German Federal Government: Chancellor, Ministries & Judiciary
German Federal Executive & Administration
Chancellor’s Political Role
It should be remembered, however, that the Chancellor’s position of preeminence also entails political obligations beyond constitutional duties. The Chancellor must safeguard the balances required by their position within the party. Therefore, in appointing Ministers and other officials, they must consider proportional distribution among different party wings, the various Länder, pressure groups, genders, religions, and so on, at the risk of creating instability among their own supporters. Furthermore, the existence of coalition governments and the collegial nature of the government influence the Chancellor’s role, as does the personality of the individual holding the position.
Federal Ministries & Civil Service
All the officials working in various federal ministries number approximately 25,000 people (not to be confused with the total number of public sector employees, which is about 3,500,000). Recruitment for these positions remains largely dominated by lawyers, as most senior roles require a law degree. The organization adheres to the principles of federalism; thus, the Länder and municipalities primarily carry out administrative work on behalf of the Republic. The internal structure is hierarchical, with the Minister at the top. Below the Minister are the Secretaries of State (between one and three) and the Directors General of the Ministry, both political positions that change with a new government. The rest of the organization is considered professional civil service.
Federal-Länder Government Relations
Two particular aspects regarding the relationship between the Federal Government and the Länder governments are worth noting:
- The governments of the Länder often serve as training grounds, selecting elites for the Federal Government and the Bundestag. Individuals can demonstrate their capabilities and public support within their Land before taking on responsibilities for the entire country.
- The existence of different governing coalitions in the various Länder, and the freedom to form partnerships different from those at the federal level, fosters consensus-building exercises that facilitate subsequent agreements for the Republic.
The German Judiciary
Constitutional Basis & Independence
Title IX of the Basic Law governs the judiciary as the third branch of government under the rule of law tradition. It states that judges are independent and subject only to the law. Legislative power is bound by the constitutional order, and the executive and judiciary are bound by law and justice. The subjection of all state powers to the law, and the authority of the Federal Constitutional Court to declare laws unconstitutional (and thus invalid), are key elements of the German rule of law, clearly assigning judicial functions exclusively to judges. The judicial role (adjudicating and enforcing judgments) belongs to the judges.
Federal & Länder Court System
As in other areas, the administration of justice in Germany is divided between the Federation and the Länder, to the extent that the individual Länder even have their own Constitutional Courts. As stated in Article 92 of the Basic Law: judicial power is vested in the judges and exercised by the Federal Constitutional Court, the federal courts provided for in this Basic Law, and the courts of the Länder. To manage this complex division of responsibilities, the general rule is that the Länder handle cases in the first and second instance, with the final appeal typically reserved for the Federation.
Judicial Protections & Qualifications
Following the provisions of the Basic Law, judges’ independence is paramount. To ensure their personal independence, judges are appointed on a permanent basis and may not be dismissed, suspended, transferred, or retired against their will, except as provided by law. In return, besides mandatory adherence to the law, they must maintain conduct that does not compromise their independence, although this does not preclude membership in political parties. Offenses by a judge against the Basic Law or the constitution of a Land can only be sanctioned by the Federal Constitutional Court, further guaranteeing their independence. Given their functions, judges must possess training commensurate with their responsibilities. Professional qualification is typically established after passing two state examinations.