Since both, the whole state Federal Republic of Germany and the different Laender of the Federal Republic have a state character and thus organs of the legislation (Federal State), it must be specified, which to which extent may make laws (legislative competence).
The following cases can be differentiated thereby:
Exclusive legislation of the Laender (Article 70 GG)
Legislative competence exclusively is with the Laender. This is the case whenever the Basic Law does not make any other regulations.
Exclusive legislation of the Federation (Article 71, 73 GG)
Legislative competence in the cases mentioned in Article 73 GG exclusively is with the Federation, the Laender may become active only if they are expressly authorized by a Federal law
Competitive legislation (Article 72, 74 GG)
Legislative competence in the cases mentioned in Article 74 GG is indeed in principle with the Laender, but if a federal regulation becomes necessary because of the reasons specified in Article 72 II GG, then the Federation has the legislative competence with priority.
More information to legislative competence
Process of the legislation
The course of the legislation carries out itself in three sequent steps:
- Initiation of the bill (legislative initiation)
- Proceeding in the Bundestag, Bundesrat and possibly in the Mediation Committee (main method)
- Signing and promulgation
Legislative initiation (Article 76 I GG)
Bills can be introduced by three groups to the Bundestag:
1. By the Federal Government
Bills of the Federal Government (the whole, not the individual minister or the chancellor alone) are transmitted first to the Bundesrat to allow a statement before they are given to the Bundestag.
2. By the Bundesrat
Bills of the Bundesrat are transmitted first to the Federal Government to allow a statement before they are given to the Bundestag.
3. By Members of the Bundestag in parliamentary group strength
These bills are brought in directly in the Bundestag. The parliamentary group strength is at least 5 % of the members of the Bundestag, they do not have to belong to the same parliamentary group.
Already at the legislative initiation as much as possible concerning should participate, in order to make regulations as meaningful as possible. Therefore bills of the Federal Government and the Bundesrat are in each case transmitted first to the different part, and therefore in this early stage different stakeholders are heard to the bill. It is important that all different groups are heard.
Article 76 I
Bills may be introduced in the Bundestag by the Federal Government, by the Bundesrat, or from the floor of the Bundestag.