In my own way administrative structure Germany, where according to the 2011 census the population is 80.2 million people, is a federal state, which is divided into 16 equal federal subjects, called federal states (hereinafter referred to as states). These include three cities (Bremen, Hamburg, Berlin). Before the reunification of Germany (October 1990), 10 states were part of the Federal Republic of Germany and five were part of the GDR.
The development of territories is facilitated by the federal structure, according to which the lands have greater independence and implement their own programs at their own expense. The Basic Law of the Federal Republic of Germany guarantees the existence of local government and the fundamental rights of local authorities: communities must be given the right independent decision all community problems within the framework of the law and under one’s own responsibility. Community associations, within the scope of their functions, which arise from laws, also have the right of self-government. This provision is of fundamental nature not only for communities, since districts are traditionally considered in German law as associations of communities. The same article of the Constitution provides for the obligation to exist, at the level of communities and districts, of elected representative bodies of power.
In fact, this is what the constitutional regulation of local government at the federal level is limited to. Based on the principle of residual competence of lands, provided for in Art. 70 of the German Constitution, and since the regulation of local government is not mentioned in the list of federal powers, all issues of local government fall under the exclusive competence of the states. In land law, the activities of local governments are regulated by constitutions, local government regulations and individual laws. Within the framework of these regulations, as a rule, the idea of end-to-end management can be traced, in which the federal state, lands, and self-government bodies represent a single vertical within which management activities are carried out.
Local authorities. Communities are the basic unit of local government and are present in all German states. A community can be a city, a rural settlement, or a collection of several settlements. Required condition The existence of the community, provided for by the constitutions of all lands, is the separate existence of representative and executive authorities. Community authorities are formed through elections, which for a representative body are direct, equal and universal. In small communities, the role of a representative body can be played by a meeting of all residents. The functioning and structure of local government varies depending on which model the regulations in force in a particular state may be classified as.
The magistrate model is traditionally used primarily in urban areas. The council, elected by universal suffrage, elects from among its members the chairman of the council and at the same time appoints, by voting, a collegial executive body - the magistrate - from among professional managers. The magistrate is appointed for a period of 6 to 12 years in different communities, he represents the community in relations with citizens, other authorities, in court, prepares and implements council decisions (including the budget), and manages the community administration. All decisions of the magistrate are made by voting. The council appoints (usually upon the recommendation of members of the magistrate) a burgomaster, who is headed by the magistrate. Within this system, there is consistent control over the legality of decisions made: the magistrate can protest and refuse to carry out an illegal decision of the council; the burgomaster can appeal the unlawful decision of the magistrate, and the final authority in the dispute is the council.
The North German model - its main features copy the English system of organizing local government. The community council elects a burgomaster or chief burgomaster from among its members, who presides over community meetings and performs representative functions. At the same time, the council appoints a professional manager to the position of community director or city director for a period of 6 to 12 years. The community director personally manages the administration, prepares and implements council decisions.
The burgomaster model - this model of organizing local self-government in two lands and one rural community reproduces the institutional organization of French communes almost without changes. Advice
elects a burgomaster (chief burgomaster) from among its members. At the same time, the council appoints a council from among professional managers and from its own members, which includes the burgomaster.
The South German model is common in three states of the Federal Republic of Germany and most of the states of the former GDR. In general, the characteristics of the burgomaster model are repeated, but the burgomaster (chief burgomaster) is elected by the population through direct general elections.
Several characteristics of communities do not depend on the adopted model of organization of government institutions. In large communities, the territory may be divided into several districts, where the governing body is the council or council. In many lands in rural communities consisting of several settlements, it is possible to organize village councils headed by a chairman.
Delegation of powers of the executive branch is very developed in Germany: a significant part of the powers is delegated to the communities by the states. In almost all cases, delegation occurs in favor of the head of the executive branch.
Districts are traditionally considered in German law and administration as associations of communities - this, in particular, affects the way they are financed and the composition of their deputies. There are elected bodies in the districts, the districts are legal entities, have their own competencies established by law, form an independent level of local government. The reform carried out, including in the states of the former GDR, significantly reduced the number of districts by merging them.
Cities-districts are large urban centers (more than 50 thousand or 100 thousand inhabitants), which have the competencies of both communities and districts and have unified governing bodies.
District assemblies - elected by different systems, depending on the land. The diversity here is very great: from a majoritarian system with a cumulative vote in one round to a strict proportional system based on lists. The term of office is from 4 to 6 years.
The committee system - the district assembly forms a collegial executive body - the district committee, which is formed from the members of the assembly. The term of office of the committee is 6 years.
Landrat system, in which the head of the district executive power is the Landrat - a government official appointed by the land government on the proposal of the district assembly, of which he is also the chairman.
City-states - three territorial entities - the agglomerations of Bremen, Hamburg and Berlin have simultaneously the status of communities and lands (i.e. subjects of the Federation), concentrating the powers of all three types of communities at one level of government.
Competences of the lands and means of their implementation. In Germany, depending on legal regulation, there are three levels of powers of self-governing communities:
- own powers based on the principle of general competence;
- compulsory powers, the exercise of which is prescribed by law;
- delegated powers.
Both mandatory and non-binding powers are their own: self-government bodies have the exclusive right to implement them, as well as responsibility for their implementation. However, the differences between mandatory and optional powers are very significant: the list of mandatory powers is contained in constitutions and other regulations lands and their non-fulfillment or improper execution entails judicial and administrative liability. The main elements of the distribution of powers between communities are given in Table. 16.1.
Table 16.1
Powers of local governments in Germany
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Urban planning and territory planning; |
Construction and maintenance of intercommunal roads; |
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Local roads; |
Planning and arrangement |
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Construction and maintenance of primary schools; |
territories on a district scale; |
|
Fire safety, flood prevention; |
|
|
Arrangement of waterways and other water spaces; |
|
|
Construction and maintenance |
|
|
Social assistance and support for youth; |
hospitals and clinics; |
|
Construction and maintenance of secondary and professional |
|
|
Creation and maintenance of playgrounds; |
|
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Garbage and household waste collection |
- 1. Mandatory own powers (i.e. powers prescribed by law).
- 2. Examples of delegated powers (for city-districts and a number of large city-communities, for rural areas in some lands):
- civil registration;
- maintaining statistics;
- organization of elections;
- control over the stay of foreign migrants;
- control traffic;
- control over hygiene and veterinary medicine;
- control over the quality of food products;
- sanitary control of restaurants and bars.
- 3. Examples of optional actions within the framework of general competence:
- management of enterprises producing and distributing gas, electricity, water, etc.;
- regulation of public transport;
- housing construction;
- support for culture and sports;
- creating conditions for economic development;
- participation in economic development;
- construction and maintenance of public libraries;
- creation of people's universities;
- construction sports grounds and stadiums.
Local finance. The income of local communities is generated from classical sources: taxes and fees, government transfers, income from economic activity and fees for services rendered and loans. Communities' own taxes consist of two main components: land tax and trade tax (tax on business activities and private practice). The basis for calculating trade tax is total income, received by a given person (enterprise) from entrepreneurial activity (private practice). Its collection is limited by the legally established non-taxable minimum income. These taxes are collected only by communities; The tax rate is set annually by the community council. Land law may also allow communities to impose taxes on consumption (similar laws exist in most states).
Districts in Germany do not have exclusive taxes of their own. However, according to the federal constitution, the states are obliged to provide the districts with their own sources of funding. In most cases, the lands transfer part or all of the revenue from the property tax, which is formally a state (land) tax, to the districts. In addition, districts, rather than communities, may be allowed to levy some fees.
In the German system of public administration - and in particular local government - the concept of financial equalization plays a special role. The essence of equalization is the movement of financial resources between different territorial communities (including lands and the federation) in order to more evenly distribute funds between communities.
Most federal states have on their territory Various types clusters, including developed automobile clusters. However, after the unification of the country, there was a tendency to move automotive industry enterprises to the territory East Germany. This was due not only to lower production costs compared to West Germany, but also to the presence of a favorable infrastructure for the development of the automotive industry. In particular, small and medium-sized enterprises with a small staff play a leading role in the East German economy, and the level of qualifications and educational infrastructure allow production of high-quality scientific research. At the same time, the emphasis is on the development of suppliers of automotive components.
The East German automotive cluster began to be created in 2004 on the initiative of the governments of five federal states: Berlin, Brandenburg, Thuringia,
Mecklenburg-Vorpommern, Saxony and Saxony-Anhalt. The cluster within the above-mentioned territories included companies producing cars and components, service centers, research institutes and various associations. The research was carried out over two years; in parallel, a cluster development program was developed. The purpose of creating the cluster is to increase the competitiveness and development of the automotive industry in East Germany. Main areas of activity: establishing effective communication between cluster participants, universities, research institutes and government authorities, representing companies in the international arena, as well as supporting innovation activities. The presence of clusters in the region increases the role of regional administrations, since it develops and strengthens the economy of the region, stimulates economic growth and accelerates the solution of social problems, and creates conditions for the successful development of more backward territories.
The experience of Germany shows that innovation is possible only if there is a generally favorable institutional environment in the state, moderate taxation, a developed education system, etc. These factors generally have a greater impact on innovation than the provision of numerous small and large tax, customs and other benefits, and as well as other preferences.
Organizations for the implementation of competencies (joint management). Germany has traditionally developed cooperation between communities aimed at more effective implementation of competencies. There are several forms of cooperation (joint management, but official terminology), which have found application throughout almost the entire territory of Germany:
- working communities;
- public law agreement;
- unification of communities;
- community of communities;
- unification of the city and county.
Direct government management and control. Functions of the territorial government controlled carried out in Germany at several levels. In all lands, the lower level of organization of state (land) administration is the district: there is no state administration at the community level. The head of the state administration in the district is the head of the district executive authority, the landrat or director. In all states there are also administrative districts headed by a district manager.
Civil service in Germany is different high efficiency, prestige and respect among the population, and therefore to adapt the public service to changing conditions modern world The tactic of “a big qualitative leap through small steps” was chosen. Among such “steps” we can note the decentralization of the civil service, the divergence (divergence) of the status of civil servants, and the reorientation of the civil service towards “client” relationships with citizens.
Control over the legality of decisions made by local self-government bodies is carried out by the state administration of the general
higher level competencies. Along with control of legality, there is also so-called professional control, carried out by the same bodies.
Financial control over the activities of self-government bodies is divided into two types: internal and external. Internal control over the regularity and legality of financial transactions is carried out by the audit department of the local community. To organize external financial control over the rule of law, many states create a special department responsible for financial control. Internal and external financial controls are constant.
Basic principles of spatial planning in Germany. Spatial planning in Germany justifies and prepares regulations for rational use territories by developing concepts of rational development, which is based on achieving political consensus. In a social market economy, territorial planning is subordinated to the goals of social development, it supports the economic prosperity of society, promotes effective use territories, as well as conservation and rational use natural resources. Spatial planning in Germany has four levels.
At the federal level, on the basis of the Federal Law "On Territorial Planning", framework conditions for spatial development are established for the territory of the Federal Republic of Germany. Responsibility for the federal level of territorial planning lies with the Federal Ministry of Territorial Organization, Construction and Urban Development.
At the level of federal lands, on the basis of the Land Law "On Planning", a land program for territorial organization is being developed, which sets out the main provisions of the spatial organization and development of the federal land.
The regional level (as part of federal states) is intermediate between land and municipal planning. On the one hand, regional planning must specify the main goals formulated planning authorities, at ground level. On the other hand, its task is to coordinate planning decisions taken by individual communities and bring them into line with land planning objectives. Regional planning is carried out with the help of regional planning unions, within which there are balanced economic and social ties.
Local planning is the lowest level in the German planning system, which is the responsibility of local government. In local planning, a distinction is made between planning the development of municipalities and the long-term development of urban planning. The purpose of municipal planning is to plan the community comprehensively. The municipal development plan establishes the scope of authority for the implementation of activities and exercises control in accordance with the assigned tasks.
Long-term urban planning is a community-level strategy for building on its territory. It is legalized in the federal code of construction laws for the territory of Germany.
On December 15, 2006, a new phase of federalism reform started in Germany. The search for a more effective model of federalism is complicated in Germany by a number of factors, including the aggravation of contradictions between poor and rich states, the presence of competing projects of major political parties and the needs of European federalism, which is forced to take into account both the experience of states with centralized government (England and France), and the experience of federations (Germany).
The creation of a state is impossible without experience. Some countries rely on their own, others on the history of the development of other states. In any case, studying the structure and operation of the governing machine is necessary in order to introduce successful forms and avoid mistakes. What is interesting about Germany from this point of view?
Form of government
This country has a federal structure. That is, it consists of several equal parts that can adopt and establish their own laws, which are legitimate along with all-German ones. The form of government in Germany fits the definition. This means that power in the country is distributed between the president and parliament. Moreover, virtually all effective leadership power is concentrated in the hands of the first person. The position is elective. The head of government is the Chancellor, who is responsible for the external affairs of Germany. with such a distribution of roles, it is a republic. Let's take a closer look.
Functions of the President of the country
The forms of government of European countries are quite different from each other. This is clearly seen in the powers of Germany, whose form of government does not imply vesting the president with serious functions, differs from the rest. In fact, this position has a representative and ceremonial basis. The president is elected for five years. He represents the country on the world stage and issues acts of pardon for criminals. The real policy of the state is carried out by the government and parliament.
Legislature
The process of formation and publication of laws in the country has a two-stage structure. The lower house - the Bundestag - creates laws. Its deputies are elected for a term of 4 years. The laws are approved by the Bundesrat - the Upper House. It is formed from representatives of the lands in proportion to the number of their inhabitants. It is considered quite difficult process lawmaking allows us to produce a fairly successful “product”. In any case, Germany, whose form of government allows for complex domestic policy, different from other European countries high level compliance with rules and regulations by citizens.
Executive branch
The government in Germany is vested with basic powers. This branch of government decides all issues related to the work of the state, its foreign policy. The Federal Chancellor forms the budget and controls the implementation of national programs. It must be borne in mind that each of them forms its own development plans, sets taxes, and forms budgets. The supreme power deals only with national issues. Global tasks are financed through national taxes, which do not exceed twenty percent of the total amount.
Germany is interested in the experience of separate land development coordinated by common programs. Each subject of the federation has its own powers, but develops in a general rhythm and in the same direction. At the same time, they determine and form the financial basis for development independently, which allows them to solve pressing issues quite effectively.
System of government. Head of state – federal president, which performs rather representative functions and appoints the Federal Chancellor. The Federal President of Germany is elected by the Federal Assembly, a constitutional body convened specifically for this purpose. It consists of members of the Bundestag and the same number of delegates elected by the state parliaments according to the principles of proportionality. The federal president is elected by majority vote for a term of five years. Re-election is allowed once. The Federal President of the Federal Republic of Germany takes the following oath: “I swear to devote my strength to the good of the German people, to increase their wealth, to protect them from harm, to maintain and protect the Basic Law and the laws of the Federation, to conscientiously fulfill my duties and to maintain justice in relation to everyone.” If desired, he can add the religious wording "So help me God."
Federal President performs primarily representative functions. It represents Germany in the international arena and accredits diplomatic representatives. In addition, he has the right to pardon prisoners.
His official functions include:
Signing and promulgation of federal laws. At the same time, he has the right to exercise constitutional supervision over legislative activity;
Nominating the candidacy of the Federal Chancellor for consideration by Parliament;
Confirmation of the Federal Chancellor in office and his dismissal from office;
Confirmation and dismissal of federal ministers on the proposal of the Federal Chancellor;
Confirmation and dismissal of federal judges, federal employees, officers and non-commissioned officers;
In the above cases, he is only an executor of decisions made by other authorities. The federal president has more serious political powers only in exceptional cases.
The removal of the President from his post is possible if there are charges brought by the Bundestag and the corresponding decision is made by the Constitutional Court of the country.
Federal Chancellor – Bundeskanzler. Chairman Federal government Germany. Its competence includes the appointment of federal ministers and determination of the government's policy course. The Federal Chancellor is elected Bundestag– by the German Parliament for a period of 4 years and can be removed from office before the expiration of the term of office only through the mechanism of a constructive vote of no confidence.
The Federal Chancellor presides over the Cabinet of Ministers. Only he has the right to form a government: he selects ministers and puts forward proposals for their appointment or dismissal, which are binding on the federal President. The Chancellor decides how many ministers there will be in the cabinet and determines the scope of their activities. The Chancellor was given such broad powers after the Second World War by decision of the Parliamentary Council (1948 – 1949). It was he who decided to limit the powers federal president, while at the same time giving additional political weight to the position of Federal Chancellor. Further strengthening of the so-called “chancellor democracy” was associated with a new regulation on the election of the chancellor, the introduction of a mechanism for a constructive vote of no confidence in the government by the parliament and an ordinary vote of no confidence in the parliament by the government. Together with the preservation of the Federal Chancellor's right to determine the main directions of policy, which must be followed by members of the Cabinet of Ministers. In this regard, the Chancellor is by far the most significant figure in the state and political system of Germany. When announcing " state of defense“Command of the Armed Forces passes not to the President, but to the Federal Chancellor.
German executive branch operates according to a three-stage system. It is represented by ministries - implementation of political tasks; mid-level agencies supervisory authority; lower level departments – executive functions. The composition of ministers has the right to carry out the tasks entrusted to them at their own discretion, but within the framework of the law. And carry for decisions made and their consequences are fully responsible to the Federal Chancellor. If candidates are not suitable for the position held, their candidacies are reviewed on a personal basis and replaced.
Government of Germany directly depends on the Bundestag, which has the right to pass a vote of no confidence in the Chancellor as a direct representative of the government. What may be the reason for the resignation of both the government and the chancellor. IN reverse order, in the event of controversial issues that threaten the interests of the well-being of the country, the Chancellor has the opportunity to express no confidence in the Bundestag and demand its dissolution through an appropriate decision by the president. The Federal Government adopts its Regulations, which are approved by the Federal President. This act regulates the powers of the Federal Chancellor, the rights and responsibilities of federal ministers, the operating procedure of the Federal Government, etc. The Chancellor bears sole responsibility for the activities of the government. With the change of the Federal Chancellor, the government resigns.
The constitutionally enshrined functions of the German government are:
Monitoring the implementation of bills - after their adoption by parliament through consideration and voting;
Planning the country's development in domestic and foreign policy spheres;
Monitoring the activities of local management bodies;
Issuance of resolutions: general, on the execution of laws and regulations equal to laws.
Government representatives are elected for a term of up to 4 years.
Germany has a federal structure. This means that the political system of the state is divided into two levels:
- federal, where national decisions of international importance are made;
- regional, where the problems of the federal states are solved.
Each level has its own executive, legislative and judicial authorities. Although the lands have unequal representation in Bundesrat, legally they have equal status, which characterizes the German federation as symmetrical.
In Germany, legislative initiative is taken by the Government, members Bundestag and Bundesrat. All government bills are sent to the Bundesrat, which gives opinions, and then to the Bundestag. If a bill is initiated by the Bundesrat, it is sent to the government, which gives an opinion and then transmits it to the Bundestag.
German Parliament - Bundestag And Bundesrat– the land representative body carries out legislative and advisory functions at the federal level. They are empowered to amend the constitution by a two-thirds majority vote in each of these bodies.
Bundestag – Bundestag. Federal Assembly, from Bund– union, federation and Tag, Tagung- meeting, meeting. Unicameral body of people's representation. There are currently 631 members of the Bundestag. The Bundestag is elected by the country's voting population for a term of four years. Early dissolution of parliament is possible only as an exception and is within the competence of the federal president. Elections are held according to mixed system. Each voter votes on two lists: in the first, he chooses a candidate elected under the majoritarian system, in the second, a party list. Parliamentary seats are given only to those parties that have received at least 5% votes, submitted for their party list, or won at least three single-mandate constituencies. The number of seats received by the party that enters the Bundestag is proportional to the number of votes cast for its list.
Functions of the Bundestag:
Adoption of laws;
Elections of the Federal Chancellor;
Control over government activities.
The main work on the preparation of laws is carried out at meetings of parliamentary committees. During the meetings, political will and the opinion of experts in the relevant field must be agreed upon. The committees are responsible for the main work of parliamentary control over government activities.
The official salary of a deputy is 7,700 €/month, as well as a tax-free allowance to cover business expenses of 45,384 euros per year.
Bundesrat, Bundesrat. State legislative body of Germany. Literally – “ Federal Council» – representation of the federal states. Consists of members of state governments representing the 16 states of Germany. That is, in essence, the Bundesrat is the representation of the regions at the federal level. The sometimes used name "upper house" is a misnomer, since Germany has a unicameral parliament - the Bundestag.
States with a population of up to two million people (Bremen, Hamburg, Saarland, Mecklenburg-Vorpommern) have three votes in the Bundesrat. Lands of two to six million people (Berlin, Brandenburg, Rhineland-Palatinate, Saxony, Saxony-Anhalt, Schleswig-Holstein, Thuringia) – four votes. Six to seven million people (Hesse) – five votes. Over seven million people (Bavaria, Baden-Württemberg, Lower Saxony, North Rhine-Westphalia) – six votes. The number of votes means how many delegates the state government can send to the Bundesrat. The delegation is usually headed by the chairman of the state government. The votes of one land can only be cast in concert. According firmly established order rotation, the Bundesrat elects its chairman for a year from among the states represented in it. The President of the Bundesrat acts as the Federal President when the latter is unable to perform them.
Politic system. In fact, East and West Germany became a single country - modern Germany on July 1, 1990, when the East German mark was withdrawn from circulation, replaced on the territory of the GDR by the national currency of Germany - the West German mark at the rate of 1: 1. In total, about 180 billion West German marks, approximately 108 billion dollars, were exchanged.
The Basic Law of the Federal Republic of Germany was adopted in 1949 for a transitional period until the political unification of the two German states. This constitution is still in force in the country. Its first 19 articles describe the fundamental rights of citizens. While providing citizens with ample opportunities to exercise their rights, the Basic Law at the same time prohibits actions that could undermine the democratic system. This provision of the constitution was applied when prohibiting Communist Party and neo-Nazi parties. The four main principles in the constitution are the principles of democracy, the rule of law, a socially oriented state and federalism - federation of lands. To amend the Basic Law, approval by a two-thirds vote is required. Bundestag and Bundesrat, and some basic articles and provisions are not subject to change at all.
In accordance with the Treaty of German Unification, signed on August 31, 1990, the Basic Law of the Federal Republic of Germany extended to the five re-established eastern German states and the united Berlin from the moment they became part of the Federal Republic of Germany on October 3, 1990.
Electoral system. Every citizen who has reached the age of 18 has the right to vote and stand as a candidate in elections to government bodies.
Political parties. In Germany, before the unification of the country, there were three largest political parties, and they were also preserved in united Germany. This is the Social Democratic Party of Germany (SPD); the Christian Democratic Union (CDU), which forms a bloc in the Bundestag with the Christian Social Union (CSU), active only in Bavaria; Free Democratic Party (FDP). In the 1980s, a fourth party entered the political scene – “ Union "90 - Green" e". In the GDR Socialist single party Germany(SED) and the four small parties it controlled completely determined the social, economic and political life of the country. The collapse of the SED's power at the end of 1989 stimulated the creation of various non-communist groups, including the New Forum reform movement. By the time of the first German elections in December 1990, none of the significant new parties had survived, and members of the SED who remained loyal to the party renounced their communist past and renamed their association Party of Democratic Socialism(PDS). The parties of the former Federal Republic of Germany expanded their activities, organizational structure and finances for the eastern lands.
Political parties receive financial support from the state. To qualify for subsidies, a party must collect at least 0.5% of the votes during list voting.
Judicial and legal system. The highest court in Germany is Federal Constitutional Court. Half of its members are elected by the Bundestag, the other half by the Bundesrat (8 judges each). The term of office of members of the Federal Constitutional Court is 12 years. The Court interprets the Basic Law of the Federal Republic of Germany and reviews federal and land laws for their compliance with the constitution. constitutional Court also makes private decisions in cases of disputes between Länder or disagreements between the Länder and federal governments. It also adopts resolutions on the basis of which a particular political party can be dissolved if the court determines that it pursues anti-democratic goals in its activities.
In lower-ranking courts, legal proceedings are conducted by independent judges who, once appointed to office, cannot be recalled from the court without their consent. Justice in Germany is administered through five branches of the judiciary: in addition to the ordinary courts (handling civil and criminal cases), there are also labor, administrative, social and financial courts. Criminal trials are conducted by judges, not juries. With the exception of judicial trial On a number of constitutional issues, lower-ranking courts are not bound in their decision-making by decisions of higher courts. Although in practice such precedents happen often.
Historical reference
The first inhabitants of Germany bore little resemblance to its modern inhabitants. It took a long 500 thousand years before the Germans themselves came here in the 1st millennium BC. However, they did not stay here long and in the 1st century BC they rushed south. The weakening of the Roman Empire in the 4th century AD contributed to their settlement throughout almost the entire territory of Europe. At the same time, the first German states began to take shape. One of them was Frankish Kingdom. Its rulers during the 6th – 8th centuries completed the unification of the Germanic tribes, and in 800 Charlemagne proclaimed the creation of the empire. In 843 it broke up into independent states. In the eastern part there was actually German kingdom. His main foreign policy task was the revival of the lost empire of Charlemagne. In 962, German troops managed to take Rome, and Europe appeared on the map. "Holy Roman Empire of the German Nation". Its heyday occurred in the 12th – 13th centuries.
The extraordinary strengthening of large feudal lords helped accelerate the decentralization of the country, which already in the 13th century had ceased to be a single state-political entity. In the southwestern regions, the capitalist economy developed rapidly. In the 16th century, this region became the main center of Protestantism and actively supported preaching Martin Luther. Thus, the socio-economic split deepened at the expense of the religious one and delayed for several centuries political unification country and its economic development. The attempt of the Austrian emperors in the 18th century to suppress the separatism of the free regions did not lead to positive results. But in the same century, another unifying center clearly emerged - Prussia. From the middle of the 19th century, it brought together disparate principalities into a single whole. And after victories in 1871 in the Franco-Prussian War, over Austria and France restraining centralization, announced the creation all-German Reich- an empire with its capital in Berlin.
Reich, Reich. A German word for a number of lands under one authority. Goes back to the Old German form rîhhi, which can literally be translated as “lordly”, derived from the Proto-Germanic rīkz- “lord”, “ruler”. The ancient meaning of "something under the authority of a ruler" is retained in German until now and can be translated into Russian by the word “state” or various terms denoting types of states: “kingdom”, “empire”, “power”. For example, the name of Austria Österreich– Eastern State.
In modern Russian the term Reich used exclusively in relation to Hitler's Germany.
As long as the leading international positions in the economy were in the hands of England, France, Russia and the USA, Germany could not count on European dominance. The consequence of these contradictions was the First World War. The victory of France and England slowed down the development of Germany, transferred it to a secondary position in world politics and thereby gave rise to the growth of national revanchist aspirations of the German people. In the wake of such sentiments, in 1933, the Nazis, led by Hitler, came to power in Berlin and unleashed the Second World War. Participation in the anti-Hitler coalition of the USSR led in 1949 to the split of Germany into the Federal Republic of Germany and the German Democratic Republic. A pro-Soviet regime was established in the GDR. With the collapse of the USSR in the late 80s and early 90s, the reunification of the country became possible.
German politics
Stepan Babkin 2008-09-10 ~4 minutes 68933 12
The German political system is not easy to understand. This is not a “vertical of power” for you. After the unification of the Federal Republic of Germany and the German Democratic Republic, the system of government was left Western, that is, the one that the Americans established after the war. As a result, a system emerged that even many Germans do not really understand.
To begin with, I will describe the structure of Germany as a state. Germany consists of 16 states. The lands are something like autonomies, which are not always directly subordinate to the capital of Germany - Berlin. The role of the capital is generally quite small. Only legislative bodies, that is, parliament, are located there. No one would even think of going to Berlin to succeed in business or work. For this there is Munich or Frankfurt.
The founding year of the Federal Republic of Germany is considered to be May 24, 1949. But in reality, present-day Germany arose on October 3, 1990, when the GDR became part of the Federal Republic of Germany. This day is now a public holiday.
federal Republic Germany is a parliamentary democratic, legal and social state, where each federation is a small republic. After all, each individual land has its own constitution. However, the main constitution is still a set of main laws of the country. In other words, everything that is not described in the constitution of a country can be described in the constitution of a particular state. For example, in the constitution of some states the death penalty still exists, although in the country of Germany the punishment is death penalty supposedly doesn't exist.
The nominal head of state is the president. But he has only representative functions and does not influence the country's politics. The president is elected for a five-year term at a state congress of all parties in Germany that have representation in the national or state parliament. Actually, the election of the president is the only task of the state congress. The last convention was attended by 1,205 people, and for the first time they elected a president for a second term. This honor was given to Horst Kohler. The next elections are due to take place on May 23, 2009, and so far the favorite in the fight for the post is considered to be a woman, Gesine Schwan. But in fact there is something to fight for, because the annual salary of the Bundes President is 199,000 €.
The real power in Germany belongs to the Bundes Chancellor, the head of government. He is elected by parliament. And ordinary burghers influence this choice only indirectly, by voting in party elections. But the candidate for chancellor is proposed by the Bundes President. That is, people elect parliament, and the president proposes candidates for the head of government to the deputies.
The elected chancellor appoints the cabinet of ministers. This is how the German government is formed. Because of this system, Germany is sometimes called Chancellor-Democratic, because the country is ultimately ruled by people personally chosen by the Chancellor.
Unlike the President, the Bundes Chancellor is elected by next term Often. Helmut Kohl ruled the country for the longest time, from 1982 to 1998, 16 years in a row. The Chancellor of Germany receives €240,000 per year.
The Reichstag building on the Republic Square in Berlin - the inscription "To the German people"
The German parliament is called the Bundestag. As I already said, this is the only German popularly elected government body. He is elected for four years. At the moment, 612 representatives from all 16 German states sit in the German parliament. The parliament has its own Bundestag president, or, by analogy with the Russian parliament, a speaker. At the moment it is Norbert Lammert. The Bundestag is the legislative body that can change the constitution. In addition, the German parliament concludes international treaties, adopts the German budget and controls the Bundeswehr - the German army.
There is also such a body as the Bundesrat. This is something like a federation council, where each land has a constant number of representatives, from 3 to 6. The number of state representatives of the Bundesrat depends on the population of the land. The Bundesrat is an advisory body and is called upon to protect the interests of the states not only in Germany itself, but also in the European Union.
It remains only to talk about German political parties. At the moment, there are two most influential parties in Germany: the SPD (SPD) and the CDU/CSU (CDU/CSU). Previous chancellor and part-time best friend V.V. Putin was Gerhard Schröder, leader of the Social Democratic Party of Germany. Traditionally, the Germans call this party “Reds”. The second strong party is formed from the Bavarian Christian Democratic Union and its fraternal Christian Socialist Union, their traditional colors are “black”. At the moment, both leading parties have united in parliament into one coalition.
Executive power in Germany is exercised Chancellor, Government and President .
Federal Government of Germany consists of the Federal Chancellor and federal ministers.
The government is formed after the election of members of the Bundestag, who in turn elect the Chancellor, who takes a direct role in forming the cabinet of ministers. Ministers are appointed by the President on the proposal of the Chancellor.
The Government is directly dependent on the Bundestag and is responsible to it: the Bundestag can pass a vote of no confidence in the Government in the person of the Chancellor, which ultimately leads to the resignation of the Chancellor and the Government.
On the other hand, the Chancellor can raise the question of confidence in the Bundestag and if he does not receive a majority of votes, the President can dissolve the Bundestag and the Government resigns early. In addition, the Bundestag may be dissolved by the President if, in the final round of elections, the Bundestag does not approve the candidate for the post of Chancellor nominated by the President.
The functions of the Government include :
Implementation of laws adopted by Parliament;
Planning political development countries;
Implementation guide state affairs as well as other questions;
Control over the activities of government bodies in the lands;
The Bundestag has the right to delegate legislation to the Government :
The government has the right to issue general regulations;
The government has the right to issue regulations to implement laws;
The government has the right to issue regulations that have the force of laws, but only on specific issues and with the consent of the Bundestag.
The government has the right of legislative initiative .
The government has been in power for 4 years. However there is cases of early termination of his authority :
In connection with the resignation or death of the Federal Chancellor;
Since the approval of the new Bundestag;
As a result of the vote of no confidence expressed by the Bundestag in the Federal Chancellor;
If the Bundestag rejects the question of confidence raised by the Federal Chancellor and the dissolution of the Bundestag by the President.
Thus, the fate of the Government largely depends on the Chancellor, and his resignation means the resignation of all federal ministers, and thereby the entire Government.
Three-tier system of executive authorities :
-Ministries, endowed with political functions;
-Departments middle management having supervisory functions;
-Departments of the bearing unit performing purely executive functions. Ministers appointed by the President on the proposal of the Chancellor. Ministers act independently within the framework of their competence and are responsible for this to the Chancellor, who can dismiss them.
Chancellor occupies a special position in the system of executive authorities, which is why the Federal Republic of Germany is often called a “chancellor’s” republic. In fact, the Chancellor is the head of the executive branch, since he heads the Government, forms its composition, and also has the right to dismiss ministers. The President takes a mediating role between the Chancellor and the Government, since without the approval of the President the Chancellor has no right to appoint ministers. The most significant power of the President is that he nominates a candidate for the post of Chancellor to the Bundestag. And if in the final round the candidate does not receive a majority of votes, then the President has the right to dissolve the Bundestag. In reality, this right is formal and in practice there have been no such cases. The President is in stable contact with the party that won the elections. That is why he nominates a candidate for the post of head of the Government and the leader of the winning party becomes Chancellor. Voting on this candidate can take place in three rounds. If the candidate receives an absolute majority of the votes of the members of the Bundestag, the President appoints him to the post of Chancellor.
The functions of the Chancellor include :
Determination of the main directions of domestic and foreign policy;
Forms the Government;
Manages the work of the Government;
Dismisses ministers and other issues;
The president Germany is elected Federal Assembly through indirect elections for 5 years. As a rule, the winning party nominates a candidate for the post of head of state.
A person who has reached the age of 40 and has passive voting rights can become president. Elections take place in 3 rounds: the first two rounds require absolute majority votes, and still others - relative.
The President can exercise his functions for two consecutive terms. The President cannot be a member of Parliament, the Government, or the Landtag of the Lands; he also cannot hold another paid position.
The powers of the President include :
Signing of federal laws;
Nominates a candidacy for the post of Federal Chancellor;
Appoints ministers;
Appoints judges.
Moreover, these and many other powers require the countersignature of the Chancellor. But a countersignature is not required in 2 cases: for the act of dismissal of the Chancellor and for the dissolution of the Bundestag. There is a procedure for removing the President from office. To do this, it is necessary for the Bundestag and the Bundesrat to bring charges against and send it to the Constitutional Court.
