IPU PARLINE database: GERMANY (Deutscher Bundestag), Oversight

Parliament name

-

Structure of parliament

Bicameral

Chamber name

Deutscher Bundestag

Related chamber (for bicameral parliaments)

Bundesrat / Federal Council

Type of political regime

parliamentary

Notes

The Federal Republic of Germany is a parliamentary democracy. The Federal President is the Head of State. He/she represents the country in terms of international law, but otherwise his/her role is merely representative.

Head of the executive

Federal Chancellor

Notes

The Head of the Executive is the Federal Chancellor, who determines and is responsible for the general policy guidelines (Article 65 of the Constitution). The general policy guidelines comprise all fundamental and policy-setting political decisions at government level, as well as individual issues of significance.

Method for appointing the executive

The Federal President is elected by the Federal Convention without debate. There are no specific legal provisions governing the term of office for the Federal Chancellor. His/her election takes place at the start of each legislative term of the Bundestag, and he/she remains in office until the end of the electoral term. The Chancellor is elected by the Bundestag without debate upon the President's proposal. Choosing the ministers is the sole responsibility of the Chancellor, upon whose binding proposal they are appointed and dismissed by the President.

Term of office of the executive and coincidence with the term of the legislature

The term of office of the President is five years, and re-election for a consecutive term is permitted only once. The term of office of the Chancellor coincides with the electoral term of four years.

Incompatibility of the functions of member of the executive and member of Parliament

No

The members of the Government may be, and usually are, members of the parliament.

Dissolution of Parliament

Yes

Circumstances

The parliament may be dissolved either in the case of a successful constructive vote of no confidence, or through a failed vote of confidence.

Modalities

In both cases, a majority of the members of the Bundestag is needed. However, if the Chancellor loses a vote of confidence, he/she is not initially bound by the result, i.e. he/she has no constitutional obligation to resign, nor are new elections automatically held, since the Chancellor also has the option of declaring a state of legislative emergency as an alternative legislative procedure. No dissolution has occurred in the last ten years.

Accountability of Government to Parliament

Yes

The Government is subject to the control of the Bundestag. This accountability is collective and members of the Government are not responsible individually.

Modalities of oversight

Oral and written questions of parliamentarians

Debates on clearly defined topics of general current interest, conducted in the form of speeches not exceeding five minutes, may take place in the Bundestag. In weeks of sittings, parliamentarians have an opportunity to put to the Government questions of topical interest within its competence, primarily concerning the preceding cabinet meeting. Also, every parliamentarian is entitled to submit up to four questions every month to the Government for written reply. These questions must be answered within one week. If a reply is not received within one week, the questioner may demand that his/her question be called for oral reply during the first question time in the week of sittings that follows the expiry of the time limit.

In addition, there are two forms of interpellation. Major interpellations addressed to the Government are submitted to the President. They must be brief and succinct and may be accompanied by a short explanatory note. The President informs the Government and asks it to state if and when it will answer. Upon receipt of the reply, the major interpellation is placed on the agenda. A debate must be held if a parliamentary group or five per cent of parliamentarians so demand. In minor interpellations, the Government may be asked to furnish information on specifically designated issues. Questions are submitted to the President, but they may not contain any subjective statements or evaluations. A brief explanatory note may be attached. The President requests the Government to reply to minor interpellations in writing within two weeks; he/she may extend this time limit in consultation with the questioner.

Government reports to Parliament

Government accountability to the parliament is brought into play by government annual reports and votes thereon.

Measures

Vote of confidence on Government programs and/or legislative proposals

The Chancellor may link a legislative proposal to a vote of confidence. If such a motion is not supported by an absolute majority of parliamentarians, the President may, upon the proposal of the Chancellor, dissolve the Bundestag within 21 days (Article 68 of the Constitution). The right of dissolution lapses as soon as the Bundestag elects another Chancellor by the vote of a majority of its members.

Motions of censure and votes of no confidence (sub-report)

Circumstances

The Bundestag may express its lack of confidence (constructive vote of no confidence) in the Chancellor (Article 67 of the Constitution).

Modalites

However, the parliament may do so only by electing a successor by a vote of an absolute majority of its members, consequently requesting the President to dismiss the acting Chancellor.

Consequences

The tenure of office of all ministers ends when the Chancellor ceases to hold office. The President must comply with the parliamentarians' request and appoint the person elected. The concurrent election of a new Chancellor precludes any possibility of the Chancellor being removed when there is no majority in the Bundestag in favour of forming a new Government. In the last ten years (1991-2001), one vote of confidence was won by the Chancellor.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

Both chambers of the parliament may impeach the President before the Constitutional Court for wilful violation of the Constitution or of any other law (Article 61 of the Constitution).

Modalites and procedure

The motion of impeachment must be supported by at least one quarter of the members of a chamber. The decision to impeach requires a two-thirds majority of the members of a chamber. The case for impeachment is presented before the Constitutional Court by a person commissioned by the impeaching body.

Consequences

If the Constitutional Court finds the President guilty of a wilful violation of the Constitution or of any other law, it may declare that he/she has forfeited his/her office. After the President has been impeached, the Court may issue an interim order preventing him/her from exercising his/her functions.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

The Government is subject to the control of the Bundestag. This accountability is collective and members of the Government are not accountable individually.

Means and modalities of oversight

Hearings in Committees

Parliament exercises oversight over the actions of the Government administration by holding hearings in Committees.

Committees of inquiry and missions to Government departments

The Bundestag has the right, and on the motion of one quarter of its members the duty, to establish an investigative committee, which takes the requisite evidence at public hearings (Article 44 of the Constitution). These committees may examine all matters falling within the responsibility of the Government and the parliament itself.

Oral and written questions of parliamentarians

Debates on clearly defined topics of general current interest, conducted in the form of speeches not exceeding five minutes, may take place in the Bundestag. In weeks of sittings, parliamentarians have an opportunity to put to the Government questions of topical interest within its competence, primarily concerning the preceding cabinet meeting. Also, every parliamentarian is entitled to submit up to four questions every month to the Government for written reply. These questions must be answered within one week. If a reply has not been received within one week, the questioner may demand that his/her question be called for oral reply during the first question time in the week of sittings following the expiry of the time limit.

Role of Parliament in the appointment of senior Government officials

Not applicable

Activity reports of the Government administration and of public services or establishments

Besides the annual reports of the Minister of Finance and of the Court of Audit, the Government has the duty to report to the Bundestag on a wide range of other matters.

Representation of Parliament in governing bodies of the Government administration

The members of the Bundestag sit on various Committees and governing bodies of administrative services, also outside the parliament.

Existence of an ombudsman

No

Method for appointing the executive

The main reason not for having an ombudsman is the concern that this might further distance citizens from their parliamentary representatives. However, the parliament has appointed a Petitions Committee, to which the citizens may address complaints, requests and proposals. Also, a Commissioner for the Armed Forces is appointed by the Bundestag to exercise parliamentary control over the armed forces.

Relationship to Parliament

The Commissioner for the Armed Forces assists the Bundestag in exercising parliamentary oversight. He/she takes instructions from the parliament and may also act on his/her own initiative, within a limited range.

Consultation of Parliament in the preparation of the national budget

No

The submission of the draft budget and budget plan is exclusively a matter for the Government. However, the Budget Committee is involved at every stage of budget development and control.

Modalities of oversight

Examination of the budget / finance act by Parliament

The budget is laid down in the budget act like any other law, and may only be approved by the Bundestag. The budget is submitted as a bill and may be adopted, rejected or amended. Legislation is in place to ensure that no financial measures are introduced in the budget to act on top of those that have already been decided upon. Numerous constraints ensure that the budget does not have to be drafted anew each year. The parliament only needs to debate and decide upon individual reductions or increases in revenue or expenditure each year. The budget debate is, however, highly significant in political terms. The debate involves a long struggle and public arguments between the Government and the Bundestag.

The federal budget goes through the same procedure in principle as any other bill: a first reading in the plenary; the Committee stage; and a second and third reading in the plenary of the Bundestag. As the budget is only valid for one year, this procedure is repeated annually and usually lasts from September to December each year.

Reports on the budget / finance act by Committees

The Budget Committee plays a leading role in the drafting of the budget. At the beginning of each electoral term, the Budget Committee appoints rapporteurs for each departmental budget. The rapporteurs are responsible for their own particular budget area for the whole of an electoral term. They not only become very competent in their subject but also bear a considerable degree of responsibility, as they are the principal source of information for other members of their parliamentary groups. The advice that they give their colleagues generally forms the basis of the parliamentary group's evaluation of the departmental budget in question.

Fields overseen

Defence budget

Parliament exercises oversight over all public funds.

Budget of special departments

Parliament exercises oversight over all public funds.

Role of Parliament in national development plans

The most important instrument for ongoing scrutiny available to the Budget Committee is the qualified freeze of appropriated funds. This means that in exceptional cases, appropriated funds may be frozen with the stipulation that the incurring of expenditure and commitment authorizations requires the approval of the Bundestag. The Budget Committee may make the release of approved but still frozen funds dependent on the submission of an improved budget strategy. This opportunity to exert influence is used increasingly, especially for procurement programmes that commit funds for future years.

Parliament's deadline for the examination and adoption of the budget / finance act

The procedure for the adoption of the budget is repeated annually and generally takes place from September to December.

Consequences of failure by Parliament to adopt the budget / finance act

If by the end of a fiscal year, the budget has not been adopted, the Government may make all expenditures that are necessary, until a budget law comes into force, (i) to maintain institutions established by a law and to carry out measures authorized by a law, (ii) to meet the legal obligations of the Federation, and (iii) to continue construction projects, procurements, and the provision of other benefits or services, or to continue to make grants for these purposes, to the extent that amounts have already been appropriated in the budget of a previous year (Article 111 of the Constitution). To the extent that revenues based upon specific laws and derived from taxes or duties do not cover these expenditures, the Government may borrow the funds necessary to sustain current operations up to a maximum of one quarter of the total amount of the previous budget.

Budgetary autonomy of Parliament

Yes

The Bundestag has its own budget within the annual budget plan, which it administers itself.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

For the purpose of discharging the Government, the Federal Minister of Finance submits annually an account of all revenues and expenditures as well as of assets and debts during the preceding fiscal year to the parliament (Article 114.1 of the Constitution).

Parliamentary oversight of public companies

No

Not applicable

Modalities of oversight

Body for auditing the Government's books and method for appointing

The Federal Court of Audit, whose members enjoy judicial independence, audit the account and determine whether public finances have been properly and efficiently administered (Article 114.2 of the Constitution).

Reports of the public auditor's office

The Court submits an annual report directly to the Bundestag and the Bundesrat as well as to the Government.

Specialised committee

The special status enjoyed by the Budget Committee is further enhanced by the important role played by its subcommittee, the Auditing Committee, which is responsible for the parliamentary control of budgetary and financial management, cooperating closely with the federal audit office. The purpose of this cooperative structure is to ensure that the relevant findings are continuously introduced into the budgetary process. The Federal Audit Office is not only responsible for examining whether the administration has managed its finances competently and efficiently, but also monitors and assesses the execution and progress of particular projects.

Foreign Relations Committee (sub-report)

Functions of the Committee

The Foreign Affairs Committee's primary task is to exercise parliamentary control over foreign policy.

Powers of the Committee

The Committee deliberates relevant motions and draft resolutions tabled by parliamentarians, and thus prepares decisions for the plenary. It also debates and votes on international treaties signed by the Government. The Committee submits its recommendations for a decision on the Government's draft laws with foreign policy content. An unusual feature of the Committee is that it is a closed Committee, that is, meetings are not open to the public.

Composition of the Committee

Not available

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.

Plenary debates on foreign policy issues

The parliament exercises oversight over foreign policy in plenary debates on foreign policy issues.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

The parliament may take the initiative to send parliamentary delegations to inter-governmental meetings.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The President represents the Federation in terms of international law. He/she concludes treaties with foreign States on behalf of the Federation, and accredits and receives envoys. Treaties that regulate the political relations of the Federation or relate to subjects of federal legislation require the consent or participation, in the form of a federal law, of the bodies responsible in such a case for the enactment of federal law. Thus, the forming of the political decision on the content of international declarations by the President lies within the responsibility of the Government or of the parliament. The President's power of representation mainly comprises the proclamation of state declarations within Germany's external relations. International treaties may only enter into force once they have been approved by the Bundestag.

Other mechanisms for participation in foreign policy by Parliament

There are no other parliamentary oversight mechanisms in addition to the above.

National Defence Committee (sub-report)

Functions of the Committee

Parliamentary control over the armed forces is exercised through the Defence Committee and the Parliamentary Commissioner.

Powers of the Committee

The Constitution grants the Defence Committee the powers of an investigation committee. On the motion of one quarter of its members, it has the duty to make specific matter the subject of investigation.

Composition of the Committee

Not available

Parliamentary oversight of public arms manufacturing companies

Not applicable

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

Any determination that the federal territory is under attack by armed force or imminently threatened with such an attack (state of defence) is made by the Bundestag with the consent of the Bundesrat. Such determination is made on application of the Government and requires a two-thirds majority of the votes cast, which includes at least a majority of the members of the Bundestag (Article 115.a of the Constitution).

Role of Parliament in sending troops abroad

Upon the promulgation of a state of defence, the power of command over the armed forces passes from the Minister of Defence to the Chancellor.

Other mechanisms for participation in national defence policy by Parliament

In addition to the above, during the annual deliberations of the budget act, the Defence Committee deliberates the departmental budget of the Ministry of Defence and the individual budget of the Parliamentary Commissioner for the Armed Forces. The Defence Ministry is also obliged to submit specific procurement projects to the Committee for scrutiny.

Circumstances

A distinction is made between an external emergency (state of defence or state of tension) and an internal emergency (internal unrest and natural disasters). The Constitution contains no provisions on a state of emergency. Any determination that the federal territory is under attack by armed force or imminently threatened with such an attack (state of defence) is made by the Bundestag with the consent of the Bundesrat. Such determination is made on application of the Government and requires a two-thirds majority of the votes cast, which includes at least a majority of the members of the Bundestag (Article 115.a of the Constitution). If the situation imperatively calls for immediate action, and if insurmountable obstacles prevent the timely convening of the Bundestag or the Bundestag cannot muster a quorum, the Joint Committee makes this determination by a two-thirds majority of the votes cast, which includes at least a majority of its members. The determination is promulgated by the President.

If the federal territory is under attack by armed force, and if the competent federal authorities are not in a position at once to make the determination, it is deemed to have been made and promulgated at the time the attack began. The President announces that time as soon as circumstances permit. If the determination of a state of defence has been promulgated, and if
the federal territory is under attack by armed force, the President may, with the consent of the Bundestag, issue declarations under international law respecting the existence of the state of defence. The Joint Committee acts in place of the Bundestag.

Moreover, in order to maintain or restore public security or order, a Land in particularly serious cases may call upon the federal border police to assist its police when without such assistance the police could not fulfil their responsibilities (Article 35.2 of the Constitution). In order to respond to a grave accident or a natural disaster, a Land may call for the assistance of police forces of other Länder or of other administrative authorities, of the armed forces, or of the federal border police. If the natural disaster or accident endangers the territory of more than one Land, the Government may instruct the Land Governments to place police forces at the disposal of other Länder, and may deploy units of the federal border police or the armed forces to support the police. Such measures taken by the Government are rescinded at any time at the demand of the Bundesrat, and in any event as soon as the danger is removed.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

The Bundestag and the parliaments of the Länder may not interrupt their work to hold fresh elections. Similarly, the Bundestag may not be dissolved if a state of defence exists, and any legislative terms due to expire end six months after the termination of the state of defence. The Bundestag, with the consent of the Bundesrat, may at any time declare a state of defence terminated. A state of defence must be terminated without delay if the conditions for determining no longer exist.

Modalities of oversight

Body ruling on the constitutionality of laws

A specialised body / constitutional Court

The Constitutional Court is the highest institution of constitutional jurisprudence (Article 93 of the Constitution). The Court is independent for all other constitutional institutions. Its decisions are binding on all constitutional bodies of the federation and the Länder, and on all Courts and authorities. It monitors compliance with the Constitution. The Court consists of federal Judges and other members. Half the members of the Court are elected by the Bundestag, and half by the Bundesrat.

Means and procedures

The Federal Constitutional Court rules (i) on the interpretation of the Constitution in the event of disputes concerning the extent of the rights and duties of a supreme federal body or of other parties vested with rights of their own by the Constitution or by the rules of procedure of a supreme federal body, (ii) in the event of disagreements or doubts respecting the formal or substantive compatibility of federal law or land law with the Constitution, or the compatibility of land law with other federal law, on application of the Government, of a Land Government, or of one third of the members of the Bundestag, (iii) in the event of disagreements respecting the rights and duties of the Federation and the Länder, especially in the execution of federal law by the Länder and in the exercise of federal oversight, (iv) on other disputes involving public law between the Federation and the Länder, between different Länder, or within a Land, unless there is recourse to another court, and (v) in the other instances provided for in the Constitution.

Evaluation of laws

No

Not applicable

Measures

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