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. |