Federal Law: The German Legislative Process
The Legislative Process.
Federal law states that legislative power is subject to constitutional, executive, and judicial law. The legislative procedure gives absolute primacy to the Bundestag. The Bundesrat provides management expertise, and the Government provides specific knowledge of the materials, along with accompanying and supporting agencies. Closing the cycle is the Federal President, who is responsible for the sanction of laws.
As shown, legislative power is a monopoly of the Bundestag. This exclusive authority is exercised in relation to the people, the Federal President, and the Federal Government.
The federal laws of the Bundestag are agreed upon, and the Chairman passes them to the Bundesrat without delay following their adoption. It is through the Bundesrat that the Länder contribute to the legislation of the Federation.
The legislative process begins with the presentation of the bill in the Bundestag. The right of initiative belongs to the Government, Members of Parliament (minimum of 15), and the Bundesrat.
- Bills of the Federal Government must first be sent to the Bundesrat, which may decide on them (not mandatory) within six weeks. Then, they are returned to the Government, which may or may not take the findings into account. Subsequently, the Government introduces the bill in the Bundestag.
- Bills of the Bundesrat are sent to the Bundestag by the Federal Government, which must return them within three months, necessarily accompanied by its opinion.
In the Bundestag, three readings of bills are held (deliberation, review by the relevant committee, and voting). Since its adoption, the draft becomes law, but it can still be rejected if the Bundesrat refuses final approval.
Once the law has been submitted and approved in the Bundestag (after the third reading), the legislative procedure in the Bundesrat starts.
- In the case of a bill to amend the Constitution, a majority of 2/3 of the votes is required, as in the Bundestag.
- Laws that do not involve constitutional changes but would affect the basic principles of management of the Federation, and adoption laws, necessarily require the consent of the Bundesrat.
Over other laws, the Bundesrat can only raise an objection within two weeks of their submission. Within three weeks of the filing of the bill in the Bundesrat, the latter may demand the convening of a mediation committee, formed under the joint rules adopted by both houses, with 16 members each. This Committee will be responsible for the joint discussion of the bill and may provide for the maintenance, change, or abolition of the law. A change or withdrawal requires a new decision by the Bundestag, which must again pass the Bundesrat. If retained, it will go directly to the Bundestag. If, after going through the Mediation Committee, the Bundesrat rejects the law again, it will be permanently removed.
In legislation that does not state the approval of the Bundesrat, once the proceedings before the Mediation Commission are complete, a challenge to the law agreed upon by the Bundestag may be filed within two weeks. The challenge only has the effect of delaying approval. A simple majority of the Bundestag can remove the challenge. For the challenge of the Bundesrat to be valid, it must also be approved by a simple majority. If the challenge obtains at least a two-thirds majority, the rejection of the Bundestag requires the same majority; if not achieved, the law will not be approved.
Projects adopted by the Bundestag are transformed into law if approved by the Bundesrat, provided that they do not convene the Mediation Committee, if there is no challenge, or when the challenge is rejected by the votes of the Bundestag.
Subsequently, the laws are endorsed by the Chancellor or by the competent ministers and promulgated by the Federal President. They are then published in the Journal of Laws of the Federation and come into force, barring any other date, 14 days after publication.