Germany. Government structure and political system of Germany

32. Politic system Germany

1. Basic constitutional principles characterizing modern Germany as a state

Based on the Basic Law of the Federal Republic of Germany of 1949, in its current version, we can identify the basic constitutional principles on which the modern German state is based and which characterize today's Germany:

· Germany (FRG) is a federation of 16 states;

· Earth according to the Basic Law, it is proclaimed a state within the Federal Republic of Germany, which has its own history, historically developed territory, features of the national composition, often its own dialect of the German language, its own constitution, parliament (Landtag), government, other government bodies, as well as its own symbols (coat of arms, anthem and flag); however, in fact, earthlings are a state in the full sense of the word - they do not have sovereignty, the right to secede from Germany, which is a single union state, and not a union of states;

· German Federation is built on the principle of “strong center - strong lands”, on the basis of subordination and division of powers between the center and the lands, as well as coordination and the presence of “horizontal connections” between the lands;

· federal law takes precedence over state law;

· generally recognized international treaties and other legal documents are directly valid in Germany and are part of national law;

· legislation is bound by the constitutional system, and the executive power and justice are bound by law;

· Germany recognizes fundamental human rights and freedoms;

· the most important of the rights enshrined in the Basic Law are the right to dignity and equality of Germans;

· the basis for building a system of government bodies is the principle of separation of powers into legislative, executive and judicial;

o equality of every German in every state.

· right to life and physical integrity;

· the right to free development of one’s personality;

· freedom of conscience;

freedom to search and receive information;

· freedom of teaching, science and art;

· the mother’s right to support and protection from society;

· right to association;

· freedom of processions and demonstrations;

· confidentiality of correspondence, postal services and other communications;

· right to freedom of movement;

· prohibition of forced labor;

Feature German constitutional regulation of fundamental human rights is the possibility of their restrictions from the state. So, persons who use:

· freedom of the press;

· freedom of teaching;

· freedom of assembly;

· freedom of association;

· confidentiality of correspondence, postal, telegraph and other telecommunications;

· ownership;

· right of asylum.

to fight against the democratic system, I may be deprived of these rights by a decision of the Federal Constitutional Court.

Rights are also limited military personnel and persons undergoing alternative service:

· freedom of assembly;

· to submit collective petitions;

· to express and disseminate one’s opinion orally, in writing and through images.

Only 19 articles of the Basic Law of the Federal Republic of Germany are devoted to the regulation of fundamental human rights, and a large number of rights and freedoms usually enshrined in other constitutions are generally outside the scope of constitutional regulation.

3. Germany is a federal state

It consists of 16 lands, many of which had centuries-old traditions of their own statehood (Bavaria, Saxony, Schleswig-Holstein, Baden, etc.), some were created artificially, from parts of Prussia liquidated by the allies - the core of all-German statehood (Brandenburg, Berlin, Mecklenburg-Western Pomerania). 3 of the 16 states are cities (Berlin is the capital; Hamburg and Bremen were city republics in the past and were part of the Hanseatic League).

The lands vary greatly in territory and population. The smallest of them is Bremen (both in terms of territory and population). The largest - Bavaria - is 176 times larger, and the most populated - North Rhine-Westphalia is approximately 25 times larger than Bremen. However, the federation in Germany cannot be called asymmetrical. All lands have equal rights.

The Basic Law regulates distribution of powers between the federal center and the states. Questions stand out:

· exclusive competence of the federation;

· joint competence;

· competences of the lands.

IN exclusive competence federations are:

· international politics of Germany;

· citizenship;

· currency;

· mode of weights and measures, exact time;

· customs;

· air traffic;

· mail and telecommunications;

· federal civil service;

· statistics.

About 25 questions are in the scope joint competence federations and lands, the most important of them are:

· ecology;

· shipping;

· road traffic.

Land rights are determined according to the principle of residual competence, i.e. the land has exclusive freedom in all matters not within federal or joint competence.

Each state has a unicameral parliament - the Landtag (in Bavaria - bicameral, in state-cities the Landtags are called city assemblies), elected for 4-5 years. The party (bloc of parties) that receives a majority in the Landtag forms a government headed by the prime minister.

Feature of the German Federation is also the fact that, along with the federal one, each land has its own constitutional justice, represented by the constitutional courts of the states. In Schleswig-Holstein, the functions of the state constitutional court are transferred to the Federal Constitutional Court.

In addition to the above, it is also necessary to highlight other features that characterize the German federation:

· a German in any land has equal rights;

· the constitutional system of the lands must correspond to the constitutional system of the Federal Republic of Germany, the basic principles of a republican, democratic, social state;

· the state strives to ensure a uniform standard of living throughout the land;

· in the highest institutions of the federation, officials from all states should be used in proper proportion;

· all institutions of the federation and states must provide each other with mutual legal and administrative assistance;

· the federation and each state maintain financial expenses separately.

An important feature of the German federation is possibility of federal coercion of the land to carry out any actions in cases where the land does not fulfill the duties assigned to it by the Basic Law and other laws. Federal enforcement in various forms applied by the federal government with the approval of the Bundesrat.

If necessary, the territory of the lands can change; the lands have the right to unite and allocate new lands from their composition. Such decisions are made by referendums in the states concerned. However, federalism as a whole and the very principle of dividing the federation into lands cannot be the subject of revision.

4. Features of the legislative branch of Germany

The bulk of laws and other acts are adopted by parliament - the Bundestag. Some laws and other regulations, especially those concerning the federation, states or those of great national importance, are adopted by both the Bundestag and the Bundesrat. At the same time, the Bundestag and the Bundesrat are not the “lower” and “upper” houses of one parliament.

Bundestag (unicameral parliament):

· consists of 656 deputies (according to the Federal Electoral Law);

· elected by the people of Germany for a 4-year term in a mixed, majority vote proportional system, that is, half of the deputies are elected in majoritarian single-member districts, and half are elected according to a proportional system in land territorial districts (according to land party lists); Moreover, only those parties that overcome the 5 percent barrier nationwide are allowed to distribute mandates according to party lists.

Members of the Bundestag have free mandate. The Bundestag elects the President of the Bundestag and vice-presidents from among its members.

Bundesrat - body of land representation. It currently consists of 68 members, who are delegated to the Bundesrat by the state governments in the proportion: any state delegates a minimum of 3 members; with a population of over 2 million - 4; with a population of over 6 million - 5, over 7 million - 6 members of the Bundesrat.

Members of the Bundesrat have imperative mandate, are bound by the will of the government that sent them and can be revoked at any time. Deputies from each state in the Bundesrat must cast their votes unanimously (that is, members of the Bundesrat delegated by one state must agree among themselves on each issue and vote equally).

The Bundestag and the Bundesrat together pass only the most important laws. Amendments and additions to the Basic Law are also adopted jointly - by 2/3 votes of deputies of the Bundestag and 2/3 votes of members of the Bundesrat.

Features of the functioning of the legislative branch of Germany is that in a situation of legislative necessity, the government can transfer this right from the Bundestag to the Bundesrat.

In case of war or military danger, the Bundestag and the Bundesrat can create a Joint Committee ("mini-parliament"), consisting of 2/3 members of the Bundestag and 1/3 members of the Bundesrat, empowered to make laws and other decisions.

5. Executive branch of Germany

The highest executive power in the country is exercised by federal government , which consists of federal ministers and the Chancellor.

The Prime Minister plays a special role - Federal Chancellor. In fact, he is the political leader of the country.

The Federal Chancellor is elected by the Bundestag on the proposal of the Federal President, then the Chancellor forms the government. According to established custom, the leader of the party that won the election, or another candidate nominated for the post of chancellor by the winning party, is elected Federal Chancellor.

The Basic Law of the Federal Republic of Germany in 1949 became the first constitution to provide institution of constitutional vote of no confidence . Its essence is that when the question of a vote of no confidence is raised, a candidacy for the post of federal chancellor is nominated. A vote of no confidence in the current government is also the election of a new chancellor.

6. Head of State

The head of state in Germany is federal president , elected by a special board, half of which are members of the Bundestag, and the other half - exactly the same number of electors nominated by the Landtags of the states.

This board is called Federal Assembly has only one task - to elect a president, after which it is dissolved. Every German (German citizen) who has reached the age of 40 and has the right to vote can become the President of the Federal Republic of Germany. The term of office of the president is 5 years. The same person can hold this post for no more than 2 terms.

The President of Germany has almost no real powers, as a result of which he is often called a “weak” president compared to a “strong” chancellor. However, the federal president symbolizes the state, its unity, acts as an arbiter between the branches of government, formally makes key appointments, and performs important ceremonial and representative functions.

7. German judicial system

It has significant differences from the judicial systems of other countries. Its main differences is that:

· there is no single Supreme Court of Germany;

· the Federal Constitutional Court and the constitutional courts of the states play a significantly greater role in the life of society and the state compared to other countries.

Instead of a single Supreme Court of Germany, there are 5 highest federal courts : federal judicial chamber, federal administrative court; federal financial court; Federal Labor Court; Federal Social Court.

Along with them, at the top of the judicial pyramid is the Federal Constitutional Court. Together they are called judicial senate .

In addition to the above 6 higher courts in Germany there are specialized courts:

· Federal Patent Court in Munich;

· Federal Disciplinary Court in Frankfurt am Main;

· military criminal courts.

Judicial system in lands are:

· district courts;

· land courts;

· Higher Land Courts;

· specialized courts;

· Land constitutional courts.

Federal Constitutional Court consists of 16 judges. Half of them are elected by the Bundestag, the other half by the Bundesrat. The election of judges from the Bundestag is indirect: first, an electoral college of 12 people is elected, and then this college elects judges.

The Bundesrat elects the judges of the constitutional court with a 2/3 vote.

A judge of the constitutional court can be a German citizen who has reached 40 years of age, a lawyer with experience in his specialty. The term of office of judges of the constitutional court is 12 years without the right of re-election. At the age of 68, a judge is required to retire.

The Federal Constitutional Court (FCC) is divided into 2 chambers called senates. The Senates work separately, the entire volume of business is divided approximately equally between them. The senates consider the most important matters in a joint session. The FCC is led by the FCC President and FCC Vice-Presidents, elected in turn by the Bundestag and the Bundesrat.

The FCC is considering the following issues:

· constitutionality of laws;

· compliance of regulatory legal acts of lands with federal law;

· disputes between the federation and the states and between the states;

· complaints from citizens about violations of rights and freedoms;

· other questions.

The Federal Constitutional Court does not form a single hierarchy with the constitutional courts of the states and does not head it - the Federal Constitutional Court and the constitutional courts of the states act independently in the area of ​​their competence.

According to its administrative structure, Germany, where according to the 2011 census the population is 80.2 million people, is a federal state, which is divided into 16 equal federal subjects, called federal states (hereinafter referred to as states). These include three cities (Bremen, Hamburg, Berlin). Before the reunification of Germany (October 1990), 10 states were part of the Federal Republic of Germany and five were part of the GDR.

The development of territories is facilitated by the federal structure, according to which the lands have greater independence and implement their own programs at their own expense. The Basic Law of the Federal Republic of Germany guarantees the existence of local self-government and the fundamental rights of local authorities: communities must be given the right to independently resolve all community problems within the framework of the law and on their own responsibility. Community associations, within the scope of their functions, which arise from laws, also have the right of self-government. This provision is of fundamental nature not only for communities, since districts are traditionally considered in German law as associations of communities. The same article of the Constitution provides for the obligation to exist, at the level of communities and districts, of elected representative bodies of power.

In fact, this is what the constitutional regulation of local government at the federal level is limited to. Based on the principle of residual competence of lands, provided for in Art. 70 of the German Constitution, and since the regulation of local government is not mentioned in the list of federal powers, all issues of local government fall under the exclusive competence of the states. In land law, the activities of local governments are regulated by constitutions, local government regulations and individual laws. Within the framework of these regulations, as a rule, the idea of ​​end-to-end management can be traced, in which the federal state, lands, and self-government bodies represent a single vertical within which management activities are carried out.

Local authorities. Communities are the basic unit of local government and are present in all German states. A community can be a city, rural settlement, a collection of several settlements. Required condition The existence of the community, provided for by the constitutions of all lands, is the separate existence of representative and executive authorities. Community authorities are formed through elections, which for a representative body are direct, equal and universal. In small communities, the role of a representative body can be played by a meeting of all residents. The functioning and structure of local government varies depending on which model the regulations in force in a particular state may be classified as.

The magistrate model is traditionally used primarily in urban areas. The council, elected by universal suffrage, elects from among its members the chairman of the council and at the same time appoints, by voting, a collegial executive body - the magistrate - from among professional managers. The magistrate is appointed for a period of 6 to 12 years in different communities, he represents the community in relations with citizens, other authorities, in court, prepares and implements council decisions (including the budget), and manages the community administration. All decisions of the magistrate are made by voting. The council appoints (usually upon the recommendation of members of the magistrate) a burgomaster, who is headed by the magistrate. Within this system, there is consistent control over the legality of decisions made: the magistrate can protest and refuse to carry out an illegal decision of the council; the burgomaster can appeal the unlawful decision of the magistrate, and the final authority in the dispute is the council.

The North German model - its main features copy the English system of organizing local government. The community council elects a burgomaster or chief burgomaster from among its members, who presides over community meetings and performs representative functions. At the same time, the council appoints a professional manager to the position of community director or city director for a period of 6 to 12 years. The community director personally manages the administration, prepares and implements council decisions.

The burgomaster model - this model of organizing local self-government in two lands and one rural community reproduces the institutional organization of French communes almost without changes. Advice

elects a burgomaster (chief burgomaster) from among its members. At the same time, the council appoints a council from among professional managers and from its own members, which includes the burgomaster.

The South German model is common in three states of the Federal Republic of Germany and most of the states of the former GDR. In general, the characteristics of the burgomaster model are repeated, but the burgomaster (chief burgomaster) is elected by the population through direct general elections.

Several characteristics of communities do not depend on the adopted model of organization of government institutions. In large communities, the territory may be divided into several districts, where the governing body is the council or council. In many lands in rural communities consisting of several settlements, it is possible to organize village councils headed by a chairman.

Delegation of authority executive power very developed in Germany: a significant part of the powers is delegated to the communities by the states. In almost all cases, delegation occurs in favor of the head of the executive branch.

Districts are traditionally considered in German law and administration as associations of communities - this, in particular, affects the way they are financed and the composition of their deputies. There are elected bodies in the districts, the districts are legal entities, have their own competencies established by law, form an independent level of local government. The reform carried out, including in the states of the former GDR, significantly reduced the number of districts by merging them.

Cities-districts are large urban centers (more than 50 thousand or 100 thousand inhabitants), which have the competencies of both communities and districts and have unified governing bodies.

District assemblies - elected by different systems, depending on the land. The diversity here is very great: from a majoritarian system with a cumulative vote in one round to a strict proportional system based on lists. The term of office is from 4 to 6 years.

The committee system - the district assembly forms a collegial executive body - the district committee, which is formed from the members of the assembly. The term of office of the committee is 6 years.

Landrat system, in which the head of the district executive power is the Landrat - a government official appointed by the land government on the proposal of the district assembly, of which he is also the chairman.

City-states - three territorial entities - the agglomerations of Bremen, Hamburg and Berlin have simultaneously the status of communities and lands (i.e. subjects of the Federation), concentrating the powers of all three types of communities at one level of government.

Competences of the lands and means of their implementation. In Germany, depending on legal regulation There are three levels of powers of self-governing communities:

• own powers based on the principle of general competence;
• compulsory powers, the exercise of which is prescribed by law;
• delegated powers.

Both mandatory and non-binding powers are their own: self-government bodies have the exclusive right to implement them, as well as responsibility for their implementation. However, the differences between mandatory and optional powers are very significant: the list of mandatory powers is contained in constitutions and other regulations lands and their non-fulfillment or improper execution entails judicial and administrative liability. The main elements of the distribution of powers between communities are given in Table. 16.1.

Table 16.1

Powers of local governments in Germany

Urban planning and territory planning;	Construction and maintenance of intercommunal roads;
Local roads;	Planning and arrangement
Construction and maintenance of primary schools;	territories on a district scale;
Fire safety, flood prevention;
Arrangement of waterways and other water spaces;
	Construction and maintenance
Social assistance and support for youth;	hospitals and clinics;
	Construction and maintenance of secondary and professional
Creation and maintenance of playgrounds;
control over compliance of housing with sanitary standards; liquidation of dilapidated housing	Garbage and household waste collection

• 1. Mandatory own powers (i.e. powers prescribed by law).
• 2. Examples of delegated powers (for city-districts and a number of large city-communities, for rural areas in some lands):
  • civil registration;
  • maintaining statistics;
  • organization of elections;
  • control over the stay of foreign migrants;
  • traffic control;
  • control over hygiene and veterinary medicine;
  • control over the quality of food products;
  • sanitary control of restaurants and bars.
• 3. Examples of optional actions within the framework of general competence:
  • management of enterprises producing and distributing gas, electricity, water, etc.;
  • regulation of public transport;
  • housing construction;
  • support for culture and sports;
  • creating conditions for economic development;
  • participation in economic development;
  • construction and maintenance public libraries;
  • creation of people's universities;
  • construction of sports grounds and stadiums.

Local finance. The income of local communities is generated from classical sources: taxes and fees, government transfers, income from economic activity and fees for services rendered, loans. Communities' own taxes consist of two main components: land tax and trade tax (tax on business activities and private practice). The basis for calculating trade tax is the total income received by a given person (enterprise) from entrepreneurial activity(private practice). Its collection is limited by the legally established non-taxable minimum income. These taxes are collected only by communities; The tax rate is set annually by the community council. Land law may also allow communities to impose taxes on consumption ( similar laws exist in most lands).

Districts in Germany do not have exclusive taxes of their own. However, according to the federal constitution, the states are obliged to provide the districts with their own sources of funding. In most cases, the lands transfer part or all of the revenue from the property tax, which is formally a state (land) tax, to the districts. In addition, districts, rather than communities, may be allowed to levy some fees.

In the German system of public administration - and in particular local government - the concept of financial equalization plays a special role. The essence of equalization is the movement of financial resources between different territorial communities (including lands and the federation) in order to more evenly distribute funds between communities.

Most federal states have on their territory Various types clusters, including developed automobile clusters. However, after the unification of the country, there was a tendency to move automotive industry enterprises to East Germany. This was due not only to lower production costs compared to West Germany, but also to the presence of a favorable infrastructure for the development of the automotive industry. In particular, small and medium-sized enterprises with a small staff play a leading role in the East German economy, and the level of qualifications and educational infrastructure make it possible to ensure production with high-quality scientific research. At the same time, the emphasis is on the development of suppliers of automotive components.

The East German automotive cluster began to be created in 2004 on the initiative of the governments of five federal states: Berlin, Brandenburg, Thuringia,

Mecklenburg-Vorpommern, Saxony and Saxony-Anhalt. The cluster within the above-mentioned territories included companies producing cars and components, service centers, research institutes and various associations. The research was carried out over two years; in parallel, a cluster development program was developed. The purpose of creating the cluster is to increase the competitiveness and development of the automotive industry in East Germany. Main areas of activity: establishing effective communication between cluster participants, universities, research institutes and government authorities, representing companies in the international arena, as well as support innovation activity. The presence of clusters in the region increases the role of regional administrations, since it develops and strengthens the economy of the region, stimulates economic growth and accelerates the solution of social problems, and creates conditions for the successful development of more backward territories.

The experience of Germany shows that innovation is possible only if there is a generally favorable institutional environment in the state, moderate taxation, a developed education system, etc. These factors generally have a greater impact on innovation than the provision of numerous small and large tax, customs and other benefits, and as well as other preferences.

Organizations for the implementation of competencies (joint management). Germany has traditionally developed cooperation between communities aimed at more effective implementation of competencies. There are several forms of cooperation (joint management, but official terminology), which have found application throughout almost the entire territory of Germany:

• working communities;
• public law agreement;
• unification of communities;
• community of communities;
• unification of the city and county.

Direct government management and control. Functions of the territorial government controlled carried out in Germany at several levels. In all lands, the lower level of organization of state (land) administration is the district: there is no state administration at the community level. The head of the state administration in the district is the head of the district executive authority, the landrat or director. In all states there are also administrative districts headed by a district manager.

The civil service in Germany is characterized by high efficiency, prestige and respect among the population, and therefore for adaptation civil service To respond to the changing conditions of the modern world, the tactic of a “big qualitative leap through small steps” was chosen. Among such “steps” we can note the decentralization of the civil service, the divergence (divergence) of the status of civil servants, and the reorientation of the civil service towards “client” relationships with citizens.

Control over the legality of decisions made by local self-government bodies is carried out state administration general

higher level competencies. Along with control of legality, there is also so-called professional control, carried out by the same bodies.

Financial control over the activities of self-government bodies is divided into two types: internal and external. Internal control over the regularity and legality of financial transactions is carried out by the audit department of the local community. To organize external financial control over the rule of law, many states create a special department responsible for financial control. Internal and external financial controls are constant.

Basic principles of spatial planning in Germany. Spatial planning in Germany justifies and prepares regulations for the rational use of territories by developing concepts for rational development, which is based on achieving political consensus. In a social market economy, territorial planning is subordinated to goals social development, it supports the economic prosperity of society, promotes the efficient use of territories, as well as the conservation and rational use of natural resources. Spatial planning in Germany has four levels.

At the federal level, on the basis of the Federal Law "On Territorial Planning", framework conditions for spatial development are established for the territory of the Federal Republic of Germany. Responsibility for the federal level of territorial planning lies with the Federal Ministry of Territorial Organization, Construction and Urban Development.

At the level of federal lands, on the basis of the Land Law "On Planning", a land program for territorial organization is being developed, which sets out the main provisions of the spatial organization and development of the federal land.

The regional level (as part of federal states) is intermediate between land and municipal planning. On the one hand, regional planning must concretize the main goals formulated by planning authorities at the ground level. On the other hand, its task is to coordinate planning decisions taken by individual communities and bring them into line with land planning objectives. Regional planning is carried out with the help of regional planning unions, within which there are balanced economic and social ties.

Local planning is the lowest level in the German planning system, which is the responsibility of local government. In local planning, a distinction is made between planning the development of municipalities and the long-term development of urban planning. The purpose of municipal planning is to plan the community comprehensively. Development plan municipality establishes the scope of authority when implementing activities, exercises control in accordance with the assigned tasks.

Long-term urban planning is a community-level strategy for building on its territory. It is legalized in the federal code of construction laws for the territory of Germany.

On December 15, 2006, a new phase of federalism reform started in Germany. The search for a more effective model of federalism is complicated in Germany by a number of factors, including the aggravation of contradictions between poor and rich states, the presence of competing projects of major political parties and the needs of European federalism, which is forced to take into account both the experience of states with centralized government (England and France), and the experience of federations (Germany).

Executive power in Germany is exercised Chancellor, Government and President .

Federal Government of Germany consists of the Federal Chancellor and federal ministers.

The government is formed after the election of members of the Bundestag, who in turn elect the Chancellor, who takes a direct role in forming the cabinet of ministers. Ministers are appointed by the President on the proposal of the Chancellor.

The Government is directly dependent on the Bundestag and is responsible to it: the Bundestag can pass a vote of no confidence in the Government in the person of the Chancellor, which ultimately leads to the resignation of the Chancellor and the Government.

On the other hand, the Chancellor can raise the question of confidence in the Bundestag and if he does not receive a majority of votes, the President can dissolve the Bundestag and the Government resigns early. In addition, the Bundestag may be dissolved by the President if, in the final round of elections, the Bundestag does not approve the candidate for the post of Chancellor nominated by the President.

The functions of the Government include :

Implementation of laws adopted by Parliament;

Planning the political development of the country;

Implementation guide state affairs as well as other issues;

Control over the activities of government bodies in the lands;

The Bundestag has the right to delegate legislation to the Government :

The government has the right to issue general regulations;

The government has the right to issue regulations to implement laws;

The government has the right to issue regulations that have the force of laws, but only on specific issues and with the consent of the Bundestag.

The government has the right of legislative initiative .

The government has been in power for 4 years. However there is cases of early termination of his authority :

In connection with the resignation or death of the Federal Chancellor;

Since the approval of the new Bundestag;

As a result of the vote of no confidence expressed by the Bundestag in the Federal Chancellor;

If the Bundestag rejects the question of confidence raised by the Federal Chancellor and the dissolution of the Bundestag by the President.

Thus, the fate of the Government largely depends on the Chancellor, and his resignation means the resignation of all federal ministers, and thereby the entire Government.

Three-tier system of executive authorities :

-Ministries, endowed with political functions;

-Departments middle management having supervisory functions;

-Departments of the bearing unit performing purely executive functions. Ministers appointed by the President on the proposal of the Chancellor. Ministers act independently within the framework of their competence and are responsible for this to the Chancellor, who can dismiss them.

Chancellor occupies a special position in the system of executive authorities, which is why the Federal Republic of Germany is often called a “chancellor’s” republic. In fact, the Chancellor is the head of the executive branch, since he heads the Government, forms its composition, and also has the right to dismiss ministers. The President takes a mediating role between the Chancellor and the Government, since without the approval of the President the Chancellor has no right to appoint ministers. The most significant power of the President is that he nominates a candidate for the post of Chancellor to the Bundestag. And if in the final round the candidate does not receive a majority of votes, then the President has the right to dissolve the Bundestag. In reality, this right is formal and in practice there have been no such cases. The President is in stable contact with the party that won the elections. That is why he nominates a candidate for the post of head of the Government and the leader of the winning party becomes Chancellor. Voting on this candidate can take place in three rounds. If the candidate receives an absolute majority of the votes of the members of the Bundestag, the President appoints him to the post of Chancellor.

The functions of the Chancellor include :

Determination of the main directions of domestic and foreign policy;

Forms the Government;

Manages the work of the Government;

Dismisses ministers and other issues;

The president The Federal Republic of Germany is elected by the Federal Assembly through indirect elections for a period of 5 years. As a rule, the winning party nominates a candidate for the post of head of state.

A person who has reached the age of 40 and has passive voting rights can become president. Elections are held in 3 rounds: the first two rounds require an absolute majority of votes, and the third - a relative majority.

The President can exercise his functions for two consecutive terms. The President cannot be a member of Parliament, the Government, or the Landtag of the Lands; he also cannot hold another paid position.

The powers of the President include :

Signing federal laws;

Nominates a candidacy for the post of Federal Chancellor;

Appoints ministers;

Appoints judges.

Moreover, these and many other powers require the countersignature of the Chancellor. But a countersignature is not required in 2 cases: for the act of dismissal of the Chancellor and for the dissolution of the Bundestag. There is a procedure for removing the President from office. To do this, it is necessary for the Bundestag and the Bundesrat to bring charges against and send it to the Constitutional Court.

German politics

Stepan Babkin 2008-09-10 ~4 minutes 68933 12

The German political system is not easy to understand. This is not a “vertical of power” for you. After the unification of the Federal Republic of Germany and the German Democratic Republic, the system of government was left Western, that is, the one that the Americans established after the war. As a result, a system emerged that even many Germans do not really understand.

To begin with, I will describe the structure of Germany as a state. Germany consists of 16 states. The lands are something like autonomies, which are not always directly subordinate to the capital of Germany - Berlin. The role of the capital is generally quite small. Only legislative bodies, that is, parliament, are located there. No one would even think of going to Berlin to succeed in business or work. For this there is Munich or Frankfurt.

The founding year of the Federal Republic of Germany is considered to be May 24, 1949. But in reality, present-day Germany arose on October 3, 1990, when the GDR became part of the Federal Republic of Germany. This day is now a public holiday.

The Federal Republic of Germany is a parliamentary, democratic, legal and social state, where each federation is a small republic. After all, each individual land has its own constitution. However, the main constitution is still a set of main laws of the country. In other words, everything that is not described in the constitution of a country can be described in the constitution of a particular state. For example, the constitution of some states still has the death penalty, although in the country of Germany the death penalty supposedly does not exist.

The nominal head of state is the president. But he has only representative functions and does not influence the country's politics. The president is elected for a five-year term at a state congress of all parties in Germany that have representation in the national or state parliament. Actually, the election of the president is the only task of the state congress. The last convention was attended by 1,205 people, and for the first time they elected a president for a second term. This honor was given to Horst Kohler. Next elections should take place on May 23, 2009, and so far the favorite in the fight for the post is considered to be a woman - Gesine Schwan. But in fact there is something to fight for, because the annual salary of the Bundes President is 199,000 €.

The real power in Germany belongs to the Bundes Chancellor, the head of government. He is elected by parliament. And ordinary burghers influence this choice only indirectly, by voting in party elections. But the candidate for chancellor is proposed by the Bundes President. That is, people elect parliament, and the president proposes candidates for the head of government to the deputies.

The elected chancellor appoints the cabinet of ministers. This is how the German government is formed. Because of this system, Germany is sometimes called Chancellor-Democratic, because the country is ultimately ruled by people personally chosen by the Chancellor.

Unlike the President, the Bundes Chancellor is elected by next term Often. Helmut Kohl ruled the country for the longest time, from 1982 to 1998, 16 years in a row. The Chancellor of Germany receives €240,000 per year.

The Reichstag building on the Republic Square in Berlin - the inscription "To the German people"

The German parliament is called the Bundestag. As I already said, this is the only German popularly elected government body. He is elected for four years. On this moment There are 612 representatives from all 16 German states in the German parliament. The parliament has its own Bundestag president, or, by analogy with the Russian parliament, a speaker. At the moment it is Norbert Lammert. The Bundestag is the legislative body that can change the constitution. In addition, the German parliament concludes international treaties, adopts the German budget and controls the Bundeswehr - the German army.

There is also such a body as the Bundesrat. This is something like a council of federations, where each land has a constant number of representatives, from 3 to 6. The number of state representatives of the Bundesrat depends on the population of the land. The Bundesrat is an advisory body and is called upon to protect the interests of the states not only in Germany itself, but also in the European Union.

It remains only to talk about German political parties. At the moment, there are two most influential parties in Germany: the SPD (SPD) and the CDU/CSU (CDU/CSU). The previous chancellor and concurrently V.V. Putin’s best friend was Gerhard Schröder, leader of the Social Democratic Party of Germany. Traditionally, the Germans call this party “Reds”. The second strong party was formed from the Bavarian Christian Democratic Union and its fraternal Christian Socialist Union, their traditional colors- "black". At the moment, both leading parties have united in parliament into one coalition.

After Germany's defeat in World War II and the surrender of Hitler's army, German territory was occupied by the troops of four allied states: the USSR, the USA, England and France. According to the decision Potsdam Conference(July 17 - August 2, 1945) the country was divided into 4 occupation zones. Management was carried out by the Union Control Council. Krasheninnikova N. A. History of state and law foreign countries. Part 2. Textbook for universities. 2nd edition. - M.: publishing group NORMA - INFA M, 2004. - p. 236. In January 1947, the British and American occupation zones merged into Bisonia.

Later, in July 1948, by order of the Western occupying powers, a separate state was created on their territory. On August 1, 1948, the French occupation zone and the Anglo-American one merged into Trizonia and on September 1, the Western powers approved the Parliamentary Council. The Council consisted of 65 deputies elected by the Landtags of the states, and 5 representatives from West Berlin with an advisory vote. In May 1949, they developed a Constitution for West Germany, which included the territories of the three western occupation zones.

On May 8, 1949, the Parliamentary Council, meeting in Bonn, adopted the draft Basic Law and submitted it to the state parliaments for ratification ( representative bodies lands).

Between 18 and 21 May 1949, the parliaments of all states except Bavaria approved the draft Constitution. When adopted, this act was called the Basic Law and was considered temporary: it was believed that the constitution would be adopted for all of Germany after its split was overcome.

The new Constitution of the Federal Republic of Germany came into force on May 23, 1949. This is considered the day of the founding of the Federal Republic of Germany.

In accordance with the Potsdam Agreement, the eastern part of Germany: the lands of Brandenburg, Mecklenburg, Thuringia, Saxony, Saxony-Anhalt was occupied by the USSR. To manage the eastern part of Germany, a special body of the Soviet military administration in Germany, SVAG (Soviet Administration of Military Germany), was created.

The Socialist Unity Party of Germany (SED), which was formed in April 1946 as a result of the merger of the communist and social democratic party organizations, was involved in government activities. In September-October 1946, elections were held throughout East Germany to local governments and state parliaments - Landtags (legislative bodies of the states). The SED received more than 50% of the votes general elections and 47% in elections to the Landtags.

Also, the eastern part of Germany underwent socialist reforms: the property of monopolies was confiscated, agrarian reform. The focus was on the collectivization of agriculture.

In March 1947, the German People's Congress of East Germany determined the future fate of the state. He elected the German People's Council and instructed it to develop a constitution for the future GDR.

On October 7, 1949, the People's Council announced the introduction of a new constitution and the creation of the German Democratic Republic as an independent state. At the same time People's Council reformed itself as the Provisional People's Chamber of the GDR.

Already, the Provisional People's Chamber adopted the law on the formation of the provisional government of the GDR and its formation was entrusted to Otto Grotenwohl, who was nominated for the post of Prime Minister of the SED faction.

On September 7, 1949, the Bundestag was constituted and a coalition government was formed led by Konrad Adenauer from representatives of the Christian Democratic Union (CDU), the Christian Social Union (CSU), the Free Democratic Party and the German Party, which completed the state split.

The SED and the Soviet military administration collaborating with it were completely convinced that only a complete break with the past, based on the dominance of capitalism, could provide a guarantee for the future that German imperialist aggression would not be repeated.

The leadership of the GDR, when creating a separate state, pursued the main goal - to prevent new war in Europe. In area internal development The GDR needed to become a socio-political alternative to the imperialist Federal Republic of Germany.

State system of Germany

The new constitution of the Federal Republic of Germany came into force on May 23, 1949. This is the fourth Constitution in German history (three constitutions were adopted in 1849-1919). The Basic Law was developed by a commission of German jurists who acted on the instructions of the prime ministers of the West German states, elected by the Landtags (the legislative, usually unicameral, body of each state), but also subordinate to the governors of the three occupation zones, which were under the control of Great Britain, the United States, and France.

Governors were appointed by the victorious powers after the defeat of Hitler's Germany. The German Constitution rejected the previous fascist order and was based on the principles of universal human values: democracy, equality of separation of powers, justice. All power came from the people, who exercised it through elections and various types of voting, as well as through special bodies - legislative, executive and judicial. Baglay M.V. Constitutional law of foreign countries. - M.: “Norma”, 2000. - p. 485.

The Federal Republic of Germany is built on the principles of federalism. It was formed from 10 lands, independent in their budget and independent of each other. Each of the lands had its own Landtag and its own government, which had significant autonomy.

Legislative power belonged to the Bicameral Parliament: the Upper House - the Bundesrat (Union Council), the lower - the Bundestag. The Bundesrat, in its tasks and position, was an independent supreme federal body, which managed its own affairs, was not subject to supervision by another body and was not bound by any directives. It elected its chairman for a period of one year. He regulated his work with regulations. Likewise, the Bundesrat conducted its own affairs; had an independent budget within the federation, its chairman was the head of the service department of officials in the Bundesrat. The Bundesrat did not consist of members elected by the people, but of representatives appointed and recalled by the state governments. The Bundesrat expressed the interests of the constituent entities of the federation. The number of members that each state could send to the Bundesrat was determined by the number of votes of that state. Each land had at least 3 votes; lands with a population of up to 2 million people have 3 votes, from 2 to 6 million - 4 votes, and over 6 million - 5 votes. The Bundesrat had 41 voting members.

The Bundestag was elected by the entire people of Germany and consisted of 496 members. He was also not subject to supervision by another authority and was not bound by any orders. The Bundesrat itself elected its chairman, his deputies and secretaries. He himself determined his organization and procedure with the help of regulations - an autonomous charter.

Half of the deputies were elected in the districts using a majority system of relative majority through direct voting. The other half is based on party lists nominated in each land according to a proportional system. Each voter in Germany was given two votes. The first is for elections of a deputy in an electoral district, the second is for elections according to land lists. The party that received less than 5% of the second votes shared representation in parliament.

If the organization of the Bundestag can be attributed to the classic type of bourgeois parliamentary chamber - it has a chairman, a chamber bureau, commissions, its deputies are united in factions, then the Bundesrat has specific features. It is characterized by the principle of coordinated voting, i.e. the votes of the representatives of the states are cast as one vote. Its members had an imperative mandate. Land governments told their representatives how they should vote on issues under discussion.

The system of central government bodies was based on the principle of separation of powers.

According to the constitution, the head of the Federal Republic of Germany and the head of the executive branch was the Federal President, who was elected for a 5-year term by a specially assembled Federal Assembly, a body that consists of members of the Bundestag and the same number of members elected by the Landtags of the states on the basis of proportionality. Every German who had active voting rights and had reached the age of 40 could be elected. The President could participate in government meetings and could, in some cases, dissolve the Bundestag. However, most presidential acts required mandatory countersignature from the Federal Chancellor or the relevant minister.

Real executive power was concentrated in the Government, and especially in the hands of its chairman, the Chancellor. The candidacy of the chancellor is proposed by the president. He is then elected by a majority vote of the Bundestag. The Chancellor appoints and dismisses ministers, determines the internal and foreign policy states. He is the only minister constitutionally responsible to the Bundestag.

The federal government has the power to issue regulations to implement federal laws, as well as issue general administrative regulations. The government is actively involved in the legislative process. It has the right to propose to the President of the Republic, with the consent of the Bundesrat, to declare a state of legislative necessity. The Bundestag is thus excluded from passing laws.

The Constitution established a complex procedure for passing no confidence in the government. The Chancellor can only be removed by electing a new Chancellor.

In the system of central government agencies In Germany, a special place was occupied by the Federal Constitutional Court, consisting of two senates of 8 judges each. Judicial power is concentrated within its competence. The members of the court are elected in equal numbers by the Bundestag and the Bundesrat.

The Constitutional Court has broad competence - interpretation of the Constitution, verification of compliance of federal law and the laws of the lands with the basic law, consideration of constitutional and legal conflicts between the Federation and the lands or between different lands in cases of divergence of opinions about the rights and obligations of the Federation and the lands, resolution of disputes of a public law nature between the Federation and the lands or within the same land, consideration of issues of consistency in the form and content of land law with the Basic Law or other federal law. The court can also overturn parliamentary laws if they do not comply with the Basic Law.

By 1960, the party political system of Germany consisted of three parties. Its peculiarity was that two main political organizations acted as parties forming the government: the Social Democratic Party of Germany (SPD) and a bloc of two clerical Christian parties - the Christian Democratic Union (the CDU exists in all states of Germany except Bavaria ) and the Christian Social Union (CSU, operating within the same state of Bavaria). The third bourgeois-liberal Free Democratic Party (FDP) was part of the government as a “junior partner”, a balance of power.

The three-party West German model could only be called conditionally, since the parties were unequal to each other.

State system of the GDR

The People's Chamber was proclaimed the highest authority in the Constitution. It consisted of 400 deputies, 100 deputies and 66 representatives of the city of Berlin with advisory voting rights. Deputies were elected for 4 years through universal, direct and equal elections by secret ballot. The People's Chamber elected its Presidium, in which each faction was represented, numbering at least 40 deputies. The Chamber established the principles of government policy, approved the composition of the government, exercised control over the activities of the government and its recall, managed and controlled all activities of the state, made decisions on state budget, national economic plan, etc. The state government was carried out by the Chamber of Lands, which was elected by the Landtags of the states. The Chamber of Lands received limited rights: it could protest against a law adopted by the People's Chamber within 14 days, but the final decision belonged to the latter.

The election of the President was within the competence of both chambers. The scope of the President's powers was quite narrow. He was elected for 4 years, represented the republic in international relations, received diplomatic representatives, exercised the right of pardon together with the People's Chamber, etc. SED representative Wilhelm Pieck was elected as the first president.

The Government was proclaimed the highest body of executive power. It was formed by a representative of the faction that was the strongest in the People's Chamber. The People's Chamber approved the composition of the government and its program. The government was responsible to the House of the People.

In 1949, the first elections to the People's Chamber of the GDR took place. They were carried out on the basis of a common electoral program with common lists of candidates of the National Front of Democratic Germany.

In 1952, the historical division of the country into lands was eliminated and a new administrative-territorial division of the GDR was established into 14 districts and 217 districts. The Chamber of Lands and the Landtags of the states were abolished. Local power began to be exercised by district and district assemblies, which elected their own councils (executive authorities).

In 1952, at the SED conference, it was decided that the German Democratic Republic would be a socialist state in the future and would follow the socialist path. 16 years after this, the new constitution of the GDR in 1968 declared the victory of socialist production relations.

The new Constitution expanded the scope of constitutional regulation of the socio-political system. It established the principles of organization and functioning of political systems, interaction of parties, public organizations, labor collectives. Marxist-Leninist communist workers' parties were consolidated as the main political institutions and recognized as the only “guiding and directing force” of social and state life. The constitution also recognized a multi-party system and emphasized the importance of mass socio-political associations and popular movements.

Public ownership (state (national) and cooperative) and national economic planning were indicated as the economic basis of a socialist society. In the system of government bodies, the President of the GDR was replaced by the State Council, which was headed by the Chairman. A wide range of rights and freedoms of citizens and universal suffrage were established. The deprivation was canceled voting rights according to the court. In the new version of the 1974 constitution, the GDR was proclaimed “an integral part of the socialist commonwealth,” and allied relations with the USSR were declared “eternal and indestructible.”

Formally, in accordance with the Constitution, the GDR was one of the most democracies in the world. No law could come into force outside the People's Chamber, whose activities were regulated by rules taking into account the best traditions of German parliamentarism. A carefully developed electoral system created the preconditions for identifying the will of the majority of the population.

The main political party of the GDR was the Socialist Unity Party of Germany (SED). She represented the working class and defended its interests. Other segments of the population were recognized to defend the four parties: federal democratic Germany constitution

• - Christian Democratic Union (CDU);
• - Liberal Democratic Party of Germany (LDPD);
• - Democratic Peasant Party of Germany (DKPD);
• - National Democratic Party of Germany (NDPD).

The multi-party system was also predetermined by the fact that a single youth organization The GDR was not formally tied to the SED, but united in its ranks young people of different beliefs and religions.

The trade unions of the GDR (Association of Free German Trade Unions, OSNP), which had considerable influence, represented almost all the workers of the republic.

However, the democratic decorations remained only a disguise for the absolute dictatorship of a narrow group of people representing the “party-state leadership” of the republic, but in fact one person who headed the ruling SED and the state it created.

Regardless of constitutional norms, all party bodies decided, and other authorities only confirmed what had already been decided. But the most important thing that caused general rejection was the presence everywhere of the Ministry of State Security (MGB), whose agents penetrated literally everywhere.