Bundestag

German Bundestag
Federal Diet

Deutscher Bundestag
19th Bundestag
Coat of arms or logo
History
Established 1949
Preceded by Reichstag 1933–1945
Volkskammer (East Germany) 1949–1990
Leadership
Wolfgang Schäuble, CDU
Since 24 October 2017
Thomas Oppermann, SPD
Since 24 October 2017
Hans-Peter Friedrich, CSU
Since 24 October 2017
Vacant, AfD
Wolfgang Kubicki, FDP
Since 24 October 2017
Petra Pau, The Left
Since 7 April 2006
Claudia Roth, Alliance 90/The Greens
Since 22 October 2013
Structure
Seats 709
Political groups

Government (399)

Opposition parties (310)

Elections
Mixed-member proportional representation (MMP)
Last election
24 September 2017
Next election
Next
Meeting place
Reichstag building
Mitte, Berlin, Germany
Website
www.bundestag.de
This article is part of a series on the
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Southeaster corner of Bundestag.
Southeaster corner of Bundestag.

The Bundestag (German pronunciation: [ˈbʊndəstaːk], "Federal Diet") is the German federal parliament. It can be compared to the lower house of parliament along the lines of the United States House of Representatives, the Irish Dáil Éireann or the House of Commons of the United Kingdom, with the Bundesrat, though a separate institution, having a similar role to the upper house of a bicameral parliament.

The Bundestag was established by chapter III of the Basic Law for the Federal Republic of Germany[1] (Constitution) in 1949 as one of the legislative bodies of Germany and thus the historical successor to the earlier Reichstag.

Since 1999 it has met in the Reichstag Building in Berlin. Wolfgang Schäuble is the current President of the Bundestag. Members of the Bundestag (Mitglieder des Bundestages) are usually elected every four years by all adult German citizens in a mixed system of constituency voting and list voting. The constitutional minimum number of seats is 598; with overhang and leveling seats there are currently 709 seats. The Election Day can be called earlier than four years after the last if the Federal Chancellor (Bundeskanzler) loses a vote of confidence and asks the Federal President (Bundespräsident) to dissolve the Bundestag in order to hold new general elections.

In the 19th century the name Bundestag was the unofficial designation for the assembly of the sovereigns and mayors of the Monarchies and Free Cities which formed the German Confederation (1815–1866). Its seat was in the Free City of Frankfurt on the Main.

History

With the dissolution of the German Confederation in 1866 and the founding of the German Empire (Deutsches Reich) in 1871, the Reichstag was established as the German parliament in Berlin, which was the capital of the then Kingdom of Prussia (the largest and most influential state in both the Confederation and the empire). Two decades later, the current parliament building was erected. The Reichstag delegates were elected by direct and equal male suffrage (and not the three-class electoral system prevailing in Prussia until 1918). The Reichstag did not participate in the appointment of the Chancellor until the parliamentary reforms of October 1918. After the Revolution of November 1918 and the establishment of the Weimar Constitution, women were given the right to vote for (and serve in) the Reichstag, and the parliament could use the no-confidence vote to force the chancellor or any cabinet member to resign. In March 1933, one month after the Reichstag fire, the then President of the German Reich, Paul von Hindenburg, a retired war hero, gave Adolf Hitler ultimate power through the Decree for the Protection of People and State and the Enabling Act of 1933, although Hitler remained at the post of Federal Government Chancellor (though he called himself the Führer). After this the Reichstag met only rarely, usually at the Krolloper (Kroll Opera House) following the Reichstag fire starting in 1933 to unanimously rubber-stamp the decisions of the government. It last convened on 26 April 1942.

With the new Constitution of 1949, the Bundestag was established as the new West German parliament. Because West Berlin was not officially under the jurisdiction of the Constitution, a legacy of the Cold War, the Bundestag met in Bonn in several different buildings, including (provisionally) a former water works facility. In addition, owing to the city's legal status, citizens of West Berlin were unable to vote in elections to the Bundestag, and were instead represented by 22 non-voting delegates[2] chosen by the House of Representatives, the city's legislature.[3]

The Bundeshaus in Bonn is the former parliament building of Germany. The sessions of the German Bundestag were held there from 1949 until its move to Berlin in 1999. Today it houses the International Congress Centre Bundeshaus Bonn and in the north areas the branch office of the Bundesrat ("Federal Council", upper house of the German Federal Parliament representing the Länder – the federated states). The southern areas became part of German offices for the United Nations in 2008.

The former Reichstag building housed a history exhibition (Fragen an die deutsche Geschichte) and served occasionally as a conference center. The Reichstag building was also occasionally used as a venue for sittings of the Bundestag and its committees and the Bundesversammlung (Federal Assembly), the body which elects the German Federal President. However, the Soviets harshly protested against the use of the Reichstag building by institutions of the Federal Republic of Germany and tried to disturb the sittings by flying supersonic jets close to the building.

Since April 19, 1999, the German parliament has again assembled in Berlin in its original Reichstag building, which was built in 1888 based on the plans of German architect Paul Wallot and underwent a significant renovation under the lead of British architect Sir Norman Foster. Parliamentary committees and subcommittees, public hearings and parliamentary group meetings take place in three auxiliary buildings, which surround the Reichstag building: the Jakob-Kaiser-Haus, Paul-Löbe-Haus and Marie-Elisabeth-Lüders-Haus.

In 2005, a small aircraft crashed close to the German Parliament. It was then decided to ban private air traffic over Central Berlin.

Tasks

The German Unity Flag is a national memorial to German Reunification that was raised on 3 October 1990; it waves in front of the Reichstag building in Berlin, seat of the Bundestag

Together with the Bundesrat, the Bundestag is the legislative branch of the German political system.

Although most legislation is initiated by the executive branch, the Bundestag considers the legislative function its most important responsibility, concentrating much of its energy on assessing and amending the government's legislative program. The committees (see below) play a prominent role in this process. Plenary sessions provide a forum for members to engage in public debate on legislative issues before them, but they tend to be well attended only when significant legislation is being considered.

The Bundestag members are the only federal officials directly elected by the public; the Bundestag in turn elects the Chancellor and, in addition, exercises oversight of the executive branch on issues of both substantive policy and routine administration. This check on executive power can be employed through binding legislation, public debates on government policy, investigations, and direct questioning of the chancellor or cabinet officials. For example, the Bundestag can conduct a question hour (Fragestunde), in which a government representative responds to a previously submitted written question from a member. Members can ask related questions during the question hour. The questions can concern anything from a major policy issue to a specific constituent's problem. Use of the question hour has increased markedly over the past forty years, with more than 20,000 questions being posed during the 1987-90 term. Understandably, the opposition parties are active in exercising the parliamentary right to scrutinize government actions.

Constituent service does also take place in the form of the Petition Committee. In 2004, the Petition Committee received over 18,000 complaints from citizens and was able to negotiate a mutually satisfactory solution to more than half of them. In 2005, as a pilot of the potential of internet petitions, a version of e-Petitioner was produced for the Bundestag. This was a collaborative project involving The Scottish Parliament, International Teledemocracy Centre and the Bundestag ‘Online Services Department’. The system was formally launched on 1 September 2005, and in 2008 the Bundestag moved to a new system based on its evaluation.[4]

Electoral term

The Bundestag is elected for four years, and new elections must be held between 46 and 48 months after the beginning of its electoral term. Unless the Bundestag is dissolved prematurely, its term ends when the next Bundestag convenes, which must occur within 30 days of the election.[5] Prior to 1976, there could be a period where one Bundestag had been dissolved and the next Bundestag could not be convened; during this period, the rights of the Bundestag were exercised by a so-called "Permanent Committee".[6]

Election

Members serve four-year terms, with elections held every four years, or earlier in the relatively rare case that the Bundestag is dissolved prematurely by the president. The Bundestag can be dissolved by the president on the recommendation of the chancellor if the latter has lost a vote of confidence in the Bundestag, if the recommendation is made and accepted before the Bundestag acts to elect a new Chancellor. This has happened three times: 1972 under Chancellor Willy Brandt, 1983 under Chancellor Helmut Kohl and 2005 under Chancellor Gerhard Schröder. The procedures for these situations are governed by Articles 67 and 68 of the Basic Law of the Federal Republic of Germany. The Law regarding the election procedure itself is the Federal Election Act 1956 (Bundeswahlgesetz/BWahlG)[7]

All candidates must be at least eighteen years old; there are no term limits. The election uses the MMP electoral system. In addition, the Bundestag has a minimum threshold of either 5% of the national party vote or three (directly elected) constituency representatives for a party to gain additional representation through the system of proportional representation. Thus, small minority parties cannot easily enter the Bundestag and prevent the formation of stable majority governments as they could under the Weimar constitution.

The most recent election, the German federal election, 2017, was held on 24 September 2017.

Distribution of seats in the Bundestag

Bundestag ballot: constituency vote on left, party list (showing top five list candidates) vote on right

Half of the Members of the Bundestag are elected directly from 299 constituencies (first-past-the-post system), the other half are elected from the parties’ Land lists in such a way as to achieve proportional representation for the total Bundestag (if possible).

Accordingly, each voter has two votes in the elections to the Bundestag. The first vote, allowing voters to elect their local representatives to the Bundestag, decides which candidates are sent to Parliament from the constituencies.

The second vote is cast for a party list; it determines the relative strengths of the parties represented in the Bundestag.

At least 598 Members of the Bundestag are elected in this way. Parties that gain more than 5% of the second votes or win at least 3 direct mandates are allocated seats in the Bundestag in proportion to the number of votes it has received (d'Hondt method until 1987, largest remainder method until the 2005 election, now Sainte-Laguë method).

In addition to this, there are certain circumstances in which some candidates win what are known as overhang seats when the seats are being distributed. If a party has gained more direct mandates in a Land than it is entitled to according to the results of the second vote, it does not forfeit these mandates because all directly elected candidates are guaranteed a seat in the Bundestag. The other parties are then compensated by getting additional seats as well, the balance seats, so proportionality is preserved.

Election result

The last Federal elections were held on Sunday, 24 September 2017, to elect the members of the 19th Bundestag.

The election saw the CDU/CSU win 33% of the vote, a drop of more than 8% and its lowest share of the vote since 1949, while the SPD achieved its worst result since the Second World War with just 20% of the vote. Alternative for Germany (AfD)—which was previously unrepresented in the Bundestag—became the third party in the Bundestag with 12.6% of the vote and a plurality of the vote in Saxony. No party won an outright majority in any state, including Bavaria, where the CSU often wins majorities and won a majority of the vote in 2013.

Party Constituency Party list Total
seats
+/–
Votes % Seats Votes % Seats
Christian Democratic Union (CDU)[lower-alpha 2]14,030,75130.218512,447,65626.815200−55
Social Democratic Party (SPD)11,429,23124.6599,539,38120.594153−40
Alternative for Germany (AfD)[lower-alpha 1]5,317,49911.535,878,11512.69194+94
Free Democratic Party (FDP)3,249,2387.004,999,44910.78080+80
The Left (DIE LINKE)3,966,6378.654,297,2709.26469+5
Alliance 90/The Greens (GRÜNE)3,717,9228.014,158,4008.96667+4
Christian Social Union in Bavaria (CSU)[lower-alpha 2]3,255,4877.0462,869,6886.2046−10
Free Voters589,0561.30463,2921.0000
Die PARTEI245,6590.50454,3491.0000
Human Environment Animal Protection22,9170.00374,1790.8000
National Democratic Party45,1690.10176,0200.4000
Pirate Party Germany93,1960.20173,4760.4000
Ecological Democratic Party166,2280.40144,8090.3000
Basic Income Alliance97,5390.200New
V-Partei³1,2010.0064,0730.100New
German Centre63,2030.100New
Democracy in Motion60,9140.100New
Bavaria Party62,6220.1058,0370.1000
AD-DEMOCRATS41,2510.100New
Animal Protection Alliance6,1140.0032,2210.100New
Marxist–Leninist Party35,7600.1029,7850.1000
Healthresearch1,5370.0023,4040.100New
German Communist Party7,5170.0011,5580.000New
Human World2,2050.0011,6610.000New
The Greys4,3000.0010,0090.000New
Bürgerrechtsbewegung Solidarität15,9600.006,6930.0000
The Humanists5,9910.000New
Magdeburger Garden Party2,5700.005,6170.000New
Alliance for Germany6,3160.009,6310.0000
you.7720.003,0320.000New
The Right1,1420.002,0540.000New
Socialist Equality Party9030.001,2910.0000
Bergpartei, die "ÜberPartei"6720.009110.000New
Party of Reason2420.005330.0000
The Violets – for Spiritual Politics2,1760.0000
Alliance C1,7170.000New
New Liberals8840.000New
The Union3710.000New
Family Party5060.0000
The Women4390.000New
Renter's Party1,3520.000New
Others100,8890.200
Independents2,4580.0000
Invalid/blank votes586,726460,849
Total46,976,34110029946,976,341100410709+78
Registered voters/turnout61,688,48576.261,688,48576.2
Source: Bundeswahlleiter

List of Bundestag by session

Seat distribution in the German Bundestag (at the beginning of each session)
Session Election Seats CDU/CSU SPD FDP GRÜNE1 DIE LINKE2 DP / AfD Others
Sonstige
1st1949 40213913152  17633
2nd1953 48724315148  15304
3rd1957 4972701694117
4th1961 49924219067
5th1965 49624520249
6th1969 49624222430
7th1972 49622523041
8th1976 49624321439
9th1980 49722621853
10th1983 4982441933427
11th1987 4972231864642
12th1990 66231923979817
13th1994 672294252474930
14th1998 669245298434736
15th2002 60324825147552
16th2005 614226222615154
17th2009 622239146936876
18th2013 6303111926364
19th2017 709246153806769922
  Parties in the ruling coalition

1 1983 to 1994 The Greens and 1990 to 1994 Alliance 90, since 1994 Alliance 90/The Greens
2 1990 to 2005 PDS (Party of Democratic Socialism), 2005 to 2007 The Left Party.PDS, since 2007 The Left
3 BP 17, KPD 15, WAV 12, Centre Party 10, DKP-DRP 5, SSW 1, Independents 3
4 GB-BHE 27, Centre Party 3

Seat distribution in the German Bundestag (at the beginning of each session). The graph shows not the absolute number of seats, but rather the relation of the number of seats a party has to the overall number of seats in that session, in percent. The colours stand for the following parties: Black: CDU/CSU, red: SPD, yellow: FDP, green: Greens, pink: PDS/Left Party, brown: German Party, grey: others.

Presidents since 1949

Presidents of the Bundestag
Name Party Beginning of term End of term Length of term
1 Erich Köhler* (1892–1958) CDU 7 September 1949 18 October 1950 1 year, 41 days
2 Hermann Ehlers** (1904–1954) CDU 19 October 1950 29 October 1954 4 years, 10 days
3 Eugen Gerstenmaier*** (1906–1986) CDU 16 November 1954 31 January 1969 14 years, 76 days
4 Kai-Uwe von Hassel (1913–1997) CDU 5 February 1969 13 December 1972 3 years, 312 days
5 Annemarie Renger† (1919–2008) SPD 13 December 1972 14 December 1976 4 years, 1 day
6 Karl Carstens§ (1914–1992) CDU 14 December 1976 31 May 1979 2 years, 168 days
7 Richard Stücklen (1916–2002) CSU 31 May 1979 29 March 1983 3 years, 363 days
8 Rainer Barzel*** (1924–2006) CDU 29 March 1983 25 October 1984 1 year, 210 days
9 Philipp Jenninger*** (1932-2018) CDU 5 November 1984 11 November 1988 4 years, 6 days
10 Rita Süssmuth (b. 1937) CDU 25 November 1988 26 October 1998 9 years, 335 days
11 Wolfgang Thierse (b. 1943) SPD 26 October 1998 18 October 2005 6 years, 357 days
12 Norbert Lammert (b. 1948) CDU 18 October 2005 24 October 2017 12 years, 6 days
13 Wolfgang Schäuble (b. 1942) CDU 24 October 2017 present 357 days

*resigned for medical reasons
**died in office
***resigned for political reasons
†first woman to hold the post
§ resigned when he became President of Germany

Organisation

The Marie-Elisabeth-Lüders-Haus, one of the official buildings of the complex, housing the parliamentary library

Parliamentary groups

The most important organisational structures within the Bundestag are parliamentary groups (Fraktionen; sing. Fraktion), which are traditionally formed by political parties represented in the chamber which incorporate more than 5% of the Bundestag legislators; CDU and CSU have always formed a single united Fraktion. The size of a party's Fraktion determines the extent of its representation on legislative committees, the time slots allotted for speaking, the number of committee chairs it can hold, and its representation in executive bodies of the Bundestag. The Fraktionen, not the members, receive the bulk of government funding for legislative and administrative activities.

The leadership of each Fraktion consists of a parliamentary party leader, several deputy leaders, and an executive committee. The leadership's major responsibilities are to represent the Fraktion, enforce party discipline, and orchestrate the party's parliamentary activities. The members of each Fraktion are distributed among working groups focused on specific policy-related topics such as social policy, economics, and foreign policy. The Fraktion meets every Tuesday afternoon in the weeks in which the Bundestag is in session to consider legislation before the Bundestag and formulate the party's position on it.

Parties which do not fulfill the criterion for being a Fraktion but have at least three seats by direct elections (i.e. which have at least three MPs representing a certain electoral district) in the Bundestag can be granted the status of a group of the Bundestag. This applied to the Party of Democratic Socialism (PDS) from 1990-1998. This status entails some privileges which are in general less than those of a Fraktion. In the current Bundestag, there are no such groups (the PDS had only two MPs in parliament until 2005 and could thus not even considered a group anymore; the party—now The Left—has now returned to the Bundestag with full Fraktion status).

Executive bodies

The Bundestag's executive bodies include the Council of Elders and the Presidium. The council consists of the Bundestag leadership, together with the most senior representatives of each fraktion, with the number of these representatives tied to the strength of the Parliamentary groups in the chamber. The council is the coordination hub, determining the daily legislative agenda and assigning committee chairpersons based on Parliamentary group representation. The council also serves as an important forum for interparty negotiations on specific legislation and procedural issues. The Presidium is responsible for the routine administration of the Bundestag, including its clerical and research activities. It consists of the chamber's president (usually elected from the largest fraktion) and vice presidents (one from each fraktion).

Committees

Most of the legislative work in the Bundestag is the product of standing committees, which exist largely unchanged throughout one legislative period. The number of committees approximates the number of federal ministries, and the titles of each are roughly similar (e.g., defense, agriculture, and labor). There are, as of the current eighteenth Bundestag, 23 standing committees. The distribution of committee chairs and the membership of each committee reflect the relative strength of the various Parliamentary groups in the chamber. In the current eighteenth Bundestag, the CDU/CSU chaired twelve committees, the SPD seven, The Left (Die Linke) two, and the Greens (Bündnis 90/Die Grünen), two. Members of the opposition party can chair a significant number of standing committees (e.g. The budget committee is always chaired by the biggest opposition party). These committees have either a small staff or no staff at all.

Principle of discontinuation

As is the case with some other parliaments, the Bundestag is subject to the principle of discontinuation, meaning that a newly elected Bundestag is legally regarded to be a body and entity completely different from the previous Bundestag. This leads to the result, that any motion, application or action submitted to the previous Bundestag, e.g. a bill referred to the Bundestag by the Federal Government, is regarded as void by non-decision (German terminology: "Die Sache fällt der Diskontinuität anheim"). Thus any bill that has not been decided upon by the beginning of the new electoral period must be brought up by the government again, if it aims to uphold the motion, this procedure in effect delaying the passage of the bill. Furthermore, any newly elected Bundestag will have to freshly decide on the rules of procedure (Geschäftsordnung), which is done by a formal decision of taking over such rules from the preceding Bundestag by reference.

Any Bundestag is considered dissolved only once a newly elected Bundestag has actually gathered in order to constitute itself (Article 39 sec. 1 sentence 2 of the Basic Law), which has to happen within 30 days of its election (Article 39 sec. 2 of the Basic Law). Thus, it may happen (and has happened) that the old Bundestag gathers and makes decisions even after the election of a new Bundestag that has not gathered in order to constitute itself. For example, elections to the 16th Bundestag took place on 18 September 2005,[8] but the 15th Bundestag still convened after election day to make some decisions on German military engagement abroad,[9] and was entitled to do so, as the newly elected 16th Bundestag did not convene for the first time until 18 October 2005.[10]

See also

Notes

  1. 1 2 Frauke Petry and Mario Mieruch were elected as AfD, but neither will take the AfD whip or sit with the party. Whilst Petry has since established The Blue Party it does not meet the size requirements to be recognised as a group and she officially sits with Mario Mieruch as an independent member of the Bundestag.
  2. 1 2 The Christian Democratic Union and the Christian Social Union of Bavaria call themselves sister parties. They do not compete against each other in the same states and they form one group within the Bundestag.

References

  1. Grundgesetz für die Bundesrepublik Deutschland (PDF) (23.12.2014 ed.). Bonn: Parlamentarischer Rat. 8 May 1949. Retrieved 19 June 2016.
  2. Germany at the Polls: The Bundestag Elections of the 1980s, Karl H. Cerny, Duke University Press, 1990, page 34
  3. GERMANY (FEDERAL REPUBLIC OF) Date of Elections: 5 October 1980, International Parliamentary Union
  4. Trenel, M. (2007). "Öffentliche Petitionen beim deutschen Bundestag - erste Ergebnisse der Evaluation des Modellversuchs = An Evaluation Study of Public Petitions at the German Parliament" (PDF). TAB Brief Nr 32. Deutscher Bundestag. Archived from the original (PDF) on 16 March 2009. Retrieved 16 June 2009.
  5. "Basic Law, Article 39: Electoral term – Convening". Retrieved 29 September 2017.
  6. Schäfer, Friedrich (2013). Der Bundestag: Eine Darstellung seiner Aufgaben und seiner Arbeitsweise [The Bundestag: Its tasks and procedures] (in German). VS Verlag für Sozialwissenschaften. p. 28. ISBN 9783322836434.
  7. "Text des Bundeswahlgesetz (BWahlG)". gesetz-im-internet.de. Retrieved 19 June 2016.
  8. "Press Release: Verkürzte Fristen zur vorgezogenen Neuwahl des Deutschen Bundestages". www.bundeswahlleiter.de. Bundeswahlleiter = Federal Director for Elections (Federal Returning Officer). 25 July 2005. Archived from the original on 7 October 2007. Retrieved 20 October 2008.
  9. "Stenographischer Bericht der 187. Sitzung des 15. Deutschen Bundestages am 28. September 2005 = Stenographic report of the 187th session of the 15th Deutscher Bundestag on 2005-09-28" (PDF). dip21.bundestag.de. Deutscher Bundestag. 28 September 2005. Retrieved 20 October 2008.
  10. "Stenographischer Bericht der 1. Sitzung des 16. Deutschen Bundestages am 18. Oktober 2005 = Stenographic report of the 1st session of the 16th Deutscher Bundestag on 2005-10-18" (PDF). dip21.bundestag.de. Deutscher Bundestag. 18 October 2005. Retrieved 20 October 2008.

Coordinates: 52°31′07″N 13°22′34″E / 52.51861°N 13.37611°E / 52.51861; 13.37611

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