What is the law and its components

Based on the premise of the original jurisdiction of the federal states, the Basic Law has largely transferred the powers in the area of ‚Äč‚Äčlegislation to the federal government. Only a few areas remain under the jurisdiction of the federal states, such as education, culture and police and regulatory law. Only there the respective state parliaments can enact their own laws.

The vast majority of the laws are passed by the German Bundestag and thus by the federal government.

Participation in federal legislation

The involvement of the Federal Council in the legislative procedure (Article 50 of the Basic Law) is therefore of particular importance. No federal law is passed without the Federal Council being involved. Many laws can only come into force if the Federal Council expressly approves them. Which these are is finally stipulated in different places in the Basic Law. The other laws are so-called objection laws. The influence of the Federal Council is less here than in the case of laws that require approval. In these cases, he can only express his dissenting opinion by filing an objection to the law. However, this can normally be overruled by the German Bundestag with the so-called Chancellor majority.

Right of initiative and resolutions

In addition to the Bundestag and the Federal Government, the Bundesrat also has the right to initiate legislation (Article 76 (1) of the Basic Law). The bills passed by the Federal Council are first forwarded to the federal government. It can issue an opinion on this within six weeks - in special cases within three or nine weeks. Then the draft law is to be forwarded to the Bundestag.

The parliamentary means of resolution is also used as a political supplement to the right of initiative. This is understood to be requests that are usually addressed to the Federal Government in order to draw attention to problems, to present the Federal Council's opinion on a specific topic or to initiate legislative procedures by the Federal Government. However, resolutions are not legally binding.

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Further tasks of the Federal Council: