Concept and significance of the vote of confidence
Die Vote of confidence (also called confidence vote or vote of confidence) is an essential procedural mechanism in parliamentary government systems, especially in states with the principle of parliamentary accountability of the government to parliament. It primarily serves to determine whether the sitting government or its leader—usually the government head, such as the Federal Chancellor of the Federal Republic of Germany—retains the support of the parliamentary majority. The legal basis and effects of a vote of confidence are detailed in the respective national constitutions and parliamentary laws.
Legal basis for the vote of confidence in Germany
Anchoring in the Basic Law
The vote of confidence in Germany is comprehensively regulated in the Basic Law (Grundgesetz, GG). According to Article 68 GG, the Federal Chancellor can put a vote of confidence to the Bundestag to test whether parliament still has the necessary confidence in his or her governance. This regulation forms part of the mechanism for safeguarding the parliamentary government system and reviewing political stability.
Wording of Article 68 GG
“If a motion by the Federal Chancellor for a vote of confidence does not win the support of a majority of the members of the Bundestag, the Federal President may, on the proposal of the Chancellor, dissolve the Bundestag within twenty-one days.”
Purpose and function of the vote of confidence
The vote of confidence is an instrument for establishing the government’s majority. It can be used to clarify majority relations after political crises, coalition disputes, or paralyzing inaction. The vote of confidence is not to be confused with the constructive vote of no confidence under Article 67 GG.
Procedure and process of the vote of confidence
Submission and formal requirements
Only the Federal Chancellor may submit a vote of confidence. Applications by other government members or individual deputies are excluded. The form of application is not expressly prescribed, but it is regularly submitted in writing and justified before the Bundestag.
Voting procedure
The vote of confidence is held in the Bundestag without debate or after a brief discussion. An absolute majority of the statutory members of the Bundestag (currently 736 members as of 2024) is required. A simple majority of those present is insufficient.
Consequences of a negative outcome
If the Federal Chancellor does not receive the required majority, the Federal President may, upon the Chancellor’s proposal, dissolve the Bundestag within 21 days and thus trigger new elections. However, the Federal President is not required to do so and retains discretionary power.
Vote of confidence as political instrument
Particularly in German constitutional practice, the vote of confidence has also become established as a deliberately used instrument to dissolve parliament. Prominent examples are the votes of confidence called by Willy Brandt (1972), Helmut Kohl (1982, 1983), and Gerhard Schröder (2005), which were aimed at enabling new elections for the purpose of political clarification.
Constitutive and declaratory effects of the vote of confidence
Consequences for governmental activity
A negative vote of confidence does not automatically mean the end of a government’s term. The Federal Chancellor remains in office in a caretaker capacity until a new chancellor election takes place or the Federal President dissolves the Bundestag. It is at the Chancellor’s political discretion whether to call for another vote of confidence or take other steps.
Difference from a vote of no confidence
While the constructive vote of no confidence leads immediately to a change of office (i.e., parliament elects a successor), the vote of confidence serves political self-assurance and only opens the constitutional path for dissolving parliament.
Legal consequences and legal remedies
Legal consequences of a lost vote of confidence
A failed vote of confidence initially has no immediate legal consequences for the office of chancellor or the federal government. Further steps are required, such as another chancellor election in accordance with Article 63 (4) GG or the dissolution of parliament.
Legal remedies and judicial review
The Federal President’s decision to dissolve the Bundestag can, according to consistent case law, only be reviewed by the courts to a very limited extent. The Federal Constitutional Court reviews only whether the formal requirements have been met and whether the Bundestag has actually refused confidence. The assessment of political discretion fundamentally remains the prerogative of constitutional bodies.
Historical and international perspectives
Development in Germany
In the parliamentary history of the Federal Republic of Germany, the vote of confidence has been applied several times, often with strategic intent. The political and constitutional experiences thus gained have significantly shaped the understanding and handling of this instrument.
Vote of confidence in other countries
The principle of the vote of confidence exists in many parliamentary democracies, each with specific regulations. For example, in the United Kingdom, there is the “Vote of Confidence”, in France, the “Engagement de la responsabilité”, and in Italy, the “Fiducia”. In most countries, the vote of confidence has considerable impact on the formation of government and the stability of the executive.
Distinction from similar parliamentary instruments
- Constructive vote of no confidence (Art. 67 GG): Requires not only the withdrawal of confidence but also the election of a new head of government.
- Vote of no confidence without constructive requirement: In other countries, a simple majority is often sufficient to bring down the government, even without the immediate election of a successor.
- Vote of confidence at the state level: Comparable regulations also apply in the state constitutions of German federal states.
Summary
The vote of confidence is a central instrument in parliamentary government systems, enabling the Federal Chancellor or the government to determine parliamentary support. The legal basis and far-reaching consequences of a vote of confidence are set out in the Basic Law and are further clarified by case law and parliamentary practice. The instrument ensures the executive’s ability to act as well as political stability and transparency in government action.
Literature
- Deutscher Bundestag: Documents on the history of the vote of confidence
- Basic Law for the Federal Republic of Germany, Art. 68
- Maunz/Dürig, Commentary on the Basic Law, Art. 68 GG
- Federal Constitutional Court, decision of August 25, 1983 – 2 BvE 1/83
Further concepts
- Constructive vote of no confidence
- Federal Chancellor (Germany)
- Dissolution of the Bundestag
- Federal Constitutional Court
Frequently asked questions
Who is authorized to put a vote of confidence in the Bundestag?
The vote of confidence can only be proposed by the Federal Chancellor in accordance with Article 68 of the Basic Law. The Federal Chancellor uses this instrument to determine whether he or she still enjoys the confidence of the majority of the members of the German Bundestag. A vote of confidence cannot be initiated by individual members of parliament, parliamentary groups, or other government members. The decision to submit a vote of confidence lies solely within the political discretion of the Chancellor. The Chancellor may call a vote of confidence regardless of specific political conflicts or a foreseeable majority, although the aim is usually to test the unity of the governing majority or to trigger new elections.
How does the vote of confidence procedure work in the Bundestag?
The vote of confidence procedure is anchored in the Basic Law (Art. 68) and specified in parliamentary rules of procedure. After the Chancellor announces the vote of confidence, the Bundestag usually deals with the matter within a few days. The motion is put to a roll-call vote, with each member voting individually. The motion is successful if the Chancellor receives the majority of the statutory members of the Bundestag (Chancellor majority), currently at least 368 votes. If this majority is not achieved, the Federal President may, on the Chancellor’s proposal, dissolve the Bundestag within 21 days. During this period, the Bundestag remains able to act and, in principle, a new chancellor election can still be initiated.
Is the Federal President obliged to dissolve the Bundestag after a negative vote of confidence?
No, the Federal President is not obliged to follow the Federal Chancellor’s proposal and dissolve the Bundestag after a failed vote of confidence. The Basic Law grants the Federal President discretion in this context. For example, the Federal President can refuse dissolution if it is assumed that stable majorities still exist or if it is deemed a “constructively engineered” defeat for the Chancellor, as discussed in 1982 in connection with Chancellor Helmut Kohl. The Federal President examines the individual political and legal circumstances of each case. Judicial review of this decision is only limited.
What are the legal consequences of a negative vote of confidence for the Federal Chancellor?
If a Federal Chancellor fails to win the vote of confidence and thus does not obtain the required majority, he or she initially remains in office along with the entire federal government. There is no immediate legal obligation to resign. However, a new Federal Chancellor can be elected within 21 days. If this new election does not take place, the old Chancellor remains in office, but possibly with significantly weakened political backing. Only when the Federal President dissolves the Bundestag at the Chancellor’s request are new elections legally triggered. Alternatively, the Federal President may resort to the special case and appoint a Chancellor by minority election if all other procedures fail (Article 63 (4) GG).
Can the Federal Constitutional Court review a vote of confidence?
The Federal Constitutional Court can review the formal requirements and abuse control regarding the vote of confidence, in particular when the Bundestag is dissolved (Art. 68 GG). According to the case law of the Court, this review is limited to whether the Federal Chancellor actually lost the confidence, whether the proposal for dissolution came from the Chancellor, and whether the Federal President properly exercised discretion. There is no extensive political review; the Court, by its nature, exercises a reserved, constitutional review.
Is a vote of confidence permissible outside crisis situations?
Legally, the vote of confidence does not require a specific government crisis. In principle, the Federal Chancellor may use the instrument of the vote of confidence even in situations where there is no immediate political threat to his or her majority. However, the Federal Constitutional Court has emphasized that the constitutional procedure must not be arbitrarily abused, for instance, to dissolve the Bundestag early for purely tactical reasons. Even in less conflict-laden situations, a vote of confidence is therefore legally possible, but abuse is subject to judicial review.
What differences are there between a vote of confidence and a constructive vote of no confidence?
From a legal perspective, the vote of confidence and the constructive vote of no confidence (Art. 67 GG) differ fundamentally: The vote of confidence is initiated by the Chancellor, and generally serves the purpose of self-binding and seeking confirmation or triggering new elections. The constructive vote of no confidence, by contrast, is always initiated by members of the Bundestag and is necessarily linked to the election of a new Chancellor. Only with the so-called ‘Chancellor majority’ can there be a change of office. Legally, the requirements, procedure, and consequences of these two parliamentary instruments must be strictly separated.
