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Parliament name - More photos  >>> Structure of parliament Bicameral Chamber name (generic / translated) Deutscher Bundestag / Federal Diet Related chamber (for bicameral parliaments) Bundesrat / Federal Council Affiliation to the IPU Yes Affiliation date(s) 1890 - 1913 1921 - 1932 1951 - LEADERSHIP President Norbert Lammert (M)   Secretary General Hans-Joachim Stelzl (M)   COMPOSITION Members (statutory / current number) 598 / 612 PERCENTAGE OF WOMEN More statistics  >>> Women (current number) 197 (32.19%) Mode of designation Directly elected 598 Other 14 Notes Other: there are currently 14 overhang seats. Term 4 years Last renewal dates 18 September 2005 (View details) CONTACT INFORMATION Address Deutscher Bundestag Platz der Republik 1 D - 11011 BERLIN (Export mailing lists) Phone 49 (0)30 2270 Fax 49 (0)30 227 36878 227 36979 E-mail mail@bundestag.de Website http://www.bundestag.de

Parliament name - Structure of parliament Bicameral Chamber name (generic / translated) Deutscher Bundestag / Federal Diet Related chamber (for bicameral parliaments) Bundesrat / Federal Council LEGAL FRAMEWORK Electoral law 8 October 1990 Last amendment: 20.04.1998 Mode of designation Directly elected 598 Other 14 Constituencies - 299 single-member constituencies - 16 multi-member constituencies corresponding to the Länder (component states of the federation) Voting system Mixed: Mixed system of (simple) majority vote and proportional representation. Each voter has 2 votes: 1 ("first vote") for an individual candidate in one of the constituencies, and 1 ("second vote") for the party-list established, for each of the Länder, by each political party. Half of the Deputies are elected from among the individual candidates and half of them on the basis of the lists. Among candidates from a given constituency, the candidate having received the highest number of first votes becomes Deputy. In each Land, every party is entitled to the number of seats that corresponds to its share in the second votes. The computation is made according to the Hare/Niemeyer system. The number of Deputies belonging to each party who were elected in the vote in the individual constituencies is subtracted from the total of the seats to which that party is entitled. The remaining seats are allocated to the candidates on the party list, in the order enumerated. It is possible for a party, as happened in the 1998 elections in 13 cases, to have what are known as "overhang mandates" when it wins more seats in the constituencies on the first vote than it is entitled to according to the results of the second vote calculation. As a general rule, the party list that has obtained less than 5% of all the second votes in the country is disregarded unless at least 3 candidates of the party in question have been elected in constituencies. Vacancies of seats filled by a member of a party which presented a party list are filled by the next candidate on that list, even when the Deputy had been elected in an individual constituency. Vacancies of seats filled by a Deputy who was not the member of a political party which presented a party list and who had been elected in an individual constituency are filled through a special election in that constituency. Voting is not compulsory. Any person entitled to vote but unable to do so at his place of residence may obtain a voter's certificate and vote elsewhere or by correspondence. Voter requirements - age: 18 years - German citizenship - residence in the country for at least 3 months - under certain circumstances, German nationals who have not yet been resident in the country for 3 months or who live outside the country may vote. This applies, for example, to persons who: left the country less than 25 years ago; live outside Germany working as civil servants, soldiers or civil service employees by order of their supreme authority; reside in other EU Member States. - disqualifications: guardianship, mental deficiency or illness CANDIDATES Eligibility - Qualified electors - age: 18 years - German citizenship Incompatibilities - ministerial post in a federal state - member of Federal Audit Office - judge - member of Bundesrat - Civil servants - members of the office of the Federal President Candidacy requirements - candidatures for constituencies or for Land party lists - candidatures for constituencies may be presented by a political party or by individuals - candidacy for constituencies must be submitted by political parties if the party does not have at least 5 seats in the Bundestag or in the legislature of a given Land (a party which has not been continuously represented in the Bundestag or in the legislature of a given Land by at least 5 members may only submit a nomination as a party if it has announced its intended participation in the election to the Federal Returning Officer at least 75 days prior to the election) - in case candidatures for constituencies are presented by individuals, candidacy must be supported by at least 200 electors of the same constituency - candidatures for Land party lists may be presented by any political party. If the party does not have at least 5 seats, in the Bundestag or in a Land legislature, the support of at least one per 1000 eligible voters of the Land concerned is required. In each Land, each party may present only one list.

Parliament name - Structure of parliament Bicameral Chamber name (generic / translated) Deutscher Bundestag / Federal Diet Related chamber (for bicameral parliaments) Bundesrat / Federal Council BACKGROUND Dates of election / renewal (from/to) 18 September 2005 Timing and scope of renewal Elections were held for the all seats in Bundestag following its premature dissolution on 21 July 2005. General elections had previously taken place on 22 September 2002. Following his Social Democratic Party's heavy defeat in local elections in May 2005, Chancellor Gerhard Schröder orchestrated a negative vote of confidence in parliament on 1 July to pave the way for new parliamentary elections. He insisted he needed a fresh mandate in order to continue his reforms to revive the German economy. On 21 July 2005, President Horst Köhler announced the dissolution of the Bundestag and called early elections for 18 September 2005, one year ahead of schedule. The outgoing government, the Red-Green coalition, was composed of Chancellor Schröder's Social Democratic Party (SPD) and Foreign Minister Joschka Fischer's Green Party, which had respectively won 251 and 55 seats in the 2002 election. The SPD's main rival, Ms. Angela Merkel's Christian Democratic Union (CDU), was supported by the CDU's sister party, the Christian Social Union (CSU), standing only in Bavaria. The two had respectively won 190 and 58 seats in 2002. The Free Democrats (FDP), reported to be a possible coalition partner for the CDU-CSU, held 47 seats. Ms. Merkel was aspiring to become the first woman chancellor of the country. In July 2005, the new Left Party was formed by the Electoral Alternative for Work and Social Justice (WASG), a group of left-wing defectors from the SPD, and the former communist Party of Democratic Socialism (PDS), consisting predominantly of parliamentarians from eastern Germany, whose strength had decreased from 32 seats to 2 in the 2002 election. The election campaign focused both on domestic and foreign policy issues. Mr. Schröder came to power in 1998 promising to lower the unemployment rate. His recent reforms, known as Hartz IV, which aimed to reduce unemployment and welfare benefits in order to make the labour market more flexible, had reportedly produced little impact and frustrated both the unemployed and employers. His rival, Ms. Merkel, argued that a faster pace of reform was necessary. Her programmes included a two per cent VAT increase to finance a reduction in social security costs for employers. The two leaders also held contrasting views over Turkish accession to the European Union (EU). While Chancellor Schröder insisted that Turkish membership would ensure long-term security in Europe, Ms. Merkel firmly opposed Turkey joining the EU and proposed a "privileged partnership" instead. When the Bundestag was dissolved, the CDU had a 20 point lead over the SPD in opinion polls, but the gap had narrowed to 6 points in final surveys before polling day. Two major turning points seem to have been the televised debate between the two leaders on 4 September and Ms. Merkel's appointment of Mr. Paul Kirchof as economic adviser. Mr. Kirchof, known as a radical thinker, advocated a simplification of the tax system and, in particular, a flat 25 per-cent income tax for all, which reportedly split the CDU supporters. His proposals were also criticized by the CSU. On 18 September 2005, elections were held in 298 of 299 districts. Of the 61.6 million registered voters 77.7 per cent turned out at the polls. Official results, excluding Dresden, showed that neither the CDU nor the SPD had secured enough seats to easily form a ruling coalition. The CDU/CSU coalition won 225 seats, followed closely by the SPD with 222 seats. The FDP obtained 61 seats, the Greens won 51, and the newly formed Left Party, 54. Voting in the 160th district in Dresden was held separately on 2 October due to the death of a candidate. More than 72 per cent of the 219,000 eligible voters cast their ballots. The CDU won the seat, bringing the total seats for the CDU/CSU coalition to 226. The newly elected Bundestag was convened on 18 October 2005 and elected Mr. Norbert Lammert of the CDU as its speaker. On 11 November, after seven weeks of negotiation, the CDU-CSU and the SPD agreed to form a grand coalition, the second in German history. Ms. Merkel of the CDU was elected as Chancellor on 22 November, becoming the first woman to assume the post. STATISTICS Voter turnout Round no 1 18 September 2005 Number of registered electors Voters Blank or invalid ballot papers Valid votes 61'597'724 47'879'927 (77.73%) 851'182 47'028'745 Notes "Blank or invalid ballot papers" and "valid votes" above refer to the first vote (constituencies) except for the 160th district in Dresden. "Blank or invalid ballot papers" and "valid votes" for the second vote (party lists) except for the 160th district of Dresden are as follows: - Blank or invalid ballot papers: 758,633 - Number of Valid votes: 47,121,294 The number of registered voters in the 160th district of Dresden was 219,379. Distribution of votes Round no 1 Political group Candidates Votes % of votes Gain/Loss Social Democratic Party (SPD) 34.20 -4.30 Christian Democratic Union (CDU) 27.80 -1.70 Free Democratic Party (FDP) 9.80 2.40 Left Party (Linkspartei) 8.70 4.70 Green Party 8.10 -0.50 Christian Social Union of Bavaria (CSU) 7.40 -1.60 Distribution of seats Round no 1 Political Group Total of seats Constituencies Party Lists Gain/Loss (Total) Overhang mandates Social Democratic Party (SPD) 222 145 77 -29 9 Christian Democratic Union (CDU) 180 106 74 -10 7 Free Democratic Party (FDP) 61 0 61 14 0 Left Party (Linkspartei) 54 3 51 52 0 Green Party 51 1 50 -4 0 Christian Social Union of Bavaria (CSU) 46 44 2 -12 0 Distribution of seats according to sex Men Women Percent of women 419 195 31.76% Distribution of seats according to age Distribution of seats according to profession Comments Sources: German Bundestag: http://www.bundestag.de/ BBC News: http://news.bbc.co.uk/ CNN: http://www.cnn.com/ ZDF: http://www.zdf.de - Statistics include the results from the 160th district in Dresden where the CDU won one seat. - The number of seats and percentage of votes gained or lost by the Left Party is calculated on the basis of the Party of Democratic Socialism's (PDS) score in the 2002 election. - There are 16 overhang seats, giving a total of 614 parliamentarians (see below for further explanations). Overhang seat (Überhangmandate): In the German electoral system, each voter has 2 votes: a first vote for an individual candidate in one of the constituencies, and a second for the party list drawn up for each of the Länders by each political party. In each Land, every party is entitled to the number of seats that corresponds to its share in the second votes. In case a party wins more seats in the constituencies on the first vote than it is entitled to according to the results of the second vote calculation, the party can keep the additional seats, called "overhang seats" (Überhangmandate). Notes: The "Distribution of seats according to sex" includes 16 overhang seats (Überhangmandate): 195 women of 614 members, or 31.76%. The percentage below is based on the statutory number of 598. Ms. Dagmar Schmidt (SPD) passed away on 9 November 2005. Her seat went to Mr. Christoph Pries (SPD) on 16 November, reducing the total number of women to 194. As at 17 November 2008, there were 197 women out of 612 members (including 14 overhang seats). Source: Federal Diet, 17.11.2008.

Parliament name - Structure of parliament Bicameral Chamber name (generic / translated) Deutscher Bundestag / Federal Diet Related chamber (for bicameral parliaments) Bundesrat / Federal Council APPOINTMENT AND TERM OF OFFICE Title President of the German Bundestag Term - duration: 4 years (term of House); - reasons for interruption of the term of office: death, loss of mandate, resignation, early end of the electoral term Appointment - elected by all the Members of the Parliament - election is held at the opening of the constituent meeting of the newly elected Bundestag Eligibility - any Member of the Parliament - in keeping with German parliamentary custom, the largest parliamentary group claims the office of President - candidatures submitted at the constituent meeting immediately before the election procedure Voting system - formal vote by secret ballot - after first ballot, new candidates may be proposed for the second ballot. Subsequent ballots are confined to the 2 candidates who have received the largest number of votes. - several rounds are held if majority of the Members of the Bundestag is not obtained in first ballot and possibly second ballot - for subsequent ballots, candidate receiving the largest number of votes is elected. Procedures / results - the oldest Member of Parliament (President by age) - or the next oldest -presides over the Assembly during the voting - the President by age assisted by 2 secretaries supervises the voting - the results are announced by the President by age, shortly after the election - no procedure is foreseen for challenging the results STATUS Status - ranks second after the Federal President - takes precedence over the President of the Bundesrat - presides over joint meetings of both Houses (for the swearing-in of the Federal President) - represents the Bundestag in relations with other constitutional organs, the courts and in public - represents the Assembly or can be represented by Members in international bodies - chairs the Presidium, the Council of Elders and the Joint Committee (Parliament in a state of emergency), consisting of Members of the Bundestag and the Bundesrat - in the absence of the President, the Vice-President, member of the second largest parliamentary Group, can assume his/her role and functions Board - composed of the Presidium and the Council of Elders - the Presidium is formed by the President and the Vice-Presidents - the Council of Elders is formed by the President, the Vice-Presidents and 23 further Members appointed by the parliamentary groups in proportion to their size - the Council of Elders decides on the internal affairs of the Bundestag insofar as they do not fall within the competence of the President or the Presidium - decides on the use to be made of the premises set aside for the Bundestag - prepares a draft of the budget from which the Budget Committee may only depart after consultation with the Council of Elders - the Presidium and the Council of Elders meet once during each parliamentary week and meetings are convened by the President - they perform a supporting and advisory function. Material facilities - same benefits as Members of Parliament - in addition, taxable allowance amounting to the remuneration of MPs (currently DM 10,366) - official car - expense allowance of DM 4,483.50 - remuneration for representational duties (DM 2,000)/month) - office - official residence FUNCTIONS Organization of parliamentary business - convenes sessions - in exceptional cases, establishes the date of sessions and modifies the agenda (the date and agenda are usually agreed on in the Council of Elders) - organizes the debates and sets speaking time - examines the admissibility of bills and amendments - in specific exceptional cases, refers a text to a committee for study Chairing of public sittings - opens, adjourns and closes sittings - ensures respect for provisions of the Constitution and Standing Orders - makes announcements concerning the Assembly - takes disciplinary measures in the event of disturbance, and lifts such measures - gives and withdraws permission to speak. The list of speakers is prepared by the Secretariat. - establishes the order in which amendments are taken up - opens, conducts and closes the voting procedure - authenticates the adopted texts - interprets the rules or other regulations governing the life of the Assembly during sittings Special powers - implements the annual budget prepared by the Council of Elders - recruits, assigns and dismisses staff - appoints the Clerk with the consent of the Presidium - organizes the services of Parliament with the support of the Secretary General - represents the Bundestag in relations with foreign Parliaments - is responsible for safety and, in this capacity, can call the police in the event of disturbance in the Chamber Speaking and voting rights, other functions - takes the floor in legislative debates and vacates the Chair for that purpose - takes part in voting and vacates the Chair for that purpose - intervenes in the parliamentary oversight procedure by checking, with the assistance of the administration, whether the questions submitted are in keeping with the provisions of the Rules of Procedure

Parliament name - Structure of parliament Bicameral Chamber name (generic / translated) Deutscher Bundestag / Federal Diet Related chamber (for bicameral parliaments) Bundesrat / Federal Council NATURE Nature of the mandate · Free representation (Art. 38 (1) of the Basic Law of 23 May 1949, as amended up to and including 03.11.1995) Start of the mandate · When the MP's acceptance letter has been received by the appropriate Returning Officer (S. 45 of the Federal Electoral Law) · Procedure Validation of mandates · Validation by the Bundestag only in case of challenge (Art. 41 of the Basic Law) · Procedure End of the mandate · On the day when the legal term of the House ends (= when the new Bundestag assembles, Art. 39 (1) of the Basic Law). In the case of an early dissolution (Art. 68 (1) of the Basic Law), similarly on the day when the new Bundestag assembles. Can MPs resign? Yes · Yes, of their own free will (see S. 46 (1) (No. 4) of the Federal Electoral Law · Procedure (S. 46 (3) and S. 47 (1) (No. 4) and (3) of the Federal Electoral Law) · Authority competent to accept the resignation: the President of the Federal Council (S. 47 (1) (No. 4) of the Federal Electoral Law) Can MPs lose their mandate ? Yes (a) Definitive exclusion from Parliament by the latter: - Criminal conviction or prison sentence of at least one year etc. - Invalidity of the acquisition of membership (S. 46 (1) (No. 1) and S. 47 (1) (No. 1) and (2) of the Federal Electoral Law) - Redetermination of election results (S. 46 (1) (No. 2) and (2), S. 47 (1) (No. 2) and (3) of the Federal Electoral Law) - Loss of one of the prerequisites for eligibility at any time (S. 46 (1) (No. 3), S. 47 (1) (No. 3), (2) and (3), and S. 15 of the Federal Electoral Law) - Resignation (S. 46 (1) (No. 4) and S. 47 (1) (No. 4) and (3) of the Federal Electoral Law; see Can MPs resign?) - Determination of the unconstitutionality of the party or party section of which the Deputy is a member by the Federal Constitutional Court in accordance with Art. 21 (2) of the Basic Law (S. 46 (1) (No. 5) and (4), S. 47 (1) (No. 2) and (3) of the Federal Electoral Law) (b) Loss of mandate for incompatibility: STATUS OF MEMBERS Rank in hierarchy · Within Parliament: 1. The President 2. The Vice-President 3. The Presidents of committees 4. The Parliamentary party chairpersons Indemnities, facilities and services · Diplomatic passport · Basic salary (see Art. 48 (3) of the Basic Law and the Law on the Legal Status of Deputies): DM 11,792.60 per month · The basic salary is taxable (see also Others). The Expense Allowance is exempted from tax. · Pension scheme · Other facilities: (a) Secretariat (b) Assistants (c) No official housing (d) Official car: Deputies are entitled to free use of duty vehicles in the Bonn area. (e) Security measures (f) Postal and telephone services (g) Travel and transport (Art. 48 (3) of the Basic Law) (h) Others Obligation to declare personal assets Yes Parliamentary immunity - parliamentary non-accountability · The concept does exist, called indemnity (Art. 46 (1) of the Basic Law; see also Rule 107 of the Rules of Procedure of the Bundestag). · Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament. · Derogations: defamatory insults (Art. 46 (1) of the Basic Law) · Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate. Parliamentary immunity - parliamentary inviolability · The concept does exist, called immunity (Art. 46 (2) and (3) of the Basic Law; see also Rule 107 of the Rules of Procedure of the Bundestag). · It applies to criminal proceedings, any other restriction of personal liberty (e.g. during civil proceedings) and to the institution of proceedings of forfeiture of basic rights (Art. 18 of the Basic Law). It covers all offences, and protects MPs, in the case of criminal proceedings, from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched. · Derogations: in criminal cases, no permission has to be obtained from the Bundestag for the arrest of, or the initiation of criminal proceedings against, a Member, if he is apprehended in flagrante delicto or in the course of the following day (Art. 46 (2) of the Basic Law; Principle 6 of the Principles Governing Matters Relating to Immunity). · Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal. However, MPs are to be questioned at the seat of the Bundestag during their stay there (S. 50 (1) of the Code of Criminal Procedure, S. 382 (2) of the Code of Civil Procedure). · Protection is provided from the start to the end of the mandate and also covers judicial proceedings instituted against MPs before their election. · Parliamentary immunity (inviolability) can be lifted (Art. 46 (2) and (3) of the Basic Law): - Competent authority: the Bundestag or its Committee for the Scrutiny of Elections, Immunity and the Rules of Procedure - Procedure: in this case, MPs cannot be heard. They can appeal to the Federal Constitutional Court. · Parliament cannot subject the prosecution and/or detention to certain conditions, but has the right to be informed on the progress made in the proceedings. · Parliament can suspend the prosecution and/or detention of one of its members (Art. 46 (4) of the Basic Law): - Competent authority: the Bundestag or its Committee for the Scrutiny of Elections, Immunity and the Rules of Procedure - Procedure · In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament. EXERCISE OF THE MANDATE Training · There is a training/initiation process on parliamentary practices and procedures for MPs. · It is provided by the parliamentary party groups. · Handbooks of parliamentary procedure: - Official Handbook of the Bundestag - Guide for Deputies - Texts of laws - Legal commentaries on parliamentary questions Participation in the work of the Parliament · It is compulsory for MPs to be present at plenary sittings and committee meetings (S. 13 (2) of the Rules of Procedure of the Bundestag). · Penalties foreseen in case of failure to fulfil this obligation: deductions from the expense allowance (S. 14 (1) of the Law on the Legal Status of Members of the Bundestag) Discipline · The rules governing discipline within Parliament are contained in Rules 7 (1), and 36 to 40 of the Rules of Procedure of the Bundestag, and in S. 90b of the Code of Criminal Procedure. · Disciplinary measures foreseen : - Warning for irrelevance (Rule 36 of the Rules of Procedure of the Bundestag) - Call to order (Rule 36 of the Rules of Procedure of the Bundestag) - Direction to discontinue speaking (Rule 37 of the Rules of Procedure of the Bundestag) - Suspension of Members of the Bundestag (Rule 38 of the Rules of Procedure of the Bundestag) - Suspension of the sitting (Rule 40 of the Rules of Procedure of the Bundestag) · Specific cases: - Disparagement of a legislative institution or of one of its Members (S. 90b of the Code of Criminal Procedure): imprisonment · Competent body to judge such cases/to impose penalties: - The President (Rule 7 (1) of the Rules of Procedure of the Bundestag); the Bundestag (objections to a call to order or to a suspension) - Disparagement of a legislative institution or of one of its Members: the local public prosecutor's office or the responsible court · Procedure: - Warning for irrelevance (Rule 36 of the Rules of Procedure of the Bundestag) - Call to order (Rules 36 and 39 of the Rules of Procedure of the Bundestag) - Direction to discontinue speaking (Rule 37 of the Rules of Procedure of the Bundestag) - Suspension of Members of the Bundestag (Rules 38 and 39 of the Rules of Procedure of the Bundestag) - Suspension of the sitting (Rule 40 of the Rules of Procedure of the Bundestag) - Disparagement of a legislative institution or of one of its Members (S. 90b of the Code of Criminal Procedure) Code (rules) of conduct · This concept does exist in the country's juridical system (Rule 18 of the Rules of Procedure of the Bundestag and Code of Conduct). · Penalties foreseen for violation of the code of conduct: - President's statement and publication of the statement (Rule 8 of the Code of Conduct) · Competent body to judge such cases/to impose penalties: - The President · Procedure: in this case, MPs have no means of recourse. Relations between MPs and pressure group · There are legal provisions in this field (Rule 70 in relation with Annex 2 of the Rules of Procedure of the Bundestag; for the obligation for MPs to disclose functions in associations of trade and industry, and for the prohibition for MPs to accept any remuneration for the exercise of his office other than that provided for by law see Code of conduct).

This page was last updated on 17 November 2008
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