Function and Composition of the German Bundesrat

Posted on Mar 28, 2025 in Law & Jurisprudence

Moreover, the multitude of decisions to be undertaken by the State means that much scrutiny occurs subsequently, greatly reducing the ability to influence it. Furthermore, current parliamentary control of the government, specifically the communication of government (and opposition) policy to the public, depends heavily on the media. It can even be concluded that the real work of controlling the government’s executive outcomes falls primarily to the media, with citizens exercising control only indirectly.

Formation of Public Will

A similar situation exists regarding control. Plenary discussions should serve to present different solutions to the country’s problems. However, the peculiarities of the party system, the growing complexity of public affairs, and a deep crisis of credibility and affiliation with political parties create a scenario where public trust in Parliament is constantly decreasing.

The German Bundesrat (Federal Council)

Along with the Bundestag (Federal Diet), the Federal President, the Federal Government, and the Constitutional Court, the Bundesrat is one of the five constitutional bodies of the Federal Republic of Germany (FRG). Its decisions affect not only the Länder (states) but the entire Federation. The Länder existed before the approval of the Basic Law (Grundgesetz), signaling the importance of the federal model in the German political system. Consequently, the Bundesrat’s role is also very significant.

The Bundesrat is constituted as a unique body, differentiated from the regional chambers of other countries, mainly because of its purely federal nature. Therefore, it cannot be described simply as a second chamber. Its members are not elected by the state assemblies (Landtage) or by the people of the Länder, but are appointed directly by the respective state governments. This appointment method prevents the Bundesrat from having the same electoral basis as the Bundestag (unlike the situation in some countries, such as Spain). This method aims to shift the focus of debate away from party politics and towards issues directly concerning the Länder, countering potential centralizing tendencies of the federal state.

Bundesrat members represent the views of their state governments, not their personal opinions. They cease to be members if they leave their state government. This logic is necessary because state governments are collegial bodies; their representatives in the Bundesrat must reflect the government’s position, not personal views.

It currently consists of 69 members. Its composition blends the principle of representation proportional to population with the federal principle of representation for constituent parts (though not strictly equal like the US Senate). Thus, according to the Basic Law, each Land has at least three votes. Länder with more than two million inhabitants have four votes, those with more than six million have five votes, and those with more than seven million inhabitants have six votes.

Powers and Functions of the Bundesrat

The Bundesrat has several key powers and functions:

  • The right to initiate legislation.
  • The power to veto certain laws (Zustimmungsgesetze or Consent Laws). These are laws requiring approval by an absolute majority in the Bundesrat, typically concerning subjects directly affecting the Länder. They mainly include:
  • Laws amending the Constitution.
Laws relating to the financial matters of the Länder. Laws affecting the organization and administrative procedures of the Länder. Participating with the Bundestag in deciding regulations for joint sessions. The right to review all draft laws prepared by the Federal Government, with a six-week period for consideration. Exercising control over the Federal Government. The government has the right to be heard by the Bundesrat and the obligation to attend its meetings and committees and keep it informed. This function involves the Permanent Advisory Council (Ständiger Beirat) which maintains liaison between the Bundesrat and the Federal Government. Participating equally with the Bundestag in the Federal Convention (Bundesversammlung), which is responsible for electing the Federal President. Members of the Federal Convention include all members of the Bundestag and an equal number of delegates elected by the state parliaments based on proportional representation.