Development and Composition of German Government Research Paper

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GERMANY & COMPOSITION OF GOVERNMENT. The research focus CURRENT ( year ) developments composition government. Preferred Resources: 1)The Economist 2) BBC News .

Development and Composition of German Government

Federalism is a key feature of the political system of Germany and its governance. Federalism dates back in the period after World War II when Germany was under the leadership Prussians. At this time, "Germany" consisted of a patchwork of states. These states formed the "Old Empire" (Altes Reich) with a common institution, the so-called Immerwahrender Reichstag in Regensburg (1663 -- 1806), composed of representatives of the respective territories. Its key features were power-sharing, bargaining and compromise-seeking (Kitschelt and Wolfgang 16).

Following the dissolution of that Empire in 1806, 39 territories formed, under Napoleon's protectorate, the Rheinbund (Rhine-Confederation) which was unwieldy and inefficient. The Vienna Congress in 1815 established, the confederal Deutscher Bund, as successor of the Old Empire and with the Bundesrat (in Frankfurt) as the supreme but weak institution (Kitschelt and Wolfgang 18).

After a revolution in 1848, a constituent assembly (Frankfurter Paulskirche) established an alternative structure (a democratic federation similar to the American model, but again with much weight given to the executives from the participating entities). Owing to the resistance of Austria and Prussia, this model could however, not be realized. Political unification was then achieved under Prussia's leadership in two subsequent steps: in 1867 Otto von Bismarck formed the Norddeutscher Bund, which then developed into the German Empire, with the larger states in southern Germany as additional members (Kitschelt and Wolfgang 22).

The Empire was a Confederation of 25 states of where Prussia stood out as the dominant entity. The states proceeded to possess sizeable internal autonomy forming the a sovereign institution Bundesrat to represent governments of the states. Federalism was exemplified executives dominance and public administrations, through the lack of a single national center and preservation of exceptional features in the participating states.

The Feudal elements in Germany had been weakened following World War I, under the constitution of the Weimar Republic. This was by strengthening the Reichstag as Parliament and the President compromising the states lately known as presidents and Lander. They were represented at the Reich level by the Reichsrat, the second chamber, composed of members of Lander governments (formed by political parties), in line with the executive-bias tradition of German federalism. Although the Reichsrat was weak, bargaining between the administrations of the Reich-government and the governments of the Lander continued to be the prevailing feature of decision making. The Nazi totalitarian regime abolished all remaining federal elements establishing a centralized governance system in the period between (1933 -- 45) (Streeck, Wolfgang and Kathleen 112).

The end of World War II ended came as a result of the unconditional surrender of Germany. This is a time when there was no German authority even at the local level. Responsibility in the country and power was taken over by the Soviet Union, UK, USA, and France took over all responsibilities and powers in the country. An agreement to dissolve Prussia and divide the territory into four zones of occupation was arrived. The decision to dissolve Prussia and divide Germany into supervision territory has an impact on the development of governance of the region (Streeck, Wolfgang and Kathleen 119).

Since 1949 the federal system in the Federal Republic of Germany has explicated towards a pattern of interlocking relationships between the federal and Lander governments due to the following factors:

There have been a number of attempts to reform German federalism. From 1973-76, a special commission (Enquete-Kommission Verfassungsreform) discussed a comprehensive reform of the constitution and half of the federation has exploited the provisions for concurrent (and framework) legislative powers;

The Lander have been compensated for autonomous legislative power loss with increased right to participate in federal legislation through the Bundesrat.

The comprehensive constitutional responsibility of the Lander for applying and administering most laws;

The institution of Joint Tasks (Gemeinschaftsaufgaben) was introduced by a whole set of constitutional amendments in 1969, among them those relating to the financial system;

The provisions of the "financial constitution" according to which the most important revenues are shared between the federation and the Lander and which have, in addition, measures of financial equalization amongst the two levels and between the Lander themselves; and Growing cooperation between the federation and Lander and amongst the Lander themselves, accompanied by shared financial responsibilities.

Proposals made referred to federalism. None of these, however, was taken up and introduced in the Basic Law. Attempts in strengthening the Lander by minimizing the fields for Joint Tasks in the 1980s were, by self-restraint on the part of the federation in its legislative action, and by ameliorating the financial foundation of the Lander.

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These endeavors were unsuccessful, however (Thelen and Kathleen 89).

The continued challenges on the reunification and the overall economic situation, have negatively affected federal system entities manoeuvre.. From 1992-94, a joint commission of the Bundestag and Bundesrat discussed reforms of the constitution which might be necessary as a consequence of reunification. With the exception of a few minor modifications, however, the federal system remained unchanged. Decisions on constitutional provisions are difficult as they require a two-thirds-majority in the Bundestag and the Bundesrat, which means an agreement of the two major parties (Thelen and Kathleen 45).

Developing Political Aspects in Germany

There are three issues that have substantial implications for German federalism: the consequences of reunification; the challenge of European integration; and initiatives towards a comprehensive reform of the federal system. Reunification has increased the economic and financial disparities amongst the Lander. This has had the result that weaker Lander are more dependent on the federation and thus the federation could win additional weight, which could have consequences for the overall federal balance. Furthermore, the system of horizontal financial equalization (horizontaler Finanzausgleich) has been affected by the widening gap (The Economist 17).

All five new Lander -- Brandenburg, Mecklenburg-Vorpommern, Sachsen, Sachsen-Anhalt and Thuringen -- belong to the group of netreceivers, with consequences for previous net-receivers (they may become net-payers or, at least, suffer some losses) and the "traditional" net-payers (their burden, transfer payments, may grow) (The Economist 17,18).

Finally, the party system in the five new Lander differs from the pattern in the "old" Lander, with the Partei des Demokratischen Sozialismus (PDS). The successor of the Communist Party in the former GDR -- becoming a third force beside the Christian Democratic Union (Christlich Demokratische Union (CDU)) and Social Democratic Party (Sozialdemokratische Partei Deutschlands (SPD)). Also, the fact that the Liberals (Free Democratic Party/Freie Demokratische Partei (FDP)) and the Greens are not represented in the respective Land Parliaments (Scarrow 622).

This has had consequences for coalition patterns (SPD with PDS, or grand coalitions, if one party cannot form a majority on its own) which may have an impact on political developments in German politics as a whole. The deepening process of European consolidation has confounded a challenge to the legal status of the Lander and therefore, to the federal structure of the FRG. The first challenge arises from the fact that the European Union (EU) has extended its functional scope considerably which means that EU activities fall into areas which have been reserved to the Lander in the internal allocation of competencies.

The second challenge has arisen from the modalities of EU decision making. In the EU, the Council of Ministers is the most important decision making and legislative body, and Germany is represented in the Council by the federal government. This means participation of the federal government in decisions in fields belonging to the exclusive competence of the Lander. The third challenge lies in the field of implementation of European legislation in Germany; this is primarily the responsibility of the Lander which until recently had no opportunity to influence the legislation and thus saw themselves under a strong degree of control by the federal government (Scarrow 625).

The Lander have reacted to this challenge successfully. First, they established in 1992 -- 93 (in the new Article 23, supplemented by the "Law on the Cooperation of Federation and Lander in Affairs of the EU") rights of participation in dealing with EU matters at the domestic level. The federal government now has to consider Lander concerns, formulated by the Bundesrat, and in matters falling under the exclusive competence of the Lander.

A further transfer of sovereign powers when this would alter the content of the Basic Law requires a two-thirds majority in support of the measure in the Bundesrat. Second, the Lander have established and developed autonomous EU activities (example setting up representatives in Brussels and lobbying directly). Finally, they have acquired the right to participate formally and directly in the decision making process at the eu level. They are represented in the Committee of the Regions established in 1993 (in an advisory capacity only), and they can represent Germany in the Council when matters falling under their jurisdiction are on the agenda. In addition, the new Article 24.1(a) allows the Lander to transfer (subject to federal….....

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