Concept and Function of the Landtag
The term ‘Landtag’ refers to the state parliament in the German federal states. The Landtag is the directly elected representative body of the people at the state level and thus constitutes the central constitutional body of a federal state. Its legal status, organization, as well as its tasks and powers are governed by the respective state constitution and supplementary state laws.
Constitutional Foundations
Legal Status and Role within State Structures
According to the principle of popular sovereignty, the Landtag is the highest organ of democratic will-formation within a German federal state. According to Article 28 of the Basic Law, the states must have a democratic, constitutional order with a parliamentary representation elected by the people. The specific regulations are set by the state constitution and the state election law.
Composition and Election
The members of the Landtag (deputies) are elected in free, secret, equal, and direct elections by the eligible population. The respective electoral term lasts five years in most federal states but may vary in some states. The exact number of members and the electoral system—usually a personalized proportional representation—are stipulated in the state constitution and the respective state electoral law.
Organization and Working Methods
President, Presidium, and Committees
At the beginning of a legislative term, the Landtag elects the President of the Landtag and the Presidium. They chair the plenary sessions, represent the Landtag, and oversee compliance with the rules of procedure. To fulfill its various tasks, the Landtag establishes standing committees (e.g., budget committee, internal affairs committee, legal affairs committee) as well as investigative committees as needed.
Parliamentary Groups
Deputies who belong to the same party or pursue similar political goals can form parliamentary groups. Parliamentary groups play a central role in parliamentary work, such as in introducing legislative initiatives and appointing members to committees.
Powers and Responsibilities
Legislative Function
The most important task of the Landtag is legislating for the respective federal state within the competences conferred by the Basic Law in Articles 70 and following. These include, for example, the regulation of education policy, police and regulatory law, municipal law, and cultural promotion.
A legislative procedure can be initiated by a motion from within the Landtag, by the state government, or by a popular initiative. After adoption by the Landtag, the promulgation and publication are carried out by the Minister-President.
Oversight of the State Government
The Landtag oversees the state government both politically and legally. Instruments of this oversight include question times, minor and major interpellations, topical hours, and the right to set up investigative committees. In addition, the Landtag may express its lack of confidence in the state government or in individual members (constructive vote of no confidence), which may lead to removal from office.
Budgetary Authority
One of the essential powers of the Landtag is the right to set the budget. Only the Landtag is authorized to adopt the state’s budget and approve the use of public funds. This responsibility also includes oversight of budget management by the state audit office.
Election and Confirmation Rights
In various cases, the Landtag is involved in key personnel decisions. For example, in some states, the Landtag elects the Minister-President or participates in the election or appointment of judges to the state constitutional court.
Statutory Provisions and Rules of Procedure
Rules of Procedure
Each Landtag adopts its own rules of procedure, which lay down the details of parliamentary work, for example, the conduct of plenary sessions, speaking times, submission of motions and questions, as well as voting procedures.
Immunity and Indemnity of Deputies
Members of the Landtag enjoy, much like members of the Bundestag, the special status of immunity and indemnity. This means they cannot be prosecuted in court or officially for their votes or for statements made in the Landtag (indemnity). Criminal prosecution for other acts is only possible during the term of office with the consent of the Landtag (immunity).
Principle of Publicity and Transparency
The work of the Landtag is fundamentally characterized by the principle of publicity. Plenary sessions are generally open to the public; committee meetings may be public or non-public according to the rules of procedure. The aim is to ensure the transparency of political decisions and democratic oversight by citizens.
Relationship to the Federation and Municipalities
Federal Integration
As a legislative body at the state level, the Landtag is part of the federal structure of the Federal Republic of Germany. Through the Bundesrat, it participates indirectly in federal legislation by the state government—with its composition largely determined by the Landtag—sending Bundesrat members to represent the state in the Bundesrat.
Influence on Municipalities
Through its legislative powers, the Landtag sets the framework conditions for municipalities. It decides, for example, on the municipal constitution and determines the allocation of responsibilities within the state, as far as not regulated by federal law.
Other Landtag Models in the German-speaking Area
Landtage also exist in Austria, Liechtenstein, and South Tyrol. While their structures and powers vary, they share the basic principle of democratic representation of the people, with legislative and controlling functions at the regional level.
Literature and Links
- German State Parliaments – Overview and Information (bundestag.de)
- Information Portal of the Bundesrat on the State Parliaments
- State Parliaments: Legal foundations, rules of procedure, constitutions available on the respective Landtag websites
Note: The structure and regulations of the Landtag are primarily set by the respective state law. Differences in details such as electoral procedures, organization, number of members, or specific rights are possible and can be found in the state constitutions.
Frequently Asked Questions
How is the composition of the Landtag legally determined?
The composition of the Landtag is determined primarily by the respective state constitution and the state election law. These norms specify how many deputies make up the Landtag and how they are elected. The members of the Landtag are elected in general, direct, free, equal, and secret elections, with the eligibility to vote determined by the state constitution (active and passive suffrage from a certain age, and where applicable, residency requirements). The electoral system (proportional representation, majority voting system, or mixed forms) is detailed in the state election law. There are also legal provisions regarding the allocation of mandates (distribution of seats, where applicable, overhang and compensation mandates), electoral districts, as well as deadlines and the process of the election. Additional legal provisions are stipulated in the rules of procedure of the Landtag and the relevant regulations governing election review procedures.
What legal provisions exist regarding the rights and duties of deputies?
The rights and duties of Landtag deputies are codified in the respective state constitution, the state’s deputies’ act, and the Landtag’s rules of procedure. They include, in particular, the right to speak, the right to initiate legislative proposals (bills, motions, questions), the right to vote, the right to committee membership, as well as the right of access to files and information from the state government. To safeguard independence, deputies enjoy indemnity (protection from legal prosecution for their voting behavior and statements in parliament) and immunity (protection from criminal prosecution during the exercise of the mandate, unless the Landtag grants consent). The duties include attendance at sessions, obligations of confidentiality in certain matters, the prohibition of accepting benefits, and other regulations related to the exercise of the mandate.
What legal responsibilities and powers does the Landtag have in the legislative process?
The Landtag is the central legislative body of the respective federal state according to the state constitution. Legislative proposals can, as a rule, be introduced by the state government, parliamentary groups, a certain number of deputies, and—if provided for—by popular initiatives. The rules of procedure govern the legislative process, which includes, among other things, first, second, and, where applicable, third reading, as well as committee deliberations. The Landtag adopts laws by a simple or qualified majority. After adoption, the draft is forwarded to the state government (or Minister-President) for enactment and publication. The Landtag is also responsible for the budgetary authority, which includes the exclusive power to pass and monitor the state budget. Moreover, the Landtag ensures compliance of laws with the state constitution and may, if necessary, refer a matter to the state constitutional court.
How is oversight of the state government by the Landtag legally structured?
Oversight of the state government is a constitutional core task of the Landtag and is ensured through various instruments. These include questions, interpellations, establishment of investigative committees, rights of access to files, the right to summon ministers to meetings, and the vote of no confidence. The latter may legally lead to the removal of the state government or individual members. The rules of procedure and special legal provisions (law on investigative committees, freedom of information laws, etc.) specify the exercise of these rights of control, especially regarding deadlines, procedures, and minority rights. Judicial review of measures taken by the Landtag is usually carried out by the respective state constitutional court.
On what legal basis are Landtag sessions convened and conducted?
The convening and conduct of Landtag sessions are prescribed by the state constitution and the rules of procedure of the Landtag. The state constitution regulates the obligation to convene regularly, minimum requirements for session periods, as well as exceptions (e.g., extraordinary sessions at the request of a minority or the government). The rules of procedure specify details regarding the location, timing, notice period, and form of invitation, as well as procedural rules for conducting the sessions, quorum, chairing the sessions, voting procedures, speaking times, disciplinary measures, and the principle of publicity. In addition, record-keeping duties, options for non-public sessions, and access for the media and the public are regulated.
What legal foundations exist for committees and parliamentary groups in the Landtag?
The option to form committees and parliamentary groups is a central component of the state constitutions and is specified by the rules of procedure of the Landtag and, where applicable, by specific committee and parliamentary group laws. Committees have their own rights (calling meetings, hearing experts, access to files) and support parliamentary work, particularly in advance of legislative decisions and in oversight of the government. The composition and procedure of the committees are based on the relative strength of the parliamentary groups (principle of proportionality). Parliamentary groups, in turn, are associations of deputies from one party or with the same political goals; they are granted specific rights (initiating bills, group financing, administrative offices) and duties (public accountability, transparency), which are legally stipulated in the rules of procedure and state laws.
