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GERMANY
Bundesrat (Federal Council)

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

Modules:
GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name -
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Structure of parliament Bicameral
Chamber name (generic / translated) Bundesrat / Federal Council
Related chamber (for bicameral parliaments) Deutscher Bundestag / German Bundestag
Affiliation to the IPU
Affiliation date(s)
LEADERSHIP
President Michael Müller (M) 
Notes 1 Nov. 2017 - 31 Oct. 2018
Secretary General Ute Rettler (F) 
Notes 1 April 2015 -
COMPOSITION
Members (statutory / current number) 69 / 69
PERCENTAGE OF WOMEN


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Women (current number) 27 (39.13%)
Mode of designation appointed 69
Notes Appointed by local länder governments.
Term  The Bundesrat does not have a fixed term. The members' terms depend on that of the government of the Land (State) they represent (16 Länder)
Last renewal dates not applicable
(View details)
CONTACT INFORMATION
Address Bundesrat
Leipziger Straße 3-4
D - 10117 Berlin
(Export mailing lists)
Phone (49) 30 18 91 00 0
Fax (49) 30 18 91 00 400
E-mail Bundesrat@bundesrat.de
Website
http://www.bundesrat.de

ELECTORAL SYSTEM

Parliament name -
Structure of parliament Bicameral
Chamber name (generic / translated) Bundesrat / Federal Council
Related chamber (for bicameral parliaments) Deutscher Bundestag / German Bundestag
LEGAL FRAMEWORK
Electoral law 1 January 1900
Last amendment: 11/10/1996
Mode of designation appointed 69
Constituencies 16 multi-member (3 to 6 seats) constituencies corresponding to the Länder.
Voting system : Individual elections in the 16 Länder (States) determine the composition of each Land assembly (Landtag). Each Landtag elects a Land gouvernment which then sends its members as delegates to the Bundesrat
Voter requirements (not applicable)
CANDIDATES
Eligibility - age: 18 years
- German citizenship for at least one year
- members of the respective Land government
Incompatibilities Membership in the Bundestag.
Candidacy requirements (not applicable)

LAST ELECTIONS

Parliament name -
Structure of parliament Bicameral
Chamber name (generic / translated) Bundesrat / Federal Council
Related chamber (for bicameral parliaments) Deutscher Bundestag / German Bundestag
BACKGROUND
Dates of election / renewal (from/to) not applicable
Timing and scope of renewal (Not applicable)
(Not applicable)
STATISTICS
Voter turnout
Distribution of votes
Distribution of seats
Distribution of seats according to sex
Men

Women

Percent of women
50

19

27.54%
Distribution of seats according to age
Distribution of seats according to profession
Comments
Source: IPU Group (14.12.2011, 01.01.2015, 01.01.2017)

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name -
Structure of parliament Bicameral
Chamber name (generic / translated) Bundesrat / Federal Council
Related chamber (for bicameral parliaments) Deutscher Bundestag / German Bundestag
APPOINTMENT AND TERM OF OFFICE
Title President of the Federal Council
Term - duration: 1 year (from 1 November to 31 October)
- reasons for interruption of the term of office: end of membership of the Land Government
Appointment - elected by the Federal Assembly each year
Eligibility - the Ministers-Presidents of each Land are successively elected
Voting system - the Minister-President of each Land is successively elected President of the Bundesrat in an order determined by the number of inhabitants in each Land. The first President is the Minister-President of the most populated Land - each of the 16 Länder therefore has access to the Presidency once every 16 years
Procedures / results - the former President presides over the Federal Council during the voting
- the former President supervises the voting
- the former President announces the results without any delay
- the result cannot be challenged
STATUS
Status - ranks second after the Federal President in his capacity of Deputy President of the Republic
- the President of the Bundestag presides over joint meetings of both Houses (for the swearing-in of the Federal President)
- represents the Bundesrat in relations with public authorities and in international bodies. Can be represented by his/her Vice-Presidents or other Members of the Chamber.
- in the absence of the President, one of the three Vice-Presidents can assume his/her role and functions
Board - Präsidium
- composed of the President and three Vice-Presidents
- assisted and advised by a Permanent Consultative Council (Ständiger Beirat) composed of the 16 plenipotentiaries of the Länder.
- is responsible for establishing the budget draft
Material facilities - official expense allowance (remuneration for representational duties) allowance of 1,023 euros per month
- services of the Secretariat of the Presidency
- official car
- bodyguards provided by each state (Bundesland)
- free use of the helicopters of the Federal Boarder Guard Service (Bundesgrenzschutz) and the planes of the Air Force (Luftwaffe)
FUNCTIONS
Organization of parliamentary business - convenes sessions
- establishes and modifies the agenda
- organizes the debates and sets speaking time
- examines the admissibility of bills and amendments
- refers texts 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 Bundesrat
- takes disciplinary measures in the event of disturbance, and lifts such measures with the assistance of the Secretary General
- establishes the list of speakers, gives and withdraws permission to speak
- establishes the order in which amendments are taken up and selects which amendments are to be debated. The order can be modified by the Bundesrat
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum
- authenticates the adopted texts and the records of debates
- interprets the rules or other regulations governing the life of the Bundesrat
- has discretionary power to give the floor outside the agenda and thus organizes impromptu debates
Special powers - assigns the Secretary General of the Bundesrat with the agreement of the Bundesrat
- is responsible for relations with foreign Parliaments, with the assistance of the members of the Präsidium, the Members of the Chamber, the Permanent Consultative Council and the Secretariat
- is responsible for security and, in this capacity, can call in the police in the event of disturbance in the Chamber with the assistance of the Secretary General
Speaking and voting rights, other functions - takes the floor in legislative debates
- proposes bills or amendments in his capacity of Representative of his/her Land

PARLIAMENTARY MANDATE

Parliament name -
Structure of parliament Bicameral
Chamber name (generic / translated) Bundesrat / Federal Council
Related chamber (for bicameral parliaments) Deutscher Bundestag / German Bundestag
NATURE
Nature of the mandate · Linked representation - imperative mandate (see Art. 51 of the Basic Law of 23 May 1949, as amended up to and including 03.11.1995)
Start of the mandate · When the Member is nominated by the respective Land (State) cabinet (see also Art. 51 of the Basic Law)
Validation of mandates · No validation
End of the mandate · On the day when the Land cabinet so decides or when the Member ceases to be a Member of the Land cabinet (see also Art. 51 of the Basic Law)
Can MPs resign? Yes · Yes, of their own free will
· Procedure
· Authority competent to accept the resignation: the resignation does not have to be accepted
Can MPs lose their mandate ? Yes (a) Revocation before expiry of mandate by the Land cabinet: grounds for revocation are not limited. The procedure is regulated by Land constitutional law.
(b) Loss of mandate by judicial decision: when a person, by decision of a criminal court, looses his capacity to execute a public office, he ceases to be a Member of the Bundesrat.
STATUS OF MEMBERS
Rank in hierarchy · Within Parliament:
1. The President
2. The three Vice-Presidents
3. The Presidents of committees
4. The other Members of the Bundesrat
Indemnities, facilities and services - Diplomatic passport
- No salary
- No special pension scheme
- Other indemnities and facilities:
(a) One office per state (Bundesland) at the headquarters of the Bundesrat
(b) Travel and transport: free rail pass for travelling inside the country
Obligation to declare personal assets No
Parliamentary immunity - parliamentary non-accountability · The concept does not apply to Members of the Bundesrat.
Parliamentary immunity - parliamentary inviolability · The concept does not apply to Members of the Bundesrat.
EXERCISE OF THE MANDATE
Training · There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the Member's respective department within the government of the Land.
· Handbooks of parliamentary procedure:
- Handbuch des Bundesrates (published once a year)
Participation in the work of the Parliament · It is not compulsory for MPs to be present at plenary sittings or committee meetings.

Discipline · There are no rules governing discipline for Members of the Bundesrat.
Code (rules) of conduct · There is no code of conduct for Members of the Bundesrat.
Relations between MPs and pressure group · There are no legal provisions in this field for Members of the Bundesrat.

This page was last updated on 1 November 2017
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