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GERMANY
Deutscher Bundestag (German Bundestag)

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Oversight and Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

Modules:
GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name -
More photos  >>>
Structure of parliament Bicameral
Chamber name (generic / translated) Deutscher Bundestag / German Bundestag
Related chamber (for bicameral parliaments) Bundesrat / Federal Council
Affiliation to the IPU Yes
Affiliation date(s) 1890 - 1913
1921 - 1932
1951 -
LEADERSHIP
President Wolfgang Schäuble (M) 
Notes Elected on 24 October 2017.
Secretary General Horst Risse (M) 
Notes 1 Jan. 2013 -
COMPOSITION
Members (statutory / current number) 598 / 709
PERCENTAGE OF WOMEN


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Women (current number) 218 (30.75%)
Mode of designation directly elected 598
other 111
Notes Other: There are 46 overhang seats (Überhangmandate) and 65 balance seats (Ausgleichsmandate).
Term 4 years
Last renewal dates 24 September 2017
(View details)
CONTACT INFORMATION
Address Deutscher Bundestag
Platz der Republik 1
D - 11011 BERLIN
(Export mailing lists)
Phone (49) 30 22 70
Fax (49) 30 22 73 68 78
E-mail mail@bundestag.de
Website
http://www.bundestag.de

ELECTORAL SYSTEM

Parliament name -
Structure of parliament Bicameral
Chamber name (generic / translated) Deutscher Bundestag / German Bundestag
Related chamber (for bicameral parliaments) Bundesrat / Federal Council
LEGAL FRAMEWORK
Electoral law 23 July 1993
(Federal Electoral Act 1993) Last amendment: 3 May 2013
Mode of designation directly elected 598
other 111
Constituencies - 299 constituencies
- 16 multi-member constituencies corresponding to the Länder (component states of the federation) which elect at least 299 members (see below)
Voting system Mixed: 299 members are elected under the majority (first-past-the post) system and the remaining seats are filled through the proportional representation system using the party list.
- Each voter has 2 votes: 1 ("first vote") for an individual candidate in one of the constituencies (majority system), and 1 ("second vote") for the party list in the Länder.
- Under the majority system, the candidate having received the highest number of first votes in each constituency is declared elected.
Seats under the proportional representation system are distributed according to the Sainte-Laguë/Schepers method. Parties which won at least 5 per cent of the second votes cast nationwide or those which won at least three seats under the majority system are entitled to win seats under the proportional representation system.
- If a party wins more seats in the majority system (the first vote) than it is entitled to by the results of the proportional representation system (second vote), it can keep the additional seats, called "overhang seats" (Überhangmandate).
- Based on the 2013 amendments to the Federal Electoral Act, in cases where some parties obtain overhang seats, "balance seats" (Ausgleichsmandate) are added to other parties in order to ensure complete proportionality of the share of votes for all parties nationwide.
- Vacant seats attributed to a political party are filled by the "next-in-line" candidate of the same party (even seats vacated by members elected through the majority system. This rule applies to all seats, including overhang seats and compensatory seats.
Vacant seats held by independents are filled through a special election in that constituency.
- Voting is not compulsory.
Voter requirements - German citizenship
- Age: 18 years
- Persons who have had their domicile or who have resided permanently in the Federal Republic of Germany for at least three months
- German citizens living abroad are entitled to vote if they lived in Germany after their 14th birthday for at least three month in the past 25 years or if they can prove that they are still familiar with the political circumstances in Germany and are affected by them
Disqualifications:
- persons with certain cases of insanity or mental disorder
- Persons disqualified by a judicial decision.
CANDIDATES
Eligibility - Qualified voters;
- German citizenship
- At least 18 years on election day.
Ineligibilities:
- Persons disqualified from voting;
- Persons who have been deprived of eligibility to hold public or political office by judicial decision.
Incompatibilities - The Federal President;
- Members of the office of the Federal President;
- Ministers of the Federal State;
- Members of the Federal Audit Office;
- Judges;
- Members of the Bundesrat;
- Civil servants.
(cf. Article 137, 66 Basic Law)
Candidacy requirements - candidatures for constituencies may be presented by a political party or by individuals
- candidatures for constituencies must be submitted by political parties. "Non-established parties" (those which do not have at least five seats in the Bundestag or in the legislature of a given Land) must announce their intention to take part in the Federal Election to the Federal Returning Officer at least 97 days prior to the election.
- in cases where candidatures for constituencies are presented by individuals, these must be supported by at least 200 voters of the same constituency. The same rule applies to candidates representing "non-established parties" (see above).
- candidatures for Länder party lists can be presented by any political party. Only the lists submitted by non-established parties require the supporting signature of one thousandth the number of eligible voters in the respective Land (with a maximum of 2,000 signatures).
- There are no monetary deposits for candidates or for political parties.

LAST ELECTIONS

Parliament name -
Structure of parliament Bicameral
Chamber name (generic / translated) Deutscher Bundestag / German Bundestag
Related chamber (for bicameral parliaments) Bundesrat / Federal Council
BACKGROUND
Dates of election / renewal (from/to) 24 September 2017
Timing and scope of renewal Chancellor Angela Merkel's Christian Democratic Union (CDU) and its sister party the Christian Social Union of Bavaria (CSU), remained the largest parliamentary group, taking 246 seats in the 709-member German Bundestag (see note). The CDU/CSU's coalition partner in the outgoing government, the Social Democratic Party (SPD, led by former European Parliament President Martin Schulz), came second. The populist Alternative for Germany (AfD) entered the German Bundestag for the first time, becoming the third largest party. The newly elected legislature convened on 24 October and elected former Minister of Finance Wolfgang Schäuble (CDU) as new Speaker. He succeeded Mr. Norbert Lammert (CDU), who didn't stand for re-election after 37 years in parliament.

The major electoral issues in 2017 included immigration, the economy, euro zone reforms and climate change. Following the elections, the SPD leader announced that his party would join the opposition. Lengthy coalition talks followed. Initial talks involving the CDU/CSU, the Free Democratic Party (FDP, led by Mr. Christian Lindner,) and the Green Party (led by Ms. Simone Peter) collapsed on 19 November, plunging the country into an unprecedented political stalemate. On 19 December, the CDU and the SPD agreed to hold exploratory talks on forming a new government. On 14 March 2018, Prime Minister Merkel formed a new coalition government comprising the CDU/CSU and the SPD.

Note:
In Germany, if a party wins more seats in the majority system (the first vote) than the results of the proportional representation system (second vote) would normally entitle it to, it can keep the additional seats, called "overhang seats" (Überhangmandate). Based on the 2013 amendments to the Federal Electoral Act, in cases where some parties obtain overhang seats, "balance seats" (Ausgleichsmandate) are added to other parties in order to ensure complete proportionality of the share of votes for all parties nationwide.
In 2017, the CDU and CSU won a total of 43 overhang seats and the SPD, three (thus there are 46 overhang seats in all). Seven parties (instead of five in 2013) entered the Bundestag. The entry of two more parties in 2017 required more balance seats, for a total of 65 seats. The 2017 legislature thus comprises 111 more members than the statutory 598 seats, or 709 in all. In comparison, the 2013 legislature comprised 631 members in all (including four overhang seats and 29 balance seats).
Date of previous elections: 22 September 2013

Date of dissolution of the outgoing legislature: 24 October 2017

Timing of election: Upon normal expiry

Expected date of next elections: September 2021

Number of seats at stake: 709 (full renewal)*
*Including 46 overhang seats (Überhangmandate) and 65 balance seats (Ausgleichsmandate).

Number of candidates: 4,828 (3,428 men, 1,400 women)*
*1,674 candidates ran under both majority and proportional representation (PR ) systems. In addition, 2,269 candidates ran only under the PR and 885 others stood only for the majority system.

Percentage of women candidates: 29%

Number of parties contesting the election: 48*
*34 parties fielded candidates under the proportional representation system.
In addition 14 more parties ran under the Majority system.

Number of parties winning seats: 7

Alternation of power: No

Number of parties in government: 2

Names of parties in government: Christian Democratic Union (CDU), Social Democratic Party (SPD)

Date of the first session of the new parliament: 24 October 2017

Name of the new Speaker: Mr. Wolfgang Schäuble (Christian Democratic Union, CDU)
STATISTICS
Voter turnout
Round no 124 September 2017
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
61'688'485
46'976'341 (76.15%)

Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
Christian Democratic Union (CDU)
Social Democratic Party (SPD)
Alternative for Germany (AfD)
Free Democratic Party (FDP)
Left Party (Die Linke)
Green Party
Christian Social Union of Bavaria (CSU)
Distribution of seats
Round no 1
Political Group Total of seats Overhang seats Balance seats
Christian Democratic Union (CDU) 200 36
Social Democratic Party (SPD) 153 3 19
Alternative for Germany (AfD) 94 11
Free Democratic Party (FDP) 80 15
Left Party (Die Linke) 69 10
Green Party 67 10
Christian Social Union of Bavaria (CSU) 46 7
Distribution of seats according to sex
Men

Women

Percent of women
491

218

30.75%
Distribution of seats according to age
Distribution of seats according to profession
Comments
Sources:
German Bundestag (29.09.2017, 25.10.2017)
https://www.bundeswahlleiter.de/en/bundestagswahlen/2017/ergebnisse/bund-99.html
https://www.bundeswahlleiter.de/en/info/presse/mitteilungen/bundestagswahl-2017/32_17_vorlaeufiges_ergebnis.html
https://www.bundeswahlleiter.de/dam/jcr/992a9841-b869-49a6-b7b9-0b1366bf2589/btw17_erl_sitzzuteilung.pdf
http://www.dw.com/
https://www.economist.com
https://www.cnbc.com

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name -
Structure of parliament Bicameral
Chamber name (generic / translated) Deutscher Bundestag / German Bundestag
Related chamber (for bicameral parliaments) Bundesrat / Federal Council
APPOINTMENT AND TERM OF OFFICE
Title President of the German Bundestag
Term - duration: 4 years (term of House);
- reasons for interruption of the term of office: death, loss of mandate, resignation, early end of the electoral term
Appointment - elected by all the Members of the Parliament
- election is held at the opening of the constituent meeting of the newly elected Bundestag
Eligibility - any Member of the Parliament
- in keeping with German parliamentary custom, the largest parliamentary group claims the office of President
- candidatures submitted at the constituent meeting immediately before the election procedure
Voting system - formal vote by secret ballot
- after first ballot, new candidates may be proposed for the second ballot. Subsequent ballots are confined to the 2 candidates who have received the largest number of votes.
- several rounds are held if majority of the Members of the Bundestag is not obtained in first ballot and possibly second ballot - for subsequent ballots, candidate receiving the largest number of votes is elected.
Procedures / results - the oldest Member of Parliament (President by age) - or the next oldest -presides over the Assembly during the voting
- the President by age assisted by 2 secretaries supervises the voting
- the results are announced by the President by age, shortly after the election
- no procedure is foreseen for challenging the results
STATUS
Status - ranks second after the Federal President
- takes precedence over the President of the Bundesrat
- presides over joint meetings of both Houses (for the swearing-in of the Federal President)
- represents the Bundestag in relations with other constitutional organs, the courts and in public
- represents the Assembly or can be represented by Members in international bodies
- chairs the Presidium, the Council of Elders and the Joint Committee (Parliament in a state of emergency), consisting of Members of the Bundestag and the Bundesrat
- in the absence of the President, the Vice-President, member of the second largest parliamentary Group, can assume his/her role and functions
Board - composed of the Presidium and the Council of Elders
- the Presidium is formed by the President and the Vice-Presidents - the Council of Elders is formed by the President, the Vice-Presidents and 23 further Members appointed by the parliamentary groups in proportion to their size
- the Council of Elders decides on the internal affairs of the Bundestag insofar as they do not fall within the competence of the President or the Presidium - decides on the use to be made of the premises set aside for the Bundestag - prepares a draft of the budget from which the Budget Committee may only depart after consultation with the Council of Elders
- the Presidium and the Council of Elders meet once during each parliamentary week and meetings are convened by the President
- they perform a supporting and advisory function.
Material facilities - same benefits as Members of Parliament (MPs)
- in addition, taxable allowance amounting to the remuneration of MPs (7,668 euros per month, as of Nov. 2009)
- official car and expense allowance for the official car
- expense allowance of 3,868 euros
- official expense allowance (remuneration for representational duties) of 1,023 euros per month, as of Nov. 2009
- office
- official residence
FUNCTIONS
Organization of parliamentary business - convenes sessions
- in exceptional cases, establishes the date of sessions and modifies the agenda (the date and agenda are usually agreed on in the Council of Elders)
- organizes the debates and sets speaking time
- examines the admissibility of bills and amendments
- in specific exceptional cases, refers a text to a committee for study
Chairing of public sittings - opens, adjourns and closes sittings
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning the Assembly
- takes disciplinary measures in the event of disturbance, and lifts such measures
- gives and withdraws permission to speak. The list of speakers is prepared by the Secretariat.
- establishes the order in which amendments are taken up
- opens, conducts and closes the voting procedure
- authenticates the adopted texts
- interprets the rules or other regulations governing the life of the Assembly during sittings
Special powers - implements the annual budget prepared by the Council of Elders
- recruits, assigns and dismisses staff
- appoints the Clerk with the consent of the Presidium
- organizes the services of Parliament with the support of the Secretary General
- represents the Bundestag in relations with foreign Parliaments
- is responsible for safety and, in this capacity, can call the police in the event of disturbance in the Chamber
Speaking and voting rights, other functions - takes the floor in legislative debates and vacates the Chair for that purpose
- takes part in voting and vacates the Chair for that purpose
- intervenes in the parliamentary oversight procedure by checking, with the assistance of the administration, whether the questions submitted are in keeping with the provisions of the Rules of Procedure

PARLIAMENTARY MANDATE

Parliament name -
Structure of parliament Bicameral
Chamber name (generic / translated) Deutscher Bundestag / German Bundestag
Related chamber (for bicameral parliaments) Bundesrat / Federal Council
NATURE
Nature of the mandate · Free representation (Art. 38 (1) of the Basic Law of 23 May 1949, as amended up to and including 03.11.1995)
Start of the mandate · When the MP's acceptance letter has been received by the appropriate Returning Officer (S. 45 of the Federal Electoral Law)
· Procedure
Validation of mandates · Validation by the Bundestag only in case of challenge (Art. 41 of the Basic Law)
· Procedure
End of the mandate · On the day when the legal term of the House ends (= when the new Bundestag assembles, Art. 39 (1) of the Basic Law). In the case of an early dissolution (Art. 68 (1) of the Basic Law), similarly on the day when the new Bundestag assembles.
Can MPs resign? Yes · Yes, of their own free will (see S. 46 (1) (No. 4) of the Federal Electoral Law
· Procedure (S. 46 (3) and S. 47 (1) (No. 4) and (3) of the Federal Electoral Law)
· Authority competent to accept the resignation: the President of the Federal Council (S. 47 (1) (No. 4) of the Federal Electoral Law)
Can MPs lose their mandate ? Yes (a) Definitive exclusion from Parliament by the latter:
- Criminal conviction or prison sentence of at least one year etc.
- Invalidity of the acquisition of membership (S. 46 (1) (No. 1) and S. 47 (1) (No. 1) and (2) of the Federal Electoral Law)
- Redetermination of election results (S. 46 (1) (No. 2) and (2), S. 47 (1) (No. 2) and (3) of the Federal Electoral Law)
- Loss of one of the prerequisites for eligibility at any time (S. 46 (1) (No. 3), S. 47 (1) (No. 3), (2) and (3), and S. 15 of the Federal Electoral Law)
- Resignation (S. 46 (1) (No. 4) and S. 47 (1) (No. 4) and (3) of the Federal Electoral Law; see Can MPs resign?)
- Determination of the unconstitutionality of the party or party section of which the Deputy is a member by the Federal Constitutional Court in accordance with Art. 21 (2) of the Basic Law (S. 46 (1) (No. 5) and (4), S. 47 (1) (No. 2) and (3) of the Federal Electoral Law)
(b) Loss of mandate for incompatibility:
STATUS OF MEMBERS
Rank in hierarchy · Within Parliament:
1. The President
2. The Vice-President
3. The Presidents of committees
4. The Parliamentary party chairpersons
Indemnities, facilities and services · Diplomatic passport
· Basic salary (see Art. 48 (3) of the Basic Law and sections 11 (1) and (3) the Law of Deputies): 7,668 euros per month
· The basic salary is taxable (see also Others). The Expense Allowance is exempted from tax.
· Pension scheme
· Other facilities:
(a) Secretariat
(b) Assistants
(c) No official housing
(d) Official car: Deputies are entitled to free use of duty vehicles in the Berlin area.
(e) Security measures
(f) Postal and telephone services
(g) Travel and transport (Art. 48 (3) of the Basic Law)
(h) Others
Obligation to declare personal assets Yes
Parliamentary immunity - parliamentary non-accountability · The concept does exist, called indemnity (Art. 46 (1) of the Basic Law; see also Rule 107 of the Rules of Procedure of the Bundestag).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: defamatory insults (Art. 46 (1) of the Basic Law)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
Parliamentary immunity - parliamentary inviolability · The concept does exist, called immunity (Art. 46 (2) and (3) of the Basic Law; see also Rule 107 of the Rules of Procedure of the Bundestag).
· It applies to criminal proceedings, any other restriction of personal liberty (e.g. during civil proceedings) and to the institution of proceedings of forfeiture of basic rights (Art. 18 of the Basic Law). It covers all offences, and protects MPs, in the case of criminal proceedings, from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched.
· Derogations: in criminal cases, no permission has to be obtained from the Bundestag for the arrest of, or the initiation of criminal proceedings against, a Member, if he is apprehended in flagrante delicto or in the course of the following day (Art. 46 (2) of the Basic Law; Principle 6 of the Principles Governing Matters Relating to Immunity).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal. However, MPs are to be questioned at the seat of the Bundestag during their stay there (S. 50 (1) of the Code of Criminal Procedure, S. 382 (2) of the Code of Civil Procedure).
· Protection is provided from the start to the end of the mandate and also covers judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 46 (2) and (3) of the Basic Law):
- Competent authority: the Bundestag or its Committee for the Scrutiny of Elections, Immunity and the Rules of Procedure
- Procedure: in this case, MPs cannot be heard. They can appeal to the Federal Constitutional Court.
· Parliament cannot subject the prosecution and/or detention to certain conditions, but has the right to be informed on the progress made in the proceedings.
· Parliament can suspend the prosecution and/or detention of one of its members (Art. 46 (4) of the Basic Law):
- Competent authority: the Bundestag or its Committee for the Scrutiny of Elections, Immunity and the Rules of Procedure
- Procedure
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.
EXERCISE OF THE MANDATE
Training · There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the parliamentary party groups.
· Handbooks of parliamentary procedure:
- Official Handbook of the Bundestag
- Guide for Deputies
- Texts of laws
- Legal commentaries on parliamentary questions
Participation in the work of the Parliament · It is compulsory for MPs to be present at plenary sittings and committee meetings (S. 13 (2) of the Rules of Procedure of the Bundestag).
· Penalties foreseen in case of failure to fulfil this obligation: deductions from the expense allowance (S. 14 (1) of the Law on the Legal Status of Members of the Bundestag)
Discipline · The rules governing discipline within Parliament are contained in Rules 7 (1), and 36 to 40 of the Rules of Procedure of the Bundestag, and in S. 90b of the Code of Criminal Procedure.
· Disciplinary measures foreseen :
- Warning for irrelevance (Rule 36 of the Rules of Procedure of the Bundestag)
- Call to order (Rule 36 of the Rules of Procedure of the Bundestag)
- Direction to discontinue speaking (Rule 37 of the Rules of Procedure of the Bundestag)
- Suspension of Members of the Bundestag (Rule 38 of the Rules of Procedure of the Bundestag)
- Suspension of the sitting (Rule 40 of the Rules of Procedure of the Bundestag)
· Specific cases:
- Disparagement of a legislative institution or of one of its Members (S. 90b of the Code of Criminal Procedure): imprisonment
· Competent body to judge such cases/to impose penalties:
- The President (Rule 7 (1) of the Rules of Procedure of the Bundestag); the Bundestag (objections to a call to order or to a suspension)
- Disparagement of a legislative institution or of one of its Members: the local public prosecutor's office or the responsible court
· Procedure:
- Warning for irrelevance (Rule 36 of the Rules of Procedure of the Bundestag)
- Call to order (Rules 36 and 39 of the Rules of Procedure of the Bundestag)
- Direction to discontinue speaking (Rule 37 of the Rules of Procedure of the Bundestag)
- Suspension of Members of the Bundestag (Rules 38 and 39 of the Rules of Procedure of the Bundestag)
- Suspension of the sitting (Rule 40 of the Rules of Procedure of the Bundestag)
- Disparagement of a legislative institution or of one of its Members (S. 90b of the Code of Criminal Procedure)
Code (rules) of conduct · This concept does exist in the country's juridical system (Rule 18 of the Rules of Procedure of the Bundestag and Code of Conduct).
· Penalties foreseen for violation of the code of conduct:
- President's statement and publication of the statement (Rule 8 of the Code of Conduct)
· Competent body to judge such cases/to impose penalties:
- The President
· Procedure: in this case, MPs have no means of recourse.
Relations between MPs and pressure group · There are legal provisions in this field (Rule 70 in relation with Annex 2 of the Rules of Procedure of the Bundestag; for the obligation for MPs to disclose functions in associations of trade and industry, and for the prohibition for MPs to accept any remuneration for the exercise of his office other than that provided for by law see Code of conduct).

This page was last updated on 16 March 2018
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