Suggested solution to case 34 – staatsrecht.honikel.de

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Zusammenfassung:

50 Cases for exam preparation

Content:

Since Members of the Bundesrat have a imperative mandate(Article 51 I GG), the Prime Minister can give appropriate instructions. The Interior Minister can represent his Land alone, the votes in the Bundesrat belong to the Land and not to the individual members of the Bundesrat. The Interior Minister then elects with all six votes. It is a law that changes the Basic Law. Because of article 79 II GG in the Bundestag a 2/3 majority is necessary for the passage of the bill. In the case of laws which will change the Basic Law also in the Bundesrat a 2/3 majority is required for adoption. Abstentions in the Bundesrat are counted as rejections, so the necessary 2/3 majority is not reached, the law will therefore not be adopted.


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