case law.
What legal consequences arise from the principle of discontinuity for incomplete legislative projects?
Legislative projects that have not been completed—that is, those that have not fully passed through the legislative process within a legislative period—are deemed completed at its end and cannot be carried over into the next legislative period. This means that a law not yet finally adopted by the Bundestag and its deliberation process lapse with the convening of a new Bundestag. Such a project must then be resubmitted—taking into account the regular procedure. This legal consequence applies equally to bills, motions, and committee recommendations. It is important to distinguish this from laws already enacted: legal acts that have been formally adopted of course retain their effect and validity.
Are there exceptions to the principle of discontinuity in legal contexts?
In principle, the principle of discontinuity does not provide for exceptions, as its function is precisely to make a clear break at the end of the legislative period. Nevertheless, in parliamentary practice, there are certain situations in which exceptions are created by special provisions. For example, petitions may be treated differently and do not automatically expire. Also, the work of investigative committees may be continued in the new session on the basis of a corresponding resolution. It is essential that any exceptions be based on explicit statutory provisions or parliamentary resolutions and are not automatic.
What role do committees play within the framework of the principle of discontinuity?
Committees, as preparatory bodies of the Bundestag, are essential for handling draft laws and other parliamentary tasks. However, their work is also subject to the principle of discontinuity: all discussions conducted and remaining unfinished initiatives in the committees lapse at the end of the legislative period. When a new Bundestag convenes, the committees are also reconstituted, their composition and responsibilities may change, and their previous work on pending submissions is not automatically continued. This also affects recommendation drafts and reports that are not submitted and adopted in time.
How does the application of the principle of discontinuity in the Bundesrat differ from the Bundestag?
While the principle of discontinuity is primarily relevant to the Bundestag, it applies differently in the Bundesrat, as there are no legislative periods in the classical sense. The Bundesrat is composed of representatives of the state governments, whose composition depends on the respective state governments and is not determined by general elections. In the Bundesrat, a degree of so-called ‘continuity of work’ can thus be ensured, so that initiatives are not necessarily terminated with the end of federal legislative periods. Nonetheless, certain parliamentary procedural rules in the Bundesrat can also result in pending submissions being considered completed, particularly where state cabinets are newly formed and their composition changes.
What is the significance of the principle of discontinuity for legal certainty?
The principle of discontinuity significantly contributes to legal certainty in the parliamentary legislative process. By clearly stipulating that unfinished proposals lapse at the end of the legislative period, transparency in the legislative process is created. Citizens and institutions can have confidence that legislative initiatives that have not completed the full legislative process will not have legal effect. At the same time, the principle prevents inconsistencies and uncertainty that could arise if projects from previous legislative periods continued to be pursued in a confusing manner. This ensures an orderly new beginning after each election, thereby maintaining the democratic principle of parliamentary legitimacy at its core.
